Acts and resolutions of the General Assembly of the state of Georgia 1935 [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: STIEN PRINTING COMPANY 19350000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1935 19350000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA STIEN PRINTING COMPANY, state printer 1935

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TABLE OF TITLES PART I.GENERAL PUBLIC LAWS. TITLE I.APPROPRIATIONS. II.TAXATION. III.CODE OF 1933CODE AMENDMENTS. IV.EDUCATIONUNIVERSITY SYSTEM. V.HIGHWAYS OF THE STATE. VI.SUPERIOR COURTS. VII.MISCELLANEOUS CIVIL AND PENAL LAWS. PART II.LOCAL AND SPECIAL LAWS. TITLE I.CITY, COUNTY, AND MUNCIPAL COURTS. II.COUNTIES AND COUNTY MATTERS. III.SCHOOL-DISTRICT ACT. IV.SOLICITORS-GENERAL. PART III.CORPORATIONS. TITLE I.MUNCIPAL CORPORATIONS. PART IV.RESOLUTIONS. CONSTITUTIONAL AMENDMENTS PROPOSED. MISCELLANEOUS SUBJECTS.

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PART I.GENERAL PUBLIC LAWS.

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STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1935 TITLE I. APPROPRIATIONS. ACTS. Highway Funds to Pay Teachers, etc. Jefferson Davis Marker. Memorial of Crawford W. Long. Screw-Worm Eradication. University System Structures. HIGHWAY FUNDS TO PAY TEACHERS, ETC. No. 4. An Act to provide funds for the payment of salaries due school teachers, and school-bus operators, pensions due Confederate soldiers and their widows, and outstanding and unpaid appropriations for the years 1928, 1929, 1930, and 1931; to authorize and direct the State Highway Board to pay into the general fund of the Treasury, for such purpose, two million dollars of surplus funds now held by the State Highway Department; to provide for the disbursement and distribution of such funds; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the State Highway Board and the State Highway Department be and they are hereby authorized, empowered and directed to immediately pay into the general fund of the State Treasury two million dollars of State Highway Funds, arising from revenue allocated to the State Aid road funds, and now held by the State Highway Department. Transfer of $2,000.000 from highway funds. Sec. 2. That the funds arising under section one of this act shall be disbursed upon warrants of the Governor for the payment of the past due appropriations for confederate pensions in full, and the balance for the payment of past due appropriations to the public school fund and the Barrett Rogers school fund and distributed pro rata among the counties and independent school systems as regular appropriations are paid, provided that all school boards shall use their pro rata part of said funds for the payment of past due salaries to school teachers and bus operators which have accrued prior to January 1st, 1935, before using said funds for any other purpose, and that the said amounts be paid in the order in which the original indebtedness was incurred. Disbursement for past-due Confederate pensions; then for past-due school funds. Sec. 3. That any balance of the funds provided by Section 1 remaining after the payment of such school teachers, and school-bus operators and Confederate soldiers shall be disbursed and distributed upon warrants of the Governor for the payment of unpaid appropriations carried in the General Appropriations Acts of 1927 and 1929 for the years 1928, 1929, 1930 and 1931, and remaining outstanding, unpaid and uncancelled under Section 26-A of the General Appropriations Act approved March 24, 1933. If such amount is not sufficient to pay all such appropriations in full, the same shall be prorated in accordance with the amounts remaining unpaid and uncancelled under said Section of the General Appropriations Act of 1933. Balance for unpaid appropriations Sec. 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1935.

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JEFFERSON DAVIS MARKER. No. 326. An Act to appropriate the sum of two thousand, five hundred dollars, or as much thereof as may be necessary, for the purpose of erecting a marker on the property owned by the State in Irwin County where Jefferson Davis was captured; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the sum of two thousand, five hundred dollars, or as much thereof as may be necessary, is hereby appropriated to be paid out of any funds not otherwise appropriated to the executive department of this State for the purpose of erecting a suitable monument on the land in Irwin County now owned by the State of Georgia where Jefferson Davis, president of the Confederacy, was captured, the design, place and cost of this to be determined by the Governor of the State. $2,500 for marker at place of Jefferson Davis capture. Sec. 2. Any part of this appropriation not used for erecting the monument may be used in landscaping and beautifying the park around the monument on lands now owned by the State. Part for park. Sec. 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. MEMORIAL OF CRAWFORD W. LONG. No. 310. An Act providing funds for the erection of a memorial to the memory of Dr. Crawford W. Long, to fix the amount to be paid therefor, to provide how said funds shall be expended and paid, to provide where said memorial shall be erected, by whom erected; 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. That there is hereby appropriated from any lawful funds in the Treasury of this State the sum of twenty-five Hundred Dollars ($2500.00) to erect a memorial to the memory of the late Dr. Crawford W. Long, such memorial to be erected near or at the birthplace of the said Dr. Crawford W. Long within the County of Madison, said State of Georgia. $2,500 for C. W. Long memorial at birthplace. Sec. 2. That said marker, monument, or memorial shall be erected by any board, department, commission or any civic body authorized by the Governor of this State, and the funds or so much as may be necessary hereby appropriated to pay the cost of such erection shall be upon order of the Governor paid by the Treasury Department of this State to the person or persons entitled to receive the same. Provided, the cost shall not exceed the amount of $2500.00. Board to which paid. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. SCREW-WORM ERADICATION. No. 284. An Act appropriating, for the balance of the year 1935 and the fiscal year 1936, the sum of fifty thousand ($50,000) dollars, to the State Department of Agriculture for use in combating the screw-worm pest in Georgia; providing how and when it may be spent; 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 sum of fifty thousand ($50,000) dollars, or so much thereof as may be needed, be and the

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same is hereby appropriated, for the balance of the year 1935 and the fiscal year 1936, to the State Department of Agriculture to be used and expended by it in combating, eradicating, and destroying the screw-worm pest so disastrous to the live-stock industry and development of this State. $50,000 for screw-worm eradication. Sec. 2. That said sum, or so much thereof as may be needed or necessary, shall be handled and controlled, and used by and through the State Department of Agriculture of this State in such way and manner as it deems best in carrying out the purposes of this Act, and all or any part of said sum, determined by the State Department of Agriculture as needful or necessary, may be spent immediately for the purposes of this Act. Department of Agriculture to handle appropriation. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1935. UNIVERSITY SYSTEM STRUCTURES. No. 381. An Act to appropriate to the Regents of the University System of Georgia, out of funds heretofore unappropriated, the sum of $1,000,000; $666,666.66 for the year 1936, half of which shall if funds are in hand to be made available during 1935, and $333,333.34 for 1937; the funds from which shall be used for the purpose of erecting necessary structures at various units of the University System. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. There is hereby appropriated to the Regents of the University System of Georgia, out of funds not heretofore appropriated, the sum of $1,000,000 (one million dollars), $666,666.66 for the year 1936, one half of which,

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however, if funds are in hand, to be made available in the year 1935; and $333,333.34 for the year 1937. Provided, however, the items of the General Appropriations for 1936-1937 shall be paid as prior appropriations before this appropriation shall be paid. $1,000,000 for structures of university system. Sec. 2. The proceeds from said appropriation as paid to the Regents of the University System of Georgia shall be used by it in erecting necessary structures at the various units of the University System in the order of their respective necessity. Sec. 3. All laws and parts of laws in conflict with the provisions of this Act shall be and the same are hereby repealed. Approved March 28, 1935.

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TITLE II. TAXATION. ACTS. General Tax Act. Malt Beverages; Excise and License. Oleomargarine; Excise Tax. Rent and Royalty Collectors; License. See Code Amendments for other Acts. GENERAL TAX ACT. No. 360. An Act to annually, in addition to the ad valorem on real and personal property as now required by law, levy and collect a tax for the support of the State Government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the method of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, that the terms and provisions of this Act shall not take effect and become operative until January 1, 1936, and shall continue thereafter. Effective January 1, 1936. Section 2. Be it further enacted by the authority aforesaid, that in addition to the ad valorem tax on real estate and personal property, as required by the Constitution and now provided for by law, the following specific and occupation taxes shall be levied and collected each year after the passage of this Act, beginning in 1936. In all cases in this Act where population controls the amounts of tax or license fee to be paid, the last census report of the Federal Government shall govern. Paragraph 1. Poll-tax. There shall be levied and collected each year upon every inhabitant of the State between the ages of twenty-one and sixty years, on the day fixed for the return of property for taxation, a poll-tax of $1.00 which shall be used for educational purposes in instructing children in the elementary branches of an English education only; Provided, that this tax shall not be demanded of blind persons, or female, inhabitants of the State who do not register for voting. Poll tax. Paragraph 2. That the Governor, by and with the assistance of the Comptroller-General, is authorized and empowered annually to levy and assess a tax on the ad valorem value of the taxable property of this State, such rate as may be sufficient to raise a net amount of $100,000.00 as a sinking fund to pay off and retire the valid outstanding bonds of the State as they fall due, as required by Article 7, Section 14, Paragraph 1, of the Constitution. The tax above authorized shall be specially levied and collected, and separate accounts of the same shall be kept by the Treasurer, and the money arising therefrom shall be applied to paying off the valid bonds of the State as they mature. The said amount so received each year shall be applied to paying off and retiring the valid

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bonds of the State, maturing in their order continuously. All bonds retired under the provisions of this Act shall be cancelled and stamped with the words sinking funds, by the Treasurer, and filed in his office. In addition to the foregoing levy, the Governor, by and with the assistance of the Comptroller-General, shall also levy and assess such additional rate of tax on the taxable property of this State as may be necessary to meet the appropriations of the General Assembly of Georgia for each succeeding year. The aggregate ad valorem tax levy in any one year not to exceed the tax-rate limit fixed by the Constitution of this State. Ad valorem tax, to pay bonds. Additional tax to meet appropriations. Paragraph 3. Professions. Upon each and every practitioner of law, medicine, osteopathy, chiropractic, chiropodist, dentistry, optometrist, masseur, public accountant, or embalmer, and upon every civil, mechanical, hydraulic, or electrical engineer, or architect, charging for their services as such, $15.00, and the validity of their license is made contingent upon the payment of the tax herein provided. And no municipal corporation or county authority shall levy or collect an additional tax on the professions, businesses, or occupations enumerated above. Such tax to be collected as other license or occupation taxes are now collected. Professional tax, $15.00. Paragraph 4. Officials. Upon the president of each express, telegraph, telephone, railroad, street railroad, steamboat, or navigation company, electric light, gas company, water company, sleeping-car company, palace-car company, building and loan association, and investment and loan company, doing business in this State, $25.00. Provided, said tax shall not apply to local building and loan associations fostered as a civic undertaking and not conducted for financial gain or profit. In case the president of any of the companies enumerated in the preceding paragraph does not reside in this State, then in each case

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the general agent, superintendent, or other person or official in charge of the business of such companies, residing in this State, shall be required to pay the tax of $25.00 hereby imposed; and no municipal corporation, or county authorities shall levy or collect an additional tax on the officials enumerated above, either as a license tax, or fee. The president or other officials herein named, of the companies enumerated above, are required to make a return as such to the Tax Receiver of the county of his residence as of January first, which returns shall be entered on the digest by said Receiver. Corporation presidents, etc., $25.00. Corporation returns. Paragraph 5. Advertising. Upon each person, firm, or corporation conducting business of an advertising agency using other means than billboards, $50.00; upon each person, firm or corporation conducting the business of advertising by signs painted, pasted or printed on billboards or other places where space is leased, rented or sold, in each county where located, one dollar ($1.00) for each location, and a location is defined to be seventy-five lineal feet or fractional part thereof; and provided further, that before painting or posting such locations or fractional part thereof, it shall be the duty of the person or persons so advertising to register with the Ordinary and Tax Collector of said county as required by law, and in case of any increase of advertising said Ordinary shall in each instance be notified as to the number of locations. Advertising business. Billboards. Paragraph 6. Agencies, Collecting, Commercial and Mercantile. Upon each person, firm, or corporation engaged in business as collecting, commercial, mercantile or any other agency of like character, $200.00 in every county in State where they have an office or branch office. Provided, that any attorney at law, or firm of lawyers, opening and operating a collection agency, shall be liable for said tax regardless of having paid their regular professional tax.

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Provided, that this Section shall not apply to persons, firms, or corporations engaged solely in collecting or aiding in the collection of hidden and/or delinquent taxes. Collecting, commercial, mercantile agencies. Paragraph 7. Agencies, Detective. Upon each person, firm, or corporation operating a detective agency or doing detective work for hire or compensation, for each office established in this State, in or near cities or towns of 25,000 or more inhabitants, $200.00; in or near cities or towns from 10,000 to 25,000 inhabitants, $50.00; and in or near cities or towns of less than 10,000 inhabitants, $25.00. Detective agencies. Paragraph 8. Athletic Clubs. Upon every athletic club, and upon every association or person giving boxing or sparring or wrestling exhibitions where an admission of not exceeding $1.00 is charged, $50.00 for each exhibition; where admission charged is $1.00 to $1.50, $100.00; and where the admission charged is $1.50 and over, $200.00 for each exhibition. That the tax herein provided for shall be paid to the Tax Collector of the county before opening the doors for any of said exhibitions. Athletic agencies. Paragraph 9. Amusement Parks. Upon each person, firm, or corporation running, leasing, or operating an amusement park, other than baseball, football, or bicycle parks, hereinafter mentioned, where two or more amusement devices, resorts or attractions are operated and an admission fee is charged for any one or more of the exhibits, resorts, or attractions, $250.00. Provided, this paragraph shall not be construed to exempt or relieve any individual device, resort, amusement or attraction located in said park from paying any specific or license tax herein imposed. Amusement parks. Paragraph 10. Auctioneers. Upon each and every auctioneer selling by auction in this State, jewelry, junk, furniture and household goods, live stock, farm

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implements and produce, and real estate, ten ($10.00) dollars for each day's sale in county in which he conducts said sale. Provided, however, that this section shall not apply to sheriffs and attorneys at law, conducting sales under power of sale, or other legal sale for their clients, and commissioners conducting sales by virtue of the order of any court of this State, nor to auctioneers of tobacco or other farm products. Auctioneers. Exceptions. Paragraph 11. Automobiles or Trucks. Upon every agent of, upon every dealer in and upon every person soliciting orders for retail sale of automobiles or trucks, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below, viz.: In each county with a population of less than 20,000, $25.00; in each county with a population between 20,000 and 30,000, $55.00; in each county with a population between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00; provided, however, that tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits, shall be $25.00. Provided that such tax shall be required only in the county where the principal business is located of any one agent, dealer, or person soliciting orders, and/or the county in which deliveries are made. Provided, further, however, that nothing in this Act shall conflict with the provisions fixing license upon exclusive dealers in used cars. Such dealer, agent or solicitor selling or offering for sale automobiles or trucks at retail shall be required to pay one license fee only; so as to provide that all persons soliciting orders, or selling automobiles or trucks at retail, shall pay a license to become a dealer or agent, and such license shall entitle

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such dealer to sell any makes of new or second-hand automobiles or trucks. Provided, that any dealer paying the required tax herein may employ salesmen who shall not be required to pay such tax. Automobile or truck dealers. Paragraph 12. Used Cars. Upon every person, firm, or corporation dealing exclusively in used automobiles or trucks, or second-hand automobiles or trucks, the following sums, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00; provided, however, that the tax on such person, firm, or corporation located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from such city limits shall be $25.00. Dealers in used cars. Paragraph 13. Automobile Tires, Accessories, Automobile Radios or Automobile Parts (Wholesale). Upon every wholesale dealer in automobile tire, automobile accessories, automobile radios or automobile parts of any kind whatsoever, the sum of $100.00 for each place of business. Wholesale dealers in automobile tires or accessories. Paragraph 13A. Automobile Radios Wholesale. Upon every wholesale dealer in automobile radios of any kind whatsoever the sum of twenty-five ($25.00) dollars for each place of business, provided that where license as specified in paragraph 13 is paid, it will not be necessary to pay the license specified in this section. Automobile radios. Paragraph 14. Automobile Tires, Accessories, Automobile Radios or Automobile Parts (Retail). Upon every retail dealer in automobile tires, automobile accessories, automobile radios, or automobile parts of any kind whatsoever, the sum of $10.00 for each place of business. Retail dealers in tires, etc. Paragraph 15. Automobile and/or Truck Assembly Plants. Upon each person, firm, or corporation operating

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an automobile and/or truck assembly plant, $500.00 in each county. Automobile etc., assembly plants. Paragraph 16. Automobile Garages. Upon each person, firm, or corporation carrying on the business of operating garages either for storage or repairing automobiles in cities of more than 35,000 inhabitants, $35.00; in cities between 20,000 and 35,000 inhabitants, $25.00; in cities between 10,000 and 20,000 inhabitants, $15.00; in cities and towns of 1,000 to 10,000 inhabitants, $10.00; in cities and towns of less than 1,000 inhabitants, $5.00; and persons operating such garages within one mile of the limits of all incorporated cities, $5.00. Garages. Paragraph 17. Automobile Parking-Places. Upon each person, firm or corporation operating what is commonly known as automobile parking-places, said parking-places being located on vacant lots in cities or towns with a population of 50,000 or more inhabitants, $25.00; cities or towns of 25,000 to 50,000, $15.00; in cities or towns with a population of less than 25,000 inhabitants, $5.00 for each location where cars are parked for hire. Parking places. Paragraph 18. Awning and Tent Makers. Upon all awning and tent makers, $15.00 in each county. Awning and tent makers. Paragraph 19. Bagatelle, Billiard, Jenny Lind, Pool or Tivoli table. Upon each person, firm, or corporation operating for public use, and charging for the use thereof, any Bagatelle, Billiard, Jenny Lind, Pool, or Tivoli Table, the State license fee on and after January 1, 1936, shall be at the rate of $100.00 for each place of business operating not exceeding six tables, and addition thereto, $50.00 for each table operated in excess of six tables. Said license fees shall be paid semi-annually, beginning January 1, 1936 in advance before the beginning of operation. Tables for games.

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Paragraph 20. Ball and other Parks. Upon each person, firm, or corporation owning, leasing or operating any park or place where baseball, football or other similar game is played or where automobile, motorcycle, horse or bicycle races or contests are held and where admission fees are charged in cities of more than 50,000 inhabitants, or within five miles thereof, $200.00; in cities with 20,000 to 50,000 inhabitants or within five miles thereof, $100.00; in cities with 10,000 to 20,000 inhabitants, or within five miles thereof, $50.00; in cities or towns of less than 10,000 inhabitants or within five miles thereof, $20.00. Provided that this tax shall apply only to those parks and places wherein professional games are played or professional contests are held. Ball and racing parks. Paragraph 21. Barber-Shops. Upon every person, firm or corporation engaged in the business of operating a baber-shop in cities of more than 5,000 inhabitants, the sum of $5.00 for each chair in use; in cities or towns of less than 5,000 inhabitants the amount shall be $2.50 for each chair in use. Barber-shops. Paragraph 22. Barber Supplies. Upon all agents for barber supplies, $50.00 for each place of business. Barber supplies. Paragraph 23. Beauty Parlors. Upon each person, firm or corportion operating a beauty parlor or shop or manicure shop in each and every town and city of this State, with a population of fifty thousand (50,000) or more, the sum of $25.00; and in each town or city of this State, with a population of twenty-five (25,000) to fifty thousand (50,000), the sum of $15.00; and in each and every town and city of this State, with a population of less than twenty-five thousand (25,000), the sum of $10.00; said tax to apply and to be collected from the owner or operator of each and every such place of business. Provided, that this tax shall not apply to manicure shops operated in connection with barber-shops. Beauty parlors, manicure shops.

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Paragraph 24. Bicycle Dealers. Upon every bicycle dealer selling or dealing in bicycles, either at wholesale or retail, for themselves or upon commissions or consignments, $10.00 for each place of business. Bicycle dealers. Paragraph 25. Bill Distributors. Upon all bill distributors and parties engaged in the business for profit in towns or cities, $25.00; provided, this tax is limited to cities of 15,000 population or more. Bill distributors. Paragraph 26. Book Agents. Upon each agent or canvasser for books, maps, or lithographic prints in each county in which he shall do business, $5.00. Provided, this shall not apply to bona fide students earning their way through school or college, or to persons selling Bibles only. Book agents. Paragraph 27. Bottlers (Non-resident). Upon each non-resident person, firm, or corporation delivering for sale by truck or trucks any carbonated beverage in this State, $150.00. Delivering carbonated beverages for sale. Paragraph 28. BrokersStocks and Bonds. Upon each person, firm or corporation dealing in bonds or stocks, either exclusively or in connection with other business, the sum of $100.00 for each town or city in which such persons, firms, or corporations maintain office. Stock and bond dealers. Paragraph 29. BrokersReal Estate. Upon each person, firm, or corporation engaged in the business of buying or selling real estate on commission or as agent renting real estate, in cities of 50,000 or more inhabitants, $35.00; in cities of 25,000 to 50,000 inhabitants, $20.00; in cities of 10,000 to 25,000 inhabitants, $15.00; in cities or towns of less than 10,000 inhabitants, $10.00. And if such person shall engage in auctioneering or selling property at public outcry or by auction sales, he shall also be liable for and required to pay the tax required of real estate auctioneers by paragraph 10 of this Section, to-wit: $10.00 for each day's sale. Real estate dealers, renting agencies.

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Paragraph 30. Burglar-Alarms. Upon all burglaralarms companies, or agents therefor, the sum of $25.00 for each agency or place of business in each county. Burglaralarm agents, etc. Paragraph 31. Cafes and Restaurants. Upon every person, firm, or corporation, except hotels, operating any cafe, restaurant or lunch-room with fifty or more tables, $100.00; twenty-five to fifty tables, $50.00; ten to twenty-five tables, $25.00; five to ten tables, $10.00; less than five tables, $5.00. Provided, that four seats or stools at tables or counters shall be construed on the same basis as a table. Cafes, restaurants, lunch-rooms. Paragraph 32. Carbonic Acid Gas. Each person, firm, or corporation engaged in the business of manufacturing or vending soft drinks made of or containing carbonic acid gas or any substitute therefor shall pay, as a privilege license to carry on such business, four cents on each pound of carbonic acid gas, or any substitute so used. Provided, that bottled drinks on which this license shall have been paid may be resold in original packages without the payment of further license, under this schedule. Each person, firm, or corporation engaged in such business shall keep accurate books and invoices showing the quantity of carbonic acid gas or any substitute therefor used in such business, and such other information relating to the business as may be required by the Comptroller-General, to enable the State tax officials to check by the returns herein required. At the end of each calendar quarterly period every person, firm, or corporation engaged in such business shall make a report to the Comptroller-General on blanks to be furnished by the Comptroller-General, showing the amount of carbonic acid gas or other substitute therefor consumed during the preceding quarter, and such other information as the Comptroller-General may require, verified by affidavit, and shall with the report remit the license herein provided for each pound of carbonic acid gas or other substitute therefor consumed,

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as shown by the report, and such remittance shall be paid into the State Treasury. If such report or remittance is not made within fifteen days after the end of the calendar quarter, there shall be added to the sum due for such license for the preceding quarter 10% additional license. The tax officials of the State shall have authority to examine the books and papers of any one engaged in such business, for the purpose of ascertaining the correctness of all reports and remittances. Any person wilfully failing or refusing to make the reports and remittances herein required shall be guilty of a misdemeanor, and any person wilfully making a false affidavit as to any report herein required shall be guilty of perjury. Soft-drink dealers. Reports to Comptroller-General. Paragraph 33. Cars Operated for Hire. Upon each person, firm, or corporation operating or keeping automobiles for hire, whether in connection with a garage or not, a tax according to the following scale, whether in or outside of the corporate limits of any city or town, for each automobile so operated in or near cities or towns with less than 1,000 inhabitants, $5.00; in or near cities with 1,000 to 5,000 inhabitants, $10.00; in or near cities or towns with 5,000 to 15,000 inhabitants, $15.00; in or near cities or towns with 15,000 to 30,000 inhabitants, $20.00; in or near cities or towns with 30,000 to 50,000 inhabitants, $25.00; in or near cities with more than 50,000 inhabitants, $40.00. Provided that no person, firm, or corporation shall pay a total tax for all cars operated by such person, firm or corporation of more than $500.00 for each place of business operated. Provided further that the word near as used in this paragraph, is defined to mean a distance of three miles of the incorporate limits of any town or city. Hiring automobiles. Paragraph 34. Cars operated for hire over fixed routes. Upon every person, firm, or corporation operating automobiles for transportation of passengers upon a regular fixed route, commonly known as jitneys,

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for a uniform fare, for each five passenger car or less, $15.00; and for each car carrying more than five passengers, $25.00. Jitneys. Paragraph 35. Cars for HireDrive-It-Yourself. Upon each person, firm, or corporation operating or keeping for hire automobiles commonly known as Drive-It-Yourself business, or automobiles without drivers for hire, $150.00 for each place of business. Provided that the tax fixed herein shall not exceed $10.00 for each car operated. Drive-it-yourself cars. Paragraph 36. Coal and Coke. Upon each person, firm or corporation dealing in coal or coke whether for themselves or as agents or as brokers in or near cities of more than 1,000 and not more than 10,000 inhabitants $10.00, in or near cities of more than 10,000 and not more than 20,000 inhabitants $25.00, in or near cities of more than 20,000 and not more than 50,000 inhabitants $50.00, in or near cities of more than 50,000 inhabitants $100.00 for each place of business, provided the word near as used in this paragraph is defined to mean within three miles of the incorporate limits of any town or city referred to in said paragraph. Coal and coke dealers. Paragraph 37. Cemetery Companies. Upon all companies, agencies, offices, etc., $100.00 in each county. Cemetery companies, etc. Paragraph 38. Circuses. Upon each circus company or other company or companies giving such exhibition beneath or within a canvas enclosure, advertised in print or parade in any manner whatsoever as a circus, menagerie, hippodrome (spectacle, or show implying circus) the following tax measured by the number of railroad-cars, automobiles, trucks, or wagons used in transporting said circusrailroad cars, automobiles, trucks and wagons hereinafter referred to as cars. A circus requiring more than eighty cars, $1,000 per day; forty to eighty cars, $500.00 per day; twenty to forty cars, $100.00 per day; ten to twenty

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cars, $50.00 per day; less than ten cars, $25.00 per day, for each day it may exhibit in the State of Georgia. Circuses, menageries, etc. Paragraph 39. Circus Side-Shows. Upon each side-show accompanying a circus company in any county having a town or city of 5,000 population or more, $50.00 per day; and in all other counties, $25.00 per day. Side-shows. Paragraph 40. Concerts, Shows and Exhibitions. Upon all concerts, shows and exhibitions charging an admission, in or near cities of less than 5,000 inhabitants, $25.00; in or near cities of more than 5,000 and not more than 20,000 inhabitants, $50.00; in or near cities of 20,000 population and not more than 50,000, $75.00; in or near cities of more than 50,000 population, $100.00 for each day. Provided, that this section shall not apply to histrionic, dramatic, musical and operatic performances given in regular licensed theatres and opera houses nor upon any shows, concerts, or musical entertainment, whether vocal or instrumental given by or for any school or college upon the grounds of a school or college, but upon each such theatre or opera house in towns of less than 2,000 inhabitants, $2.50 per month; in cities from 2,000 to 5,000 inhabitants, $4.00 per month; in cities from 5,000 to 10,000 inhabitants, $7.00 per month; in cities from 10,000 to 25,000 inhabitants, $10.00 per month; in cities or towns of over 25,000 inhabitants, $12.50 per month. Provided that the word near as used in this section, shall be defined to mean a distance of three miles from the incorporate limits of any such town or city herein referred to. Concerts, shows, exhibitions. Exceptions. Paragraph 41. Commercial Reporting Agencies. Upon each person, firm or corporation engaged in the business of a commercial reporting agency, in each county in the State where they have an office or branch office, $200.00. A commercial Reporting Agency within the meaning of this statute is any person who, for hire, collects and disseminates information of any

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nature to persons subscribing therefor and which is in aid of business or commercial transactions between the subscriber and other persons. Provided that the term Commercial Reporting Agency shall not be construed to include a person who collects information for a Commercial Reporting Agency and furnishes same to such Agency for a compensation. Commercial reporting agencies. Paragraph 42. Street Carnivals. Upon every midway combination of small shows, or street fair or street carnival, the sum of $25.00 each week or fractional part thereof, for each separate tent, enclosure, or place where an admission fee is charged or collected, either directly or indirectly, to witness or hear any performance, or where anything may be exhibited for admission or ticket; and upon every merry-go-round or flying horse accompanying any midway combination, street fair or street carnival, in each city or town in this State in which it does business, or in each county where they may operate outside of the limits of any city or town in this State, $25.00. Street carnivals, merry-go-rounds, etc. Paragraph 43. Corporations, Domestic and Domesticated Foreign. All corporations incorporated under the laws of Georgia, except those that are not organized for pecuniary gain or profit and Domesticated foreign Corporations, in addition to all other taxes now required of them by law, are hereby required to pay each year an annual license or occupation tax as specified in the following scale: Domestic corporations. Corporations with issued capital stock not exceeding $10,000, $10.00. Corporations with issued capital stock over $10,000 and not over $25,000, $30.00. Corporations with issued capital stock over $25,000 and not over $75,000, $75.00. Corporations with issued capital stock over $75,000 and not over $100,000, $100.00 Corporations with issued capital stock over $100,000 and not over $300,000, $200.00.

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Corporations with issued capital stock over $300,000 and not over $500,000, $250.00. Corporations with issued capital stock over $500,000 and not over $750,000, $300.00. Corporations with issued capital stock over $750,000 and not over $1,000,000, $500.00. Corporations with issued capital stock over $1,000,000 and not over $2,000,000, $750.00. Corporations with issued capital stock over $2,000,000 and not over $4,000,000, $1,000.00. Corporations with issued capital stock over $4,000,000 and not over $6,000,000, $1,250.00. Corporations with issued capital stock over $6,000,000 and not over $8,000,000, $1,500.00. Corporations with issued capital stock over $8,000,000 and not over $10,000,000, $1,750.00. Corporations with issued capital stock over $10,000,000 and not over $12,000,000, $2,000.00. Corporations with issued capital stock over $12,000,000 and not over $14,000,000, $2,500.00. Corporations with issued capital stock over $14,000,000 and not over $16,000,000, $3,000.00. Corporations with issued capital stock over $16,000,000 and not over $18,000,000, $3,500.00. Corporations with issued capital stock over $18,000,000 and not over $20,000,000, $4,000.00. Corporations with issued capital stock over $20,000,000 and not over $22,000,000, $4,500.00. Corporations with issued capital stock over $22,000,000, $5,000.00. For the purpose of ascertaining the tax hereby imposed, capital stock having no nominal or par value shall be deemed to have value as is fixed therefor by the Comptroller-General from the information contained in the report to be filed by said corporation, as hereinafter provided for, and from any other information obtained by the Comptroller-General. The tax provided for in this paragraph to be paid to the Comptroller-General through the Tax Collector in the county where the

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principal place of business of said corporation is located for which said service in collecting the taxes, which it is made the duty of the Collector to collect, the Tax Collectors shall receive a commission of five(5)per centum of the tax so collected up to $500.00 and of two (2) per centum of the amount so collected from $500.00 to $1,000.00 and of one (1) per centum of all amounts so collected above $1,000.00. Provided, however that said tax under this paragraph which shall be payable by railroads and the other public utility corporations, which under Section 9 of the General Tax Act of 1927 (Georgia Laws 1927, page 97) are required to make ad valorem tax returns to the Comptroller-General, shall be collected by the Comptroller-General. Said Tax Collector shall remit to the Comptroller-General such taxes collected, less his commission, on the first day of each month following the month in which said taxes were collected. To whom paid. Proviso. Be it further enacted by the authority aforesaid, that each domestic corporation shall, on or before the first day of January each year, make a report to the Comptroller-General, upon forms furnished by him, showing: Reports by corporations. (a) The name of the corporation. (b) The location of its principal offices. (c) The name of the president, secretary, treasurer, and members of the board of directors, with post-office address of each. (d) The date of annual election of officers. (e) The amount of authorized capital stock, and the par value of each share. (f) The amount of capital stock subscribed, the amount of capital stock issued and outstanding, the amount of capital stock paid up, and the amount of surplus and dividend profits.

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(g) The nature and kind of business in which the corporation is engaged, and its place or places of business. (h) The change or changes, if any, in the above particulars since the last annual report. (i) And for corporations whose capital stock had no par value, a balance-sheet of the last day of the last fiscal or calendar year. (j) Such report shall be signed and sworn to before any officer authorized to administer oaths, by the president, vice-president, secretary, treasurer, or general manager of the corporation, and forwarded to the Comptroller-General. (k) So long as national banking associations are exempt from the payment of the tax imposed under this section, State banks and trust companies shall likewise be exempt. This exemption shall apply only to trust companies as are engaged in commercial banking or receiving deposits. (l) No income tax shall be required of domestic mutual fire-insurance companies chartered under the laws of the State of Georgia. Paragraph 44. Corporations, Foreign. All corporations incorporated or organized under the laws of any other State, nation, or territory, and doing business or owning property in this State, except those companies that are not operated for pecuniary gain or profit, in addition to all other taxes now required by them by law, are hereby required to pay each year an annual license or occupation tax for the privilege of carrying on its business within this State, as specified in the following scale: Foreign corporations. When the amount of the capital stock and surplus employed in the State does not exceed $10,000, $10.00.

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When the amount of the capital stock and surplus employed in the State is over $10,000 and not over $25,000, $30.00. When the amount of the capital tock and surplus employed in the State is over $25,000 and not over $75,000, $75.00. When the amount of the capital stock and surplus employed in the State is over $75,000 and not over $100,000, $100.00. When the amount of the capital stock and surplus employed in the State is over $100,000 and not over $300,000, $200.00. When the amount of the capital stock and surplus employed in the State is over $300,000 and not over $500,000, $250.00. When the amount of the capital stock and surplus employed in the State is over $500,000 and not over $750,000, $300.00. When the amount of the capital stock and surplus employed in the State is over $750,000 and not over $1,000,000, $500.00. When the amount of the capital stock and surplus employed in the State is over $1,000,000 and not over $2,000,000, $750.00. When the amount of the capital stock and surplus employed in the State is over $2,000,000 and not over $4,000,000, $1,000.00. When the amount of the capital stock and surplus employed in the State is over $4,000,000 and not over $6,000,000, $1,250.00. When the amount of the capital stock and surplus employed in the State is over $6,000,000 and not over $8,000,000, $1,500.00. When the amount of the capital stock and surplus employed in the State is over $8,000,000 and not over $10,000,000, $1,750.00. When the amount of the capital stock and surplus employed in the State is over $10,000,000 and not over $12,000,000, $2,000.00.

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When the amount of the capital stock and surplus employed in the State is over $12,000,000 and not over $14,000,000, $2,500.00. When the amount of the capital stock and surplus employed in the State is over $14,000,000 and not over $16,000,000, $3,000.00. When the amount of the capital stock and surplus employed in the State is over $16,000,000 and not over $18,000,000, $3,500.00. When the amount of the capital stock and surplus employed in the State is over $18,000,000 and not over $20,000,000, $4,000.00. When the amount of the capital stock and surplus employed in the State is over $20,000,000 and not over $22,000,000, $4,500.00. When the amount of the capital stock and surplus employed in the State is over $22,000,000, $5,000.00. Mode of ascertaining tax. For the purpose of ascertaining the tax hereby imposed, every corporation subject to said tax is deemed to have employed in this State the proportion of its entire outstanding issued capital stock and surplus that its property and assets in this State bear to all its property wherever situated, and that the volume of business done in this State bears to the total volume of business done by the corporation. Capital stock having no nominal or par value shall be deemed to have such value as is fixed therefor by the Comptroller-General from the information contained in the report to be filed by said corporations as hereinafter provided for, and from any other information obtained by the Comptroller-General. Valuation of stock. Paragraph 45. (1) The tax required by the preceding paragraph (44) shall be paid to the Comptroller-General of this State and the payment of said tax shall authorize said corporation to exercise the privileges

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specified in paragraph 44 of this Act in any county in this State, except as otherwise provided by law; and upon payment of said license or occupation tax the Comptroller-General shall furnish to said corporation a certificate or duplicate receipt for each agent in the several counties of this State that the corporation tax herein provided for has been paid. Payment of tax. (2) The payment of this tax shall not be construed so as to relieve a corporation or its agents of any other license or occupation tax whatever. Provided, that this and Paragraphs 43 and 44 of this section shall not apply to insurance companies, or to sewing-machine companies, which are separately taxed by other provisions of this Act. Provided further, that all returns by corporations, resident or non-resident, must be made under oath; and when any corporation paying this license or occupation tax requires or demands more than two duplicate certificates for agents, then such corporation shall be required to pay an additional fee of $1.00 for each duplicate certificate or receipt over and above the first two mentioned. Provisoes. (3) Be it further enacted by the authority aforesaid that each foreign corporation doing business or owning property in this State shall on or before the first day of January in each year, make a report to the Comptroller-General, upon forms furnished by him, showing: Reports by foreign corporations. (a) The name of the corporation and under the law of what State or county organized. (b) The location of its principal office. (c) The names of the president, secretary, treasurer, and members of the board of directors, with the post-office address of each. (d) The date of the annual election of officers. (e) The amount of authorized capital stock, and the par value of each share.

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(f) The amount of capital stock subscribed, the amount of capital stock issued and the amount of paid-up capital stock, surplus, and undivided profits. (g) The nature and kind of business in which the company is engaged and its place or places of business, both within and without the State. (h) The name and location of its officers in the State, and the name and address of the officers or agents of the corporation in charge of its business in this State. (i) The value of the property owned and used by the company in this State, where situated, and the value of the property owned and used outside of this State and where situated. Provided, that in the case of a railroad company located partly in this State and partly in other States, it shall only be necessary for said railroad company to report its total main-track mileage in all States and its total main-track mileage in this State, and the tax assessable against it under this Act shall be upon that proportion of its capital stock and surplus as its main-track in this State bears to its total main-track mileage both within and without this State. (j) The volume of business done by the company in this State. (k) The volume of business done by the company outside of the State, and where said business is done. (l) The change or changes, if any, in the above particulars made since the last annual report. (m) A balance-sheet as of the last day of the last fiscal or calendar year. (n) Such report shall be signed and sworn to before an officer authorized to administer oaths, by

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the president, vice-president, secretary, treasurer, superintendent, or managing agent in the State, and forwarded to the Comptroller-General. (4) Be it further enacted by the authority aforesaid that in the event any corporation subject to the provisions hereof shall fail to make the reports herein required when required, said corporation shall by that fact become liable to ten per cent of the face value of said tax as added penalty, to be collected in the same manner as the tax itself, is collected; provided, however that the Comptroller-General shall have the authority to extend the time either for making said report or paying the tax, for good cause shown him. Failure to make report, penalty. Extension of time. Paragraph 46. Dance Halls and Dancing Instructors. Upon each person or persons operating public dance halls where dancing is permitted or taught for hire, $100.00 for each place of business. Dance halls. Paragraph 47A. Devices, Cane-Racks, Shooting Galleries, Machine Games, etc. Upon each person, firm, or corporation operating for gain any shooting gallery, or target range, or both, where firearms are used for firing at a target or targets; and upon each person, firm, or corporation operating for gain any table, stand, machine, or place for mechanical games not prohibited by law, and/or any rack or boots or devices for pitching or throwing at canes, knives, articles or other things of value, with rings or balls or other method; and upon each person, firm, or corporation operating for gain any machine or mechanical device for play or for distribution of prizes or tokens, or each such device, machine, or other arrangement, independent of or in connection with any other place of business, the sum of $50.00. Shooting galleries, target ranges, mechanical games and devices. Paragraph 47B. Bowling-Alleys, Ten-Pin Alleys, etc. Upon each person, firm, or corporation operating

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for gain any bowling-alley, ten-pin alley, box-ball alley, or any bed or device of like character, where not more than two such alleys, beds, or devices are used $25.00; where more than two but not more than five such alleys, beds, or devices are used, the sum of $50.00; and where more than five such alleys, beds, or devices are used, the additional sum of $15.00 for each additional alley, bed, or device over five. Provided that the total tax of any one operator of any of the above mentioned devices at the same place of business shall not exceed $300.00 per annum. Bowling and other alleys. Paragraph 48. Directories. Upon each person' firm, or corporation compiling a city directory or directories of any character, and selling or supplying the same on subscription, the sum of $25.00 for each county in which a directory is published. The above tax shall not be construed to apply to telephone companies issuing directories for use in the telephone exchanges. Directories. Paragraph 49. Dry Cleaning. Upon all persons, firms, or corporations, engaged in dry cleaning, in all towns and cities of this State, of not more than 3,500 inhabitants, a sum of $5.00 for each place of business; and in all towns and cities of this State having a population of more than 3,500 inhabitants, the sum of $25.00 for each place of business. Provided, that Dry Cleaning Agencies, or sub-stations, where no actual work is done, shall pay a tax of $10.00 for each such agency or sub-station. Dry cleaning. Paragraph 50. Electrical Contractors. Upon all electrical contractors, $25.00 for each county. The term electrical contractor as used in this paragraph shall be held to mean each person, firm, or corporation who shall engage in installing, repairing, and/or selling electrical wiring or equipment. Electrical contractors. Paragraph 51. Emigrant Agents. Upon each emigrant agent, and upon each employee of such agents, doing business in this State, $1,000.00 for each county

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in which such agents or employee may do or offer to do business. Provided, that no emigrant agent or employee shall take from this State, [Illegible Text] attempt to take from this State any person until after first giving a bond to be acceoted and approved by the Commissioner of Commerce and Labor, conditioned to pay any valid debt owing by said person to any citizen of this State. Emigrant agents. Bond. Paragraph 52. Employment Agencies. Upon all employment agencies or bureaus doing business in this State, $50.00 for each county. Employment agencies. Paragraph 53. Fire-Engines and Apparatus. Upon each dealer in fire-engines and apparatus or either of them, $200.00 for each place of business. Dealers in fire-engines and apparatus. Paragraph 54. Fish Dealers. Upon each person, firm, or corporation engaged in the business of packing or shipping oysters, shrimp, or fish, $50.00 for each county, provided, however, that the provisions of this Paragraph shall apply only to original shippers and/or packers. Fish dealers. Paragraph 55. Hotels, Tourist Camps. Upon every person, firm or corporation operating a hotel, or tourist camp, in counties of over 30,000 inhabitants, a tax of $1.00 for each sleeping room per annum, and in counties of less than 30,000 inhabitants, 50 cents per annum for each sleeping room. Hotels, tourist camps. Paragraph 56. Traveling Horse Traders or Traveling Live Stock Dealers. Upon each person, firm or corporation engaged in the business of Traveling Horse Traders or Traveling Live Stock Dealers the sum of $15.00 for each county in which they engage in said business. Traveling traders in horses, etc. Paragraph 56A. Upon each person, firm or corporation engaged in fortune telling, phrenology, clairvoyance, or other kindred practices, business or professions, where charge is made or donation accepted for

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such services, the sum of Two Hundred and Fifty ($250.00) Dollars to be collected by the Tax Collector in each county where such business is carried on or conducted, which tax shall be distributed as follows: (1) To the county where collected, $125.00 and (2) to the State $125.00. Provided, however, that nothing herein shall prevent any municipality by proper ordinance from prohibiting the practice of phrenology, clairvoyance or other like practices, within its limits. Fortune tellers, clairvoyants, etc. The foregoing tax shall not apply to the science of Palmistry and persons engaged in the giving of advice concerning vocational guidance when based solely on the study of the hand, who are taxed under the provisions of Section 56B of this Act. Exception. Paragraph 56B. Upon each person, firm or corporation engaged in palmistry or in the giving of advice concerning vocational guidance when based solely on the study of the hand the sum of $25.00, to be collected by the Tax Collector in each county where such business is carried on or conducted, which tax shall be distributed as follows: (1) To the county where collected, $12.50 and (2) to the State, $12.50. Provided however, that nothing herein shall prevent any municipality by proper ordinance from prohibiting the practice of palmistry. Paragraph 57. Ice Cream Dealers. Upon each person, firm, or corporation manufacturing ice cream or selling same at wholesale, in or near cities of more than 50,000 inhabitants, $100.00; in or near cities from 20,000 to 50,000 inhabitants, $75.00; in or near cities from 10,000 to 20,000 inhabitants, $50.00; and in or near cities of less than 10,000 inhabitants $10.00. Provided, that the word near, as used in this section, is defined to mean within a radius of three miles of the incorporate limits of cities in this section referred to. Ice cream dealers. Paragraph 58. Insurance Agents. Insurance agents. (a) Upon each and every local insurance agent,

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

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

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book or record and produce it on demand, the said dealer shall forfeit his license. Provided, the word near as used in this section, is defined to mean within a radius of three miles of the incorporate limits of the cities and towns referred to in this section. Junk dealers. Paragraph 60. Legerdermain and Sleight of Hand. Upon each exhibition of feats of legerdermain or sleight of hand, or other exhibition and entertainment of like kind, $25.00 in each county. Sleight of hand performers. Paragraph 61. Legislative Agents or Lobbyists. Each person registered under section 47-1002 as a legislative agent shall pay the sum of $250.00 for every person, firm, or corporation represented by said agent. This tax shall be paid to the Secretary of State when such person registers, and he shall not be allowed to register until the tax is paid. Legislative agents. Paragraph 62. Laundries. Upon each person, firm, or corporation operating a laundry or dyeing establishment, $100.00 if employing ten or more persons; $50.00 if employing five and not more than ten persons; $25.00 if not employing more than five persons. Provided, that where any person, firm, or corporation owns or operates more than one laundry this tax shall be paid for each such laundry, according to the scale of tax herein provided, that is to say, the tax shall be paid for the operation of each such laundry or dyeing establishment. Provided, further, that if each such person, firm, or corporation shall engage in any dry cleaning business he shall in addition to the tax provided in this paragraph, pay the tax provided for in paragraph 49 of this Act. The term laundries as used in this Section shall include persons, firms or corporations who own, supply, or lease and supply for hire, linens, towels, [Illegible Text], smocks, nurses' uniforms, barber coats of linens or cotton, or any of the same. Laundries, dyeing establishments. Provisoes. Dry cleaning. Laundries defined. Paragraph 63. Lighting Systems. Upon each person, firm or corporation selling, whether as manufacturer,

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agent, or dealer in any lighting systems, whether gas, gasoline, or electrical, $25.00 in each county. Lighting systems. Paragraph 64. Lightning Rods. Upon each person, firm or corporation who may contract for or engage in the business of fitting up or erecting lightning rods in this State, the sum of $10.00 for each county in which he may contract for, or erect, or put in place any lightning rod or rods upon any structure or building therein; and it shall be the duty of the Tax Collector to whom the tax is paid to issue the person paying such tax a license receipt showing such payment. When a license for erecting a certain brand or make of rod has been issued for a county, additional license for erecting the same brand or make shall be issued upon the payment of $5.00 each. Lightningrods. Paragraph 65. Live-stock Dealers. Upon each person, firm or corporation dealing in live stock, having a fixed place of business in or near cities of more than 50,000 inhabitants, $25.00; in or near cities of from 10,000 to 50,000 inhabitants, $15.00; in or near cities or towns of less than 10,000 inhabitants, $10.00; for each place of business. Provided, the word near as used in this Section is defined to mean within a radius of three miles of the incorporate limits of any town or city in said Section mentioned. Live-stock dealers. Paragraph 66. Manufacturers of wholesale or retail dealer and brokers in forest products, timber, lumber, etc. Timber dealers, etc. (1) Upon every person, firm or corporation engaged in manufacturing or dealing at wholesale or retail in lumber in any of its firms or classes, cooperage materials, veneer, handles, furniture, flooring cabinet work, boxes, wood-building material, shingles, lathe, crates and/or materials therefor made of wood, whether for themselves or as agents or brokers, in or near cities of 1,000 inhabitants and not more than 10,000, $10.00; in or near cities of more than 10,000 and not more than

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50,000 inhabitants, $50.00; in or near cities of more than 50,000 inhabitants, $100.00 for each place of business. Dealers and manufacturers of lumber building material, etc. (2) All sawmills, planing-mills, sash, door, blind, and/or millwork manufacturers, cooperage plants, handle, box and crate factories, veneer mills and plants, furniture factories, store and bank-fixture factories, cabinet works, manufacturers of box shooks, wood blanks or cuttings of any description, wood automobile parts, stairs, wood gold stocks and blanks, wood baseball bats and blanks, wood wagon and cart material, moulding or trim made of wood, and factories making bobbins, spools, spindles, or frames of wood or any other articles made principally of wood or lumber and in which the frame work or basic structure is wood or lumber, shall be considered as engaged in manufacturing as above defined. Where more than one of the above operations is carried on as a part of the same plant at the same location, but one tax shall be collected. Buying and/or selling any one or more of said products at wholesale and/or to any retail dealer therein or manufacturer thereof shall be considered as engaged in buying and/or selling at wholesale and/or retail (or dealing) in as a broker. Such dealer or manufacturer as herein defined shall be subject to the payment of tax provided under Section 1 of this paragraph. Provided the word near as used in this section is defined to mean a distance of three miles of the incorporate limit of the cities or towns in this paragraph referred to. Provided, however, that manufacturers whose principal business is manufacturing other commodities than lumber, but who use less than 10 per cent. of lumber in such manufacturing, shall not be taxable as manufacturers of, wholesale dealers and brokers in forest products, timber, lumber, etc., under this Act, and provided further that people who use lumber for packing and crating purposes only shall not be liable for the tax imposed herein.

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Paragraph 67. Machines (Store Cash Registers). Upon each manufacturer or wholesale or retail dealer in, or agent for the sale of, any cash or account register, $100.00 for each place of business in this State. Cash register or account register dealers. Paragraph 68. Machines (Weighing or Calculating.) Upon each manufacturer or wholesale or retail dealer in, or agent for the manufacturer of, any weighing scale or scales for calculating weight or prices of commodities, $25.00 for each place of business in this State. Provided, however, that the tax imposed by this paragraph shall not apply to dealers in scales used in homes for domestic purposes or on farms for the weighing of farm products. Scales, etc. Paragraph 69. Machines (Adding Machines). Upon every manufacturer of, or wholesale or retail dealer in, or agent for the sale of any adding or calculating machine, check-protector, and retailing for more than ten dollars, $25.00 for each place of business in counties of 20,000 population or under; $50.00 in counties of a population of over 20,000 and under 50,000; and $75.00 in counties of over 50,000, for each place of business in this State. Adding machines, etc. Paragraph 70. Machines (Typewriters). Upon every manufacturer of, or wholesale or retail dealer in, or agent for the sale of any typewriter or typewriting machine, $25.00 for each place of business in counties of 30,000 population or under; $50.00 in counties of over 30,000 population and under 50,000; $75.00 in counties of over 50,000; this tax to be paid for each place of business in the various counties of this State. Typewriters. Paragraph 71. Machines (Slot). (a) Upon every machine, punchboard, or other device, operated, used, or kept in this State, wherein is kept any article to be purchased by depositing therein or paid therefor any coin or thing of value, and for which may be had any article of merchandise whatsoever, where there is no

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chance incurred, by reason thereof, and where the deposit of coin or other thing of value does not exceed one cent per operation, $2.00 for each machine, punchboard, or other device for each county where kept, set up, used or operated. Slot machines, punchboards, etc. (b) Upon each slot-machine wherein may be seen any picture or music may be heard by depositing in said machine any coin or thing of value, and each weighing machine or scale, and every machine making stencils by use of contrivances operated by slot, wherein coin or other thing of value is to be deposited or used, the deposit of coin or thing of value not exceeding one cent per operation, $1.00 for each machine where kept, set up, used, or operated. On all other machines described in this paragraph, charging more than one cent per operation, $5.00 for each machine where kept, set up, used or operated. (c) Upon each minature pool table not exceeding 30x60 inches playing surface, $5.00 for each table where set up, used [Illegible Text] operated. Pool tables in excess of 30x60 inches playing surface shall be subject to the tax imposed by paragraph 19 of this Act. Miniature pool tables. (d) Upon each table, stand or machine used for playing games, not otherwise classified in this Act, a tax of $5.00 for each table, stand or machine, where set up, used, or operated. Games. (e) Upon each owner of mint and merchandise check vending machines, $25.00 for each machine, where set up, used or operated. Vending machines. Paragraph 72. Machinery and Equipment. Upon every manufacturer of reaping, mowing, binding or threshing machines, gas, electrical, or oil engines, agricultural machinery propelled by gas, and road-building machinery propelled by gas or oil, culverts, road-machines and road graders, selling or dealing in such machinery by itself or its agents in this State, and all wholesale and retail dealers in the above

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mentioned machinery, selling such machinery manufactured by companies that have not paid the tax thereon named, shall pay $100.00 annually to the Comptroller-General on the first of January of each year or at the time of commencement of business, same to be known as a license fee for the privilege of doing business in this State. All companies and others paying this license fee shall, at the time of payment, furnish the Comptroller-General with a list of all agents authorized to sell the aforesaid machinery of their manufacture, or under their control, and shall pay to said Comptroller-General the sum of $10.00 for each of said agents, for the fiscal year or fractional part thereof, for each county in which the said agents may do business. Upon payment of $10.00 the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before commencing business in this State all such agents shall be required to register their names with the Ordinaries of those counties in which they intend to do business, and shall exhibit to said ordinaries their license from the Comptroller-General; wholesale and retail dealers in the above-mentioned machinery shall be required to pay tax provided herein for manufacturers of the above machines sold by them, unless said manufacturers, have paid the tax required by this Act. All unsold machinery belonging to manufacturers, dealers, or other agents, or in their possession or the possession of others, shall be liable to seizure and sale for the payment of such fees, license, or tax. None of the provisions of this paragraph shall apply to licensed auctioneers selling second-hand machinery, or to officers of the law under legal process, or to merchants buying or selling said machinery on which a license tax has been paid as herein provided, and who keep the same and sell and deliver them from their place of business. Any person who shall violate the provisions of this paragraph shall be liable to prosecution for a

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misdemeanor, and on conviction shall be punished as prescribed in Section 27-2506, of the Code of 1933. Machinery. Registration and license. Exceptions. Penalty. Paragraph 73. Merry-Go-Rounds. Upon the owner, manager, keeper, or lessee of any merry-go-round or flying horse, or flying swings, or human roulettes, or scenic devices run by machinery, or of an elevated railway or scenic railway, similar contrivance kept for gain, either directly or indirectly, for each place of business in this State, and for each place where operated, in counties in which there is a city of 50,000 or more inhabitants, $50.00; in all counties in which there are cities between 10,000 and 50,000 inhabitants, $30.00; in counties having a city between 5,000 and 10,000 inhabitants, $20.00; in all other counties, $10.00. Merry-go-rounds, swings, scenic devices, elevated railway, etc. Paragraph 74. Monument Dealers. Upon each person, firm, or corporation selling monuments or tombstones, $25.00 in each county in which they shall have a place of business. Monument dealers. Paragraph 75. Upon every person, firm, or corporation operating a motor-bus or motor-buses for the transportation of passengers upon a regular or fixed route which is entirely or the greater portion of which is within the corporate limits of any town or city of this State, and which do not otherwise have an occupation tax laid upon them for State purposes, the sum of $25.00 for each such bus having a passenger carrying capacity of seven or less; and on each and every bus having a passenger carrying capacity of more than seven passengers the sum of $50.00 per annum; provided that the above shall not be construed to prohibit reasonable municipal taxation of such vehicles; and further provided, that such cities or towns in which such routes are located, and in which said motor buses taxed hereunder are operated, may levy taxes on such vehicles so operated and/or on the persons, firms, or corporations operating such motor

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buses and/or motor-vehicles; provided further that this section shall not apply to passenger buses or vehicles transporting school children exclusively. Motor-buses. Paragraph 76. Motorcycle Dealers. Upon every person, firm, or corporation selling or dealing in motorcycles or motor attachments for bicycles, whether in connection with the business of selling bicycles, whether in connection with the business of selling bicycles or automobiles or otherwise, $25.00 for each place of business. Motorcycle dealers. Paragraph 77. Moving Pictures. Upon each and every electric show or exhibition of moving pictures, or illustrated songs, except where given for educational purposes, for each place of business in or near cities or towns of less than 2,000 inhabitants, $2.00 per month; in or near cities or towns of from 2,000 to 5,000 inhabitants, $3.00 per month; in or near cities of from 5,000 to 10,000 inhabitants, $7.00 per month; in or near cities of from 10,000 to 25,000 inhabitants, $10.00 per month; in or near cities of from 25,000 to 50,000 inhabitants, $12.50 per month; in cities of 50,000 or more inhabitants, $25.00 per month, except in suburbs of cities of more than 50,000 inhabitants, where the tax shall be $12.50 per month. Provided, the word near as used in this paragraph is defined to mean within a radius of three miles of the incorporate limits of any such cities and/or towns in this paragraph referred to. Moving pictures, illustrated songs. Paragraph 78. Motion Picture Supply-Houses. Upon all motion picture supply houses, or film-distributing agencies, $100.00 for each place of business. Motion picture supplies. Paragraph 79. Musical instruments, Graphophones, Organs, Phonographs, Pianos, and Victrolas, Radios or Radio Supplies, Domestic Ice Machines. Upon each person, firm or corporation engaged in the business of selling or renting as agents or dealers, any of the above or similar instruments, in [Illegible Text] near cities of more than 50,000 inhabitants, $50.00; in or near cities of from 25,000

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to 50,000 inhabitants, $25.00; in or near cities of from 10,000 to 25,000 inhabitants, $12.50; in or near cities or towns of less than 10,000 inhabitants, $5.00 for each place of business. Provided the word near, as used in this section is defined to mean within a radius of three miles of the incorporate limits of said city or town referred to in this paragraph. Musical instruments, radios, domestic ice machines. Paragraph 80. News Dealers. Upon each person, firm, or corporation carrying on the business of selling books, magazines, papers, fruits, confections, or other merchandise on the railroad trains in this State, $250.00. No county or municipality shall have authority to levy any additional tax for the privilege of carrying on said business. Newsdealers on railroads. Paragraph 81. Packing Houses, Brokers, and Butcher Plants. Upon every Packing House, Butcher Plant, Broker, or Brokers, and upon every person, persons, firm or corporation acting as agent for any packing house or corporation dealing in packing house products or goods, doing business in this State, for each place of business in each county having a city situated therein with a population of 30,000 or more, $300.00; for each place of business in each county with a population of from 15,000 to 30,000, $150.00; for each place of business in each county with a population of from 5,000 to 15,000, $50.00; for each place of business in each county with a population of less thatn 5,000, $25.00. Packing houses, butcher plants. Paragraph 82. Patent Rights. Upon each person, firm or corporation selling patent rights in Georgia, the sum of $50.00 for each county in which said business is carried on. Patent rights. Paragraph 82A. Upon each person, firm or corporation in cities having a population of 40,000 or more inhabitants carrying on the business of selling papers, fruits, drinks or other articles of merchandise in baseball parks, $100.00 Selling in baseball parks.

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Paragraph 83. Pawnbrokers. Upon each person, firm or corporation carrying on the business of pawnbrokers for each place of business in this State, $250.00. If any pawnbroker shall sell, or offer for sale, or expose in his place of business any pistol or rifle cartridges, dirk, bowie-knife, or metal knucks, whether sold as unredeemed pledges or otherwise, he shall also be held subject to and required to pay the license tax required of the dealers in such articles by paragraph 86 of this section of this Act. Pawnbrokers. Paragraph 84. Pictures and Picture-Frames. Upon every person, firm or corporation who, in person or through its agents, sells and delivers photographs or pictures of any character, or picture-frames, whether they make charge for such frames or not, $15.00 in each county in which this business is done. Provided, this shall not apply to regular merchants dealing in such goods at their usual place of business. Picture and picture-frame dealers. Exception. Paragraph 85. Pistols. Upon each and every dealer in pistols, or who deals in pistol cartridges or rifle cartridges, dirks, bowie-knives, or metal knucks, for each place of business in this State, in or near towns or cities of 2,500 population, or less $15.00; in or near cities of over 2,500 population, and less than 10,000, $25.00; in or near cities of 10,000 population or less than 50,000, $50.00; in or near cities of 50,000 and above population, $100.00. Dealers in weapons. Provided further that no person shall be exempted from payment of this tax. Provided further that the word near as used in this Section or paragraph shall be and is defined to mean within a radius of three miles of the incorporated limits of said town or city referred to in this Section. (a) Upon each and every dealer in rifle and rifle cartridges and gun shells for each place of business in this State in cities of over 200,000 inhabitants, $20.00; in cities from 75,000 to 200,000, $15.00; in cities of from

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40,000 to 75,000, $10.00; in towns and cities under 40,000, $5.00; provided that any dealer located within a radius of three miles of the incorporate limits of any of said towns or cities shall take the same rate of taxation as the town or city located nearest said dealer. Provided, that as to the sale of gun shells solely, the tax on persons, firms, or corporations in towns of 3,500 or under the tax shall be $1.00. Paragraph 86. Playing-Cards. Upon each dealer in playing cards, $5.00 for each place of business. Playing-cards. Paragraph 87. Photographs. Upon every photographer and similar artist carrying on the business of making pictures, $10.00 in each county. Photographers. Paragraph 88. Pressing-Clubs and Pressing and Cleaning Businesses. Upon each person, firm or corporation operating a pressing-club, and/or upon each person, firm or corporation engaging in the business of pressing and sponge cleaning clothes, $5.00 for each place of business. Provided, that if each such person, firm or corporation, shall engage in any drycleaning business, he shall, in addition, pay the sum provided for in Paragraph 49 hereof. Pressing and cleaning. Paragraph 89. Practitioners (Itinerant). Upon every itinerant doctor, dentist, optician, optometrist, veterinary surgeon, osteopath, chiropractor or specialist of any kind, doing business in this State, $25.00 for each county in which they may practice or do business. Provided, that if any one of said itinerant specialists shall peddle or sell drug, medicine, remedy, appliance, spectacles, glasses or other goods in connection with the practice of his profession, he or they shall be subject to the tax required of peddlers, or traveling vendors of patent or proprietary medicine, nostrums, etc., by Paragraph 84 of this Act, $50.00 in each county where they may offer to sell such articles. Provided further, that the provisions of this Paragraph shall not apply to persons

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whose fixed place of business is in any county of this State, and who have paid the professional tax required by Paragraph 3 of this Act. Itinerant doctors, dentists, etc. Paragraph 90. Rinks (Skating). Upon the owner, manager, keeper, or lessee of any skating-rink in this State, where any fee or charge is made for admission, for the use of skates or skating, in counties having a population of more than 100,000, the sum of $100.00; in counties having a population of 50,000 and not over 100,000, the sum of $50.00; in counties having a population less than 50,000, the sum of $25.00 for each place of business. Skatingrinks. Paragraph 91. Salary and Wage Buyers. Upon each person, firm or corporation or partnership buying salary or wage accounts or lending money upon the same, $250.00 for each office or place of business maintained. Salary and wage buyers. Paragraph 92. Safes and Vaults. Upon each person, firm or corporation or agents thereof, selling safes or vaults, or vault doors or other vault fixtures, $50.00 for each place of business. Safes, vaults. Paragraph 93. Sanitariums. Upon hospitals and sanitariums, or institutions of like character, whether incorporated or not, conducted for gain, in or near cities of more than 20,000 population, $100.00. In or near cities or towns of less than 20,000, $25.00. Provided, that the above tax shall not apply to public hospitals maintained by municipal corporations for charitable purposes only. Provided further, the word near as used in the above stated section, is defined to mean within a radius of five miles of the incorporate limits of the towns or cities of Paragraph referred to. Hospitals, sanitariums, etc. Paragraph 94. Shows (Dog and Pony). Upon each dog, pony or horse show, where the show is an exhibition of trained dogs, ponies, or horses and monkeys, or a combination of any of them, beneath a tent, canvas or enclosure, where an admission fee of fifteen cents or

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more is charged, the sum of $25.00 for each day it may exhibit; and upon such shows with an admission fee of less than fifteen cents, the sum of $15.00 for each day it may exhibit in this State. Dog and pony shows. Paragraph 95. Shows (Vaudeville). Upon each person, firm or corporation operating vaudeville shows which are given under tents or places other than regular licensed theaters, in or near cities or towns of less than 1,000 inhabitants, $2.50 per week; in or near cities or towns of 1,000 to 5,000 inhabitants, $5.00 per week; in or near cities or towns of 5,000 to 10,000 inhabitants, $7.50 per week; in or near cities or towns of 10,000 to 25,000 inhabitants, $10.00 per week; in or near cities or towns of 25,000 to 50,000 inhabitants, $20.00 per week; in or near cities or towns of more than 50,000 inhabitants, $50.00 per week. Provided, the word near as used in the foregoing Section is defined to mean within a radius of five miles of the incorporate limits of the towns and cities therein referred to. Vaudeville shows. Paragraph 96. Sprinklers (Automatic). Upon all automatic sprinkler companies, or agents therefor, the sum of $25.00 for each agency or place of business in each county. Automatic sprinklers. Paragraph 97. Soda-Fountains. Upon each person, firm or corporation running or operating soda-fountains in this State, having one draught arm or similar device used in drawing carbonated water, $5.00; and for each additional arm or device, $5.00. Soda-fountains. Paragraph 98. Soft-Drink Syrups. Upon all persons and companies carrying on, in this State, the business of manufacturing or selling, by wholesale or retail, or distributing from any depot, car, or warehouse or agency, any carbonated waters or syrups or other articles to be used in carbonated water, or intended to be mixed with or blended with carbonated water to be sold as soft drinks (not including imitations

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of beer, wine, whiskey, or other intoxicating liquor), as an occupation tax for the privilege of carrying on said business, an amount payable at the end of each quarter, equal to one half of one per cent, one half of the gross receipts from said business for said quarter in this State. Within three days from the end of each quarter of the calendar year each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts, with a detailed statement of the parties from whom said receipts are received. In case of a corporation, the return shall be made under oath by the president, if a resident of this State; and if the president is not such resident, by the officer or person in charge of the business of said corporation in this State. Upon failure of any person required by this paragraph to make such returns within ten days after the expiration of such quarter, he shall be guilty of a misdemeanor, and shall be liable to prosecution and be punished as now provided in cases of misdemeanor. Upon the making of such returns, the person or company liable to said tax shall pay the same to the Comptroller-General, and upon failure to pay the same the Comptroller-General shall issue an execution for said tax against the property of the person or company liable to said tax. If no returns are made or if the Comptroller-General believes said returns are false, the Comptroller-General shall ascertain the amount of said gross receipts from the best information in his power, and assess the tax accordingly, after giving the company or person liable to said tax at least five days' notice of the time of assessing said tax, and issue his execution accordingly against the person or corporation carrying on said business. Any person, company, or agent carrying on any kind of business specified in this paragraph, after failure to pay the tax herein levied for any preceding quarter during which he or it was liable to tax, shall be guilty of a misdemeanor. It is hereby enacted

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that all of said taxes received or collected under this paragraph shall be paid into the State Treasury. It is also enacted, that any person or company paying the tax herein levied shall be relieved of ny and all occupation tax or license fees to the State under existing laws on or for the kind of business specified in this paragraph. Provided, however, that said tax shall be collected upon said syrup or carbonated water only once, and shall be paid by the wholesale dealer in said syrup if sold within the confines of this State by such wholesale dealer; and if said syrup or carbonated water shall be purchased by the retail dealer without the limits of this State, and shall be shipped to a point within the limits of this State, the same shall be taxed in the hands of such retail dealer, and for the purpose of this tax the price for such syrup or carbonated water shall determine the receipts for the same. Soft-drinks Reports to comptroller-general. Penalty. Paragraph 99. Swimming-pools. Upon each and every person, firm or corporation operating a swimming pool where admission fees are charged, or upon persons, firms or corporations keeping and renting bathing-suits for hire, $20.00 in counties of over 50,000 population; and $10.00 in counties of under 50,000 population; upon persons, firms or corporations conducting or operating a bathing resort in or near the ocean and ocean and gulf front of this State, for hire, the sum of $100.00 in each county where such bathing resort is located. Provided, the word near as used in the above-stated section, is defined to mean within two miles of the shore of any ocean and/or gulf referred to in said section. Swimming pools. Paragraph 100. Toll-Bridges and Ferries. Upon all persons or corporations operating ferries, $15.00. Upon all persons or corporations operating toll bridges, $100.00, said tax to be paid to the Tax Collector of the county in which the bridges are situated. Provided that this tax shall not be required of any ferry or toll bridge the receipts from which do not

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amount to more than $500.00 per annum. And provided further that the provisions of this paragraph shall apply to line bridges as well as bridges wholly within the confines of this State. Toll-bridges, ferries. Paragraph 101. Trucks (Gasoline or Oil). Upon each person, firm or corporation selling oil or gasoline from a wagon or truck, $10.00 for each wagon or truck. Oil or gasoline trucks. Paragraph 102. Undertakers. Upon each person, firm or corporation whose business is that of burying the dead and charging for same, commonly known as undertakers, in or near the corporate or town limits of cities of more than 50,000 inhabitants, $200.00; in or near cities from 10,000 to 50,000 inhabitants, $100.00; in or near cities from 5,000 to 10,000 inhabitants, $50.00; in or near cities or towns of from 2,500 to 5,000 inhabitants, $20.00; in or near towns of less than 2,500 inhabitants, $10.00, for each place of business. Provided the word near, as used in the above stated section is defined to mean within three miles of the incorporate limit of any town or city referred to in said paragraph. Undertakers. Paragraph 103. Warehouses (Cotton). Upon each person, firm or corporation operating a warehouse or yard for the storage and handling of cotton for compensation, license tax is as follows: Where less than 5,000 bales are handled in one year, $10.00; where 5,000 to 10,000 bales are handled in one year, $25.00; where 10,000 to 20,000 bales are handled in one year, $50.00; where 20,000 to 30,000 bales are handled in one year, $100.00; where more than 30,000 bales are handled in one year, $200.00. Cotton warehouses. Paragraph 104. Warehouses (Merchandise, etc.) Upon each person, firm or corporation operating a warehouse or yard for storage of goods, wares, or merchandise and farm products other than cotton, and charging for the same, $25.00. Provided, that

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any warehouse that pays taxes as provided in Paragraph 103 of this Section shall not be subject to the tax required by this paragraph. Warehouses, yards for storage. Paragraph 105. Wood Dealers. Any person, firm or corporation dealing in wood shall pay a tax of $10.00 for each place of business. Wood dealers. Paragraph 106. Plumbing, heating, steam-fitting and tinning and roofing contractors. Upon every plumbing, heating, steam-fitting and tinning and roofing contractor, in counties having a city with a population over 50,000, the sum of $25.00; in counties having a city with a population less than 50,000 and over 15,000, the sum of $15.00; in counties having a city or town less than 15,000, the sum of $10.00. Plumbing contractors, etc. Paragraph 107. Malt Extract and Malt Products. Upon all persons and companies carrying on in this State the business of manufacturing or selling, by wholesale or retail, any and all malt syrups, as an occupation tax for the privilege of carrying on said business an amount payable at the end of each quarter, equal to five per cent. of the gross receipts from said business in this State. Within three days from the end of each quarter of the calendar year each person or company engaged in said kind of business shall make returns under oath to the Comptroller-General of this State, showing the amount of said gross receipts, with a detailed statement of the parties from whom said receipts are received. Provided further that this tax shall not apply to malt syrups not flavored with hops and sold by the manufacturers of said products to bakers in bake shops for use in the manufacture of bread, nor to malt syrups not flavored with hops and sold by manufacturers of said product to the operators of textile mills for use in the bleaching of cotton cloth; and provided further that said malt syrups shall not be additionally taxed under Paragraph 99, Section 2 of the Act approved August 25, 1927, Page 86, printed Act. Provided that the tax herein imposed shall not

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in any way affect license fee or tax imposed by the provisions of the Alcoholic Control Bill, the Beer Bill or Wine Bill should any or/and all of these bills become law when voted by the people on May 15, 1935. Malt extract, etc. Returns to comptroller-general. Provisoes. Paragraph 108. Peddlers of Fish and Sea Food. Upon each firm or individual engaged in peddling fish, oysters, shrimp or other sea food, $25.00 for each vehicle operated in each county in the State. Fish peddlers. Paragraph 109. Filling Stations. That each and every person, firm, association or corporation within this State retailing or wholesaling gasoline must pay a tax of $3.00 on each and every pump or filler used or in connection with the sale of gasoline. Each and every person, firm or corporation liable for the tax herein imposed shall pay the same to the Tax Collector of the county in which such pump or filler is located at the beginning of each fiscal year, and upon said payment so made the Tax Collector shall issue or cause to be issued to the said person, firm, association or corporation paying said tax a receipt for each pump or filler so taxed, which said receipt shall be at all time displayed in the filling station or place of business of the person or corporation paying said tax, showing the exact number of pumps or fillers the said person, firm, association or corporation is entitled to operate, for which said service said Tax Collectors shall receive a commission of ten (10%) per centum of amounts so collected. Filling stations. Paragraph 110. Automobile Financing. Upon every firm, person or corporation engaged in the business of automobile financing, handling notes or any evidence of debt pertaining to the purchase of automobiles, and the discounts of the purchase money notes thereof, a tax of $100.00 for each place of business. Automobile financing.

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Paragraph 111. Tax Adjusters. Upon each person, firm or corporation, who engages in the business of contracting with tax payers to adjust taxes on a commission basis, or percentage upon reductions obtained, the sum of $1,000.00 for each county where such contracts are made or solicited, however this shall not be construed to affect qualified practicing attorneys at law who do not solicit such contracts. Tax adjusters. Sec. 3. Dogs. All dogs are hereby made personal property and shall be returned and taxed as other property is returned and taxed, such tax to be enforced by levy and sale as other taxes are collected, and not to interfere with the imposition and collection of any municipal taxes on dogs, whether such dogs are owned by the tax payer, his wife or minor children. The tax required by this section shall be returned to the receiver of tax returns by the county of the residence of the person liable to such tax, and shall be entered by the receiver upon the digest of taxable property. Dogs. Sec. 4. Sewing-Machines. Upon every sewing machine dealer selling or dealing in sewing machines by itself or its agents in this State, and all wholesale and retail dealers in sewing machines, selling machines manufactured by companies that have not paid the tax herein, $400.00 for each fiscal year or fraction thereof, to be paid to the Comptroller-General at the time of commencement of business and said companies or dealers shall furnish the Comptroller-General with a list of agents authorized to sell machines of their manufacture or under their control and shall pay to said Comptroller-General the sum of $10.00 for each of said agents for the fiscal year or fractional part thereof, for each county in which said agents do business for said company. Upon the payment of said additional sum the Comptroller-General shall issue to each of said agents a certificate of authority to transact business in this State. Before doing business under this Act, all sewing machine

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agents shall be required to register their names with the Ordinaries of those counties in which they intend to operate and exhibit to said Ordinaries their license from the Comptroller-General, and to keep such license posted on their vehicles or at their places of business. Wholesale and retail dealers in sewing machines shall be required to pay the tax provided herein for each manufacturer of sewing machines sold by them except where the tax required by this Act has been paid by said manufacturer. All unsold sewing machines belonging to sewing machine companies, dealers, or their agents, in possession of said companies, dealers, their agents or others, shall be liable to seizure and sale for payment of such fees, license, or tax. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and on conviction shall be punished as prescribed in section 27-2506 of the Code of 1933. None of the provisions of this section shall apply to licensed auctioneers selling second hand sewing machines, or to officers of the law under legal process, or to merchants buying and selling machines on which a license tax has been paid as herein provided, and who keep the machines and sell and deliver them at their place of business, such sales not being on commission. Provided that if said merchant shall employ an agent or agents to deliver or sell the machines, the provisions of this Act shall apply to said agent or agents. Sewing-machines. Penalty. Agents. Sec.5. Taxes, how returned. Be it further enacted by the authority aforesaid that the tax provided for in Section 4 requires return made Comptroller-General in accordance with the law of Georgia. The tax required by Paragraphs 4 and 108 of Section 2 of this Act shall be returned to the receiver of tax returns in the county of the residence of the person liable to such tax, and shall be entered by the receiver upon the digest of taxable property. In the case of the tax imposed upon foreign corporations by

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Paragraph 44 of Section 2, and the tax imposed by Paragraph 72 upon manufacturers of machinery and implements, upon soft drink syrups by Paragraph 98, and upon carbonic acid gas by Paragraph 32, the return is required to be made and the tax paid to the Comptroller-General. The tax imposed by Paragraph 58 on Insurance Agents is required to be paid to the Insurance Commissioner. The tax imposed upon legislative agents by Paragraph 61 of Section 2 shall be paid to the Secretary of State when each person registers and he shall not be allowed to register until such tax is paid. All other taxes enumerated and set forth in Section 2 of this Act shall be returned and paid to the Tax Collector of the county where such vocations are carried on. Provided, however, that nothing in this section shall be construed as changing any other provision in this Act as to whom the tax shall be paid. Returns of taxes, how made. Sec. 6. Taxes, how paid. Be it further enacted by the authority aforesaid, that the taxes provided for in this Act shall be paid in full at January first, or when business begins, for the calendar year for which they are levied, and at January first annually thereafter; and, except where otherwise provided, said taxes shall be paid to the Tax Collectors of the counties where such vocations are carried on, at the time of commencing to do business. Before any person shall be authorized to open up or carry on said business, they shall go before the Ordinary of the county in which they propose to do business and register their names, the business they propose to engage in, the place where it is to be conducted and they shall then proceed to pay the tax to the collector, at or before time of commencing to do business as hereinbefore provided; and it shall be the duty of said Ordinary to immediately notify the Tax Collector of such registrations, and at the end of each quarter to furnish the Comptroller-General with a report of such special tax registration in his office. The Ordinary is hereby authorized to collect a fee of $1.00

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from such registrant. Any person failing to register with the Ordinary or, having registered, failing to pay the special tax as herein required, shall be guilty of a misdemeanor, and on conviction shall be fined not less than double the tax, or be imprisoned as prescribed by Section 27-2506 of the Code of 1933, or both, in the discretion of the court; one-half of said fine shall be applied to the payment of the tax and the other to the fund of fines and forfeitures for the use of the officers of the court. Provided, however, that in all counties of this State where the officers of the Superior Court, or City Court, are now or may hereafter be upon the salary basis, the other half of the fine shall be paid into the treasury of such counties and shall become the property of such counties. Tax payments. Sec. 7. Insurance Companies. Insurance companies. (1) Be it further enacted by the authority aforesaid, that all foreign and domestic insurance companies doing business in this State shall pay one and one-half (1%) per centum upon gross premiums received by them in this State for the year with no deduction for dividends, whether returned in cash or allowed in payment or reduction of premiums, or for additional insurance; nor shall any deduction be allowed for premium abatement of any kind or character, or for reinsurance, except companies doing business in Georgia, or for cash surrender values paid, or for losses or expenses of any kind said tax being imposed upon gross premiums without any deductions whatever except for premiums returned on change of rate and cancelled policies and on reinsurance as above provided. Provided, that local organization known as Farmers' Mutual Insurance Companies, operating in not more than four counties, shall not be subject to this tax. Provided, further, that mutual fire insurance companies chartered by this State, which require their members to make premium deposits to provide for losses and expenses,

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and which premium deposits are used wholly for the payment of losses and expenses and returned to the policy holders or held to pay losses and expenses and as reinsurance reserves, shall not be subject to this tax. (2) Every insurance company incorporated under the laws of this State, and doing business in the legal reserve plan, shall be required to return for taxation all of its real estate as other real estate is returned, and all of the personal property owned by it shall be ascertained in the following manner: From the total value of the assets held by the company, both real and personal, shall be deducted the assessed value of all real estate owned by the company in this State, the non-taxable funds deposited by the company with the State Treasurer and the amount of the reserve or net value of the policies required by law to be held by the company for its policy-holders; and which belong to such policy-holders; the remainder shall be the value of the personal property owned by and taxable against such companies. Tax returns by insurance companies. (3) That whenever any insurance company doing business in this State shall make it appear by proof to the Insurance Commissioner that one-fourth of the total assets are invested in any or all of the following securities or property, to-wit: Bonds of this State or of any county or municipality of this State, property situated in this State and taxable therein, loans secured by liens on real estate situated in this State, or policy loans by insurance policies issued by such company on lives of persons resident of this State, then the premium tax levied by the first paragraph of this section shall be abated or reduced to one per centum upon the gross receipts of such company: and if the amounts so invested by any such company shall be as much as three-fourths of the total assets of such company, then said premium tax shall be abated or reduced to one-fourth of one per centum upon such gross receipts of such company. Investments of insurance companies, reduction because of.

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Sec. 8. Manufacturing Companies. Be it further enacted by the authority aforesaid, that the president, superintendent or agent of all manufacturing and other companies, whether incorporated or not (other than railroad, telegraph, telephone, express, sleeping and palace car companies, and such other companies as are required to make return of the value of their franchise to the Comptroller-General under the provisions of the Act approved December 17th, 1902, entitled an Act to provide for and require the payment of taxes on franchises, and to provide the method for the return and payment of said taxes), and all persons and companies conducting business enterprises of every nature whatsoever, shall return for taxation at its true market value of all their real estate to the Tax Receiver of the county wherein said real estate is located. Provided, that if the real estate, upon which said manufacturing or other business enterprise of whatsoever nature is carried on, lies on or across the county line, or county lines, and in two or more counties, said real estate shall be returned to the Tax Receiver of the county wherein are located the main buildings, containing the machinery or most of the main buildings. Provided further, that all persons, companies, and corporations not excepted above, conducting any business enterprise upon realty not taxable in the county in which such persons reside or the office of the company or corporation is located, shall return for taxation their stock of merchandise, raw materials, machinery, live stock, and all other personalty employed in the operation of such business enterprises, together with the manufactured goods and all other property of such business enterprise and notes and accounts made and the money used in the prosecution of such business enterprises on hand at the time for the estimation of property for taxation, including all personalty of whatsoever kind connected with or used in such enterprises in any manner whatsoever, in the county in which is taxable the realty wherein

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such business enterprises are located or carried on. Provided further, that the agent in this State or any person, firm or corporation resident without this State, who shall have on hand and for sale, storage, or otherwise, as such agents, merchandise or other property, including money, notes, accounts, bonds, stocks, etc., shall return the same for taxation to the Tax Receiver of the county wherein the same may be taxed for State and county purposes as other property in this State is taxed. The word merchandise shall be held to include guano, commercial fertilizer save and except that all canal and slackwater navigation companies shall make through their respective executive officers or stockholders in possession of the same, returns to the Tax Receiver of each county in which the same is located, or through which the same shall pass in whole or in part, of the right-of-way, locks, and dams, toll-houses, structures and all other real estate owned by or used by the company or stockholders thereof. Provided, that this Act shall not make subject to taxation any property of canal or navigation companies which is not subject to taxation by the laws of this State now existing. The president of every manufacturing company in this State, and agent, general manager, or person in possession or charge of the business and property in this State of any non-resident persons, firm or corporation, shall be required to answer under oath, in addition to those provided by law, the following questions: Manufacturing companies. Tax returns. 1. What is the true market value of the real estate of the company you represent, including the building thereon? 2. What is the true market value of your machinery of every kind? 3. What is the true market value of the real estate not used in the conduct of the business of your company?

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4. What is the true market value of raw material on hand on the day fixed for return of property for taxation? 5. What is the true market value of manufactured goods or articles on hand on the day for the return of property for taxation, whether at your principal office or in the hands of agents, commission merchants, or others? 6. How much money did your company have on hand the day fixed for the return of property for taxation, whether within or without the State? 7. State separately the true market value of the notes, bonds, and other obligations for money or property of every kind on hand on the day fixed for the return of property for taxation. And such company shall be taxed upon its entire property so ascertained, and the Comptroller-General is authorized to frame and have propounded any other questions which in his judgment will produce a fuller return. Sec. 9. Railroads. Return, to Whom Made. Railroads. 1. Be it further enacted by the authority aforesaid, that all railroad companies, street and suburban railroads, or sleeping-car companies, or persons or companies operating railroads or street-railroads or suburban railroads or sleeping-cars in this State, all express companies, including railroad companies doing express, telephone, or telegraph business, all gas, water, electric light or power, hydro-electric power, steam heat, refrigerated air, dockage or cranage, canal, toll-road, toll-bridges, railroad equipment and navigation companies, person or persons doing a gas, water, electric light or power, hydro-electric power, steam heat, refrigerated air, dockage or cranage, canal, toll-road, toll-bridge, railroad equipment, or navigation business, through their president, general manager, owner, or agent having control of the company's offices in this State, shall be required to make annual tax returns of

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all property of said company located in this State to the Comptroller-General; and the laws now in force providing for the taxation of railroads in this State, shall be applicable to the assessment of taxes from said businesses as above stated. Provided, that small telephone companies, or person or persons doing a telephone business, whose capital stock or property is of less value than $5,000.00 shall be required to make returns to the Tax Receivers of the counties in which such property is located, instead of making returns to the Comptroller-General. 2. Sleeping-Car Companies. That each non-resident person or company whose sleeping-cars are run in this State shall be taxed as follows: Ascertain the whole number of miles of railroads over which sleeping-cars are run, and ascertain the entire value of all sleeping-cars of such person or company, then tax such sleeping-cars at the regular rate imposed upon the property in this State in the same proportion to the entire value of such sleeping-cars that the length of lines in this State over which such cars are run bear to the length of lines of all railroads over which such sleeping-cars are run. The returns shall be made to the Comptroller-General by the president, general agent, agents or person in control of such cars in this State. The Comptroller-General shall frame such questions as will elicit the information sought, and answer thereto shall be made under oath. If the officers above referred to in control of said sleeping cars shall fail or refuse to answer, under oath, the questions propounded, the Comptroller-General shall obtain the information from such sources as he may, and he shall assess a double tax on such sleeping-cars. If the taxes herein provided for are not paid, the Comptroller-General shall issue executions against the owners of such cars, which may be levied by the sheriffs of any county in this State upon the sleeping-car or cars of the owners, who have failed to pay the taxes. Sleeping-car companies. Returns

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3. Railroad Equipment Companies. Any person or persons, co-partnership, company or corporations wherever organized or incorporated, owning or leasing or furnishing or operating any kind of railroad cars except dining, buffet, chair, parlor, palace, or sleeping-cars, which cars are operated, or leased or hired to be operated, on any railroad in this State, shall be deemed an equipment company. Every equipment company, as herein defined, shall be required to make returns to the Comptroller-General and shall be taxed as follows: Ascertain the total number and the value of all cars of such equipment company, to total car-wheel mileage made by said cars in the United States, and the total car-wheel mileage in Georgia. Then tax such cars at the regular rate imposed upon property of this State in the same proportion to the entire value of such cars that the car-wheel mileage made in Georgia bears to the entire car-wheel mileage made of said cars in the United States. The returns shall be made to the Comptroller-General by the president, general manager, agent, or person in control of such cars; and the Comptroller-General shall frame questions as will elicit the information and answer thereto shall be made under oath. If the officers above referred to in control of said cars shall fail or refuse to answer under oath the questions propounded, the Comptroller-General shall obtain the information from such sources as he may and he shall assess a double tax on such cars. If the taxes herein provided are not paid, the Comptroller-General shall issue executions against said equipment company, which may be levied by the sheriff of any county in this State upon any car or cars owned, leased or operated by the company failing to pay the tax. Railroad equipment companies. Sec. 10. Railroad Returns and by Whom Made. Be it further enacted by the authority aforesaid, that the presidents of all railroad companies doing business in this State shall make returns to the Comptroller-General

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in the manner provided by law for the taxation of the property or the gross receipts or net income of such railroads, and shall pay the Comptroller-General the tax to which such property or gross receipts or net income may be subject according to the provisions of this Act and the laws not in force relating to the tax on railroads, and on failure to make returns or refusal to pay tax, said company shall be liable to all the penalties now provided by law, and the Comptroller-General is hereby required upon failure of such companies to make returns, or if made and not satisfactory to said officer, to proceed against such companies as provided in Section 27-2506 of the Code of 1933. Railroad returns. Sec. 11. Banks. Be it further enacted by the authority aforesaid, that no tax shall be assessed upon the capital of banks or banking associations organized under the authority of this State, or the United States, located within this State, but the shares of the stockholders of the banks or banking associations, whether resident or non-resident owners, shall be taxed in the county where the bank or banking associations are located, and not elsewhere, at their full market value, including surplus and undivided profits at the same rate provided in this Act for the taxation of other property in the hands of private individuals. Provided, that nothing in this section contained shall be construed to relieve such banks or banking associations from the tax on real estate held or owned by them but they shall return said real estate at its true market value in the county where located. Provided further, that where real estate is fully paid for, the value at which it is returned for taxation may be deducted from the market value of their shares; and if said real estate is not fully paid for, only the value at which the equity owned by them therein is returned for taxation shall be deducted from the market value of their shares. The bank or banking associations themselves shall make the re-

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turns of the property and the shares therein mentioned and pay the taxes herein provided. Branch banks shall be taxed on the value of the capital employed in their operation, in the counties, municipalities, and districts in which they are located, and the parent bank shall be relieved of taxation to the extent of the capital set aside for the exclusive use of such branches. Provided further, that banks and trust companies doing a general banking business shall not be required to pay any income tax. Branch banks. Trust companies. Sec. 12. Building and Loan Associations. Be it further enacted by the authority aforesaid, that mutual building and loan associations operating only in the county of their charter, and limiting their loans to members, shall not be assessed on their capital loaned to stockholders or members thereof. All other building and loan associations or other associations of like character shall be required to return to the Tax Receiver of the county where such associations are located, all real and personal property of every kind and character belonging to such associations, except the real property located in another county shall be returned to the Tax Receiver of the county. Building and loan associations. Sec. 13. Returns by Resident Agents. Be it further enacted by the authority aforesaid, that the president and principal agents of all incorporated companies herein mentioned, except such as are required to make returns to Tax Receivers of the counties, shall make returns to the Comptroller-General under the rules and regulations provided by law for such returns and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns by resident agents. Sec. 14. Be it further enacted by the authority aforesaid, that it shall be the duty of the sheriffs, their deputies, and the constables of this State to look

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carefully after the collection of all taxes that may be due the State of Georgia under this Act, or any other special taxes due the State of Georgia. It shall be the duty of all Tax Collectors and sheriffs and constables of this State to direct and see that all persons, firms or corporations violating this Act or any of the tax acts of this State be prosecuted for all violations of the tax laws; and every person convicted for a violation of this Act or any of the special tax laws of Georgia, upon the information of any citizen of this State, one-fourth of the fine imposed upon any person for violation of the tax laws shall by order of said court, be paid to such informant or prosecutor. Duty of sheriffs, etc. Informant's share of fine. Sec. 15. Be it further enacted, that wherever in any section or paragraph of this Act the words in towns or cities occur, the same shall be construed to mean within one mile of villages, towns, or cities, unless otherwise specified. Territory included in town or city. Sec. 16. Be it further enacted by the authority aforesaid, that should any of the taxes herein imposed remain due and unpaid for ninety (90) days from the due date thereof, then such person, firm or corporation shall be subject to and shall pay a penalty of ten (10%) per centum of the tax imposed. Penalty for default. Sec. 17. The Tax Collectors of the several counties of this State shall, for services rendered in collecting the special taxes which they are required under the general tax Act to collect, be paid ten per centum of the amount or amounts of said special taxes so collected by them; settlements of said taxes and commissions to be made with the Comptroller-General as now provided by law. Percentage for collecting tax. Sec. 18. There shall be added a sales tax of fifteen (15%) per centum of the retail price on all convict and/or prison made goods sold within the State of Georgia; and all of said goods shall have marked on each article of every character, in plain view, the words Convict Made. Sales tax on convict made goods.

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Sec. 19. Be it further enacted by the authority aforesaid, that in all applications to enjoin the collection of any tax imposed by this Act, the judge granting any temporary restraining order shall require the petitioner to give a good and sufficient bond payable to the Comptroller-General, double the amount of the tax sought to be enjoined, to be approved by the clerk of the Superior Court, to guarantee the payment of such tax in the event the petitioner's injunction should be finally denied. Bond by applicant for injunction. Sec. 20. Any person, firm or corporation which shall commence business on or after July first in any year, the business license or occupation tax for the remaining portion of said year shall be fifty (50%) per centum of the tax imposed and provided under this Act for the entire year. Payment for part of year. Sec. 21. All of the licenses, businesses, occupation taxes or other taxes imposed upon the provisions of this Act except as otherwise provided in the Act, shall be due and payable annually on January first in each year. In the event that any person, firm or corporation commences business on any date thereafter in any year, said tax shall be due and payable on the date of the commencement of such business. In addition to the remedy heretofore given the State for the collection of special occupation and license taxes due the State by persons following the occupation and failing and refusing to pay the tax or license, as well as for any taxes that may now be due the State as occupation or license tax, it is the duty of the officer charged with the collection of said tax or license, where the same is due, to issue an execution against such delinquent tax payer for the amount of said occupation or license tax. Time of payment. Executions against delinquents. Sec. 22. Be it further enacted that any person engaging in any occupation taxed by this Act who claims to be exempted from the payment of the taxes herein imposed, by virtue of the provisions of this Act or any other Act of this State, must first satisfy the State

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Revenue Commission that he is entitled to the exemptions claimed, and obtain from it a certificate of exemption before he shall be entitled to any exemption from any tax imposed by this Act. No person shall be exempt from any tax imposed who has more than one employee to assist in conducting such business. The holder of such a certificate of exemption shall not be excused thereby from registering with the Ordinary of each county wherein he does business or with the Comptroller-General as required by this Act, but on registering he shall exhibit said certificate of exemption to the Ordinary or the Comptroller-General. Any person who shall endeavor to escape the taxes imposed by this Act by virtue of a certificate of exemption obtained through fraud or by using a certificate of exemption to which he is not entitled shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 27-2506 of the Code of 1933. Claim of exemption. Sec. 23. 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 1. Any resident dealer in raw furs shall be required to pay an annual license fee of $10.00 and shall in addition thereto pay an annual agent's fee of $5.00 for each traveling agent or buyer employed by, or buying for said licensed state dealer. Provided that a person, firm or corporation to be entitled to a resident dealer's license must have been a resident of the State of Georgia for at least six months prior to the time of making said application. Said licenses shall be obtained from, and the money paid to, the Commissioner of Game and Fish in this State. Fur dealers. 2. A non-resident dealer shall be required to pay an annual license fee of $200.00 and such dealer shall pay an annual license fee of $5.00 for each agent, resident buyer or traveling buyer employed by or buying for or acting as an agent for such non-resident dealer.

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Provided that any non-resident who accompanies, consults, advises, finances, or associates any resident dealer, buyer or trapper in the examination, grading or purchasing of furs offered for sale in this State, shall be presumed to be a dealer and shall be required to obtain a non-resident dealer's license. Said licenses shall be obtained from, and the money paid to, the Commissioner of Game and Fish in this State. 3. Provided further that any person, firm or corporation who advertises (including through the United States mail), the sale of furs in this State shall be considered a dealer and provided that any person, firm or corporation who engages in the buying of furs for cash and re-sale or who employs agents or other parties to buy and sell for him is likewise considered a dealer. Dealers in furs, who included as. 4. That all money derived from the sale of all licenses set out in section 23 of this Act shall be set aside in a special fund by the Commissioner of Game and Fish to be used for the propagation and purchase of game birds, animals and fur bearing animals for restocking in the State. Use of proceeds of tax on fur dealers. 5. Any person, firm, or corporation violating any of the provisions of this Act shall be guilty of misdemeanor. Violation of act a misdemeanor. Sec. 24. Be it further enacted that the Clerk of the House be and he is hereby authorized to correctly number all sections, paragraphs and sub-paragraphs and/or sub-sections. Sec. 25. 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 28, 1935.

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MALT BEVERAGES; EXCISE AND LICENSE. No. 267. An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject 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 effective date of this Act the business of manufacturing, distributing, selling or otherwise dealing in malt beverages as hereinafter defined is a privilege under the laws of this State, and there are hereby imposed license and excise taxes as hereinafter specified, to be paid for the exercise of such privilege. Purpose of Act. Sec. 2. Be it further enacted by the authority aforesaid, that the provisions of this Act are severable, and if any part thereof shall be finally held unconstitutional the same shall not affect the remaining parts thereof. Provisions of Act declared severable. Sec. 3. Be it further enacted by the authority aforesaid that the State Revenue Commission of this State, hereinafter referred to as the Commission, shall enforce this Act and shall promulgate such regulations as it deems necessary for this purpose. Revenue Commission's duty to enforce Act and promulgate regulations. Sec. 4. Be it further enacted by the authority aforesaid, that malt beverages shall be defined to mean fermented beverages made whole or in part from malt, or any similar fermented beverage. But no such malt beverages shall be sold under the provisions of this Act which contain more than six (6%) per cent of alcohol by volume. Brewers are persons who manufacture malt beverages. Wholesale Dealers are persons other than brewers who sell malt beverages to retail dealers or for the purpose of resale only. Retail Dealers are persons other than wholesale dealers or brewers who sell malt beverages irrespective of the quantities

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sold. The word person means an individual, firm, partnership, association, corporation or other group of persons acting as a unit. Definitions: malt beverages; not to contain more than 6% alcohol by volume. Brewers, wholesale dealers, retail dealers, person, defined. Sec. 5. Be it further enacted by the authority aforesaid, that there is hereby imposed upon the business of selling malt bevereges an excise tax in the sum of One Dollar and Twenty-Five Cents ($1.25) for every container sold as hereinafter specified containing not more than thirty-one (31) gallons, and at a like rate for other quantities or fractional parts; provided there shall be no excise tax on sales of malt bevereges sold to persons outside of this State for resale or consumption outside of this State. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State License Tax or Registration Fees: Amounts of excise taxes. Exemption as to sales for resale or consumption outside this State. For brewers, one thousand dollars ($1,000.00). For wholesale dealers five hundred dollars ($500.00). For retail dealers ten dollars ($10.00). Said fees shall be paid on each place of business operated and shall be payable to the State Revenue Commission immediately upon such brewer, wholesale dealer or retail dealer entering business, and on the first day of January thereafter. Provided that if such tax payer enters business after January first the fee shall be prorated on a monthly basis. Payment on entering business; prorating. Sec. 6. Be it further enacted by the authority aforesaid, that (1) Within fifteen (15) days after the close of each month brewers shall file with the Commission duplicate invoices of their sales of malt bevereges during the preceding month subject to tax hereunder, and at such time shall pay the Commission the amount of tax specified on such sales. Filling monthly reports of sales. (2) Wholesale dealers shall, within fifteen (15) days after the close of each month, file with the Commission reports of their purchases of malt bevereges from persons other than brewers or wholesale dealers licensed by this State,

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and shall file duplicate invoices of their sales of such malt bevereges within this State as have been purchased from persons other than from brewers or wholesale dealers licensed by this State, and shall at such time pay to the Commission the amount of tax specified on such sales. There shall be no additional tax due on sales by wholesalers in the case of malt beverages purchased from brewers or wholesale dealers licensed by this State. (3) Retail dealers who purchase malt beverages from persons other than brewers or wholesale dealers licensed by this State shall, within fifteen (15) days after the close of each month, file with the Commission reports of such purchases and of their sales of such malt beverages as have been purchased from persons other than brewers or wholesale dealers licensed by this State, and at the same time pay to the Commission the amount of tax specified on such sales. There shall be no additional tax due on sales by retail dealers of malt beverages purchased from wholesale dealers or brewers licensed by this State. (3-a) If any brewer, wholesale dealer or retail dealer shall fail to file a report as required by paragraphs one, two or three of this Section, or files a false or incomplete report, the State Revenue Commission shall enter a report or return for such delinquent from the best information available and shall add to the tax assessed as a part of the tax twenty-five (25) per cent of the gross tax fixed by the Commission and the delinquent shall be notified by mail within ten days of the entering of the return. The amount of the tax thus determined shall become fixed and collectible after the expiration of five days after such notice is mailed, and shall be prima facie correct unless changed or corrected by order of the Commission. Every such brewer, wholesale dealer or retail dealer shall keep and preserve a proper record of all malt liquors manufactured, purchased and sold by him with such other records as the Commission may prescribe, which records shall be kept for a period of three years before being destroyed and shall at all times be open to inspection by the Commission, or any authorized agent

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or employee thereof, and such records shall be kept for a period of three years from the date of such purchase or sale. Records of business. Any person, firm or corporation, and each and every officer, employee and agent thereof, who shall continue in the business herein described without making the report to the State Revenue Commission, as herein required, shall be guilty of a misdemeanor. Failure to report, misdemeanor. The State Revenue Commission shall have power and authority to revoke or cancel any license or permit issued under this Act for wilful failure or refusal to file the reports herein required. Revocation of license, etc. (4) Before any brewer licensed by this State shall sell malt beverages in this State and before any wholesale dealer licensed by this State, or any other retail dealer, shall sell such beverages in this State purchased from a person other than a brewer or wholesale dealer licensed by this State, such persons shall file with the Commission a fidelity bond in the amount of five thousand ($5,000) dollars conditioned to pay to said Commission such taxes as shall thereafter become due from such persons under this Act. Said bond shall have as surety a reputable bonding company approved for this purpose by the Commission. Cash or securities of the United States or of any State thereof, or of any subdivision of this State, provided such securities are not in default, may be accepted in lieu of such bond; provided that in the event said bond or cash or securities at any time ceases to be in force for the full amount herein specified, the person filing same shall not be entitled to any privileges under this Act until same is restored to effect for the full amount herein specified. Fidelity bond. Sec. 7. That if any business allowed under the provisions of this Act is proposed to be carried on within the corporate limits of a municipality, the applicant for license shall pay to the proper authority, to be designated by the governing body of such municipality, such annual license fee as may be fixed by the said governing body, which license shall apply to and be required for each brewery or

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place of manufacture and also for each place of wholesale and retail distribution; and it is further provided that when any of the above described businesses are licensed by municipal authority, that no county license fee shall be required by county authority. However, upon any of the above designated businesses located outside a municipality, the governing authority of such county, in which any of the said businesses are located, is authorized to fix an annual license fee. The license fee so fixed shall apply to and be required for each brewery or place of manufacture and for each place of wholesale and also for each place of retail distribution outside of the municipality and/or including towns or cities. Municipal licenses. County licenses. Sec. 8. Be it further enacted by the authority aforesaid, that the following shall be offenses in this State, each punishable by a fine of not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars, or imprisonment for not more than twelve (12) months, either or both within the discretion of the Court: Penalties. (1) Manufacturing or selling of wholesale malt beverages without having secured a license to engage in such business as specified in this Act. (2) In the case of brewers, failing to report to the State Revenue Commission on all sales of malt beverages made in this State as specified in this Act. (3) Failing to report to the State Revenue Commission all purchases for the purpose of resale in this State, and sales of malt beverages purchased from persons other than brewers or wholesale dealers licensed by this State as specified in this Act. (4) Failing to pay any tax imposed by this Act at the time specified. (5) Carrying on the business of a brewer without having filed a bond as hereinabove provided, or in the case of wholesale dealers and retail dealers, selling in this State malt beverages purchased from persons other than brewers or

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wholesale dealers licensed by this State, without having field a bond as provided by this Act. (6) Evading or violating or conspiring with others to evade or violate any provision of this Act. (7) Violating any rule of the State Revenue Commission promulgated within the scope of this Act. Sec. 9. Be it further enacted by the authority aforesaid, that persons who shall be delinquent in the payment of license taxes hereinabove provided for shall in addition to criminal liability therefor, be liable for interest and for a penalty of double the amount of such taxes within the discretion of the Commission. Persons who sell malt beverages under the terms of this Act without paying the excise taxes hereinabove provided for shall, in the discretion of the Commission, be subject to interest upon such taxes at the rate of one per cent (1%), for each month from the time of delinquency, in addition to the criminal liability hereinabove provided for. Fi. fas. may issue for the collection of license and excise taxes hereinabove provided for, and such taxes may be collected in any other manner provided by law for the collection of license and excise taxes. Sec. 10. Be it further enacted by the authority aforesaid, that funds derived from this Act shall be apportioned as follows: An amount not to exceed three per centum (3%) of the revenue annually shall be paid to the State Revenue Commission for enforcing this Act; the remainder shall be set apart and devoted for the support of the common schools of the State, and used for the purpose of furnishing free text books to the children attending common schools, and it is hereby declared such purpose to be for and in support of common schools. Application of funds: 3% for enforcement of Act; remainder for common schools, free text books. Sec. 11. Be it further enacted by the authority aforesaid, that any report made to the Commission as specified in this Act shall be made under oath and under such regulations as the Commission shall prescribe. Reports to be under oath.

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Sec. 12. Be it further enacted that the Act of the General Assembly of Georgia of 1915, Extraordinary Session, page 77, entitled An Act to make clear or more certain the laws of Georgia heretofore enacted for the prohibiting of the manufacture of spirituous, vinous and intoxicating liquors and privileges, etc., and for other purposes, approved November 17, 1915, is amended by striking Clauses 3, 4, 5 and 6, Section 1 of said Act, which clauses are hereby repealed. In lieu thereof there shall be the following clause to be known as Clause (3): Nothing in this Act shall apply to fermented beverages made from malt, in whole or in part, or any similar beverages. Laws amended. Sec. 13. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia of 1915, Extraordinary Session, page 105, entitled, An Act to promote temperance and to suppress the evils of intemperance, and for other purposes, approved November 15, 1917, is amended by adding the following Section to be known as Section (5), and renumbering the present Section 5 to be known as Section (6), said new Section (5) to read as follows: Nothing in this Act shall prohibit the advertisement or solicitation of orders for, or otherwise dealing in, beverages made from malt, in whole or in part, or any similar beverages. Advertising or solicitation of orders, not prohibited, when. Sec. 14. Be it further enacted by the authority aforesaid, that the Act of the General Assembly of Georgia of 1907, page 81, approved August 6th, 1907, entitled, An Act to prohibit the manufacture, sale, barter, giving away to induce trade, etc., of any alcoholic, spirituous, malt or intoxicating liquor, etc., and for other purposes, is amended by adding a new Section to be known as Section (4) thereof, and renumbering the present Section 4, to be known as Section (5). Said new Section (4) shall read: Provided that nothing in this Act shall apply to fermented beverages made from malt, in whole or in part, or any similar beverages. Act of 1907 amended; new section added.

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Sec. 15. Be it further enacted by the authority aforesaid, that this Act shall be effective from the date of its approval by the Governor. Act effective when. Sec. 15A. The privilege of manufacturing, distributing and selling by wholesale or retail of beverages provided in this Act is purely a privilege and no business legalized by this Act shall be conducted in any county or incorporated municipality of this State without a permit from the governing authority of such county or municipality, which said authority is hereby given discretionary powers as to the granting or refusal of such permits. Discretion as to grant of permits. Sec. 15B. No alcoholic beverage of any kind shall be sold upon any school ground or college campus, nor within 100 yards of such ground or campus. Violation of this paragraph shall be a misdemeanor. Sale on school or college grounds, a misdemeanor. Sec. 16. Provided that nothing herein contained shall prohibit the municipalities of this State from levying any business license taxes on brewers, wholesalers or retail dealers of beverages covered in this Act, subject to the limitations herein fixed for retail dealers. Municipal taxes. Sec. 17. Any person who violates the provisions of this Act, and all officers, directors, partners and employees of any corporation, partnership or firm that violates any of the provisions of this Act, shall be guilty of a misdemeanor and punishable as such, unless otherwise provided herein. Violation of Act, a misdemeanor. Sec. 18. Be it further enacted, That a special election is hereby called to be held in every county of this State on Wednesday, May 15th, 1935, under the same rules and regulations as apply to elections for members of the General Assembly. The voters' list used in such election shall be the registered voters list used in the last general election. At such special election, there shall be submitted to the registered and qualified voters of this State, qualified to vote at the last general election, the ratification or rejection of this Act. The ballots shall have written or printed thereon the words, For Adoption Beer License Act, and the words, Against Adoption Beer License Act. Those desiring

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to vote in favor of the ratification of this Act shall strike out the words, Against Adoption Beer License Act, and those desiring to vote against the ratification of this Act, shall strike out the words, For Adoption Beer License Act. The returns of said election shall be certified to the Secretary of State within three (3) days after said election, and the Secretary of State shall immediately certify the number of votes For Adoption Beer License Act, and the number of votes, Against Adoption Beer License Act, to the Governor. If a majority of those voting at said election vote For Adoption Beer License Act, the State voting as a whole, the Governor shall, by proclamation, declare this Act ratified by the people of the State of Georgia, and the Act shall thereupon, become effective. If the State shall vote Against Adoption Beer License Act, this Act shall, thereupon, become null, void and ineffectual. Referendum, May 15, 1935. Sec. 19. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with any terms or provisions of this Act, be and the same are hereby repealed. Approved March 23, 1935. OLEOMARGARINE; EXCISE TAX. NO. 208. An Act providing for an excise tax on all oleomargarine containing any fat and/or oil ingredient other than any of the following fats and/or oils, namely: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cottonseed oil, soya bean oil, or milk fat; providing for the placing of stamps evidencing payment of said tax, and providing offences, fines and punishment, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there is hereby imposed an excise tax of ten cents per pound on all oleomargarine sold, offered or exposed for sale, or exchanged in the State of Georgia, containing

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any fat and/or oil ingredient other than any of the following fats and/or oils: Oleo oil from cattle, oleo stock from cattle, oleo stearine from cattle, neutral lard from hogs, peanut oil, pecan oils, corn oil, cotton seed oil, soya bean oil or milk fat. Such excise tax shall be in the form of a stamp in such denominations as will best carry out the provisions of the law. Said stamps shall be properly safeguarded as to their manufacture, preservation and distribution and shall be in the charge of the State Department of Agriculture. Oleomargarine stamp tax. Department of Agriculture to enforce Act. Sec. 2. That the State Department of Agriculture is hereby empowered to promulgate such rules and regulations as are consistent with the provisions of this Act. Power to promulgate rules, etc. Sec. 3. Any person violating any of the provisions of this Act, or any of the rules or regulations promulgated by the State Department of Agriculture for the purpose of carrying out its provisions, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five ($25.00) dollars nor more than two hundred ($200.00) dollars, or by confinement in any county jail not to exceed two months, or by both such fine and imprisonment. Penalty for violating Act. Sec. 4. Proceeds of sales of stamps hereunder shall be paid into the general fund of the State. There is hereby appropriated from the general fund of the State the sum of one thousand ($1,000.00) dollars, which shall be available upon order of the State Department of Agriculture to pay the cost of printing the necessary stamps provided for in this Act. Proceeds of stamp sales. Appropriation for printing. Sec. 5. This Act shall take effect upon its approval by the Governor. Effective on approval. Sec. 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 21, 1935.

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RENT AND ROYALTY COLLECTORS; LICENSE. NO. 216. An Act to impose and fix a license of one thousand dollars on each person collecting rents or fees on copyrighted music, and radio programs, in each county in Georgia. 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 each person, as agent for another, or as a representative of another in any capacity, collecting, or attempting to collect, or receiving money or other valuable consideration, for rights, royalty, rents or fees on copyrighted music, recorded music for mechanical reproduction, or radio programs shall be required to pay the sum of one thousand dollars to the county tax-collector, or tax-commissioner, in each county of this STate where such collections or attempt to collect is made. $1,000 license for collecting rents, etc., on copyrighted music and radio programs. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be repealed, and the same are hereby repealed. Approved March 21, 1935.

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TITLE III. CODE OF 1933CODE AMENDMENTS. ACTS. Code of 1933 Adopted. Accountants; State Board (84-201 et seq). Actions in Tort; Survival (3-505). Adjutant-General's Duties (86-501). Agricultural Commissioner's Term (5-103). Automobile Dealers' Tax (92-1501, 92-1502). Banking Law Amended (13-901). Bank Stockholders' Liability (13-1901). Bank; State Depositories (100-101). Bonds of State Depositories (100-108). Certificates of Birth and Death (88-1212). Commissioner of Commerce and Labor; Term of Office (54-107). Corporate Charters at Chambers (22-308). County Property; Conveyance of Title (91-602). County Warrants; Interest Rate (23-1608). Covenants Running with Land (29-301). Credit Union Examination Fees (25-122). Criminal Bailiffs in Certain Counties (24-3202, note). Criminal Procedure; Trials; Waivers (27-704). Election Ballots in Certain Counties (34-1903, 34-1904, 34-1905). Election Hours in Certain Counties (34-1302). Evidence; Competency of Witnesses (38-1606). General Assembly Member's Eligibility (89-102). Income Taxes (92-3102 et seq). Income-Tax Refund Appropriations (92-3309). Insurance Agents' Licenses (56-508 et seq). Insurance Carriers' Permits (114-610). Insurance Companies' Deposits (56-301). Jury Commissioner's Ineligibility (59-101). Lights for Vehicles Required (68-302) Military Service Pay (86-903 et seq). Motor Vehicles; License and Registration (68-211). Obscene Pictures, etc.; Penalty (26-6301, 26-6302). Road Duty Law Repealed (95-802). Roads; Expense of Right of Way (95-1721). Sessions of Supreme Court and Court of Appeals (24-3801). Veterans' Licenses (84-2011). Veterinarian's Office Abolished, etc. (62-901, 62-903). CODE OF 1933 ADOPTED. NO. 19. An Act to adopt and make of force the Code of Laws of the State of Georgia known as the Code of Georgia of 1933, as approved by the Code Commission appointed pursuant to a joint resolution approved August 27, 1929, and as provided for by an Act approved March 24, 1933, and as made effective by proclamation of the Governor as of and upon January 1, 1935; and for other purposes.

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Be it by the General Assembly of Georgia: Section 1. That the Code of Laws of the State of Georgia, which was prepared under the direction of Code Commission created by joint resolution approved August 27, 1929, and composed of Honorable S. Price Gilbert, Associate Justice of the Supreme Court, Honorable Nash R. Broyles, Chief Judge of the Court of Appeals, Honorable George W. Stevens, Reporter of the Supreme Court, the Speaker of the House of Representatives, and the President of the Senate, and which was approved by said Commission after it was so prepared, and which was published and became effective January 1, 1935, by proclamation of the Governor, entered pursuant to the Act approved March 24, 1933, and which is known and described as the Code of Georgia of 1933, be and the same is hereby adopted and made of force as the Code of Georgia, having the force and effect of statues enacted by the General Assembly of this State. Said Code shall be known as the Code of Georgia of 1933. Adoption of Code. Sec. 2. That all laws and parts of laws in conflict with this Act, except those enacted since January 1, 1935, be and the same are hereby repealed. Approved February 14, 1935. ACCOUNTANTS; STATE BOARD. NO. 337. An Act to amend Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, by providing for a State Board of Accountancy, and defining its powers and duties; by prescribing the qualifications for certified public accountants; by providing for the issuance of certificates to such accountants, and for revoking or cancelling the same; by providing for the payment of annual registration fees; by providing penalties for violations of said chapter, and to amend said Title 84, Chapter 84-99, Section 84-9902 of said Code of Georgia of 1933; by providing penalties for

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the violations of said Title as amended; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Title 84 (Professions, Businesses and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, be and the same is hereby amended by striking Section 84-201 (Certified Public Accountant Defined) of said chapter and inserting in lieu thereof a new section to be numbered section 84-201, and to read as follows: Public accountants. Code, 84-201 stricken; new section. 84-201. The State Board of Accountancy shall consist of five members to be appointed by the Governor for a term of three years, four of whom shall be certified public accountants, three of whom have been practicing as such in the State of Georgia, under certificates issued by this State, for at least four years. One member of said board shall be a practicing attorney at law. The members of the Board of Examiners for public accountancy, in office on April 1, 1935, shall continue in office for the remainder of their respective unexpired terms as members of the State Board of Accountancy. The remaining members of the State Board of Accountancy shall be appointed as of April 1, 1935. No member of said board shall serve as such for more than two consecutive terms. Any member of the Board may be removed by the Governor for misconduct, incompetency, or neglect of duty. Vacancies shall be filled by appointment by the Governor for the unexpired term. The members of the Board shall receive $7.00 for each day of actual attendance upon meetings of the Board, and actual traveling expenses. Board of Accountancy; 5 members; terms; qualifications. Removal of members; vacancies. Pay of members; traveling expenses. Sec. 2. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants), section 84-202 (Who May Use Title), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said section 84-202 and inserting in lieu thereof a new section to be numbered section 84-202, and to read as follows: Code, 84-202 stricken; new section.

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Section 84-202. Said State Board of Accountancy is charged with the duty of administering and enforcing this law, and shall have the power to make and promulgate rules and regulations not inconsistent with this law; to have and use a seal, compel the attendance of witnesses, take testimony and receive proofs concerning all matters within its jurisdiction; and any members thereof may administer oaths to such witnesses. The Board or any member thereof designated by the Board, may confer with similar boards of other states, or attend meetings for the purpose of obtaining information for the advancement of the profession and the standards thereof. Powers of Board. Sec. 3. That Title 84 (Professions, Businesses and Trades), Chapter 84-2 (Accountants), Section 84-203 (State Board of Examiners of Public Accountants; appointment, terms of office, qualifications. Examinations and fees therefor), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said section 84-203 and inserting in liey thereof new section to be numbered section 84-203, and to read as follows: Code, 84-203 stricken; new section. 84-203. The Board shall annually elect one of its accountant members as chairman. It shall provide for the preservation of all applications, and of a record of its proceedings, and for the maintenance of a register of persons applying for and/or receiving certificates under this chapter, which register shall contain the names and addresses of all such persons. Any official record of the Board, or a certified copy thereof, certified by the Joint-Secretary under the seal of the Board, shall be admissible in evidence in any court in this State without further proof. Annual election of chairman of Board. Records. Sec. 4. That Title 84 (Professions, Businesses, and Trades,) Chapter 84-2 (Accountants), Section 84-204 (Revocation of Certificate; Grounds; Notice; Hearing), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said section 84-204 and inserting in lieu thereof a new section to be numbered section 84-204 and to read as follows: Code, 84-204, stricken; new section.

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84-204. A majority of the board shall constitute a quorum. Three days notice of any meeting shall be given by the Chairman of the Joint-Secretary, but meetings may be held without such notice if all members are present. The Board shall meet at least twice in each year for the purpose of conducting examinations and shall publish notice of the time and place of such meetings at least three consecutive days in daily newspapers published in three different cities in this State, at least thirty days before the date of any such meeting. The board may require applicants to appear personally for oral examination, and may require the production of such documentary evidence as the board may deem necessary to establish the qualifications of the applicant. Meetings of Board; quorum. Notice of examinations. Sec. 5. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, be and the same is hereby amended by adding to said chapter a new section to be numbered section 84-205, and to read as follows: New section: 84-205. 84-205. Each applicant shall pay with his application a fee of $25.00. The application shall be on a form provided by the board. The fee shall entitle the applicant to the examination, and if found qualified, and certified, to a registration card, which shall expire on December 31, of the year in which same is issued. Each certified public accountant shall annually renew his registration card by the payment of a fee of $5.00 and complying with such regulations as may be prescribed by the board, not inconsistent with this act. All fees and moneys received by the board shall be paid to the State Treasury as otherwise provided by law, and same are hereby allocated to said Board, for the purpose of paying the expenses of the Board and the expense incurred in the administration of this Law. Applications; fee of $25.00. Annual fee of $5.00. Funds allocated to Board. Sec. 6. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, be and the same is hereby amended by

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adding a new section to be numbered 84-206, and to read as follows: New section: 84-206. 84-206. The Board shall annually, in January of each year, prepare a printed register, containing a copy of this act, and an alphabetical list of the names, certificate numbers, business connections, and addresses of all certified public accountants to whom registration cards have been issued for that year. Copies of such register shall be mailed to the clerk of the superior court of each county, to each bank in the State, to each certified public accountant, and to such other persons as the board may deem necessary. Registration. Copies of register to be mailed. Sec. 7. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants), of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-207, and to read as follows: New section: 84-207. 84-207. Applicants for certificates as certified public accountants must be citizens of the United States and residents of this State, over the age of twenty-one years, and of good moral character. They must have completed at least a four year high school course, or have received the equivalent in commercial experience in accounting prior to the date of application, the value of any such experience to be determined by the board. Such applicants must have had at least three years continuous experience in public accounting immediately preceding the date of issuance of certificate. The board may, in its discretion, accept four years continuous practice or employment as a revenue agent in the Internal Revenue Department of the United States in the examination of income tax returns, or four years continuous employment by this State in the examination of financial records, in lieu of two years experience in public accounting; and may accept evidence of sufficient technical education in accounting in lieu of one year of public accounting experience, the sufficiency of any such education to be determined by the board. The board may waive the requirement

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of two years continuous experience in public accounting if the applicant has had five years of practical experience in public accounting and the last year of such experience immediately preceded the issuance of the certificate. Qualifications of applicants. Sec. 8. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-208, and to read as follows: New section: 84-208. 84-208. The board shall conduct exminations of all applicants for certification as certified public accountants and shall propound to such applicants questions in writing, or orally, as the board may deem advisable, which will demonstrate the knowledge of such applicant of theory of accounts and practical accounting, auditing, commercial law, or any other related subject which the board may deem it proper to examine such applicant. If such applicant satisfactorily passes such examination, and complies with this law and the rules and regulations of the board, he shall be certified by the board as a certified public accountant. Examinations of applicants. Sec. 9. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-209, and to read as follows: New section: 84-209. 84-209. The board may in its discretion, without examination, issue certificates as certified public accountants to applicants who hold valid and unrevoked certificates as certified public accountants issued by another state, or political subdivision of the United States, or by or under authority of a foreign country; provided such applicant complies with this law, and the rules of the board, and the certificate held by him was issued after an examination which in the judgment of the board was the equivalent of the standard established by it. Provided

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further, that such privileges are extended by the state, political subdivision, or foreign country, originally certifying such applicant to citizens of this State. Issuance of certificates. Comity. Sec. 10. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-210, and to read as follows: New section: 84-210. 84-210. Any certificate or registration card issued by the board may be revoked and cancelled, or suspended for a definite period, after a hearing, for any violation of this chapter, or in the event the holder of such certificate or registration card is convicted of an offense involving moral turpitude, or for any other cause which the board may deem sufficient. Before any such certificate or registration card may be revoked or suspended the board shall give written notice to the holder thereof of the charges brought against him which may be preferred by any citizen of this state, or brought by the Board of its own motion. Such notice shall be mailed to the holder of such certificate or registration card thirty days before the date fixed for hearing thereon. The Attorney General, or an assistant designated by him, shall represent the board and the interests of the public. The defendant shall have the right to be represented by counsel. If the board shall find that the charges against such applicant have been sustained it shall enter an order revoking or suspending such certificate of registration card as herein provided. Such order shall become effective at the end of thirty days from the date thereof, unless the defendant shall, within said thirty days, present a petition for certiorari to a Judge of the Superior Court of Fulton County and procure an order of sanction thereon. In the event of filing and sanction of such petition for certiorari such cause shall be reviewed in the Superior Court of Fulton County as other proceedings by certiorari. The defendant shall give bond as required by law for payment of the cost. Revocation of certificate. Notice of charge. Counsel. Certiorari.

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Sec. 11. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-211, and to read as follows: New section: 84-211. 84-211. The holder of a valid and unrevoked certificate as a certified public accountant, or its equivalent, issued under the authority of any state or political sub-division of the state, or any foreign country, who is not a resident of the State of Georgia, may practice accountancy in this state by registering with the board on or before January 1, of each year, and paying a fee of $10.00. Upon the payment of such fee the board shall issue a certificate of such registration, provided that this fee shall not be assessed against residents of states not assessing residents of this State. Registration, yearly. Fee of $10.00. Sec. 12. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-212, and to read as follows: New section: 84-212. 84-212. Any person who has received from the board a certificate as herein provided for shall be known as a Certified Public Accountant and shall be authorized to practice as such, and to use such title, or the abbreviation `C. P. A.' in so doing. Authority to practice and use title. Sec. 13. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-213, and to read as follows: New section: 84-213. 84-213. It shall be unlawful: For any person other than a certified public accountant, certified and registered as provided by this act, to practice as a certified public accountant, or hold himself out as, or assume to practice as a certified public accountant, or use the term Certified Public Accountant, or the abbreviation C. P. A.,

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or otherwise employ any designation, as a member of a firm or otherwise, calculated to deceive the public or convey the impression that such person is a certified public accountant; For any member of a firm or association to announce or state in writing or printing, by advertisement or otherwise, that such firm is practicing as Certified Public Accountants unless all members of the firm are holders of valid and unrevoked certificates and are certified public accountants within the meaning of this law; For any person to practice as a certified public accountant if his certificate has been revoked, or during any suspension thereof, or without renewing his registration card annually, as provided by this chapter; For any person to buy, sell, give or obtain a certificate as a certified public accountant in any manner other than that provided by this act, or to practice or attempt to practice under any such certificate obtained other than that provided for in this act; For any certified public accountant to knowingly certify to any false or fraudulent report, certificate, exhibit, schedule or statement. Unlawful practice. Sec. 14. That Title 84 (Professions, Businesses, and Trades), Chapter 84-2 (Accountants) of the Code of Georgia of 1933, be and the same is hereby amended by adding a new section to be numbered 84-214, and to read as follows: New section: 84-214. 84-214. This chapter shall not be construed to invalidate any certificates granted under the Accountancy Act of August 17, 1908, but such certificates shall have the same status as those issued under this act, provided that the holders of such certificates shall annually renew same as herein provided for. Nor shall this chapter invalidate any credits heretofore granted to applicant for certificates under said Act of August 17, 1908. Renewal of certificates issued under former law. Sec. 15. That Title 84, Chapter 84-99 (Crimes), Section 84-9902 (Certified Public Accountant Practicing As), of the Code of Georgia of 1933, be and the same is hereby amended by striking the words Section 84-201 in the third line thereof and substituting in lieu thereof the

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words Chapter 84-2, and adding at the end thereof the following: Any person who shall violate any other provision of Chapter 84-2 of this Title shall be guilty of a misdemeanor, and shall on conviction be punished as provided by law, so that Section 84-99 as amended shall read as follows: Amendment as to penalty. 84-99. If any person shall hold himself out as having received a certificate provided for in Chapter 84-2 on the subject of Certified Public Accountant, or shall assume to practice thereunder as a Certified Public Accountant, or use the initials C. P. A. without having received such certificate, or if the same shall have been revoked he shall be guilty of a misdemeanor, and shall be sentenced to pay not exceeding $500.00 or less then $200.00. Any person who shall violate any other provision of Chapter 84-2 of this Title shall be guilty of a misdemeanor, and shall on conviction be punished as provided by law. Sec. 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. ACTIONS IN TORT; SURVIVAL. NO. 307. An Act to amend title three, chapter 3-5, Section 3-505 of the Code of Georgia 1933 which provides for the survival of actions in tort, by providing for the survival of right of action and causes of action in tort in case of the death of the wrongdoer; providing that there shall be no punitive damages, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That title 3, chapter 3-5, section 3-505 of the Code of Georgia of 1933 which provides for the survival of actions in tort, be and the same is, hereby, amended by adding thereto and at the end of said present section the

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following provision: However, in the event of the death of the wrongdoer before suit shall have been brought against him, the personal representative of such wrongdoer shall be subject to suit just as the wrongdoer himself would have been during his life. So that said Section 3-505, of Chapter 3-5, Title 3, as amended, will read as follows: Code, 3-505 amended. 3-505 (4421). Action for tort not to abate by death of either partyNo action for a tort shall abate at the death of either party, where the wrongdoer received any benefit from the tort complained of; nor shall any action for the recovery of damages for homicide, injury to person, or injury to property abate by the death of either party; but such cause of action, in case of the death of the plantiff, shall, in the event there is no right of survivorship in any other person, survive to the personal representative of the deceased plantiff, and in case of the death of the defendant, shall survive against said defendant's personal representative. However, in the event of the death of the wrongdoer before suit shall have been brought against him, the personal representative of such wrongdoer shall be subject to suit just as the wrongdoer himself would have been during his life; providing that there shall be no punitive damages. To read as amended. Sec. 2. That all laws and parts of laws in conflict with this law are hereby repealed. Approved March 28, 1935. ADJUTANT-GENERAL'S DUTIES. NO. 93. An Act repealing Code section of the Code of 1933, 86-501 (Acts 1916, page 165), and substituting a new section therefor to be known by the same number; to define the duties of the Adjutant-General of this State; to define how such duties and any additional duties performed by said Act may be performed; to allow him to perform any other duties that may be allowed or prescribed by law; to provide for assistants and employees, and to define the

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duties of the same; to provide for a report to be made to the Governor of the condition of the National Guard; with a roster of all commissioned officers; to provide for the compensation of the Adjutant-General and to provide for additional compensation if other duties are performed; to provide for a bond of such officer, 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 Code section 86-501 of the Code of Georgia of 1933 (Acts 1916, page 165) reading as follows: The Adjutant-General shall be at the head of the Military Department and subordinate only to the Governor in matters pertaining to said department. He shall give his whole time and attention to the office and shall receive a salary of $3,000.00 per annum. He shall perform such duties as pertain to the office of Adjutant-General, as from time to time may be provided by the laws, rules, and regulations for the Government of the United States Army, and such duties as may be designated by the Governor. He shall have such commissioned assistants and employees as in the discretion of the Governor may be necessary; and they shall be selected and employed by the Adjutant-General and perform such duties as may be required of them. He shall be the custodian of all military records, and shall keep them filed, indexed and available for ready reference. He shall keep an itemized account of all moneys received and disbursed from all sources, and shall make an annual report to the Governor on the condition of the National Guard with a roster of all commissioned officers, and such other matters relating to the militia as he may deem expedient. The Governor, may in his discretion, require the Adjutant-General to give bond to the State in such amount as may be fixed by regulation, with two personal securities or one corporate security, to be approved by the Governor conditioned faithfully to discharge the duties of his office; be and the same is hereby repealed and the following section shall be substituted in lieu thereof, to have the same number in said Code of

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1933 as the section quoted, and the same place in the Acts of 1916 referred to: Code. 86-501, amended. 86-501. The Adjutant-General: Dties, bond, compensation and assistants. The Adjutant-General shall be the head of the Military Department and subordinate only to the Governor in matters pertaining to said Department, for such services as he shall perform as the head of the Military Department of this State; he shall receive a salary of three thousand dollars ($3,000.00) per annum, and after his appointment shall reside in Fulton County and be available at all hours for emergency duties. His rent and subsistence shall not exceed sixty dollars ($60.00) monthly; this in addition to an automobile allowance not exceeding seventy-five dollars ($75.00) per month, in the discretion of the Governor. The same not to affect mileage as now allowed, or existing laws with reference to the ownership of automobiles; both of said maximum amounts for above mentioned items to be paid monthly out of the regular appropriations of said Department. He shall perform such duties as pertain to the office of Adjutant-General as from time to time may be provided by the laws, rules and regulations for the Government of the United States Army, and such duties as may be designated by the Governor. He shall have such commissioned assistants and employees as in the discretion of the Governor may be necessary; and they shall be selected and employed by the Adjutant-General and perform such duties as may be required of them. He shall be the custodian of all military records and shall keep them filed, indexed and available for ready reference. He shall keep an itemized account of all moneys received and disbursed from all sources, and shall make an annual report to the Governor on the condition of the National Guard, with a roster of all commissioned officers, and such other matters relating to the militia as he may deem expedient. The Governor may, in his discretion, require the Adjutant-General to give bond to the State in such an amount as may be fixed by regulation, with two personal securities or one corporate security, to be approved by the

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Governor, conditioned faithfully to discharge the duties of his office. To read as amended. Adjutant-General's duties. Salary $3,000. Extra pay. Assistants, employees, in discretion of Governor. Custodian of military records. Accounts, reports. Bond. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1935. AGRICULTURAL COMMISSIONER'S TERM. No. 8. An Act to amend Title 5 (Agriculture), Part 1 (Department of Agriculture; Bureau of Markets, State Warehouse Department), Chapter 5-1 (In General), section 5-103 (Term of Commissioner; vacancy in office) of the Code of Georgia of 1933 by fixing the term of office of the Commissioner of Agriculture at four years; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Title 5 (Agriculture), Part 1 (Department of Agriculture; Bureau of Markets, State Warehouse Department), Chapter 5-1 (In General), section 5-103 (Term of Commissioner; vacancy in office) of the Code of Georgia of 1933 be and the same is hereby amended by striking the word two in the second line thereof and inserting the word four; so that said section 5-103 as amended shall read as follows: Code, 5-103, amended. 5-103. Term of Commissioner; vacancy in office. The term of office of the Commissioner of Agriculture shall be for four years or until his successor is elected and qualified, unless removed in manner now prescribed by law for the removal of officers of the State Government. In case of a vacancy in the office of the Commissioner of Agriculture, such vacancy shall be filled by appointment by the Governor, which appointee shall hold the office until his successor is elected and qualified. Term of four years for Commissioner of Agriculture.

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Sec. 2. This Act shall not affect the present term of the present Commissioner of Agriculture but his successor elected at the general election of 1936 shall hold office for four years as provided by said section of the Code as herein amended. Present term not affected. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1935. AUTOMOBILE DEALERS' TAX. NO. 277. An Act to amend an Act approved August 25th, 1927, as amended and approved August 29th, 1929, and on March 31st, 1931, known as the general tax Act, by amending section 92-1501, Automobile and Truck Dealers, and section 92-1502, Used-Car Dealers, as codified in the Georgia Code of 1933, by providing a lower and different tax on dealers, distributors, or solicitors, not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from said city limits: 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 25th, 1927 as amended and approved August 29th, 1929 and on March 31st, 1931, known as the General Tax Act be amended by inserting in section 92-1501 of the Code of 1933, immediately after the words in each county with a population exceeding 150,000, $275.00. the words: Provided, however, that the tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits, shall be $25.00, so that said section as amended shall read as follows: Code, 92-1502, amended, as to cities of 200,000 or more, etc.

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Automobiles or Trucks: Upon every agent of, upon every dealer in, and upon every person soliciting orders for retail sale of automobiles or trucks, not including wholesale dealers or distributors soliciting or canvassing for local dealers, the sum set out below viz: In each county with a population of less than 20,000, $25.00; in each county with a population between 20,000 and 30,000, $55.00; in each county with a population between 30,000 and 50,000, $85.00; in each county with a population between 50,000 and 75,000, $110.00; in each county with a population between 75,000 and 100,000, $165.00; in each county with a population between 100,000 and 150,000, $220.00; in each county with a population exceeding 150,000, $275.00; provided, however, that the tax on any such dealer, distributor or solicitor not including wholesale dealers and distributors, located in a county having a city of 200,000 inhabitants or more, and at a distance of fifteen miles or more from said city limits shall be $25.00. Provided that such tax shall be required only in the county where the principal business is located of any one agent, dealer or person soliciting orders, and/or the county in which deliveries are made. Provided further, however, that nothing in this Act shall conflict with the provisions fixing license upon exclusive dealers in used cars. Such dealer, agent, or solicitor selling or offering for sale automobiles or trucks at retail shall be required to pay one license fee only; so as to provide that all persons soliciting orders, or selling automobiles or trucks at retail shall pay a license to become a dealer or agent, and such license shall entitle such dealer to sell any makes of new or second hand automobiles or trucks, and shall entitle said dealers to operate in connection with said business, a service station in said county in which said license is paid; any dealer having paid such tax to be allowed any number of employees for the purpose of selling cars. The service station under this paragraph includes work done only on the makes of cars sold by the dealer under this tax, within the county wherein such tax has been paid. Tax on automobiles and trucks in cities of 200,000 inhabitants or more, etc., $25.00. Be it further enacted that section 92-1502 Used Car Dealers as codified in the Code of 1933, be amended by adding

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immediately after said paragraph the following: Provided, however, that the tax on such person, firm or corporation located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from such city limits shall be $25.00. So that said section as amended shall read as follows: Used Cars. Upon every person, firm or corporation dealing exclusively in used automobiles or trucks, or secondhand automobiles or trucks, the following sums, viz: In each county with a population of less than 20,000, $25.00; in each county with a population of over 20,000 and not over 50,000, $50.00; in each county with a population exceeding 50,000, $100.00; provided, however, that the tax on such person, firm or corporation located in a county having a city of 200,000 inhabitants or more and at a distance of fifteen miles or more from such city limits shall be $25.00. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this measure be and the same are hereby repealed. Approved March 23, 1935. BANKING LAW AMENDED. NO. 98. An Act to amend the banking law as codified in title 13, section 13-901, paragraph 3, of the Code of 1933, relating to the incorporation of banks, by striking the figures 6,000 in the third and fifth lines of said paragraph and inserting in lieu thereof the figures 7,500; by striking the following: Provided, this section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same in the fifth, sixth and seventh lines thereof, and by providing that banks may be chartered in towns with populations not exceeding 2,500 where no chartered banks are now located, with a minimum capital of not less than $15,000 for a period

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of one year from date of passage of this Act. Provided also that banks now operating in towns with populations of less than 2,500 with capitals of $25,000 or more, may, within a period of one year from the date of the passage of this Act, reduce their capital stock to $15,000 by amending their charter. Be it enacted by the General Assembly of Georgia, as follows: Section 1. That section 13-901, paragraph 3 of the Code of 1933, relating to the incorporation of banks and the capital stock required, be and the same is hereby amended by striking the figures 6,000 in the third and fifth lines of said paragraph, and inserting in lieu thereof the figures 7,500; by striking the following: Provided, this section shall not apply to banks whose capital stock is now fixed, so they shall not be required to increase the same in the fifth, sixth, and seventh lines of said paragraph, and by adding at the end of said paragraph, the following: Provided further that banks may be chartered for a period of one year after the passage of this Act in towns, the population of which does not exceed 2,500 according to the last preceding census of the United States, in which no chartered banks are now located, with a minimum capital of not less than $15,000. Provided also that any bank now located in a town whose population does not exceed 2,500 according to the last preceding census of the United States, and having a capital of $25,000 or more, may, within a period of one year from the date of passage of this Act, reduce their capital to $15,000 by amending their charter. So that said paragraph as amended shall read as follows: Code, 13-901, amended. 3. The amount of its capital stock which shall not be less than $25,000 where located in a town or city whose population does not exceed 7,500 according to the last preceding census of the United States, and not less than $50,000 where located in a city or town whose population exceeds 7,500 according to said census: Provided further that banks may be chartered for a period of one year after the passage of this Act in towns, the population of

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which does not exceed 2,500 according to the last preceding census of the United States, in which no chartered banks are now located, with a minimum capital of not less than $15,000. Provided also that any bank now located in a town whose population does not exceed 2,500 according to the last preceding census of the United States, and having a capital of $25,000 last preceding census of the United States, and having a capital of $25,000 or more, may, within a period of one year from the date of passage of this Act, reduce their capital to $15,000 by amending their charter. Sec. 2. This Act shall take effect from and after its passage and approval by the Governor. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1935. BANK STOCKHOLDERS' LIABILITY. NO. 130. An Act to amend section 13-1901 of the Code of Georgia of 1933, which imposes liability upon the stockholders of banks to depositors of such banks in an amount equal to the face value of their shares, and to strike section 13-822, which provides the method of assessing and enforcing such liability, and by providing that the liability of such stockholders shall be limited to the balance remaining unpaid on their shares of stock, and providing for executions therefor, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 13-1901 of the Code of Georgia of 1933, which fixes the extent of the liability of stockholders of banks, be, and the same is hereby, amended by striking all of said section after the word stock in the fifth line thereof, and inserting in lieu thereof the following: Upon taking charge of any bank for liquidation, the Superintendent

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shall make a careful estimate of the value of the cash assets of said bank which can probably be converted into cash within one year, and made available to pay the creditors of said bank, and he shall give notice by mail to each and every stockholder requesting the payment of any balance remaining unpaid on his or her shares of stock, and if any stockholder so notified shall refuse or neglect to pay any such balance within thirty days after such notice by the Superintendent, he shall issue an execution against such stockholder for the amount of the balance remaining unpaid on his or her shares of stock which shall be enforced in like manner as executions issued by the Superior Courts upon judgments regularly rendered by said Courts. So that said section as amended shall read as follows: Code, 13-1901, amended. Estimate as to assets of insolvent bank, notice to stockholders, issuance of executions, etc. 13-1901. Extent of stockholders' liability.A bank incorporated under this title shall be responsible to its creditors to the extent of its capital and its assets; and each stockholder shall be individually liable for all the debts of said bank to the extent of the balance remaining unpaid on his or her shares of stock. Upon taking charge of any bank for liquidation, the Superintendent shall make a careful estimate of the value of the cash assets of said bank which can probably be converted into cash within one year, and made available to pay the creditors of said bank, and he shall give notice by mail to each and every stockholder requesting the payment of any balance remaining unpaid on his or her shares of stock, and if any stockholder so notified shall refuse or neglect to pay any such balance within thirty days after such notice by the Superintendent, he shall issue an execution against such stockholder for the amount of the balance remaining unpaid on his or her shares of stock which shall be enforced in like manner as executions issued by the Superior Courts upon judgments regularly rendered by said Courts. Section as amended. Sec. 2. That section 13-822 of the Code of Georgia of 1933, which provides the method of assessing stockholders of banks, be, and the same is hereby stricken. 13-822 stricken.

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Sec. 3. This Act shall become effective from and after its passage, and approval by the Governor, but shall not affect banks or the liability of the stockholders of banks which have, before the approval of this Act, been taken over by the Superintendent of Banks of liquidation pursuant to title 13 of the Code of Georgia of 1933. Banks and stockholders not affected. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. BANKS; STATE DEPOSITORIES. NO. 99. An Act to amend section 1249 of the Code of Georgia of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts amendatory thereof, so as to add certain cities and towns to the list of such towns and cities. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 1249 of volume 1 of the Code of 1910, providing for the selection by the Governor of banks in certain cities and towns therein named as State depositories, and the several Acts amendatory thereof, be and the same are hereby amended so as to include and add the following cities and towns in the State of Georgia, to the list of such cities and towns: Abbeville, Adairsville, Austell, Barwick, Bowdon, Buena Vista, Chatsworth, Chick-amauga, Clarkesville, Clayton, Commerce, Danielsville, Dudley, Eatonton, Eton, Grantville, Gray, Harlem, Hiawassee, Hinesville, Hoschton, Lithonia, Locust Grove, Milan, Nahunta, Newton, Oglethorpe, Pelham, Pitts, Roberta, Sharon, Social Circle, Toomsboro, Trion, Union Point, Villa Rica, Wadley, West Point, Zebulon. See Code 1933. 100-101. State Depositories.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1935. BONDS OF STATE DEPOSITORIES. NO. 182. An Act to amend section 100-108 of the Civil Code of 1933, relating to bonds to be given by State Depositories so as to authorize a depository to deposit with the State Treasurer bonds of a subsidiary corporation of the United States Government which are fully guaranteed by the United States Government and to authorize the State Treasurer to accept the guarantee of the Federal Deposit Insurance 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 section 100-108 of the Civil Code of 1933, relating to bonds of State Depositories, be amended by adding to the end of said section 100-108 the following sentence: A State Depository may deposit with the State Treasurer bonds of a subsidiary corporation of the United States Government, which are fully guaranteed by the United States Government both as to principal and interest, and the guarantee of the Federal Deposit Insurance Corporation shall be accepted as collateral by the State Treasurer to cover state funds on deposit in State Depositories to the extent authorized by the federal law governing the Federal Deposit Insurance Corporation. Code, 100-108, amended. Deposit of bonds with Treasurer, as collateral. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935.

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CERTIFICATES OF BIRTH AND DEATH. NO. 377. An Act to amend section 88-1212 of the Code of Georgia of 1933, providing for the issuance of certified copies of birth and death certificates on file with the bureau of vital statistics of the State Board of Health; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 88-1212 of the Code of Georgia of 1933, providing for the issuance of certified copies of birth and death certificates on file with the bureau of vital statistics of the State Board of Health, be amended by substituting the words Director of the Department of Public Health for the words State Board of Health wherever the words State Board of Health appear in said section. Code, 88-1212, amended. Certified copies of birth and death certificates. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. COMMISSIONER OF COMMERCE AND LABOR; TERM OF OFFICE. NO. 9. An Act to amend title 54 (Industrial Relations), chapter 54-1 (Department of Industrial Relations), section 54-107 (Commissioner of Commerce and Labor; election; term of office; vacancy in office) of the Code of Georgia of 1933, by providing a term of office of four years for the Commissioner of Commerce and Labor; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That title 54 (Industrial Relations), chapter 54-1 (Department of Industrial Relations), section 54-107 (Commissioner of Commerce and Labor; election; term of office; vacancy in office) of the Code of Georgia of 1933 be and the same is hereby amended by striking the word two in the sixth line thereof and inserting the word four so that said section as amended shall read as follows: Code, 54-1, 54-107, amended. 54-107. Commissioner of Commerce and Labor; election; term of office; vacancy in office.The Commissioner of Commerce and Labor shall be elected by persons qualified to vote for members of the General Assembly, at the same time, in the same manner and under the same rules and regulations as the Governor and Statehouse officers; and shall hold his office for four years and until his successor is elected and qualified, unless removed in the manner prescribed by law for the removal of officials of the State Government. In case of a vacancy in the office of Commissioner of Commerce and Labor from any cause, such vacancy shall be filled by appointment by the Governor, and the appointee shall hold office until his successor is elected and qualified. 4-years term for Commissioner of Commerce and Labor. Sec. 2. This Act shall not affect the present term of the present Commissioner of Commerce and Labor, but the successor to the present Commissioner of Commerce and Labor elected at the general election in 1936 shall hold office for four years. Not to affect present term. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 5, 1935. CORPORATE CHARTERS AT CHAMBERS. NO. 132. An Act to amend section 22-308 of the Code of Georgia of 1933, which section provides for the granting of charters by judges of the superior courts in vacation, by adding

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at the end of said section the following: The judges of said courts are authorized and empowered to sign orders for incorporation, either at chambers in the county where the application for charter is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 22-308 of the Code of Georgia of 1933, which provides for the granting of charters by judges of the superior courts in vacation, be amended by adding at the end of said section the following language: The judges of said courts are authorized and empowered to sign orders for incorporation, either at chambers in the county where the application for charter is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending; so that said section as amended shall read as follows: Code, 22-308, amended. Granting of charters at chambers. The judges of the superior courts of this State shall be authorized and empowered to grant charters to private companies, in vacation, at chambers, in the same manner and subject to the same restrictions, as now provided by law for granting charters in term time, and the applicant for such charters shall comply with all the provisions of law, so far as the same may be applicable, as provided in this chapter, and companies whose charters have been granted, amended or renewed in vacation shall be subject to all the privileges, powers, conditions and liabilities as provided in this chapter. The judges of said courts are authorized and empowered to sign orders for incorporation, either at chambers in the county where the application for charter is pending, or at chambers in any county which forms a part of the judicial circuit in which said application is pending. Section as amended. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935.

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COUNTY PROPERTY; CONVEYANCE OF TITLE. No. 133. An Act to amend section 91-602 of the Code of Georgia of 1933, relating to county property and the sale of same, by authorizing the ordinary or other authority to execute deeds thereto; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 91-602 of the Code of Georgia of 1933 be and the same is hereby amended by striking from said section at the end thereof the words appoint a commission to make the titles thereto, and the conveyance by such commission in accordance with such order shall vest the grantee or vendee with the title of the county, and inserting in lieu of such stricken words the following, make and execute good and sufficient title thereto on behalf of the county, so that said section as amended shall read as follows: Code, 91-602, amended. Conveyance of title on sale of county property. 91-602. How property controlled.The ordinary or other authority shall have the control of all property belonging to the county, and may by order to be entered on his minutes direct the disposal of any real property which may lawfully be disposed of, and make and execute good and sufficient title thereof on behalf of the county. Section as amended. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. COUNTY WARRANTS; INTEREST RATE. No. 96. An Act to amend an Act of the General Assembly approved July 24th, 1920, entitled: An Act to amend section 582 of the Civil Code of Georgia by providing that county

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warrants legally issued and duly presented and not paid for want of funds shall bear interest at the legal rate from date of entry by the treasurer of such presentation and non-payment, and for other purposes, so as to provide that the rate of interest upon county orders may be fixed by the governing authorities of the several counties of this State, and may be changed by them from time to time; and for other 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 of an Act of General Assembly approved July 24th, 1920, entitled: An Act to amend section 582 of the Civil Code of Georgia by providing that county warrants legally issued and duly presented and not paid for want of funds shall bear interest at the legal rate from date of entry by the treasurer of such presentation and non-payment, and for other purpose, be and the same is hereby amended by striking out of the 25th line of said Act the words shall bear interest at the legal rate and inserting in lieu thereof the following: shall bear interest at such rate as may be prescribed by the governing authorities of the county by resolution duly adopted and entered upon the minutes of said governing authorities, which rate of interest shall in no event be more than seven per cent. per annum, and which rate so fixed shall be plainly written or printed upon the face of such order, so that said Section as amended shall read Section 582. Want of Funds. On the first day in December of each year such treasurer and the Commissioners of Roads and Revenues or other authority having control of finances of the county together shall make an entry of all orders entitled to payment which were not so presented for payment, and what orders not of equal dignity have been paid instead, in whole or in part, and what others are entitled to payment before such non-presented orders. Persons holding such orders, who present them without receiving their pay before said day, may have the treasurer annually to mark thereon Presented, the day of presentation, and not paid for want of funds, shall bear interest at such rate as may be prescribed by the

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governing authorities of the county by resolution, duly adopted and entered upon the minutes of said governing authorities which rate of interest shall in no event be more than seven per cent. per annum and which rate so fixed shall be plainly written or printed upon the face of such order, from date of entry of presentation and non-payment for want of funds. Provided, however, interest shall not be paid on such warrant or warrants after July 1st following the year in which presented unless such warrant or warrants are again presented and payment refused for want of funds. [Illegible Text] treasurer or keeper of county funds shall endorse on the warrant the words, Presented for payment; no funds on hand with which to pay same. This the day of, 19. Provided that the provisions of this Act shall not apply to warrants outstanding at the time of the passage of this Act. See Code 1933, 23-1608. Interest rate for county warrants. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that any county order issued by any county authority shall bear interest at the rate specified by resolution as heretofore provided at the time of the issuance of said order, and the rate of interest which warrant shall thereafter bear shall not be changed or affected by any subsequent resolution or change of rate of interest that may be adopted thereafter by the governing authorities of such county, but shall bear the rate of interest written or printed upon the face of said order and established by the governing authorities at the time of the issuance thereof. Rate not to be changed after time of issuance. Sec. 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws that conflict herewith be and the same are hereby repealed. Approved March 11, 1935. COVENANTS RUNNING WITH LAND. No. 436. An Act to repeal section 29-301 of the Code of 1933 (appearing as section 4192 of the Code of 1910), relating to the running of covenants with land, by enacting a new section

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to be known and designated by the same number, containing the provisions of the former section, with the additional provision that the covenants shall not run with the land in any incorporated mnicipality in this State having zoning or planning laws contrary to such 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 section 29-301 of the Code of 1933, appearing as section 4192 in the Code of 1910, and reading as follows: 29-301 (4192) Covenants running with land go to purchaser: The purchaser of lands obtains with the title, however conveyed to him, at public or private sale, all the rights which any former owner of the land, under whom he claims, may have had by virtue of any covenants of warranty of title, or of quiet enjoyment, or of freedom from encumbrances, contained in the conveyance from any former grantor, unless the transmission of such covenants with the land is expressly negatived in the covenant itself, be and the said section is hereby repealed and there is enacted in lieu thereof a new section of the Code of 1933, to have the same number and to read as follows: Code, 29-301 repealed; new section. 29-301 (4192). Covenants running with land go to purchaser. The purchaser of lands obtains with the title, however conveyed to him, at public or private sale, all the rights which any former owner of the land, under whom he claims, may have had by virtue of any covenants of warranty of title, or of quiet enjoyment, or of freedom from incumbrances, contained in the conveyance from any former grantor, unless the transmission of such covenants with the land is expressly negatived in the covenant itself. Provided however that covenants restricting lands to certain uses shall not run for more than twenty years in municipalities which have adopted zoning laws. Proviso as to municipalities with zoning laws. Sec. 2. Be it further enacted, that all laws and parts of

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laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. CREDIT UNION EXAMINATION FEES. NO. 306. An Act to amend title 25, chapter 25-1, section 25-122 of the Code of Georgia of 1933, relating to examinations of credit unions by the Superintendent of Banks, by providing fees for such examinations; 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 title 25, chapter 25-1, section 25-122, of the Code of Georgia of 1933, relating to the examination of credit unions by the Superintendent of Banks, be and the same is hereby amended by adding an additional paragraph to said section between the second and third paragraphs thereof, as follows: Code, 25-122, amended. Each credit union shall pay for each annual examination, and for any other examination ordered by the Superintendent, in proportion to its total resources or assets, not exceeding the following amounts: Fees of Superintendent of Banks for examination of credit unions. Where the total resources are $2,500.00 or less, $5.00; Where the total resources are more than $2,500.00 and not exceeding $5,000.00, $7.50; Where the total resources are more than $5,000.00 and not exceeding $10,000.00, $10.00; Where the total resources are more than $10,000.00 and not exceeding $20,000.00, $12.50; Where the total resources are more than $20,000.00 and not exceeding $30,000.00, $15.00;

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Where the total resources are more than $30,000.00, $20.00. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. CRIMINAL BAILIFFS IN CERTAIN COUNTIES. NO. 373. An Act to amend section 808 of the Penal Code of 1910, which provides for the appointment of special criminal bailiffs in counties having more than twenty thousand inhabitants, by providing that such appointments shall be made only in counties having a population of thirty-five thousand or more; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 808 of the Penal Code of 1910 which provides for the appointment of special criminal bailiffs by the solicitors general in counties having a population of more than twenty thousand inhabitants be and the same is hereby amended by striking the words twenty thousand in the second line of said section, and inserting in lieu thereof the words thirty-five thousand so that said section as amended shall read as follows: See Ga. L. 1929, p. 177. Sec. 808. Appointment and removal. In each county having more than thirty-five thousand inhabitants, the solicitor-general of the superior, city, and county courts shall each be entitled to a special criminal bailiff, to be appointed by such solicitor-general with the approval of the judge of the court, and to be subject to removal by such judge and solicitor-general for misconduct in office, or other sufficient cause, to be judged of by them. Applies only to counties of 35,000 or more population. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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CRIMINAL PROCEDURE; TRIALS; WAIVERS. No. 123. An Act to amend section 27-704, chapter 27-7 of title 27 (Criminal Procedure), of the Code of Georgia of 1933; to provide that the judges of the Superior Court may open their courts at any time, without the presence of either grand jury or traverse jury, to receive and act upon pleas of guilty in misdemeanor cases and in felony cases, less than capital, try the issues in such cases without a jury; to provide that the accused may waive indictment either in a misdemeanor case or in a felony case, less than capital, and to provide that an accusation may be filed in such cases; to provide for trials in county courts, city courts, or superior courts under certain conditions; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted: Section 1. Section 27-704, chapter 27-7 of title 27 (Criminal Procedure) of the Code of Georgia of 1933, is hereby amended by adding at the end of said section the following: Judges of the Superior Court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty in felony or misdemeanor cases, except those punishable by death or life imprisonment, when the Judge and the accused consent thereto, and the Judge may try the issues in such cases without a jury upon an accusation field by the prosecuting officer where the accused has waived indictment, so that said section when amended shall read as follows: Code, 27-704, amended. Judge to act without jury in criminal case, when. 27-704. Trial on accusation; waiver of indictment. In all misdemeanor cases and in felony cases other than capital felonies in which the defendants have been bound over to the superior court, or are confined in jail pending commitment trial, or are in jail, having waived commitment trial, the prosecuting officers of such court shall

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have authority to prefer accusations, and such parties shall be tried on such accusation; Provided, that parties going to trial under such accusations shall in writing waive indictment by a grand jury. Judges of the Superior Court may open their courts at any time without the presence of either grand jury or traverse jury to receive and act upon pleas of guilty in misdemeanor cases, and in felony cases except those punishable by death or life imprisonment, when the Judge and the accused consent thereto, and the Judge may try the issues in such cases without a jury upon an accusation field by the prosecuting officer where the accused has waived indictment, and consented thereto in writing; and provided further that counsel is present in court representing such defendant either by virtue of his employment or by appointment by the court. Section as amended. Accusation instead of indictment. Sec. 1A. All misdemeanor offenses may be tried in any county court, city court or superior court upon accusation without an indictment by the Grand Jury. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1935. ELECTION BALLOTS IN CERTAIN COUNTIES. No. 266. An Act to amend sections 34-1903, 34-1904, and 34-1905 of the Code of 1933, by providing that said sections shall not apply to those counties having a population under the census of 1930 of not less than 19,300 nor more than 19,500, and providing that in such counties the ballots used be without numbers or other means of identification, and providing that election managers keep accurate lists of those voting and certify the same; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same, as follows: Section 1. That sections 34-1903, 34-1904, and 34-1905 of the Code of 1933, be and the same are hereby amended by adding at the end of each of said sections the following words and language: Provided, this section shall not apply to those counties having a population under the census of 1930 of not less than 19,300 nor more than 19,500 inhabitants. Code, 34-1903, 1904, 1905, amended; not to apply to certain counties. Sec. 2. None of the provisions of the election laws of this State, as codified in title 34 of the Code of 1933, requiring the numbering or designation of ballots, shall be applicable to those counties described in section 1 above; it being the purpose of this act to exempt all of such counties from the use of ballots that are numbered or otherwise identified in all elections. Identification of ballots not required. Sec. 3. It shall be the duty of all election managers, in the counties herein included, to keep a complete and accurate list of all who vote in all elections held by them, and certify the same to the ordinary as a true and correct list of those voting in all elections managed by them. Voting lists. Sec. 4. This act shall take effect from and after its passage and approval by the Governor. Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1935. ELECTION HOURS IN CERTAIN COUNTIES. No. 103. An Act to amend section 34-1302 of chapter 34-13 of the Code of Georgia of 1933, which provides when and how elections for members of the General Assembly shall be held, fixing the hours for opening and closing the polls at the court-house, and at the precincts, by adding that in

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all counties having a population of from seven thousand (7,000) to seven thousand fifty (7,050), according to the 1930 census of the United States, or according to any other census taken by the United States thereafter, the polls at the court-houses of such counties shall open and close at the same time of day as at the precincts; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 34-1302 of chapter 34-13 of the Code of Georgia of 1933 be and the same is hereby amended by adding the words, to wit: Provided, that in all counties having a population of not less than seven thousand (7,000), nor more than seven thousand fifty (7,050), according to the 1930 United States census or according to any other census taken by the United States thereafter, the elections at the court-house shall be held open the same time of day as provided above for holding open elections at the precincts, to wit, from eight o'clock a. m. to three o'clock p. m., so that said section 34-1302, as amended, shall read as follows: Code, 34-1302, amended, as to certain counties. 34-1302. Elections, how and when held.The day of holding such elections shall be Tuesday after the first Monday in November in the even-numbered years, and the time of day for keeping open the elections shall be from seven o'clock a. m. to six o'clock p. m., at the court-house, and from eight o'clock a. m. to three o'clock p. m., at the precincts. In incorporated towns and cities having more than one election precinct situated in the corporate limits of such incorporated town or city, such precincts, at all elections held, shall be kept open from seven o'clock a. m. to six o'clock p. m., and when there are in such incorporated towns or cities precincts other than the court-house precinct for the holding of elections, the elections in such precincts shall be kept open for the same time and during the same hours as provided by law for keeping open elections at the court-house: Provided, that in all counties having a population of not less than seven thousand (7,000), nor more than seven thousand

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fifty (7,050), according to the 1930 United States Census, or according to any other census taken by the United States thereafter, the elections at the court-house shall be held open the same time of day as provided above for holding open elections at the precincts, to wit, from eight o'clock a. m. to three o'clock p. m. Section as amended. Election hours. Sec. 2. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935. EVIDENCE; COMPETENCY OF WITNESSES. No. 137. An Act to amend Code section 38-1606 (5861) of the Code of Georgia of 1933, so that parties plaintiff and parties defendant may testify in cases involving actions for breach of promise of marriage, and removing the disability heretofore existing under the terms of said section. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Code section 38-1606 (5861) of the Code of Georgia of 1933 be and the same is hereby amended by striking from the first line of the said Code section the words, sentences, and phrases, to wit: and breach of marriage contract and by striking from the end of said Code section the words, sentences, and phrases, to wit: or to any action for breach of promise of marriage, so that said Code section when amended shall read as follows: Code, 38-1606, amended. Actions for breach of promise of marriage stricken. 38-1606 (5861). Adultery cases. Nothing contained in section 38-1603 shall apply to any action, suit, or proceeding in any court, instituted in consequence of adultery. (Acts 1866, pp. 138-139.) Section as amended. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935.

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GENERAL ASSEMBLY MEMBER'S ELIGIBILITY TO OTHER OFFICE. No. 184. An Act to repeal section 89-102 of the Code of Georgia of 1933, which provides that members of the General Assembly shall not be eligible, during their term, to be appointed or employed by any Department of the State; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 89-102 of the Code of Georgia of 1933, which provides that No member of the General Assembly shall, during the term for which he has been elected, be eligible to be appointed or employed by any Department, Board, Bureau, or other State Agency, in any capacity whatsoever, be and the same is hereby repealed. Code, 89-102, repealed. Approved March 15, 1935. INCOME TAXES. No. 348. An Act to amend title 92 (Public Revenue), division I (Sources of Revenue), part IX (Income Taxes), of the Code of Georgia of 1933, by amending chapter 92-31 (Imposition, Rate, and Computation of Tax; Exemptions) by fixing the rate of taxation on corporations; by defining partnerships; by further defining gross income; by repealing the exemption from taxation of royalties from United States patents; by further providing for deductions from gross income; by prohibiting allowances for claimed losses arising from the sale of property in certain cases; by prohibiting the apportionment of deductions for depreciation between lessor and lessee; by defining and providing for the apportionment of business income of corporations; by providing the basis for determining the gain or loss on property acquired before January 1, 1931; by amending chapter 92-32 (Returns and Furnishing

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of Information) by requiring the furnishing of information by corporations as to the payment of dividents in all cases and by defining reorganizations; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That title 92 (Public Revenue), division I (Sources of Revenue), part IX (Income Taxes), chapter 92-31 (Imposition, Rate, and Computation of Tax; Exemptions) of the Code of Georgia of 1933, relating to the State tax on incomes, be and the same is hereby amended by adding at the end of section 92-3102 the following: Provided, that the amount of tax shall not be less than would be produced by applying a rate of two per cent. to a base consisting of the entire net income, as defined in this title, plus all salaries and other compensation paid to all elected and appointed officers, and to any stockholder owning in excess of five per cent. of the issued capital stock of the corporation or a relative per centum of the capital stock of any other corporation owning or holding the capital stock of such corporation, and after deducting from such base ten thousand dollars ($10,000.00) and the deficit, if any; such tax shall be assessed upon the base provided by this section which will produce the greater tax, so that said section 92-3102 chapter 92-31 of title 92, as amended, shall read as follows: Code, 92-3102, amended. Income tax rate for corporation. 92-3102. Rate of taxation of corporations.Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to four per cent. of the net income from property owned or from business done in Georgia, as is defined in section 92-3113; Provided, that the amount of tax shall not be less than would be produced by applying a rate of two per cent. to a base consisting of the entire net income, as defined in this title, plus all salaries and other compensation paid to all elected and appointed officers, and to any stockholder owning in excess of five per cent. of the issued capital stock of the corporation or a relative per centum of the capital stock of any other corporation owning or holding

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the capital stock of such corporation, and after deducting from such base ten thousand dollars ($10,000.00) and the deficit, if any; such tax shall be assessed upon the base provided by this section which will produce the greater tax. Section as amended. Sec. 2. That said title 92, division I, part IX, chapter 92-31 of the Code of Georgia of 1933 be further amended by striking and repealing sub-division (10) of sub-section (b) of section 92-3107, which said sub-division (10) of said sub-section (b) exempts from taxation royalties received from United States patents, so that said section 92-3107, as amended, shall read as follows: Sub-section 10 of 92-3107, repealed. Royalties from patents. 92-3107. `Gross income' defined.(a) The words `gross income' mean the income of a taxpayer derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, business, commerce or sales, or dealing in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits, and income derived from any source whatever and in whatever form paid: Provided, that in the case of property sold upon what is known as the installment plan, when the initial payment is 40 per centum or less, that portion of any installment payment representing gain or profit may be returned for taxation purposes in the year in which payment is received. Section as amended. Gross income defined. (b) The words `gross income' do not include the following items which shall be exempt from taxation under this law: (1) The proceeds of life insurance policies and contracts paid upon the death of the insured. (2) The amount received by the insured as a return of premium or premiums paid by him under life insurance endowment or annuity contracts, either during the term or at maturity or upon surrender of the contract.

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(3) Any amounts received through accident or health insurance or under workmen's compensation acts, as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness. (4) The value of property acquired by gift, bequest, devise, or descent (but the income from such property shall be included in gross income). (5) Interest upon the obligations of the United States Government, or of this State or a political sub-division thereof. (6) Salaries, wages, or other compensation received from the United States by officials or employees thereof, including persons in the military or naval forces of the United States. (7) Salaries received from this State by the Governor and the several judges of the Supreme Court, the Court of Appeals, and the superior courts, for any term existing as at August 22, 1929. (8) Amounts received as pensions from the Government of the United States or any State of the United States. (9) Dividends received on stock of national banks and State banks. Sec. 3. That said title 92, division I, part IX, chapter 92-31 of the Code of Georgia of 1933 be further amended by adding at the end of sub-section (d) of section 92-3109 the following: Provided, that no deduction shall be allowed for any claimed losses arising by reason of the sale by an individual of tangible or intangible property to a corporation in which such individual and/or the members of the family of such individual own a majority of the capital stock, or to the wife or husband or any member of the family of such individual; nor shall any such claimed loss be allowed to any corporation on account of the sale of any property, tangible or intangible, to any stockholder and/or

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stockholders owning fifty per cent. or more of the capital stock in any such corporation or the wife or husband or any member of the family of any such stockholder and/or stockholders; nor shall any such claimed loss be allowed to any person or corporation on account of the sale of any property, tangible or intangible, where the seller purchases the same or similar property within thirty days from the date of any such sale; and by striking from sub-section (f) of said section 92-3109 the following language: In the case of leases, the deductions allowed may be equitably apportioned between the lessor and the lessee, so that said section 92-3109, as amended, shall read as follows: 92-3109, sub-section (d), amended. Claimed losses for which no deduction allowed. 92-3109. Deductions from gross income.In computing net income there shall be allowed as deductions: Section as amended. (a) Expenses.All the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business, including a reasonable allowance for salaries or other compensation for personal services actually rendered; traveling expenses (including the entire amount expended for meals and lodging) while away from home in the pursuit of a trade or business; and rentals or other payments required to be made as a condition of the continued use or possession, for purposes of the trade or business, of property to which the tax-payer has not taken or is not taking title or in which he had no equity. (b) Interest.All interest paid or accrued within the taxable year on indebtedness, except on indebtedness incurred or continued to purchase or carry obligations or securities the interest upon which is wholly exempt from taxation under this law. (c) Taxes.Taxes paid or accrued within the taxable year, except State and Federal income taxes, estate and inheritance taxes, cigar and cigarette taxes, gasoline taxes, and taxes assessed for local benefits of a kind tending to increase the value of the property assessed.

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(d) Losses.Losses sustained during the taxable year and not compensated for by insurance or otherwise: Provided, that no deduction shall be allowed for any claimed losses arising by reason of the sale by an individual of tangible or intangible property to a corporation in which such individual and/or members of the family of such individual own a majority of the capital stock, or to the wife or husband or any member of the family of such individual; nor shall any such claimed loss be allowed to any corporation on account of the sale of any property, tangible or intangible, to any stockholder and/or stockholders owning fifty per cent. or more of the capital stock in any such corporation or the wife or husband or any member of the family of any such stockholder and/or stockholders; nor shall any such claimed loss be allowed to any person or corporation on account of the sale of any property, tangible or intangible, where the seller purchases the same or similar property within thirty days from the date of any such sale. (e) Bad Debts.Debts ascertained to be worthless and actually charged off within the taxable year, provided the amount had previously been included in gross income in a return of income filed with the State. No deduction with respect to loans to relatives and friends shall be allowed as a bad debt or otherwise. (f) Depreciation and depletion.A reasonable allowance for the depreciation and obsolescence of property used in the trade or business; and in the case of mines, oil and gas wells, other natural deposits, and timber, a reasonable allowance for depletion: Provided, that in computing the deductions allowed under this section, the basis shall be cost plus any additions, and improvements, including, in the case of mines, oil and gas wells and other natural deposits, the cost of development not otherwise deducted. (g) Contributions or gifts.Contributions or gifts made by individuals within the income year to corporations or associations operated exclusively for religious,

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charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, to an amount not in excess of 15 per centum of the taxpayer's net income as computed without the benefit of this section. Sec. 4. That said title 92, division I, part IX, chapter 92-31 of the Code of Georgia of 1933, be further amended by striking all of sub-section (b) of section 92-3113, and inserting in lieu thereof a new sub-section to be numbered sub-section (b), and to read as follows: (b) If the entire business income of the corporation is derived from property owned or business done in the State, the tax shall be imposed on the entire business done in the State, the tax shall be imposed on the entire business income, but if the business income of the corporation is derived in part from property owned or business done without the State, the tax shall be imposed only on the portion of the business income reasonably attributable to the property owned and business done within the State, to be determined as follows: (1) Interest and rents received in connection with business in the State shall be deemed business income and shall be allocated as business income is allocated. (2) Gains from the sale of capital assets or property held, owned, or used in connection with the trade or business of a corporation but not for sale in the regular course of business shall be allocated to the State, if the property sold is real or tangible personal property situated in the State, or intangible property connected with the business in the State; otherwise such gains shall be allocated outside the State. (3) Net income of the above classes having been separately allocated and deducted as above provided, the remainder of the net business income of a corporation shall be allocated and apportioned as follows: (a) Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax shall be imposed on the entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable

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to this State shall be taken to be such percentage as the gross receipts from such intangible property in this State for the taxable year bear to the total gross receipts from such sources: Provided, that the taxable situs of intabgible property held or owned by any domestic corporation, or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, notwithstanding any domicile of any such corporation established elsewhere. (b) Where income is derived from business other than the manufacture or sale of tangible personal property, or from the holding or sale of intangible property, or the conduct of a public utility, the portion thereof attributable to business within the State shall be taken to be such percentage of the total of such income as the tangible personal property owned, held or used in the State in the conduct of such business and expense within the State of conducting the business bear to the total tangible personal property and total expense of conducting the business: Provided, that if such corporation is a domestic corporation, or a domesticated or foreign corporation having its principal place of business within this State, all salaries paid general officers shall be deemed expenses within the State of conducting such business irrespective of the place of residence of any such officer or the place of actual payment of such salary. Provided further, that if such corporation uses or employs in the conduct of its business tangible property held or owned by such corporation other than tangible personal property, the reasonable annual rental value thereof, not exceeding ten percent. of the cost value of said property, shall for the purposes of this section be deemed a part of the expense of conducting such business. 92-3113, amended. New sub-section (b). Business income of corporation; apportionment. (c) Where income is derived from the manufacture or sale of tangible personal property, the portion thereof attributable to business within the State shall be taken to be such percentage of the total of such income as the tangible property and business within the State bear to the total tangible property and total business, the percentage of tangible property and of business being separately determined and the two percentage averaged. For the purpose of the foregoing

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computation, the value of the tangible property shall be taken to be the value of the tangible property with no deduction on account of incumbrances thereon held and owned by the corporation in connection with such business at the close of the taxable year for which the income is returned, excluding any property the income of which is not taxable or separately allocared under the foregoing provisions. The term `tangible property', as used herein, means real property and corporeal personal property, not including money, bank deposits, shares of stock, bonds, notes, credits, evidences of debt, choses in action, or evidence of interest in property. The business of the corporation shall be measured under rules and regulations of the Commission. For the purpose of this section, the word `sale' shall include exchange, and the word `manufacture' shall include the extraction and recovery of natural resources and all processes of fabricating and curing. Where one corporation owns stock in another corporation, the dividends on such stock received by the corporation owning the same shall not be taxable to such corporation, but shall be taxable to the stockholders of the corporation owning the stock when distributed in its dividends: Provided, that tangible property within or without the State, owned or held by any stockholder of any such corporation owning 50% or more of its capital stock, or by any other corporation in which the majority of the capital stock is held or owned by such taxpayer corporation or its stockholders, or any other corporation controlled by such taxpayer corporation, or its stockholders, through ownership of stock or otherwise, and used or employed by such taxpayer corporation in the conduct of its business, shall be deemed the tangible property of such taxpayer corporation for the purposes of this section, so that said section 92-3113, as amended, shall read as follows: 92-3113. Corporations; allocation and apportionment of income.The tax imposed by this law shall apply to the entire net income, as herein defined, received by every domestic corporation, and every foreign corporation owning property or doing business in this State. Section as amended.

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(a) Interest, and rents not received in connection with the transaction of business, and gains from the sale of property not held, owned, or used in connection with business (less related expenses, if any), shall be allocated to Georgia if received from sources within this State; and if received from sources outside this State, such income shall be allocated outside the State, and the balance hereinafter referred to as business income shall be allocated to Georgia and shall be taxable as hereinafter set forth. (b) If the entire business income of the corporation is derived from property owned or business done in the State, the tax shall be imposed on the entire business income, but if the business income of the corporation is derived in part from property owned or business done in the State and in part from property owned or business done without the State, the tax shall be imposed only on the portion of the business income reasonably attributable to the property owned and business done within the State, to be determined as follows: (1) Interest and rents received in connection with business in the State shall be deemed business income and shall be allocated as business income is allocated. (2) Gains from the sale of capital assets or property held, owned, or used in connection with the trade or business of a corporation but not for sale in the regular course of business shall be allocated to the State, if the property sold is real or tangible personal property situated in the State, or intangible property connected with the business in the State; otherwise, such gains shall be allocated outside the State. (3) Net income of the above classes having been separately allocated and deducted as above provided, the remainder of the net business income of a corporation shall be allocated and apportioned as follows: (a) Where income is derived principally from the holding and/or sale of intangible property, having a taxable situs in this State, the tax shall be imposed on the

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entire business income; if a portion of such intangible property has a taxable situs without the State, the portion of the income derived from the holding and/or sale of such property attributable to this State shall be taken to be such percentage as the gross receipts from such intangible property in this State for the taxable year bear to the total gross receipts from such sources: Provided, that the taxable situs of intangible property held or owned by any domestic corporation, or by any foreign corporation whose principal place of business is in Georgia, shall be deemed to be in the State of Georgia, notwithstanding any domicile of any such corporation established elsewhere. (b) Where income is derived from business other than the manufacture or sale of tangible personal property, or from the holding or sale of intangible property, or the conduct of a public utility, the portion thereof attributable to business within the State shall be taken to be such percentage of the total of such income as the tangible personal property owned, held or used in the State in the conduct of such business and expense within the State of conducting the business bear to the total tangible personal property and total expense of conducting the business: Provided, that if such corporation is a domestic corporation, or a domesticated or foreign corporation having its principal place of business within this State, all salaries paid general officers shall be deemed expenses within the State of conducting such business irrespective of the place of residence of any such officer or the place of actual payment of such salary. Provided further, that if such corporation uses or employs in the conduct of its business tangible property held or owned by such corporation other than tangible personal property, the reasonable annual rental value thereof, not exceeding ten per cent. of the cost value of said property, shall for the purposes of this section be deemed a part of the expense of conducting such business.

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(c) Where income is derived from the manufacture or sale of tangible personal property, the portion thereof attributable to business within the State shall be taken to be such percentage of the total of such income as the tangible property and business within the State bear to the total tangible property and total business, the percentage of tangible property and of business being separately determined and the two percentages averaged. For the purpose of the foregoing computation, the value of the tangible property shall be taken to be the value of the tangible property with no deduction on account of incumbrances thereon held and owned by the corporation in connection with such business at the close of the taxable year for which the income is returned, excluding any property the income of which is not taxable or separately allocated under the foregoing provisions. The term `tangible property', as used herein, means real property and corporeal personal property, not including money, bank deposits, shares of stock, bonds, notes, credits, evidences of debt, choses in action, or evidence of interest in property. The business of the corporation shall be measured under rules and regulations of the Commission. For the purpose of this section, the word `sale' shall include exchange, and the word `manufacture' shall include the extraction and recovery of natural resources and all processes of fabricating and curing. Where one corporation owns stock in another corporation, the dividends on such stock received by the corporation owning the same shall not be taxable to such corporation, but shall be taxable to the stockholders of the corporation owning the stock when distributed in its dividends: Provided, that tangible property within or without the State, owned or held by any stockholder of any such corporation owning 50% or more of its capital stock, or by any other corporation in which the majority of the capital stock is held or owned by such taxpayer corporation or its stockholders, or any other corporation controlled by such taxpayer corporation, or its stockholders, through ownership of stock or otherwise, and used or employed by such taxpayer corporation in the conduct of its business, shall

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be deemed the tangible property of such taxpayer corporation for the purposes of this section. Sec. 5. That said title 92, division I, part IX, chapter 92-31, of the Code of Georgia of 1933, be further amended by striking from the fourth line of section 92-3119 the words, August 22, 1929, and inserting in lieu thereof the words, January 1, 1931; by striking from the fifth and sixth lines of said section the words, August 22, 1929, and inserting in lieu thereof the words, January 1, 1931; by striking from the first line of sub-section (b) of said section the words, August 22, 1929, and inserting in lieu thereof the words, January 1, 1931; by striking from the second line of sub-section (c) of said section the words, August 22, 1929, and inserting in lieu thereof the words, January 1, 1931, so that said section 92-3119, as amended, shall read as follows: 92-3119, amended. Dates changed. 92-3119. Basis for determining gain and loss.The basis for ascertaining the gain derived or loss sustained from the sale or other disposition of property, real, personal, or mixed, shall be, in the case of property acquired before January 1, 1931, the fair market value of such property as of that date; and in the case of property acquired after January 1, 1931, the basis shall be the cost of such property at the time of such acquisition, except Section as amended. (a) In the case of property which should be included in the inventory, the basis shall be the last inventory value thereof. (b) In the case of property acquired by gift after January 1, 1931, the basis shall be the same as that which it would have in the hands of the donor or last preceding owner by whom it was not acquired by gift. (c) In the case of property acquired by bequest, devise, or inheritance, after January 1, 1931, the basis shall be the fair market value of such property at the time of such acquisition. In computing the amount of gain or loss from the sale or other disposition of property, proper adjustment shall

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be made for any expenditure, receipt, loss, or other item, properly chargeable to capital account since the basic date. The cost or other basis of the property shall also be diminished by the amount of the deductions for exhaustion, wear and tear, obsolescence, amortization, and depletion, which have since the acquisition of the property been allowable in respect of such property, whether or not such deductions were claimed by the taxpayer or formerly allowed. Sec. 6. That said title 92, division I, part IX, chapter 92-31 of the Code of Georgia of 1933, be further amended by striking from sub-division 5 of sub-section (e) of section 92-3120 the words, accumulated after August 22, 1929, and by striking all of sub-division 1 of sub-section (f) of said section, and inserting in lieu thereof the following: The term `reorganization' means (A) a statutory merger or consolidation, or (B) the acquisition by one corporation in exchange solely for all or a part of its voting stock: of at least 80 per centum of the voting stock and at least 80 per centum of the total number of shares of all other classes of stock of another corporation; or of substantially all the properties of another corporation, or (C) a transfer by a corporation of all or a part of its assets to another corporation if immediately after the transfer the transferor or its stockholders or both are in control of the corporation to which the assets are transferred, or (D) a recapitalization, or (E) a mere change in indentity, form, or place of organization, however effected, so that said section 92-3120, as amended, shall read as follows: 92-3120, amended. Reorganization defined. 92-3120. Gain or loss in exchange of property; corporate stock; `reorganization' and `party to a reorganization' defined.(a) No gain or loss shall be recognized if property held for productive use in trade or business or for investment (not including stock in trade or other property held primarily for sale, nor stocks, bonds, notes, choses in action, certificates of trust or beneficial interest, or other securities or evidences of indebtedness or interest) is exchanged solely for property of a like kind to be held

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either for productive use in trade or business or for investment. Section as amended. (b) When property other than property specified in sub-section (a) of this section is exchanged for other property, the property received in exchange shall, for the purpose of determining gain or loss, be treated as the equivalent of cash to the amount of its fair market value. (c) In the case of the organization of a corporation, the stock or securities received shall be considered to take the place of property transferred therefor, and no gain or loss shall be deemed to arise therefrom. (d) The distribution to the taxpayer of the assets of a corporation shall be treated as a sale of the stock or securities of the corporation owned by him, and the gain or loss shall be computed accordingly. (e) 1. No gain or loss shall be recognized if common stock in a corporation is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation is exchanged solely for preferred stock in the same corporation. 2. No gain or loss shall be recognized if stock or securities in a corporation a party to a reorganization are, in pursuance of the plan of reorganization, exchanged, solely for stock or securities in such corporation or in another corporation a party to the reorganization. 3. No gain or loss shall be recognized if a corporation a party to a reorganization exchanges property, in pursuance of the plan of reorganization, solely for stock or securities in another corporation a party to the reorganization. 4. If an exchange would be within the provisions of subsections (3) 1, 2 or 3 of this section if it were not for the fact that the property received in exchange consists not only of property permitted by such paragraphs to be received without the recognition of gain, but also of other property or money, then the gain, if any, to the recipient

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shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property. 5. If a distribution made in pursuance of a plan of reorganization is within the provisions of paragraph 4 of this subsection, but has the effect of the distribution of a taxable dividend, then there shall be taxed as a dividend to each distributee such an amount of the gain recognized under paragraph 4 as is not in excess of his ratable share of the undistributed earnings and profits of the corporation. The remainder, if any, of the gain recognized under paragraph 4 shall be taxed as a gain from the exchange of property. 6. If an exchange would be within the provisions of subsection (e) 3 of this section if it were not for the fact that the property received in exchange consists not only of stock or securities permitted by such paragraph to be received without the recognition of gain, but also of other property or money, then (1) if the corporation receiving such other property or money distributes it in pursuance of the plan of reorganization, no gain to the corporation shall be recognized from the exchange; but (2) if the corporation receiving such other property or money does not distribute it in pursuance of the plan of reorganization, the gain, if any, to the corporation, shall be recognized, but in an amount not in excess of the sum of such money and the fair market value of such other property so received, which is not so distributed. (f) 1. The term `reorganization' means (A) a statutory merger or consolidation, or (B) the acquisition by one corporation in exchange solely for all or a part of its voting stock: of at least 80 per centum of the voting stock and at least 80 per centum of the total number of shares of all other classes of stock of another corporation; or of substantially all the properties of another corporation, or (C) a transfer by a corporation of all or a part of its assets to another corporation if immediately after the transfer the transferor or its stockholders or both are in control

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of the corporation to which the assets are transferred, or (D) a recapitalization, or (E) a mere change in identity, form, or place of organization, however affected. 2. The term `a party to a reorganization' includes a corporation resulting from a reorganization, and includes both corporations in the case of an acquisition by one corporation of at least a majority of the voting stock and at least a majority of the total number of shares of all other classes of stock of another corporation. Upon the exchange of property where the character of the exchange is not mentioned elsewhere in this section, the basis for ascertaining gain or loss shall be determined under rules and regulations of the State Revenue Commission. Sec. 7. That said title 92, division I, part IX, chapter 92-32 (Returns and Furnishing of Information), of the Code of Georgia of 1933, be amended by adding at the end of section 92-3204 the following: The term `partnership' includes a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this Act, a trust or estate or a corporation; and the term `partner' includes a member in such a syndicate, group, pool, joint venture, or organization, so that said section 92-3204, as amended, shall read as follows: 92-3204, amended. Partnership, partner, defined. 92-3204. Partnership returns.Every partnership, including foreign partnerships, the individual members of which are subject to taxation under this law, shall make a return for each taxable year, stating specifically the items of its gross income and the deductions allowed by this law, and shall include in the return the names and addresses of the individuals who would be entitled to share in the net income of distributed and the amount of the distributive share of each individual. The return shall be sworn to by any one of the partners. The term `partnership' includes a syndicate, group, pool, joint

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venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not, within the meaning of this Act, a trust or estate or a corporation; and the term `partner' includes a member in such a syndicate, group, pool, joint venture, or organization. Section as amended. Sec. 8. That said title 92, division I, part IX, chapter 92-32, of the Code of Georgia of 1933, be and the same is hereby amended by striking from the second and third lines of section 92-3206 the words, when required by the State Revenue Commission, so that said section 92-3206, as amended, shall read as follows: 92-3206, amended. 92-3206. Information by corporations; dividend payments.Every corporation subject to the tax imposed by this law shall render a correct return, duly verified under oath, of its payments of dividends, stating the name and address of each shareholder, the number of shares owned by him, and the amount of dividends paid to him, provided such shareholder is a resident of this State. Section as amended. Sec. 9. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. INCOME TAX REFUND APPROPRIATIONS. No. 389. An Act to amend title 92 (Public Revenue), part IX, (Income Taxes), chapter 92-33 (Payment; Deficiencies; Assessment and Collection), section 92-3309 (Percentage of Revenue Collected to be Retained for Refund), by repealing said section 92-3309 and enacting a new section to provide for annual appropriations for refunds of income taxes illegally collected under said title. Be it enacted by the General Assembly of Georgia: Section 1. That title 92 (Public Revenue), part IX, (Income Taxes), chapter 92-33 (Payment; Deficiencies; Assessment and Collection), section 92-3309 (Percentage of Revenue Collected to be Retained for Refund) of the

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Code of Georgia of 1933, be and the same is hereby amended by striking all of said section 92-3309 and enacting in lieu thereof a new section to be numbered section 92-3309, to read as follows: 92-3309, repealed; new section. Appropriations to refund income taxes. 92-3309. All revenue collected under part IX of this title shall be paid into the State Treasury. The General Assembly shall make biennially an appropriation of not less than $50,000 for each year for refunds of income taxes illegally collected under this title, which shall be drawn from the Treasury on warrants of the Governor issued upon itemized requisition showing in each instance the person to whom the refund is to be made, the amount thereof, and the reason therefor. No part of such appropriation shall be expended for any other purpose. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. INSURANCE AGENTS' LICENSES. NO. 396. An Act to amend chapter 56-5, entitled Agents and Solicitors of the title 56, Insurance, of the Code of Georgia of 1933. The said section of the Code as hereby amended is section 56-508, and new sections are to be added to the said Code. The said Code being amended to make the provisions of the same applicable to the business of writing Fidelity and Surety Bonds in this State; to provide for the licensing and examination of Agents for License; to provide for the establishment of Agent's Association; to prevent the writing or acceptance of such insurance contracts and/or bonds issued by non-admitted insurers; to provide penalties, and for the enforcement thereof for the violation of any of the provisions hereof; to provide for the repeal of any law or laws in conflict herewith; 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 same that from and after the passage of this Act, chapter 56-5 entitled Agents and Solicitors, of title 56Insurance of the Code of Georgia of 1933 is hereby amended as follows: Section 1. Section 56-508, relating to the licensing of agents by the Insurance Commissioner, is stricken and in lieu thereof there is substituted the following section: 56-508 stricken; new section. 56-508. License of Agents by Insurance Commissioner. No licensed fire or casualty insurance company or company writing fidelity or surety bonds, shall write or issue any policy or indemnity contract on any risk in this State except through a resident agent licensed by the Insurance Commissioner: Provided that no contract bond shall be issued by any company, except through an agent, resident of the county in which the work under contract is located, if the company has an agent, resident in the county in question. The full commission thereon, (meaning thereby the commission paid for the production of business by him) shall be paid to such resident agent. Provided, however, that such resident agent may pay a commission on business placed with him by another duly licensed resident agent, and, provided further, that such resident agent may pay a commission not exceeding fifty per centum of the regular commission allowed resident agents upon the issuance of such policies or contracts, to a duly licensed non-resident on any business originated by such non-resident. This section shall not apply to policies covering property in transit while in the custody of any common carrier or to rolling stock of any common carrier, nor to cotton insurance issued under a per bale reporting form of coverage. The words `resident agent' as used in this section are deemed to mean resident agents engaged in the solicitation of such business from the public generally and shall not include any salaried employee of any insurance company doing business in this State; but shall include any agents of mutual insurance companies however compensated. Nothing in this section, however, shall be construed to relieve from license requirements any

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State or Special Agent, or traveling and/or salaried employee, who performs any of the acts, services or things mentioned in section 56-501 of title 56, Code of Georgia, in behalf of any insurer or agent of the same. Such resident agent shall keep a true record of all policies and/or bonds thus issued through him on business originated by such licensed non-resident and shall furnish, if requested by the Insurance Commissioner, a verified statement showing the risk covered, amount of insurance and premium involved, and such other information as may be required to aid the said Commissioner in the collection of all premium taxes due in this State and the enforcement of the provisions of this Act as amended hereby. No person except as hereinafter provided shall be licensed as an insurance agent except upon the application of a company authorized to do business in this State, which said application shall be accompanied by a certificate signed by an executive officer of such company and certifying that after inquiring into the facts to the best knowledge, judgment and belief of such company, such person is of good character, is now a bona fide resident of the State of Georgia, and in good faith intends to remain as such resident for a period of twelve (12) months or more from the date of the filing of said application, and is or expects to become bona fide engaged in the business of an insurance agent (as defined in this Act), that he has such moral and financial standing as to make it probable that he can carry on such an agency without detriment to the public, that he expects bona fide to solicit and serve the public generally and not to procure the license chiefly for the purpose of getting a rebate or commission on insurance written for himself or his family or some partnership or corporation in which he is interested or with which he is connected, and that he has such knowledge of the business and of the law and practices governing and relating to the same as will enable him to carry on the business in a competent manner and without detriment to the public. License of insurance agent. 56-508(a). Examination by Commissioner. After receipt of application for such agent's license in due form (and if said application is from a first time applicant for license,

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it shall be accompanied by an examination fee of $10.00, to be paid by agent), it shall be the duty of the Insurance Commissioner, or his deputy or any person he may designate to represent him, within a reasonable time and in a place reasonably accessible to the applicant, in order to determine the trustworthiness and competency of an applicant, for a license, to subject each first-time applicant for license, and, if he deems necessary, any applicant for renewal of license, to a personal written examination as to his or her competency to act as such agent in the community which he intends to serve. When it is shown from such application and examination that the applicant is intending in good faith to act as an insurance agent or solicitor and to be principally engaged in the insurance business and is of good character, is now a bona fide resident of the State of Georgia, and in good faith intends to remain as such resident for a period of twelve (12) months or more from the date of the filing of said application, and is or expects to become bona fide engaged in the business of an insurance agent (as defined in this Act), that the has such moral and financial standings as to make it probable that he can carry on such an agency without detriment to the public, that he expects bona fide to solicit and serve the public generally and not to procure the license chiefly for the purpose of getting a rebate or commission on insurance written for himself or his family or some partnership or corporation in which he is interested or with which he is connected, and that he has such knowledge of the business and of the law and practices governing and relating to the same as will enable him to carry on the business in a competent manner and without detriment to the public, and is worthy of a license, the Insurance Commissioner shall issue to the applicant a license to transact business in this State as an insurance agent or solicitor. Such license shall expire annually on the first day of March unless sooner revoked for cause by the Insurance Commissioner: Provided, that no agent holding a license at the time of the enactment of this Act shall be deemed a first time applicant. 56-508(b). Who may be appointed as agent. Any company lawfully authorized to transact business in this State

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may contract with and appoint as its representative in this State any person as its agent who holds an unexpired agent's license issued under the provisions of this Act, by filing with the Insurance Commissioner a certificate showing the name and address of such appointee and by paying such fee as is provided by law. 56-508(c). Temporary license. In the event of the death or the inability further to act, of an agent holding a certificate of authority from any company, where no other agent in the co-partnership, association or corporation is authorized to represent such company, the Insurance Commissioner may issue a temporary license to another person enabling such other person to represent any such company upon an application being made in conformity with section 2 and the additional information required by this section. Such temporary license shall continue only until the license is afforded an opportunity of taking the examination provided in section 2 above. 56-508(d). Renewal of licenses. Renewal of all expiring licenses shall be upon application in writing, subject to the conditions of examination of such applicants as set forth in section 2 for renewal of license, and upon payment of the annual insurance agent's occupational tax. Provided that should the Commissioner require an examination for renewal of such license, no examination fee shall be required. 56-508(e). Agency associations. Associations may be formed or maintained by all or any class of the regularly licensed insurance agents referred to in this act for the purpose of maintaining the ethics of the profession and forwarding their aims. It shall be lawful for such associations to make and enforce by-laws deemed by such associations needful to carry out such purposes. Sec. 2. Be it further enacted that there shall be added to the said chapter 56-5, relating to Agents and Solicitors, of title 56Insurance, of the Georgia Code, after section 56-522 thereof the following new sections: 56-522, amended; new subsections.

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(1) No corporation, individual, firm or association not licensed in Georgia to transact the business of a fire and casualty insurance, or the writing and issue of fidelity and surety bonds, shall so engage in such business within the limits of this State; nor shall any person act as agent for any company, individual, firm, or association engaged in the writing of such business, unless such person has himself first received a license from the Insurance Department to represent a company duly authorized in the State. Penalty for the violation of this provision on the part of the corporation, individual, firm or association illegally engaged in the writing of business in this State as herein provided shall be $1,000 for the first offense and $2,000 for each additional offense. It shall be deemed a misdemeanor for any person to act as agent for any such company without such person having first received a license as provided herein. License required. Penalty. (2) No individual, firm, corporation or association residing or doing business in this State shall accept a policy of fire or casualty insurance, or fidelity or surety bond issued by a non-admitted company, individual, firm or association in violation of the preceding section, unless such individual, firm, corporation, or association shall immediately report the fact to the Insurance Commissioner, giving the name of the company issuing the policy or contract stating its amount and the premium paid thereon, and shall thereupon pay to the Insurance Commissioner the license fee properly chargeable against such company if it were admitted to the State, and the premium tax chargeable under the General Tax Act upon the amount of premium so paid. Failure so to report and pay the license fee and premium tax herein mentioned shall subject such individual, firm, corporation or association to a penalty of 10% of any such sum as may be paid as indemnity by such insurer to the assured in the event of a loss. Such penalty may be collected upon the establishment of such fact in a civil suit by any informer in any court having jurisdiction thereof, one-half of the amount of such recovery to go to the informer and the other half to be paid to the Insurance Commissioner to be placed by him in the general funds of the State; or the same may likewise

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be recovered upon the establishment of such fact in a civil suit brought in the name of the State of Georgia by the solicitor-general of the circuit where such act may have been done, in which event the solicitor-general shall be paid 10% of the amount received. Report and payment of license fee and premium tax. Penalty. (3) If any licensed company shall violate any of the provisions of this Act as hereby amended, the Insurance Commissioner may, upon his own motion, and shall upon sworn information in writing signed by a citizen of this State and filed with the Commissioner, make due inquiry, in the form and manner hereinafter provided, into any such alleged violation of the provisions of this Act, and upon proof being presented, the sufficiency of which shall be determined by him, the Commissioner shall assess a penalty of one hundred ($100.00) dollars for each offense. No penalty as herein provided shall be imposed upon such alleged violator until a written copy of such charges, together with a citation, requiring appearance before the Insurance Commissioner at the State Capitol on a day certain to be fixed by the Insurance Commissioner, at a time not less than twenty (20) days after the service of such citation and copy of charges, then and there to show cause in writing why such penalties should not be inflicted. Service of such citation and copy of charges shall be made upon its Attorney-in-Fact designated to acknowledge or receive service in the manner provided by law for such service. Assessment of penalty by Insurance Commissioner; notice and hearing; appeal. For the purpose of such inquiry the Insurance Commissioner is hereby empowered to summon witnesses, so as to enable him to make a determination of the merits, provided that any order of the Insurance Commissioner suspending or revoking any license shall be subject to an appeal on the same terms and in the same manner and form as is now provided by law for appeals from the decisions of the Courts of Ordinary of this State. (4) Any penalty or penalties herein provided for shall be in addition to and cumulative to any other penalty or penalties heretofore provided for by law. Provisions as to penalty, cumulative.

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Sec. 3. Be it further enacted that it is specifically declared to be the intention of the General Assembly to enact each and every one of the sections herein contained separately and independently of each other; and therefore, in the event that any Section of this Act shall be declared to be void or unconstitutional by any court of competent jurisdiction, such decision shall not affect the remainder of this Act or any other section hereof. Invalidity of section not invalidate other part of Act. Sec. 4. Be it further enacted, that all laws or parts of laws in conflict with any of the foregoing provisions of this Act shall be and the same are hereby repealed. Approved March 28, 1935. INSURANCE CARRIERS' PERMITS. No. 95. An Act to amend title 114 (Workmen's Compensation) and chapter 114-6 of the Code of Georgia of 1933 by adding to said chapter and title a new section requiring insurance companies and persons or corporations insuring the payment of compensation to employees as provided by said title to obtain permits from the Department of Industrial Relations; to authorize the revocation of such permits; to provide punishment for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That title 114 (Workmen's Compensation) and chapter 114-6 of said title of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said chapter 114-6 a new section to be numbered section 114-610, and to read as follows: 114-610. 114-610. Permits required of Insurance Carriers. Revocation of Permits, etc.Every insurance company and every person, firm or corporation, writing policies of insurance under this title, or insuring the payment of compensation to employees as provided by this title, before

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writing any such policy, or entering upon any such insurance contract, or continuing any such contract of force, shall obtain from the Department of Industrial Relations a permit authorizing such company or such person, firm or corporation to engage in business as an insurance carrier under this title and to write and enter upon such insurance contracts. The application for such permit shall set forth such facts as the Department of Industrial Relations may, by regulation, require. The Department of Industrial Relations is authorized to prescribe the form of permit, and to provide by regulation for a hearing upon such application. Upon the filing of such application, the Department of Industrial Relations shall have such hearing thereon as may be provided for by regulation, and shall grant such permit if in its discretion the applicant is qualified, financially and otherwise, to carry on such insurance business. The Department of Industrial Relations shall prescribe the rules and regulations for apportioning rejected workmen's compensation policies, and may establish an equitable assignment of such policies and enforce such provision; provided, however, that if and when any ratemaking or rate-modification bureau or other similar bureau maintained by the insurance carriers and approved by the Insurance Commissioner, with authority to handle such matters in this State, agree that when a risk has been rejected by any three companies doing business in this State, the bureau will immediately assign a company to write said risk, then the Department of Industrial Relations shall not make the assignment, but shall refer the matter to said bureau, which shall make the assignment subject to rules approved by the department of Industrial Relations. The policy to be issued shall be the standard workmen's compensation policy of insurance containing the usual and customary provisions found in such policies thereof, at the rate prescribed by the Insurance Commissioner, and further that the premium charge shall be promptly paid. If there is any question regarding the lack of accident prevention and safety engineering with respect to

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a particular risk reasonable rules and regulations are to be promulgated, which shall be put into full force and effect when approved by the Department of Industrial Relations. The requirements of this section shall be in addition to anything required of insurance companies under the general laws of this State as embodied in title 56 of this Code. The Department of Industrial Relations is authorized, of its own motion, or upon complaint filed with it, after notice of not less than ten days and a hearing thereon, to revoke any permit granted under this section if it shall appear that the holder of such permit declines to accept and underwrite any risk so assigned to it after said risk shall be assigned to said company by the Department of Industrial Relations and/or a bureau established and approved for rating purposes where the employer is ready, willing, and able to pay the premium thereon at the rate prescribed by the Insurance Department, or if it shall appear that the holder of any such permit fails and refuses to obey any valid order of the Department of Industrial Relations, or to pay any award entered against it by the Department and not appealed from, or affirmed on appeal, or if it should appear that the holder of such permit is otherwise not qualified to carry on such business. Appeal from any decision under this section may be made in the manner provided elsewhere for appeals from orders or judgments of the Directors of the Department of Industrial Relations. Permits required of insurance carriers. Rejection of risks; assignment of such risks. Revocation of permit on refusal to accept and underwrite risk, etc. Appeal. Sec. 2. That said title 114 of the Code of Georgia of 1933 be further amended by adding at the end of chapter 114-99 a new section to be numbered section 114-9902, and to read as follows: 114-9902. 114-9902. Penalty for Carrying on Insurance Business without Permit or after Revocation of Permit. Any company or any person, firm, or corporation who shall write insurance under this title, or enter upon any contract to insure the payment of compensation under this title, or continue any such contract of force, without first obtaining a permit from the Department of Industrial Relations

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as required by section 114-610, or after the revocation of any such permit, shall be guilty of a misdemeanor. Penalty for not having permit. Sec. 3. This Act shall become effctive thirty days from its approval by the Governor, and no insurance carrier referred to in section 1 shall thereafter enter upon any such contract of insurance, or continue in force any such contract of insurance outstanding at the time of the approval of this Act, without obtaining the permit required under section 1. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1935. INSURANCE COMPANIES' DEPOSITS. NO. 294. An Act to amend section 56-301 of the Code of 1933, by changing the amount of bonds required to be deposited with the State Treasurer by fire, marine, and inland insurance companies; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, section 56-301 of the Code of 1933 shall be and is hereby amended by striking from the same the words and figures of the face value of $25,000, and by substituting the following in lieu thereof: of the face value of $10,000; Provided that fire, marine, and inland insurance companies chartered by other states or foreign governments, which have a paid-up or issued capital stock in excess of $500,000 shall deposit said bonds in an amount equal to two per centum of said capital stock, but not more than $25,000 in amount, and provided, further, that other fire, marine, and inland insurance companies chartered by other states or foreign governments shall deposit said bonds in an amount equal to fifteen per centum of the gross annual premiums derived from business written on Georgia property, but in no case shall

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such amount be less than $10,000 nor more than $25,000; so that said section shall, as amended, read as follows: 56-301, amended, as to amount of bonds deposited. All fire, marine, and inland insurance companies, chartered by other states or foreign governments, shall deposit with the State Treasurer bonds of the United-States, or bonds of this State which according to the Acts and resolutions of the General Assembly are valid, or bonds of any county or municipality in this State which have been validated under the laws of this State, of the face value of $10,000. Provided that fire, marine, and inland insurance companies chartered by other states or foreign governments, which have a paidup or issued capital stock in excess of $500,000 shall deposit said bonds in an amount equal to two per centum of said capital stock, but not more than $25,000 in amount, and Provided, further, that other fire, marine and inland insurance companies chartered by other states or foreign governments shall deposit said bonds in an amount equal to fifteen per centum of the gross annual premiums derived from business written on Georgia property, but in no case shall such amount be less than $10,000 nor more than $25,000; which bonds shall be receipted for by the Treasurer and specially deposited in the treasury; and whenever such company shall cease to do business in this State, and shall have settled all claims against it, said bonds shall be delivered to the proper party on presentation of the Treasurer's receipt. While said bonds are so deposited the owners shall, subject to the notices hereinafter provided for or given, be entitled to collect the interest thereon. For the bonds so deposited the faith of the State is pledged that they shall be returned or disposed of as hereinafter provided. All bonds deposited by insurance companies under this or any other section of this title shall be registered bonds. Section as amended. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935.

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JURY COMMISSIONER'S INELIGIBILITY. NO. 131. An Act to amend section 59-101 of the Code of Georgia of 1933, which provides for the appointment, number, qualification, term, and removal of jury commissioners of the several counties of this State, by adding at the end of said section, immediately following the word successor, the following proviso: Provided, that no person shall be eligible or appointed to succeed himself as a member of said Board of Jury Commissioners; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 59-101 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said section, immediately following the word successor in the last line of said section, the following provision: Provided, that no person shall be eligible or appointed to succeed himself as a member of said board of jury commissioners, so that said section when so amended shall provide and read as follows: 59-101, amended. Commissioner not to succeed himself. 59-101. There shall be a board of jury commissioners composed of six discreet persons, who are not practicing attorneys at law nor county officers, who shall hold their appointment for six years, and who shall be appointed by the Judge of the Superior Court. On the first appointment two shall be appointed for two years, two for four years, and two for six years, and their successors shall be appointed for six years. The judge shall have the right to remove said commissioners at any time in his discretion, for cause, and appoint a successor. Provided, that no person shall be eligible or appointed to succeed himself as a member of said board of jury commissioners. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935.

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LIGHTS FOR VEHICLES REQUIRED. NO. 164. An Act to amend section 68-302, chapter 68-3, title 68 (Motor Vehicles) of the Code of Georgia of 1933, by striking the last proviso of said section, and inserting in lieu thereof a provision requiring all horse or mule drawn vehicles or other vehicles propelled by muscular power using the public roads and highways of this State at night to be equipped with lights or reflectors; 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 section 68-302 of chapter 68-3 of title 68 (Motor Vehicles) of the Code of Georgia of 1933 be and the same is hereby amended by striking the last proviso of said section, which reads: Provided, that the provisions of this law requiring front and rear lights on vehicles shall not apply to horse or mule-drawn vehicles or other vehicles drawn by muscular power, and inserting in lieu of said proviso thus stricken the following: Provided, that all horse or mule drawn vehicles or other vehicles propelled by muscular power using the public roads and highways of this State at night shall be equipped with only one light or one reflector for the front of such vehicles, and only one light or one reflector for the rear of such vehicles. Such lights or reflectors, both front and rear, shall be clearly visible for a distance of not less than 100 feet, so that said section as amended shall read as follows: 68-302, amended. Lights required on horse-drawn vehicles, etc. Every motor vehicle, tractor, and motorcycle, while in use or operation upon the streets or highways, shall at all times be provided and equipped with efficient and serviceable brakes and signalling device, consisting of a horn, bell, or other suitable device for producing an aburupt warning signal. Every motor vehicle using the highways at night shall be equipped with a lamp or lamps clearly visible for a distance of not less than 100 feet from the front and rear. `Front lamps'Every motor vehicle and tractor shall be

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provided with at least two lamps of approximately equal candle power, mounted on the right and left side thereof, and every motorcycle shall have mounted on the front thereof at least one lamp. The front lamps shall throw light to a reasonable distance in the direction in which such vehicle is proceeding and shall be provided with a suitable device for dimming or changing focus, so as to prevent dangerously glaring or dazzling rays from the lamps in the eyes of approaching drivers. Section as amended. `Rear lamp'Every motor vehicle, tractor, and trailer shall have on the rear thereof, and to the left of the axis thereof, one lamp capable of displaying a red light visible for a distance of at 100 feet behind such vehicle: Provided, that when a vehicle shall be used in conjunction with another vehicle or vehicles, only the last of such vehicles shall be required to carry such lamp. Every motor vehicle, tractor, trailer, or motorcycle, when on highways at night, shall carry a lamp illuminating with white lights the rear registration plate of such vehicle, so that the characters thereon shall be visible for a distance of at least 50 feet. Provided, that the provisions of this section as to lights, horns, bells, and/or other signalling devices shall not apply to tractors used exclusively for agricultural purposes when and while being operated upon public roads between day-light and dark only; and such lights, horns, or other signalling devices shall not be required for such agricultural tractors not using the public roads: Provided, that all horse or mule drawn vehicles or other vehicles propelled by muscular power using the public roads and highways of this State at night shall be equipped with only one light or one reflector for the front of such vehicles, and only one light or one reflector for the rear of such vehicles. Such lights or reflectors, both front and rear, shall be clearly visible for a distance of not less than 100 feet. Sec. 2. The fact there is no tail light shall not be considered prima facie evidence of negligence on the part of the owner of such a vehicle.

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Sec. 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 19, 1935. MILITARY SERVICE PAY. No. 308. An Act to amend chapter 86-9 of the Code of Georgia of 1933, which provides for the expenditure of military funds, by amending section 86-903, which provides for the pay of officers and enlisted men while on active service, by providing for pay and allowances as for like grades in the United States Army, after five days' continuous service; to provide that at no time will any of the men on State duty and paid under this Act, be paid less than $1.00 per day; and by adding a new section, authorizing the continuance of such pay of an officer or enlisted man during the period in which he may be incapacitated by reason of injury received in active service in the line of duty, and for the payment of funeral expenses of an officer or enlisted man whose death results from active service in line of duty; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That chapter 86-9 of the Code of Georgia of 1933, which provides for the expenditure of military funds, be amended by striking the figures 15 in the fourteenth line of section 86-903, which provides for pay for active service, and inserting in lieu thereof the figure 5, and adding the following proviso: Provided, that at no time will any of the men on State duty and paid under this Act be paid less than $1.00 per day, so that said section 86-903, as amended, shall read as follows: 86-903, amended. Minimum pay $1.00 per day. 86-903. Pay for active service.Whenever any officer or any enlisted man is ordered on active duty by the Governor or his authority, for the purpose of repelling invasion, suppressing rebellion, or quelling insurrection, or mob violence,

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or unlawful combination, or for attending upon military courts or for any other military duty where, by order of the Governor, pay and allowances are specially authorized, their pay, in addition to all transportation, quarters and subsistence, shall be for each day or fraction thereof, as follows: Brigadier generals, $6; colonels, $5; lieutenant colonels and majors, $4; captains, $3; lieutenants, $2; all non-commissioned staff officers and first sargeants, $1.50; all other non-commissioned officers, $1.25; all privates $1. Any officer on duty under pay, who discharges the duties of a higher grade for a period of not less than 30 consecutive days, under special assignment from the Governor, shall be paid the higher rate of pay. After 5 days' continuous service, when called out on State duty, the pay and allowances of officers and men shall be the same as for like grades in the United States Army. Pay, when engaged in camp and field service for instruction, as provided in the Acts of Congress, shall be the same as received by like grades in the United States Army. Troops ordered out for inspection, muster, small-arms competition and practice, drill, parade, review or other ceremony, or field service for instruction, not extending beyond one day, shall not be entitled to pay unless so specified by authority of the Governor in the order for such service. The Governor may, in his discretion, deduct, or have deducted, from the pay due any officer or enlisted man, the amount of any indebtedness due the State by such officer or enlisted man for military fines or forfeitures, or for damages to or loss of any military property of the State, or of the United States issued to the State. The compensation, subsistence and quarters shall be paid out of the military fund, unless otherwise provided, provided that at no time will any of the men on State duty and paid under this Act be paid less than $1.00 per day. Section as amended. Sec. 2. That said chapter 86-9 of the Code of Georgia of 1933 be further amended by adding a new Section to be numbered section 86-906, and to read as follows: New section, 86-906, added. 86-906. If any officer or enlisted man shall receive an injury, while in the active service of the State, in line of duty, the Adjutant General may, with the approval of the Governor,

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continue the pay of such officer or enlisted man, at the rate to which he would be entitled if on active duty, during the period of his disability, and may in addition thereto provide for necessary hospitalization and medical or surgical treatment of such officer or enlisted man. All such expenses shall be paid from the Riot Fund. Pay of injured, and hospital expenses, from Riot Fund. Sec. 3. That said chapter 86-9 of the Code of Georgia of 1933 be further amended by adding a new section to be numbered section 86-907, and to read as follows: New section, 86-907. 86-907. In case of the death of any officer or enlisted man while on active service of the State from wounds, injuries or sickness incurred in line of duty, or in case of the death of any such officer or enlisted man, after the expiration of any such period of active duty, resulting from any wound, injury or sickness incurred in line of duty while on active service, the Adjutant General may, with the approval of the Governor, pay the expenses of the burial of such officer or enlisted man, not to exceed one hundred fifty dollars ($150.00), out of the Riot Fund. Burial expenses, from Riot Fund; not to exceed $150.00. Sec. 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. MOTOR VEHICLES; LICENSE AND REGISTRATION. NO. 3. An Act to amend title 68 (Motor Vehicles), chapter 68-2 (License for motor vehicles and chauffeurs), of the Code of Georgia of 1933, by striking all of section 68-210 of said title and chapter, which provides for the registration of motor vehicles at half-year rates and quarter-year rates; by striking all of section 68-211 of said title and chapter, which provides the schedule of annual fees for motor vehicles, and enacting in lieu thereof a new section

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fixing the annual license fee for all motor vehicles, except farm tractors and motorcycle side cars, at $3.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That title 68 (Motor Vehicles), chapter 68-2 (License for motor vehicles and chauffeurs), of the Code of Georgia of 1933, be and the same is hereby amended by striking and repealing all of section 68-210 of the said title and chapter, which provides for the registration of motor vehicles between June 1 and September 30 at half-year rates, and after September 30 at quarter year rates. 68-210, amended. Sec. 2. That title 68 (Motor Vehicles), chapter 68-2 (License for motor vehicles and chauffeurs), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of section 68-211 (Schedule of annual fees for vehicles), which said section fixes the schedule of fees to be paid on account of the registration and operation of motor vehicles, and inserting in lieu thereof a new section to be numbered section 68-211 and to read as follows: 68-211, amended. 68-211. Schedule of annual fees for vehicles.The annual fees for licensing the operation of the vehicles required by this chapter to be registered and licensed, shall be $3.00 for each such vehicle registered: Provided, that tractors used exclusively for agricultural purposes shall not be required to be registered and it shall not be necessary to pay any fee on account of the operation thereof. Provided further, that motorcycle side cars shall not be subject to registration, and no license fee shall be required on account of the operation thereof. Section as amended. Registration and license fee, $3.00; no fee for agricultural tractors and motorcycle side cars. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1935.

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OBSCENE PICTURES, ETC., PENALTY. No. 402. An Act to amend sections 26-6301 and 26-6302 of the Penal Code of 1933 which provides in each section that the punishment therein shall be as for a misdemeanor for the sale, etc., of obscene pictures and for making obscene drawings, prints, etc., and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, sections 26-6301 and 26-6302 of the Penal Code of 1933 shall be amended as follows: By striking from the last line of said sections the words shall be guilty of a misdemeanor and inserting in lieu thereof the words shall be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury said offense may be punished as for a misdemeanor, so that said sections, when so amended, shall read as follows: 26-6301, 26-6302, amended. Penalty, 1 to 5 years in penitentiary, unless jury recommended misdemeanor punishment. 26-6301. Any person who shall bring, or cause to be brought, into this State for sale or exhibition, or shall sell or offer to sell, or shall give away or offer to give away, or having possession thereof shall knowingly exhibit to another any indecent pictorial newspaper tending to debauch the morals or any indecent or obscene book, pamphlet, paper, drawing, lithogaph, engraving, daguerreotype, photograph, picture, or any model, case, instrument, or article of indecent and obscene use, or shall advertise any of said articles or things for sale, by any form of notice, printed, written, or verbal, or shall manufacture, draw, or print any of said articles, with intent to sell or expose or to circulate the same, shall be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury said offense may be punished as for a misdemeanor. Sections as amended.

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26-6302. If in a public place, on any fence or wall, or other surface contiguous to the public street, or on the floor or ceiling or on the inner or outer wall of any closet, room, passage, hall, or any part of any hotel, court house, church, school, station house, depot for freight or passengers, capitol, or other buildings devoted or open to other or like public uses, or on the walls of any out-building or other structure pertaining thereto, and frequented by the users thereof, any person shall make or cause to be made any obscene drawing or picture, or obscene writing or print, liable to be seen of others passing or comming near the same, shall be punished by confinement and labor in the penitentiary for not less than one nor more than five years. However, upon the recommendation of the jury said offense may be punished as for a misdemeanor. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. ROAD DUTY LAW REPEALED. NO. 409. An Act to repeal an Act entitled A bill to prescribe those who shall be subject to road duty or pay such commutation, being section 95-802 of Code of Georgia of 1933; 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 and approval of the Governor, that section 95-802 of the Civil Code of Georgia of 1933, reading as follows: Who subject to road duty. Commutation tax.Each male citizen between the ages of 21 and 50 years, not expressly exempt by law, shall be subject to road duty, and shall be required, when notified or summoned, to work the public roads of the county of his residence for such length of time in each year, or to pay such

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commutation tax as may be fixed by the authorities having charge of county matters: Provided, that no one shall be required to work for longer than 10 days in any one year nor shall said commutation tax be fixed as a sum that will amount to more than 50 cents per diem for the number of days' work required, be and the same is hereby repealed. 95-802, repealed. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. ROADS; EXPENSE OF RIGHT OF WAY. NO. 386. An Act to amend title 95 (Roads, Bridges and Ferries), part IV (State Highway System), chapter 95-17 (State Aid Roads) section 95-1721 (Counties Prohibited from Participating in the cost of construction) of the Code of Georgia of 1933, by striking all of said section and enacting in lieu thereof a new section to be numbered 95-1721 providing for the control and supervision of state aid roads and their construction and for the payment of the expenses of obtaining rights-of-way by the county in which said road is situated; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That title 95 (Roads, Bridges and Ferries), part IV (State Highway System), chapter 95-17 (State-Aid Roads) of section 95-1721 (Counties Prohibited from Participating in the Cost of Construction) of the Code of Georgia of 1933 be and the same is hereby amended by striking and repealing all of said section 95-1721, and enacting in lieu thereof a new section to be numbered section 95-1721, and to read as follows: 95-1721, stricken; substitute. 95-1721. Control and supervision of State-aid Roads; expense of procuring rights of way borne by county. When a road is approved as a part of the system of State Highways, the establishment of such road and its construction, including

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location, surveys, grading, and paving, shall be under the control and supervision of the State Highway Board. All expenses necessary for such construction, including surveys, the location or relocation of such roads, and all other expenses connected with the establishment and construction thereof, except the expense of procuring rights of way, shall be paid by the Board but of funds allocated to the Highway Department. It shall be the duty of county commissioners or other county authorities having control of county roads to assist in procuring the necessary rights of way as cheaply as possible, and all expenses thereof, including the purchase price of any land purchased for a right of way, and all direct and consequential damages awarded in any proceeding brought to condemn any such right of way, shall be paid by the county in which such road is situated out of the county treasury; provided that nothing contained in this Act shall prevent the State Highway Board from using State Highway funds for the purpose of purchasing right of way, or to pay the purchase price thereof, or to pay any damages awarded on account of the location of any such State-aid Road, or from assisting the counties in so doing. New section. Control, supervision, expense of State-aid roads. Assistance by county in procuring right of way. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1935. SESSIONS OF SUPREME COURT AND COURT OF APPEALS. NO. 376. An Act to amend title 24 (Courts), part IX (Supreme Court), chapter 24-38 (Sessions and Adjournments), section 24-3801 (time and place of session), of the Code of Georgia of 1933, so as to provide for three terms of the Supreme Court and the Court of Appeals in each year; 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 title 24, part IX, chapter 24-38, of the Code of Georgia of 1933, be and the same is hereby amended by striking section 24-3801 of said chapter 24-38, and substituting in lieu thereof a new section to be known as section 24-3801, which new section shall read as follows: 24-3801, amended; substitute. Section 24-3801. Time and place of session. The Supreme Court shall sit at the seat of Government. Its terms shall be as follows: January term beginning the first Monday in January; April term beginning the first Monday in April; September term beginning the first Monday in September. Each term shall continue until the business for that term has been disposed of by the court; provided, that unless sooner closed by order of the court the September term shall end on December 20th, and the April term shall end on July 31st; provided further, no judgment, other than judgment on motion for a rehearing, shall be rendered during the last fifteen days of any term. New section. Terms of Supreme Court: January, April, September; length of terms. No judgment in last 15 days of term, except on motion for rehearing. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of the Court of Appeals shall be the same as the terms of the Supreme Court. Same terms for Court of Appeals. Sec. 3. Be it further enacted by the authority aforesaid, that the term of the Supreme Court as prescribed under existing law, beginning the first Monday in October and continuing to the first Monday in March, be extended so that the said term shall end on the first day of April, 1936. This section of the act to be effective upon approval of the act by the Governor. October term, 1935, extended to April 1, 1936. Sec. 4. Be it further enacted by the authority aforesaid, that this act, except as stated in section 3 next preceding, become effective on the first Monday of April, 1936. When effective. Sec. 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this act be and the same are hereby repealed. Approved March 28, 1935.

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VETERANS' LICENSES. No. 127. An Act to amend an Act approved August 18th, 1919 (codified as section 84-2011 of Code of 1933), to provide rules of eligibility for applicants for disabled veterans' license; to provide for the issuance by the State Revenue Commission of Georgia certificates of exemption from payment of peddlers and business license tax to the holder of such disabled veterans' license; to authorize the State Revenue Commission of Georgia to cancel such license for cause; and for other purposes. Be it enacted by the General Assembly of Georgia, and the same is hereby enacted, that section 84-2011 of the Code of 1933 as amended, be and the same is hereby amended by striking the following language wherever it occurs in said section, Seminole, Creek, or Cherokee Indian War, or Mexican War, and by adding at the end of said section as amended the following proviso: 84-2011, amended. Indian and Mexican Wars stricken. Section 1. Provided further that no veteran shall be entitled to a license to peddle or conduct business under this Section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from a physical handicap disabling to the extent of ten per centum, or more; that the total income of such veteran is such that he is not liable for the payment of federal income tax; and that his services, or some part thereof, was rendered during a war period as defined by an Act of the Congress of the United States approved March 20th, 1933, entitled An Act to Maintain the Credit of the United States and commonly known as Public No. 2, 73rd Congress. Proof of such ten per cent (10%) disability before the Ordinaries shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Veterans Administration stating the degree of disability. Extent of disability, limit of income; period of service. Physician's certificate; other evidence.

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Sec. 2. Be it further enacted that before any other certificate issued to a veteran by any Ordinary of this State shall exempt the veteran from the payment of a license tax to peddle or conduct business without the payment of a license tax to the State or to any county or municipality thereof the holder of such certificate must secure from the State Revenue Commission of Georgia a certificate of exemption from payment of such license tax, and such certificate of exemption shall be conclusive evidence of the right of the holder to peddle or to conduct any business not prohibited by law without the payment of any license tax or charge on the part of the State or any county or municipality thereof. Revenue Commission's certificate of exemption. Sec. 3. Be it further enacted that the State Revenue Commission shall make and prescribe reasonable rules and regulations not inconsistent with the general laws governing the issuance of such certificates of exemption. Certificates issued by any of the Ordinaries of this State shall be prima facie evidence of the right of the holder thereof to a certificate of exemption. But the State Revenue Commission may require additional proof when it has reason to believe any applicant is not entitled to the exemptions provided for in the general law. The State Revenue Commission may cancel or suspend certificates of exemption at any time when it shall sufficiently appear that the holder has become physically or financially ineligible to claim the exemption; that the certificate of exemption was procured through fraud or mistake or that the person to whom such certificate was issued has permitted another to enjoy the benefits of such exemption. Revenue Commission to make rules as to certificates. Additional proof as to exemption. Cancellation or suspension of certificate. Sec. 4. Be it further provided that any suspension or cancellation of a certificate or exemption may be made only after affording the veteran concerned an opportunity to be heard either by counsel or in propria persona. Service of written ten days notice of the time and place when the State Revenue Commission expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered mail or by any Sheriff, Deputy Sheriff, Marshal, Constable or Police

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Officer of any county or municipality of this State and evidence of such service shall be deemed sufficient on proof of the receipt by the veteran concerned of the registered package, in which notice has been mailed or the return of service of any such officer. So that this section, as amended hereby, shall read as follows: Any disabled or indigent Confederate veteran or veteran of the Spanish-American War, or late European War, or blind person who is a resident of this State, may peddle or conduct business in any town, city, county, or counties thereof without paying license for the privilege of so doing, and a certificate from the Ordinary of any county stating the facts of his being such disabled or indigent Confederate veteran, or veteran of the Spanish-American War, or the late European War, or blind person, who is a resident of this State, shall be sufficient proof; provided, that this section shall not authorize peddling or dealing in ardent and intoxicating drinks, or running a billiard, pool or other table of like character, or dealing in futures, or peddling stoves, clocks or carrying on in the business of a pawnbroker or auctioneer, or dealing in lightning-rods; and provided, further that the privileges hereby granted shall not be transferred to or used by any other person. Notice and hearing as to suspension, etc. Section as amended. No veteran shall be entitled to a license to peddle or to conduct a business under this section until it has been made to appear to the issuing authority that the veteran making application therefor is suffering from physical handicap disabling to the extent of ten per centum, or more; that the total income of such veteran is such that he is not liable for payment of federal income tax; and that his services, or some part thereof, was rendered during a war period as defined by an Act of Congress of the United States approved March 20th, 1933, entitled An Act to Maintain the Credit of the United States, and commonly known as Public No. 2, 73rd Congress. Before any certificate issued to a veteran by any Ordinary of this State shall exempt the veteran from payment of a license tax to peddle or conduct business without the payment of a license tax to the State or to any county or municipality thereof the holder of such certificate

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must secure from the State Revenue Commission of Georgia a certificate of exemption from the payment of such license tax and such certificate of exemption shall be conclusive evidence of the right of the holder to peddle or to conduct any business not prohibited by law without the payment of any license tax or charge on the part of the state or any county or municipality thereof. The State Revenue Commission shall make and prescribe reasonable rules and regulations not inconsistent with general laws governing the issuance of such certificates of exemption. Certificates issued by any of the Ordinaries of this State shall be prima facie evidence of the right of the holder thereof to a certificate of exemption but the State Revenue Commission may require additional proof when it has reason to believe any applicant is not entitled to the exemptions provided for in the general law. The State Revenue Commission may cancel or suspend certificates of exemption at any time when it shall sufficiently appear that the holder has become physically or financially ineligible to claim the exemption; that the certificate of exemption was procured through fraud or mistake or that the person to whom such certificate was issued has permitted another to enjoy the benefits of such exemption. Any suspension or cancellation of a certificate of exemption may be made only after affording the veteran concerned an opportunity to be heard either by counsel or in propria persona. Service of ten days written notice of the time and place when the State Revenue Commission expects to hear and determine the question of such suspension or cancellation shall be deemed sufficient notice when delivered by registered mail or by any Sheriff, Deputy Sheriff, Marshal, Constable or Police Officer of any county or municipality of this State and evidence of such services shall be deemed sufficient on proof of the receipt by the veteran concerned of the registered package, in which notice has been mailed or the return of service of any such officer. Sec. 5. That no person qualifying under this measure shall be licensed to sell fireworks. No license to sell fireworks. Sec. 6. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1935.

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VETERINARIAN'S OFFICE ABOLISHED, ETC. No. 1. An Act to repeal section 62-901 of the Code of Georgia of 1933 (Title No. 62 Live Stock), creating the office of the State Veterinarian, and section 62-903, of the Code of Georgia of 1933, providing for his salary and expenses; to provide that the Commissioner of Agriculture shall have and exercise the powers and duties now imposed by law upon the State Veterinarian; to authorize the Commissioner of Agriculture to employ veterinarians and fix their salaries; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 62-901 of the Code of Georgia of 1933 (Title No. 62 Live Stock), creating the office of State Veterinarian, and section 62-903 of the Code of Georgia of 1933, providing for his salary and expenses, are hereby repealed, and the office of State Veterinarian abolished. 62-901, repealed. Sec. 2. The authority, powers and duties of the State Veterinarian are hereby transferred to the Commissioner of Agriculture, and the Commissioner of Agriculture is hereby charged with all the duties of the State Veterinarian as is now or may hereafter be fixed by law. Duties, etc., transferred to Commissioner of Agriculture. Sec. 3. The Commissioner of Agriculture is hereby empowered to employ veterinarians to assist him in carrying on the work of the office of State Veterinarian, provided that he shall in no event employ more than three veterinarians, except in cases of emergency and on approval of the Governor. Power to employ veterinarians. Sec. 4. The Commissioner of Agriculture shall have the power to prescribe the duties of such veterinarians and to fix their salaries, not to exceed the sum of two hundred dollars per month. The Chief Veterinarian's salary shall not exceed two hundred and fifty dollars per month. Salaries of veterinarians. Sec. 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 1, 1935.

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TITLE IV. EDUCATIONUNIVERSITY SYSTEM. ACTS. Disposal of Property. Fiscal Year of Regents. Refunding Bonds. Regents' Powers; State's Title to Property. DISPOSAL OF PROPERTY. NO. 191. An Act to authorize the Regents of the University System of Georgia to sell, lease, or otherwise dispose of surplus real or personal property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all properties owned or held by the Regents of the University System of Georgia pursuant to title 32 of the Code of Georgia of 1933 which has heretofore been declared to be the public property of the State, may be sold, leased, or otherwise disposed of by the said Regents subject to the approval of the Governor, whenever the Board of Regents of the University of Georgia may deem such sale, lease, of other disposition to the best interests of the University System: Provided, that the Board of Regents shall first determine that such property can no longer be advantageously used in the University System. Provided, further, that where any such property has been granted or conveyed to the University System or Regents of the University System, or any institution embraced within the University System, or the trustees thereof, for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use [Illegible Text] trust declared in any such grant or conveyance. Sale, etc., of property of University System, when authorized.

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Sec. 2. In case of any sale, lease, of disposition of any such property, the Regents of the University System of Georgia through its proper officers and the Governor on behalf of the State shall execute and deliver such written evidence of title or of the creation of a leasehold interest as may be necessary. Conveyances, etc. Sec. 3. That the proceeds arising from any such sale or lease of any such property shall be used for the support of the University System and its branches or for the payment of any debts thereof as the Regents may determine. Use of proceeds. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1935. FISCAL YEAR OF REGENTS. NO. 163. An Act to amend an Act approved February 20th, 1933, fixing the fiscal year of the Regents of the University System by striking from section 1 of said Act the words to July 1st in each year through June 30th in the following year, and substituting in lieu thereof the words to September 1st in each year through August 31st in 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 a certain Act fixing the fiscal year of the University System, approved February 20th, 1933, be and the same is hereby amended by striking from section 1 of said Act the words to July 1st in each year through June 30th in the following year and substituting in lieu thereof the words to September 1st in each year through August 31st in the following year, so that when said section is so amended it shall read: See Code 1932, 32-131. Fiscal year.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after June 30, 1933, the fiscal year of Regents of the University System of Georgia, and all institutions of the University System of Georgia, be and the same is hereby changed from January 1st through December 31st in each year, to September 1st in each year through August 31st in the following year. Section as amended. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 15, 1935. REFUNDING BONDS. No. 275. An Act to provide for the refunding of bonds of the State of Georgia now or hereafter held by the Regents of the University System, including the Landscrip Fund, to direct the payment of interest on bonds now due, to repeal an Act approved September 30, 1881, providing a plan of refunding; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Governor and the State Treasurer are authorized and directed to issue to the Regents of the University System of Georgia the State's obligation in the form of non-negotiable bonds to become due 50 years from the date of issue and bearing interest at the rate of 4% per annum (except as provided in section 2 of this Act) payable semi-annually on the first days of January and July of each year in redemption of obligations of the State as hereinafter provided. State bonds to be issued to Regents of University in redemption of obligations. Sec. 2. For the redemption of the Landscrip Fund State 7% obligation to the University System of Georgia of $242,202.17, bonds shall be issued as provided in section 1 of this Act except that the rate of interest shall be 5% per annum

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as provided in the Act, approved December 12, 1866 entitled: An Act to provide a college for the benefit of Agriculture and the Mechanic Arts in the State of Georgia. The bonds to be issued under this section shall be dated July 1, 1935. Redemption of Landscrip Fund obligation. Sec. 3. For the redemption of State 7% non-negotiable bonds due the University System of Georgia in the amount of $99,000.00 now due or becoming due in the year 1935, bonds shall be issued as provided in section 1 of this Act and shall bear date of July 1, 1935. Redemption of bonds due July 1, 1935. Sec. 4. For the redemption of any valid matured bond of this State presented as the property of the University System of Georgia, bonds may be issued at the option of the Regents as provided in section 1 of this Act, provided, however, that the provisions of this section shall not be operative in any year until the constitutional Sinking Fund redemptions have been made for that year. Other bonds. Sec. 5. The State Treasurer is authorized and directed to pay to the Regents of the University interest on the pastdue 7% bonds to July 1, 1935, at the rates named in this Act. Interest on past-due bonds. Sec. 6. The Act approved September 30, 1881, entitled: An Act to make permanent the income of the University of Georgia as amended by the Act, approved December 20, 1898, (Code 1933, section 32-134) is hereby repealed. Any other laws or parts of laws in conflict herewith are hereby repealed. Code, 32-134, repealed. Approved March 23, 1935. REGENTS' POWERS; STATE'S TITLE TO PROPERTY. NO. 20. An Act to define the status of the Regents of the University System of Georgia and of the members of the Board of Regents of the University System of Georgia; to declare

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the State's title and ownership of the property held by the Regents of the University System; to limit and restrict the powers of the Regents of the University System and the members of the Board of Regents; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the corporation created under section 45 of the Act approved August 25, 1931, as embodied in title 32, section 32-101, of the Code of Georgia of 1933, and known as Regents of the University System of Georgia, is hereby declared to be a governmental agency of the State of Georgia, and all property held by said corporation under said Act of August 25, 1931, as embodied in title 32 of the Code of Georgia of 1933 is hereby declared to be the property of the State of Georgia, and subject to all the limitations and restrictions imposed upon other property of the State of Georgia by the Constitution and laws of this State. The members of the Board of Regents of the University System of Georgia, as provided for by said Act, are hereby declared to be public officers of the State of Georgia and subject, in all their actions as such, to all the limitations and restrictions imposed by the Constitution and laws of this State upon other public officers. Regents of University System declared governmental agency of State, holding State property; and declared State officers. Sec. 2. The terms and conditions of any and all donations, gifts, or bequests, heretofore made or to be made in the future, to the Trustees of the University, the Board of Regents of the University, or to the University System, or to any branch or division thereof, shall not be affected by the provisions of this Act. Donations, gifts, bequests not affected by this Act. Sec. 3. Tuition, matriculation fees and proceeds of the sale of personalty shall be reported and remitted to the Secretary-Treasurer of the Board of Regents, who shall transmit the same to the State Treasurer, and the same are hereby appropriated as a continuing appropriation to the branch or division of the University System from which they originate, to be drawn out of the Treasury upon a requisition just as other funds are drawn. The proceeds from

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dormitory rentals, mess hall charges, proceeds of athletic contests, and other similar revenue shall remain with the institutions originating the same, and shall not be paid into the Treasury under this Act. All such receipts, however, shall be reported to the Secretary-Treasurer of the Board of Regents and shall be audited by the State Auditor and his reports shall be available to the Governor, to the General Assembly and to the Board of Regents; and all such revenue is declared to be under the control of the Board of Regents, which control may be exercised directly or through such athletic associations or organizations as it may authorize, provided, such associations and organizations remain always subject to the control of the Board of Regents. Disposition and report of funds. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 14, 1935.

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TITLE V. HIGHWAYS OF THE STATE. ACTS. Act of 1933 Amended. Adairsville to Pine Log (Bartow) Road. Additional Roads in Several Counties. Ailey Half-Mile Road. Albany to Cordele Road. Albany to Moultrie Road. Americus-Dawson Road. Americus to Buena Vista Road. Bainbridge-Faceville-Chattahoochee-Florida Road in Decatur County. Brantley and Camden County Road. Brunswick to St. Simons Island Road. Bryan, Liberty and Tattnall Road. Catoosa County Road. Chattooga and Floyd County Road. Clarkesville to Lake Burton Road. Clinch, Echols, and Lanier County Road. Coastal Highway District Bonds. Cobb County Added Mileage. Cobbtown to McLeod RoadWrightsville to Soperton Road. Commerce to Maysville Road. Conyers to Jonesboro Road. Decatur (DeKalb), McDonough, and Griffin Road. Dodge County Road; Milan to Chauncey. Douglas, Paulding, and Carroll County Road. Early and Seminole County Roads. Eastman to Lumber City Road. Effingham County Road. Ellaville to Andersonville Road. Elmodel, Milford, and Arlington Road. Forsyth and Jackson County Road. Forsyth, Dawson, and Lumpkin County Road. Forsyth, Dawson, and Lumpkin County Road. Fort Gaines and Blakely Road. Fort Gaines and Blakely Road. Fort Valley to Reynolds Road. Franklin County Added Mileage. Fulton and Douglas County Road. Fulton County Added Mileage. Fulton County-Union Road. General David Blackshear Highway. Georgia-Florida Military Highway. Glynn, Brantley, and Pierce County Road. Gordon and Cherokee County Road. Gray to Irwinton Road. Hall, Banks, and Franklin County Road. Hall to Lumpkin or Dawson County Road. Harris, Meriwether, and Upson Road. Hinesville to Clyde to Savannah Road. Jackson (Butts) to Macon Road. Jefferson County Added Mileage. Jefferson County Road. LaGrange Through Glenn to Alabama. Lamar and Pike County Road. Lula to Homer Road. Lumpkin, Fannin, and Union County Road. Lumpkin, Fannin, and Union County Road. McIntosh County Added Mileage. Merlwether and Fayette County Roads. Milledgeville to Perry Road. Milner to Jackson Road. Mitchell-Thomas County-Line Road. Montac to St. George and St. Mary's River. Nacoochee and Habersham Road. Nashville to Pearson Road. Okefenokee Trail Established. Oliver S. Porter Memorial Road. Pavo to Homerville Road.

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Pavo to Lakeland Road. Pearson-Ray City Road. Pelham to Spence, and Other Roads. Perry to Jeffersonville Road. Pierce County Road. Polk and Floyd County Road. Preston to Weston Road; Webster County. Randolph and Calhoun County Road. Taft Memorial Highway. Telfair and Wheeler County Road. Thomasville to Florida Line. Tifton-Homerville Road. Toccoa and Carnesville Road. Toombs County Road. Union County Added Mileage. University of Georgia Campus Paving. Valdosta State Women's College; Paving. Valdosta to Florida Line Road. Vidalia Paved Loop. Wadley-Midville Road. Walker County Roads. Walton County Roads. Washington County Road. Washington (Wilkes) to Greensboro Road. Webster to Randolph County Road. Winder (Barrow) to Chestnut Hill (Hall). ACT OF 1933 AMENDED. NO. 193. An Act to amend that certain act adopted and approved the first 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 25th, 1931 (Georgia Laws, 1931, pages 97-101), and ratified in the manner prescribed in said Act at the general election held in the State of Georgia on November 8th, 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 thereof; 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 of such certificates; to provide a penalty for forging or counterfeiting

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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 said counties hereinafter named and/or the Coastal Highway District on the one hand, and the State Highway Department on the other; to provide for the 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 inserting in section 12 of the said Act immediately following the words to the Constitution approved August 25th, 1931 on line number 22 of the said section, the following words, to wit: Provided, however, that where private citizens donated to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State 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 provided that the aforesaid private citizens were residing, at the time of their donation or donations, in counties with populations according to the 1930 census of not less than 19,505 and not more than 19,509 or not less than 10,615 and not more than 10,619, the governing authorities of the aforesaid counties are hereby authorized, empowered and directed to ascertain the amounts of the several donations made by the aforesaid private citizens and to pay to the aforesaid citizens, their heirs or assigns, prior to any and all other indebtedness of the aforesaid counties, ten per centum of the amount of the aforesaid donation or donations upon the maturity of each of the aforesaid certificates of indebtedness. Be it enacted by the General Assembly of the State of Georgia: Section 1. 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

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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 thereof; 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 to 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 the 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 inserting in section 12 of the said Act immediately following the words to the Constitution approved August 25th, 1931, on line number 22 of the said section, the following words, to wit: Provided, however, that where private citizens donated to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State, 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 provided, that the aforesaid private citizens were residing, at the time of their donation or donations, in counties with populations according to the 1930 census of not less than 19,505 and not more than 19,509 or not less than 10,615 and not more than 10,619, the governing authorities of the aforesaid counties are hereby

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authorized, empowered and directed to ascertain the amounts of the several donations made by the aforesaid private citizens and to pay to the aforesaid citizens, their heirs or assigns, prior to any and all other indebtedness of the aforesaid counties, ten per centum of the amount of the aforesaid donations or donation upon the maturity of each of the aforesaid certificates of indebtedness, so that when section 12 is amended it will read as follows: 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 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 25, 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 sub-division 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 where private citizens donated to any fund or funds used in the construction and/or paving of the public roads or highways (including bridges) of the State 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 provided, that the aforesaid private citizens were residing, at the time of their donation or donations, in counties with populations according to the 1930 census of not less than 19,505 and not more than 19,509 or not less than 10,615 or not more than

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10,619, the governing authorities of the aforesaid counties are hereby authorized, empowered and directed to ascertain the amounts of the several donations made by the aforesaid private citizens and to pay to the aforesaid citizens, their heirs or assigns, prior to any and all other indebtedness of the aforesaid counties, ten per centum of the amount of the aforesaid donation or donations upon the maturity of each of the aforesaid certificates of indebtedness, 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. Payments to citizens making donations to highway fund in counties with population of 19,505-19,509, and 10,615-10,619. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. ADAIRSVILLE TO PINE LOG (BARTOW) ROAD. NO. 234. An Act to amend an Act entitled Highway Mileage as same appears in Acts of Georgia Legislature, pages 260-268, and including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor Neill Bill and map aforesaid being designated in said Acts 1929 as the Traylor Neill map, so as to add to said map a road from Adairsville, Bartow County, on State Route 3, known as the Dixie Highway, to a point on State

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Route 61, mile from Pine Log, Bartow County, Georgia, a distance of approximately sixteen miles, to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance by the State Highway Department until such time as the road is formally designated as a State Aid road by the State Highway Board 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 certain Act of the Georgia Legislature known as the Traylor Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260-268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though drawn on said map, that certain road leading from Adairsville, located on Route 3, known as Dixie Highway, to a point in State Route 61, approximately one-half mile from Pine Log, Georgia, a distance of approximately sixteen miles. Ga. L. 1929, pp. 260-268; amendment. Road from Adairsville to Pine Log. Sec. 2. Be it further enacted, that by the addition to said map and the placing of said Road on said map there arises, no obligation either expressed or implied that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance on said road nor shall the addition of said road to said map entitle the county in which said road is located to receive its pro rata part of the first gasoline tax allocated to said county as to said road hereby added to said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map showing said road thereon be filed with Secretary of State as provided. Obligations not assumed by State or Highway Department. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Adairsville, Georgia, on Route 3, known as the Dixie Highway, to a point on State Route 61, about one-half mile

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from Pine Log, Georgia, a distance of approximately sixteen miles, as a State Aid Road, and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred (500) miles allowed in addition to the mileage shown on said map as provided in said Traylor Neill Bill. When to be designated as State-Aid Road. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. ADDITIONAL ROADS IN SEVERAL COUNTIES. No. 378. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point approximately four miles south of Hawkinsville on State Route No. 11 and connecting with State Route No. 7, so as to connect the county seats of Pulaski and Turner Counties, to wit, Hawkinsville and Ashburn, the road from Pelham in southern direction to Spence; the road from Pelham to Bainbridge by way of Vada, known as county line road; the road from Pelham to Sylvester by way of Sale City; the road from Pelham to Sylvester; the road from Sylvester to Ashburn; road from Riverdale in Clayton County to College Park in Fulton County; a certain road running in a southerly direction from Alamo, Ga. in Wheeler Co. on Route No. 30 to Route No. 15 at Jordan's still, a distance of approximately 12 miles; a road in Meriwether County, beginning at the City of Woodbury, Georgia, and connecting with Route 18, thence through Raleigh to Warm Springs and there connecting with the State Highway No. 41 and

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with State Highway to Columbus, Georgia and Fort Benning, so as to complete highway from Griffin, Georgia, to Columbus and Fort Benning by way of Warm Springs, Georgia. By adding a road in Meriwether County, beginning at Gay, connecting with Highway from Manchester to Fayetteville and running through Wooster and Rocky Mountain to Luthersville, Georgia, and there connecting with Route No. 41. By adding a road in Meriwether and Troup County, beginning at Greenville on Highway 41, the county site of Meriwether, and running through St. Marks to Hogansville, Georgia in Troup County and connecting with Highway at Hogansville leading to Franklin, the county site of Heard County. By adding a road beginning at the City of Fayetteville, Fayette County, and running through Kenwood, Rendale to Hapeville, the same being in Fayette County, Georgia, to provide that the addition of siad road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point approximately four miles south of Hawkinsville on State Route No. 11, running thence in a southwesterly direction through Finleyson, Pulaski County, Georgia, Pineview, Rochelle and Owensboro in Wilcox County, Georgia, thence to Rebecca in Turner County and thence to Ashburn, Turner County, Georgia, joining the state Route No. 7 at Ashburn, the purpose of this Act being to join the county

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seats in Pulaski and Turner counties, to-wit, Hawkinsville and Ashburn, the road from Pelham in southern direction to Spence; the road from Pelham to Bainbridge by way of Vada, known as county line road; the road from Pelham to Sylvester by way of Sale City; the road from Pelham to Sylvester; the road from Sylvester to Ashburn; road from Riverdale in Clayton County to College Park in Fulton County; a certain road running in a southerly direction from Alamo, Ga. in Wheeler Co. on Route No. 30 to Route No. 15 at Jordan's still a distance of approximately 12 miles; a road in Meriwether County, beginning at the City of Woodbury, Georgia, and connecting with Route 18, thence through Raleigh to Warm Springs and there connecting with the State Highway No. 41 and with State Highway to Columbus, Georgia and Fort Benning, so as to complete highway from Griffin, Georgia, to Columbus and Fort Benning by way of Warm Springs, Georgia. By adding a road in Meriwether County, beginning at Gay, connecting with Highway from Manchester to Fayetteville and running through Wooster and Rocky Mountain to Luthersville, Georgia, and there connecting with Route No. 41. By adding a road in Meriwether and Troup County, beginning at Greenville on Highway 41, the county site of Meriwether, and running through St. Marks to Hogansville, Georgia in Troup County and connecting with Highway at Hogansville leading to Franklin, the county site of Heard County. By adding a road beginning at the City of Fayetteville, Fayette County, and running through Kenwood, Rendale to Hapeville, the same being in Fayette County, Georgia. Roads added to those designated in Act of 1929. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the

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State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. When to be designated as State-Aid roads; obligations not assumed by State or Highway Department. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point approximately four miles south of Hawkinsville on State Route No. 11, running thence in a southwesterly direction through Finleyson, Pulaski County, Georgia, Pineview, Rochelle, and Owensboro in Wilcox County, Georgia, thence to Rebecca in Turner County and thence to Ashburn, Turner County, Georgia, joining the State Route No. 7 at Ashburn, the road from Pelham southern direction to Spence; the road from Pelham to Bainbridge by way of Vada, known as county line road; the road from Pelham to Sylvester by way of Sale City; the road from Pelham to Sylvester; the road from Sylvester to Ashburn; road from Riverdale in Clayton County to College Park in Fulton County; a certain road running in a southerly direction from Alamo, Ga. in Wheeler Co. on Route No. 30 to Route No. 15 at Jordan's still a distance of approximately 12 miles; a road in Meriwether County, beginning at the City of Woodbury, Georgia, and connecting with Route 18, thence through Raleigh to Warm Springs and there connecting with the State Highway No. 41 and with State Highway to Columbus, Georgia and Fort Benning, so as to complete highway from Griffin, Georgia, to Columbus and Fort Benning by way of Warm Springs, Georgia. By adding a road in Meriwether County beginning at Gay, connecting with Highway from Manchester to Fayetteville and running through Wooster and Rocky Mountain to Luthersville, Georgia, and there connecting with Route No. 41. By adding a road in Meriwether and Troup County, beginning at Greenville on Highway 41, the county site of Meriwether, and running through St. Marks to Hogansville, Georgia in Troup County and connecting with Highway at Hogansville leading to Franklin, the county site of Heard County. By adding a road beginning at the City of Fayetteville, Fayette County, and running through Kenwood, Rendale

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to Hapeville, the same being in Fayette County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. AILEY HALF-MILE ROAD. No. 225. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point in the town of Ailey, Georgia, where the main Street of Ailey, Georgia, intersects the Seaboard Air Line Railway tracks, and running thence in a southeasterly direction the full distance of the hard surfaced portion of said street to the home of Mr. J. M. D. Gregor, a distance of approximately one-half mile, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the

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Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point in the town of Ailey, Georgia, intersects the Seaboard Air Line Railway tracks, and running thence in a southeasterly direction the full distance of the hard-surfaced portion of said street to the home of Mr. J. M. D. Gregor, a distance of approximately one-half () mile. Road from Ailey, half-mile. Sec. 2. Be it further enacted that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be held responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point in the town of Ailey, Georgia, where the main street of Ailey, Georgia, intersects the Seaboard Air Line Railway tracks, and running thence in a south-easterly direction the full distance of the hard-surfaced portion of said street to the home of Mr. J. M. D. Gregor, a distance of approximately one-half () mile, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

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Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. ALBANY TO CORDELE ROAD. No. 219. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point three miles east on the Albany-Sylvester road, running thence in a northeasterly direction via Warwick and Oakfield in Worth County and connecting with Route 7 at the point where the present Albany-Cordele public road intersects said Route 7, the purpose of this act being to connect the county seats of Dougherty and Crisp Counties, to wit: Albany and Cordele, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point

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three miles east on the Albany-Sylvester road, running thence in a northeasterly direction via Warwick and Oakfield in Worth County and connection with Route 7 at the point where the present Albany-Cordele public road intersects said Route 7, the purpose of this Act being to connect the county seats of Dougherty and Crisp Counties, to wit, Albany and Cordele. Albany-Cordele road. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point three miles east on the Albany-Sylvester road, running thence in a northeasterly direction via Warwick and Oakfield in Worth County and connecting with Route 7 at the point where the present Albany-Cordele public road intersects said Route 7, the purpose of this Act being to connect the county seats of Dougherty and Crisp Counties, to wit, Albany and Cordele, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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ALBANY TO MOULTRIE ROAD. No. 47. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road running from Albany in Dougherty County, via Doerun in Colquitt County, to the City of Moultrie in Colquitt County; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road running from Albany in Dougherty County, via Doerun in Colquitt County, to the City of Moultrie, in Colquitt County. Albany-Moultrie road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road, nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as

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to said road hereby added on said map, unless and until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action as now provided by law, and a map showing said road thereon be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road running Albany in Dougherty County, via Doerun in Colquitt County, to the City of Moultrie in Colquitt County, as a State-aid Road; and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. AMERICUS-DAWSON ROAD. NO. 32. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road known as the Americus-Dawson public road, which will intersect State-aid Road No. 28, approximately three miles west of Americus at the Seaboard Air-Line Railway crossing and extends thence in a southwesterly direction along said Americus-Dawson public road through Sumter and Terrell Counties to a point of about two miles north of Dawson, Georgia, on State-aid Road No. 55 known as the Columbus-Albany road at a point where the Americus-Dawson

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Road crosses the Seaboard Air-Line Railroad; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on the said map, as fully and completely as though originally drawn on said map, that certain road known as the Americus-Dawson public road, which will intersect State-aid Road No. 28, approximately three miles west of Americus at the Seaboard Air Line Railway crossing, and extends thence in a southwesterly direction along said Americus-Dawson public road through Sumter and Terrell Counties to a point of about two miles north of Dawson, Georgia, on State-aid Road No. 55, known as the Columbus-Albany Road, at a point where the Americus-Dawson road crosses the Seaboard Air-Line Railroad. Americus-Dawson road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road, nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-aid road by the State Highway Board of Georgia by appropriate action as now provided by law, and a map showing said road thereon be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road known as the Americus-Dawson public road, which will intersect State-aid Road No. 28, approximately three miles west of Americus at the Seaboard Air-Line Railway crossing and extends thence in a southwesterly direction along said Americus-Dawson public road through Sumter and Terrell Counties to a point of about two miles north of Dawson, Georgia, on State-aid Road No. 55 known as the Columbus-Albany Road at a point where the Americus-Dawson Road crosses the Seaboard Air-Line Railroad, as a State-aid road; and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. AMERICUS TO BUENA VISTA ROAD. No. 384. An Act to increase the mileage of the State Aid Road System by adding thereto a highway beginning at Americus, in Sumter County, Georgia, and extending to Buena Vista, county seat of Marion County, Georgia, (by Friendship) a distance of approximately thirty miles. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of State Aid System of Roads, as provided for by chapter 95-17 (State Aid Roads), of the Code of 1933, be and the same is hereby increased by adding thereto a road beginning at Americus, the county seat of Sumter County, Georgia, and extending thence to Friendship, in Sumter County, and thence to Buena Vista, county

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seat of Marion County, Georgia, a distance of approximately thirty (30) miles. Americus-Buena Vista road. Sec. 2. That the State Highwy Board is authorized, empowered and directed to certify said Road as a part of the State Aid System, in the way and manner provided by law, and to provide for the construction, improvement, and maintenance of the same; together with all necessary bridges and approaches and all in conformity with the law. Sec. 3. Be it further enacted that, by the addition of said road on said map and placing of said road on said map, there arises no obligation, either expressly or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road, nor shall the addition of said road to said map entitle the county or counties, in which said road is located, to receive its prorata part of the one (1c) cent gasoline tax allocated to said county as to said road hereby added to said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action, as now provided by law and a map showing said road thereof filed with the Secretary of State, as now provided by law. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. BAINBRIDGE-FACEVILLE-CHATTAHOOCHEE-FLORIDA ROAD IN DECATUR COUNTY. No. 420. An Act to increase the mileage of the State Aid System of Public Highways by the addition of a road in Decatur County known as the Bainbridge-Faceville-Chattahoochee, Florida road, and being about twenty-two miles in length; also a road in Decatur County known as the Bain-bridge-Spring

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Creek-Reynoldsville road, and being about twenty-eight miles in length; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act the State Aid System of Public Highways or Roads shall consist of those now provided by law, and in addition thereto a State Aid Road or Highway in Decatur County known as the Bainbridge-Faceville-Chattahoochee, Florida road, and being about twenty-two miles in lenght; also a road in Decatur County known as the Bainbridge-Spring Creek-Reynoldsville and in Seminole County extending from Reynoldsville to Butler's Ferry on the Chattahoochee River road, and being about twenty-eight miles in length; also a road in Seminole County, Georgia, extending from Donalsonville via Desser to the Spring Creek road above described, about sixteen miles in length. Bainbridge-Faceville-Chattahoochee-Florida road. Sec. 2. That the State Highway Department is hereby authorized and empowered to immediately take over said roads and certify the same into the State Aid System of Roads and Highways and proceed to permanently improve the same. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. BRANTLEY AND CAMDEN COUNTY ROAD. No. 427. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from

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Atkinson on State Route No. 50 running south eight (8) miles in Brantley County, and ten (10) miles in Camden County, to a point one mile north of Woodbine, connecting with Coastal Highway No. 25; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Atkinson on State Route 50 and running south eight (8) miles in Brantley County, and ten (10) miles in Camden County, to a point one mile north of Woodbine and connecting with Coastal Highway No. 25 at such point one mile north of Woodbine. Brantley county-Camden county road. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Atkinson on State Route 50 and running

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south eight (8) miles in Brantley County, and ten (10) miles in Camden County, to a point one mile north of the town of Woodbine and connecting with Coastal Highway No. 25 at such point one mile north of Woodbine and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. BRUNSWICK TO ST. SIMONS ISLAND ROAD. No. 367. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of the said Acts of 1929, so as to add to said map a road from Brunswick, in Glynn County, to St. Simons Island, in Glynn County, a distance of approximately five (5) miles; to provide that the addition of said road on said map shall not require payment of gas tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State-aid Road by the State Highway Board 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 that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Act of 1929, be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on

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said map that certain road from Brunswick, in Glynn County, to St. Simons Island, in Glynn County, a distance of approximately five (5) miles; with the right and authority in the Highway Department to locate or relocate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State-aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Brunswick-St. Simons road. Sec. 2. Be it further enacted that, by the addition of said road on said map there arises no obligation on the part of the State, or the Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until said road, or any relocation thereof, is formally designated as a State-aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law. Sec. 3. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. BRYAN, LIBERTY, AND TATTNALL ROAD. No. 255. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point at Roding on State Route No. 30 in Bryan County and following the Hen Cart Road in a generally

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westerly direction by Taylor's Greek and to the point in Liberty County where the present Glennville-Hinesville Highway leaves the Hen Cart Road, so as to connect the county seats of Bryan and Tattnall Counties; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point at Roding on State Route No. 30 in Bryan County, and following the Hen Cart Road in a generally westerly direction by Taylor's Creek and to the point in Liberty County where the present Glennville-Hinesville Highway leaves the Hen Cart Road, so as to connect the county seats of Bryan and Tattnall Counties. Bryan-Liberty-Tattnall counties road. Sec. 2. Be it further enacted, that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point at Roding on State Route No. 30 in Bryan County, and following the Hen Cart Road in a generally westerly direction by Taylor's Creek and to the point in Liberty County where the present Glennville-Hinesville Highway leaves the Hen Cart Road, so as to connect the county seats of Bryan and Tattnall Counties, as a State-Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. CATOOSA COUNTY ROAD. No. 442. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Ringgold to Reed's Bridge in Catoosa 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together

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with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from Ringgold to Reed's Bridge in Catoosa County, Georgia. Road from Ringgold to Reed's Bridge. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1c gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Ringgold to Reed's Bridge in Catoosa County, Georgia, as a State-aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. CHATTOOGA AND FLOYD COUNTY ROAD. No. 369. An Act to increase the mileage of the State-Aid System of Roads by the addition thereto of a road beginning on State Road No. 114 at or near the incorporated limits of

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Lyerly, Georgia, in Chattooga County, Georgia and connecting with State Road No. 20, at Clark's Store, a total distance of approximately thirteen (13) miles; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State-aid System of roads be and the same is hereby increased by the addition thereto of a road beginning on State Road No. 114 at or near the incorporated limits of Lyerly, Georgia, in Chattooga County, and running by way of Taliaferro to Holland, Georgia, and thence to the Floyd County Line at Sprite or Tulip, Georgia, and connecting with State Road No. 20 at Clark's Store in Floyd County, Georgia, being a total distance of approximately thirteen (13) miles. Road from Lyerly, Chattooga county, to Clark's store Floyd county. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify said road as a part of the State-aid System of Roads in the way and manner provided by law, and as soon as practical, provide for the construction, maintenance and improvement of the same in conformity with the law. Sec. 3. That laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CLARKESVILLE TO LAKE BURTON ROAD. No. 327. An Act to increase the mileage of the State-aid System of Roads by the addition thereto of a road beginning in the city limits of Clarkesville, Habersham County, Georgia, at the bridge over the Soque River on State Route No. 115, and running thence in a northerly direction to Lake Burton, and to the county line of Rabun County; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State-aid System of Roads be and the same is hereby increased by the addition thereto of a road beginning in the city limits of Clarkesville, Habersham County, Georgia, at the bridge over the Soque River on State Route No. 115, and running thence in a northerly direction to Lake Burton, and to the county line of Rabun County. Road from Clarkesville to Lake Burton and county line. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify the above described road as a part of the State-aid System of Roads, and as soon as practicable to provide for the maintenance and construction of the same in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. CLINCH, ECHOLS, AND LANIER COUNTY ROAD. No. 429. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Homerville, Clinch County, Georgia, to Statenville, in Echols County, Georgia, a distance of approximately thirty-two (32) miles, and also a road leading from State Route No. 38 in Clinch County, Georgia, to a point on State Route No. 31 in Lanier County, Georgia, a distance of approximately eighteen (18) miles; 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Homerville, Clinch County, Georgia, to Statenville, in Echols County, Georgia, a distance of approximately thirty-two (32) miles, and also a road leading from State Route No. 38 in Clinch County, Georgia, to a point on State Route No. 31 in Lanier County, Georgia, a distance of approximately eighteen (18) miles. Road from Homerville to Statenville, and road in Clinch and Lanier counties. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Homerville, Clinch County, Georgia, to Statenville, in Echols County, Georgia, and also a road leading from State Route No. 38 in Clinch County, Georgia, to a point on State Route No. 31 in Lanier County, Georgia, as a State-aid Road; and if and when said road is so designated by said State Highway Department of Georgia said

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road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. COASTAL HIGHWAY DISTRICT BONDS. NO. 407. An Act to amend an Act approved August 18th, 1924, and entitled: An Act to prescribe the rights, duties and responsibilities of `The Coastal Highway District,' a highway paving district to be composed of Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden Counties, to prescribe the duties of the Commissioners of said District, to provide for the issuance of bonds, the expenditures of funds and other matters and things relating to the administration of said highway district as created by a constitutional amendment passed by the Legislature of Georgia at its section in 1924 to be ratified at the subsequent general election, and for other purposes, so as to provide for the payment of its bonds, and the expenditure of and distribution to the counties of the district of the funds coming into its hands in excess of the principal and interest of outstanding bonds of the District; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that within ninety (90) days after the approval of this Act, the Board of Coastal Highway Commissioners created and operating under the provisions of this Act stated in the caption thereof, and the treasurer and fiscal agent of the Board of Coastal Highway Commissioners, are hereby authorized and directed to set aside and allocate a sufficient number and amount of State highway certificates issued to said Coastal Highway District under the Act of the Legislature of Georgia of 1933, to pay the principal and

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interest on all of its outstanding bonds maturing during the year 1936, and subsequent years, and to set aside and retain sufficient of the certificates as in the opinion of the Commission, may be necessary to cover its operating expense. The highway certificates then remaining in the hands of said Board of Coastal Highway Commissioners (or the treasurer or fiscal agent thereof), over and above those set apart and allocated, as above directed, shall be divided, transferred and delivered to the counties of the district, in the same proportions as the original assessment was levied against each county. Allocation of highway certificates to pay bonds of Coastal Highway District, etc. Sec. 2. Be it further enacted, that upon the complete retirement of all the bonds of the Coastal Highway District, if any funds remain in the treasury, these funds shall be paid to the several counties of the disctrict in the proportion aforesaid; and the minutes of the secretary and the official records of the commission shall be deposited with the clerk of the Superior Court of Chatham County, Georgia, and the commission shall then dissolve and cease to exist. When Coastal Highway District Commission ceases to exist. Sec. 3. All Acts that may be in conflict with this Bill are hereby repealed. Approved March 28, 1935. COBB COUNTY ADDED MILEAGE. NO. 228. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Marietta out Powder Springs Street to a point on State Route 6 at or near Clarke's Thread Mill, a distance of approximately ten (10) miles, to provide that the addition

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of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Taylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from Marietta out Powder Springs Street to a point on State Route 6 at or near Clarke's Thread Mill, a distance of approximately ten (10) miles. Road from Marietta out Powder Springs St. to Clarke's Thread Mill. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Marietta out Powder Springs Street to a point on State Route 6 at or near Clarke's Thread Mill, a distance of approximately ten (10) miles, as a State-aid Road; and if and when said road is so designated by said State Highway

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Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. COBBTOWN TO McLEOD ROAD. WRIGHTSVILLE TO SOPERTON ROAD. No. 263. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from State Route No. 4 near McLeod, Georgia, to State Route 23 at or near Cobbtown, Georgia, a distance of approximately twenty-two (22) miles; also a road leading from Wrightsville, Johnson County, Georgia, to Soperton, Treutlen County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State-Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929,

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be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road leading from State Route No. 4 near McLeod, Georgia, to State Route No. 23 at or near Cobbtown, Georgia, a distance of approximately twenty-two (22) miles, also a road leading from Wrightsville, Johnson County, Georgia, to Soperton, Treutlen County, Georgia. McLeod-Cobbtown road; Wrightsville-Soperton road. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State-Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road to leading from State Route No. 4 near McLeod, Georgia, to State Route No. 23 at or near Cobbtown, Georgia, also a road leading from Wrightsville, Johnson County, Georgia, to Soperton, Treutlen County, Georgia, as a State-Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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COMMERCE TO MAYSVILLE ROAD. NO. 322. An Act to increase the mileage of the State-aid Road System by the addition thereto of a highway beginning at a point in the City of Commerce, Jackson County, Georgia, and running thence in a northwesterly direction, ending at the city limits of Maysville, Jackson County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at a point on State Route No. 15 in the City of Commerce, Jackson County, Georgia, and running thence in a northwesterly direction and joining with State Route No. 98 at a point in the City of Maysville, Jackson County, Georgia. Commerce-Maysville road. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify said road as a part of the State-aid System in the way and manner provided by law and as soon as practical, provide for the construction, improvement and maintenance of the same in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CONYERS TO JONESBORO ROAD. NO. 135. An Act to amend the Highway Mileage Act, known as the Neill-Traylor Act, and the map of the State Aid System of Roads thereto attached, as set out in Georgia Laws of 1929, pages 260-268 and approved on August 20, 1929.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section 1 of above Act, as shown on page 265 of Georgia Laws, 1929, be and the same is hereby amended by adding to said section to immediately follow the word Miles the following to-wit: Part of the State Aid System of Roads of Georgia, shall be a road leading from Conyers, via Smyrna Camp Ground and Union Church (or the vicinity thereof) to Jonesboro, said two towns being the county seats of Rockdale and Clayton Counties, respectively, and the map of said system of roads, attached to said Act as a part thereof, is hereby amended to include and embrace said road. Conyers-Jonesboro road. Sec. 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 15, 1935. DECATUR (DeKALB), McDONOUGH, AND GRIFFIN ROAD. NO. 421. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at Decatur proceeding south out Candler Street, thence by way ofin DeKalb County, thence by Whitehouse Store in Henry County to McDonough, a distance of about twenty-five (25) miles, and thence by way of Louella in Henry County, a distance of about twelve (12) miles to paved highway Route No. 16, thence on into Griffin, the county site of Spalding County, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the

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State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Decatur proceeding south out Candler Street, thence by way ofin DeKalb County, thence by Whitehouse Store in Henry County to McDonough, a distance of about twenty-five (25) miles, and thence by way of Louella in Henry County, a distance of about twelve (12) miles to paved highway Route No. 16, thence on into Griffin, the county site of Spalding County. Decatur, McDonough, Griffin road. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be field with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Decatur preceding south out Candler Street,

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thence by way ofin DeKalb County, thence by Whitehouse Store in Henry County to McDonough, a distance of about twenty-five (25) miles, and thence by way of Louella in Henry County, a distance of about twelve (12) miles to paved highway Route No. 16, thence on into Griffin, the county site of Spalding County, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. DODGE COUNTY ROAD; MILAN TO CHAUNCEY. NO. 422. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, page 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from State Highway No. 30 at Milan in Dodge County, Georgia, to State Highway No. 27 at Chauncey in Dodge 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on

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said map, that certain road from State Highway No. 30 at Milan in Dodge County, Georgia, to State Highway No. 27 at Chauncey in Dodge County, Georgia, a distance of approximately six (6) miles. Dodge County road; Milan to Chauncey. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from State Highway No. 30 at Milan in Dodge County, Georgia, to State Highway No. 27 at Chauncey in Dodge County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. DOUGLAS, PAULDING, AND CARROLL COUNTY ROAD. NO. 236. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of

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1929, pages 260 through 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill map, so as to add to said map a road from Douglasville, Douglas County out Rose Avenue and intersecting State Route No. 16 at or near Whitesburg, Carroll County, a distance of approximately eighteen (18) miles, so as to complete a [road] from County Site to County Site Highway from Douglasville to Newnan and also the road leading north from Villa Rica, Carroll County, known as the Veal Highway, and continuing through Paulding County intersecting the Dallas-Rockmart Highway near Rockmart, a total distance of approximately eighteen (18) miles and to give preference to same and To provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from Douglasville, Douglas County out Rose Avenue in or near Billarp and Daniells in or near McQuerter, Tyre and Hanna and intersecting Douglas and Carroll County line at or near Mount Zion Church and into Carroll County to a point in or near Whitesburg, there intersecting State Road No. 16, a distance of approximately eighteen (18) miles, said mileage is for the completion of a [road] from County Site to County Site Highway from Newnan-Coweta Counties to Douglasville, Douglas County as

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shown on said Traylor-Neill map as amended by this Act; and also the road leading north from Villa Rica, Carroll County, known as the `Veal Highway', passing through the communities of Fullerville and Wesley Chapel, and continuing through Paulding County through the communities of Concord, Union, Beulah, and Yorkville into the Dallas-Rockmart Highway near Rockmart, a total distance of approximately eighteen (18) miles, as amended and approved by this Act. Douglas-Carroll-Paulding counties road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road and mileage as described in section 1 of this Act, and place same on said Traylor-Neill map as State Aid Road; and to give preference of designation and construction over all roads not included at the date of the approval of this Act in said Traylor-Neill map. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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EARLY AND SEMINOLE COUNTY ROADS. NO. 445. An Act to increase the mileage of the State Aid System of Public Highways by the addition of a road from State Route or Highway No. 1, at Blakely, Early County, to the junction of State Routes or Highways Nos. 91 and 38 at Donalsonville, in Seminole County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passge and approval of this Act the State Aid System of Public Highways or Roads shall consist of those now provided by law, and in addition thereto a State Aid Road or Highway No. 1 at Blakely, Early County, Georgia, extending through Early County, Miller County, and Seminole County, to the junction of State Routes or Highways Nos. 91 and 38 at Donalsonville, in Seminole County, Georgia. Blakely-Donalsonville road. Sec. 2. That the State Highway Department is hereby authorized and empowered to immediately take over said road and certify the same into the State Aid System of Roads and Highways and proceed to permanently improve the same. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. EASTMAN TO LUMBER CITY ROAD. NO. 237. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map

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aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road continuing State Aid Road No. 117, from Eastman, Dodge County, Georgia, by Rhine to Jacksonville, from Jacksonville easterly and southeasterly to Lumber City, Telfair County, Georgia, so as to connect State Aid Roads 31, 27, and 15, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action, and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road continuing State Aid Road No. 117 from Eastman, Dodge County, Georgia, by Rhine to Jacksonville, from Jacksonville easterly and southeasterly to Lumber City, Telfair County, Georgia, so as to connect State Aid Roads 31, 27 and 15. Eastman-Jacksonville-Lumber City road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road continuing State Aid Road No. 117 from Eastman, Dodge County, Georgia, by Rhine to Jacksonville, from Jacksonville easterly and southeasterly to Lumber City, Telfair County, Georgia so as to connect State Aid Roads 31, 27, and 15, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. EFFINGHAM COUNTY ROAD. NO. 168. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at Old Ebenezer Church in Effingham County, Georgia, and running in the most practical, and as nearly as possible, the direct route west to the Washington Highway, known as State Route No. 21, and intersecting with said State Highway No. 21 about three miles south of Springfield, and about five miles north of Rincon, Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road

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by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Act of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Old Ebenezer Church in Effingham County, Georgia, and running in the most practical, and as nearly as possible, the direct route west to the Washington Highway, known as State Route No. 21, and intersecting with said State Highway No. 21 about three miles south of Springfield, Georgia, and about five miles north of Rincon, Georgia. Effingham county road. Sec. 2. Be it further enacted, that, by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitled the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Old Ebenezer Church in Effingham County, Georgia, and running in the most practical, and as nearly as possible, the direct route west to the Washington Highway,

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known as State Route No. 21, and intersecting with said State Highway No. 21 about three miles south of Springfield, Georgia, and about five miles north of Rincon, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 19, 1935. ELLAVILLE TO ANDERSONVILLE ROAD. NO. 28. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from a point at or near Ellaville, Schley County, Georgia, to a point at or near Andersonville, Sumter County, Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and

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the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road leading from a point at or near Ellaville, Schley County, Georgia, to a point at or near Andersonville, Sumter County, Georgia. Ellaville-Andersonville road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law, and a map showing said road thereon be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road leading from a point at or near Ellaville, Schley County, Georgia, to a point at or near Andersonville, Sumter County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. ELMODEL, MILFORD, AND ARLINGTON ROAD. NO. 288. An Act to amend an Act approved August 20, 1929 designating the highway mileage by adding additional mileage

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from Elmodel through Milford to Arlington, Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act the highway leaving State Highway No. 37 at Elmodel Bridge and running through Milford, Georgia, to State Highway No. 45 leading into Arlington, Georgia, (a distance of approximately 10 miles) shall be added to the Neill-Traylor Map of Georgia. Elmodel-Milford-Arlington road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1935. FORSYTH AND JACKSON COUNTY ROAD. No. 230. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the

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Traylor-Neill Map, so as to add to said map a road leading from a point on State Route No. 9 in Forsyth County, Georgia, to a point on State Route No. 124 in Jackson County, Georgia; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route No. 9 in Forsyth County, Georgia, to a point on State Route No. 124 in Jackson County, Georgia. Forsyth County-Jackson County road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road begining

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at a point on State Route No. 9 in Forsyth County, Georgia, and ending at a point on State Route No. 124 in Jackson County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia, said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. FORSYTH, DAWSON, AND LUMPKIN COUNTY ROAD. No. 241. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point on State Route No. 9, known as Double Bridges, approximately six miles north of Cumming, running thence in a northerly direction across Route 53 at or near Lumpkin Camp Ground and back into Route 9, at a point at or near what is known as Cane Creek Bridge in Lumpkin County, or any relocation thereof, said road being in Forsyth, Dawson and Lumpkin Counties, and being an approximate distance of twenty-five miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; 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 certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route No. 9, known as Double Branches, approximately six miles north of Cumming, running thence in a northerly direction across Route 53 at or near Lumpkin Camp Ground and back into Route 9, at a point at or near what is known as Cane Creek Bridge in Lumpkin County, or any relocation thereof, said road being in Forsyth, Dawson and Lumpkin Counties and being an approximate distance of twentyfive miles. Forsyth-Lumpkin-Dawson counties road. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point on State Route No. 9, known as Double Bridges, approximately six miles north of Cumming, running thence in a northerly direction across Route 53 at or near Lumpkin Camp Ground and back into Route 9, at

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a point at or near what is known as Cane Creek Bridge in Lumpkin County, or any relocation thereof, said road being in Forsyth, Dawson and Lumpkin Counties and being an approximate distance of twenty-five miles, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. FORSYTH, DAWSON, AND LUMPKIN COUNTY ROAD. No. 311. An Act to increase the mileage of the State Aid Road System by the addition thereto of a highway beginning at a point on State Route No. 9 at Doubles Branches, running thence to George Wallace's store, and thence by I. B. Whitmire's place, the Lumpkin Camp Ground and up by Harmony Church, thence by the Miller Place, known as the town of Aurora, and on into Route No. 9 at what is known as Cain Creek; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid Road System, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at a point on State Route No. 9 at Doubles Branches, running thence to George Wallace's store, and thence by I. B. Whitmire's place, the Lumpkin Camp Ground and up by Harmony Church, thence by the Miller Place, known as the town of Aurora, and on into Route No. 9 at what is known as Cain Creek, an approximate distance of twenty (20) miles, in Forsyth, Dawson, and Lumpkin Counties. Road in Forsyth, Lumpkin, Dawson counties.

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Sec. 2. That the State Highway Board of Georgia is hereby authorized, and empowered, to certify said road as a part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same in conformity with the law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. FORT GAINES AND BLAKELY ROAD. No. 416. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, so as to add to said map a road from Fort Gaines, in Clay County, Georgia, to Blakely, in Early County, Georgia, a distance of approximately 20 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board 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 that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on said map that certain road from Fort Gaines in Clay County, Georgia, to Blakely in Early County, Georgia, a distance of 20 miles, with the right and authority in the Highway Department

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to locate or relocate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Road from Ft. Gaines to Blakely. Sec. 2. Be it further enacted, that by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until said road, or any relocation thereof, is formally designated as a State Aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law. Sec. 3. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. FORT GAINES AND BLAKELY ROAD. No. 426. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from State Highway or Route No. 39 at Fort Gaines, Georgia, to State Highway or Route No. 1 at Blakely, 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 that certain Act of the Georgia Legislature

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known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from State Aid Road or Highway No. 39 at Fort Gaines, Clay County, Georgia, to State Aid Road or Highway No. 1 at Blakely, Early County, Georgia. Road from Ft. Gaines to Blakely. See next preceding Act. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from State Highway or Road No. 39 at Fort Gaines, Clay County, Georgia, to State Road or Highway No. 1 at Blakely, Early County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935.

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FORT VALLEY TO REYNOLDS ROAD. NO. 238. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map oposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road directly from Fort Valley, the county seat of Peach County, to Reynolds, in Taylor County, Georgia, and connecting at or near Reynolds, Georgia, with State Route No. 96; said road to be as direct a road from Fort Valley to Reynolds as is reasonable and practical from an engineering standpoint, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road directly from Fort Valley, the county seat of Peach County, to Reynolds, in Taylor County, Georgia, and connecting at or near Reynolds, Georgia, with State Route No. 96; said road to be as direct a road from Fort Valley to Reynolds as is reasonable and practical from an engineering standpoint. Road from Fort Valley to Reynolds. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied,

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that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road directly from Fort Valley, the county seat of Peach County, to Reynolds, in Taylor County, Georgia, and connecting at or near Reynolds, Georgia, with State Route No. 96; said road to be as direct a road from Fort Valley to Reynolds as is reasonable and practical from an engineering standpoint; as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. FRANKLIN COUNTY ADDED MILEAGE. NO. 242. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map

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aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at the residences of Belton Teat and C. E. Bryant, about two and one-half (2) miles west of the town of Royston on State Highway No. 8, and running in a northwesterly direction to the intersection of said road with State Highway No. 51 at a point about one-quarter () mile west of Starr's Bridge on said Highway No. 51, said additional mileage being exactly four (4) miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at the residences of Belton Teat and C. E. Bryant, about two and one-half (2) miles west of the town of Royston on State Highway No. 8, and running in a northwesterly direction to the intersection of said road with State Highway No. 51 at a point about one-quarter () mile west of Starr's Bridge on said Highway No. 51, said additional mileage being exactly four (4) miles. Four miles added to road in Franklin County. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county

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or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at the residences of Belton Teat and C. E. Bryant about two and one-half (2) miles west of the town of Royston on State Highway No. 8, and running in a northwesterly direction to the intersection of said road with State Highway No. 51 at a point about one-quarter () mile west of Starr's Bridge on said Highway No. 51, said additional mileage being exactly four (4) miles, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith or hereby repealed. Approved March 22, 1935. FULTON AND DOUGLAS COUNTY ROAD. NO. 283. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, so as to add to said map a road from intersection of Lee Street and Campbellton Road, in Fulton County, Georgia, to the Fairburn Douglasville State Road, near Old Jack's church in Douglas County, Georgia, a distance of approximately

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15 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board 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 that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on said map that certain road fromin County, Georgia, toinCounty, Georgia, a distance of miles, with the right and authority in the Highway Department to locate or relocate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Road described. Sec. 2. Be it further enacted that, by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until said road, or any relocation thereof, is formally designated as a State Aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law. Sec. 3. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1935.

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FULTON COUNTY ADDED MILEAGE. NO. 363. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a highway in Fulton County, beginning at the intersection of Piedmont Road and North Boulevard and traversing said North Boulevard in a Southerly direction 1.51 miles, intersecting with Ponce de Leon Avenue, thence continuing in a southerly direction along Boulevard 5.83 miles, intersecting McDonough Road; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a highway in Fulton County, beginning at the intersection of Piedmont Road and North Boulevard and traversing said North Boulevard in a southerly direction 1.51 miles, intersecting with Ponce de Leon Avenue, thence continuing in a southerly direction along Boulevard 5.83 miles, intersecting McDonough Road, the total length of the above described road being 7.34 miles. Added mileage on Boulevard in Fulton County. Sec. 2. That the State Highway Board is hereby authorized and empowered to certify said road as a part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same together with all the necessary bridges and approaches thereon, in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935.

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FULTON COUNTYUNION ROAD. No. 282. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a highway in Fulton County beginning at Old Campbellton Road, running southwesterly along Butner Road, thence along Tell Road southwesterly to Merk Road, thence along Merk Road to Stonewall-Tell Road, thence along Stonewall-Tell Road to Roosevelt Highway; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road in Fulton County beginning at the intersection of Butner Road and Old Campbellton Road (sometimes called Byram Road), near the A. B. C. Railroad, just west of Ben Hill, Georgia, and following thence southwesterly along Butner Road a distance of 1.2 miles to Tell Road, in a southwesterly direction to a distance of about 0.8 miles to the intersection of said Tell Road with Merk Road, thence following in a southwesterly direction along or near Merk Road a distance of about 5.2 miles to the intersection with Stonewall-Tell Road, thence following along said Stonewall-Tell Road in a general southerly and easterly direction a distance of about three miles to the intersection of said Stonewall-Tell Road with the Roosevelt Highway, the total length of which designated road is about 10.2 miles, and this to be known as Union Road. Union Road in Fulton County. Sec. 2. That the State Highway Board is hereby authorized and empowered to certify said road as a part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same together with all necessary bridges and approaches thereon, in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1935.

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GENERAL DAVID BLACKSHEAR HIGHWAY. No. 323. An Act to increase the mileage of the State Aid Road System by the addition thereto of a highway, to be known as the General David Blackshear Highway, beginning at a point on State Route No. 64 at Lane's Bridge, and running thence in a southerly direction by the nearest route to a point on Route 27 to Surrency, Wayne County, Georgia, thence to Bristol, Georgia, and connecting with State Route No. 38 in the City of Blackshear, Pierce County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid system of roads, as provided by section 95-1701 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road to be known as the General David Blackshear Highway (in honor of General David Blackshear, a brave Indian fighter of the War of 1812) beginning at a point on State Route No. 64 at Lane's Bridge, and running thence in a southerly direction by the nearest route to a point on Route 27 to Surrency, Wayne County, Georgia, thence to Bristol, Georgia, and connecting with State Route No. 38 in the City of Blackshear, Pierce County, Georgia. Blackshear Highway in Wayne and Pierce Counties. Sec. 2. That the State Highway Board is hereby authorized and empowered to certify said road as part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same, together with suitable markers to designate and name said road as herein provided, as soon as practicable in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935.

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GEORGIA-FLORIDA MILITARY HIGHWAY. No. 125. An Act to establish and define the Georgia-Florida Military 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 Georgia-Florida Military Highway, when funds are available and highway surveyed, for said Military Highway, which highway is defined as follows: Beginning at Columbus, Georgia, thence to Fort Benning, Georgia, thence to or near Cusseta, Georgia, and proceeding thence along said State Highway No. 1 to or near Lumpkin, Georgia, and to or near Cuthbert, Georgia; thence from Cuthbert, Georgia, to or near Bainbridge, Georgia; thence from Bainbridge, Georgia, to or near Faceville, Georgia; thence along or near what is known as the Faceville-Chattahoochee Road to the Florida line in or near Chattahoochee, Florida. Highway from Columbus to Florida line. Sec. 2. Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict are hereby repealed. Approved March 15, 1935. GLYNN, BRANTLEY, AND PIERCE COUNTY ROAD. No. 317. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Acts hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill map, so as to add to said map a road from a

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point ten (10) miles north of Brunswick on State Route 27, running west in Glynn County eleven (11) miles, and in Brantley County twenty (20) miles, and in Pierce County six (6) miles, connecting with State Routes 32 and 38 at Patterson; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with a map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from a point ten (10) miles north of Brunswick on State Route 27, running west in Glynn County eleven (11) miles, and in Brantley County twenty (20) miles, and in Pierce County six (6) miles, connecting with State Routes 32 and 38 at Patterson, a distance of approximately thirty-seven (37) miles. 37 miles in Glynn, Brantley, and Pierce counties. Sec. 2. Be it further enacted, that by the addition of said road on said map the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map showing said road thereon, be filed with the Secretary of State, as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from a point ten (10) miles north of Brunswick on State Route 27, running west in Glynn County eleven (11) miles, and in

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Brantley County twenty (20) miles, and in Pierce County six (6) miles, connecting with State Routes 32 and 38 at Patterson, as a State Aid Road, and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1935. GORDON AND CHEROKEE COUNTY ROAD. No. 433. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Fairmount in Gordon County, Georgia, to State Highway No. 20, near Waleska in Cherokee 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said Bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from State Route No. 53 at Fairmount in Gordon County, Georgia, to State Route No. 20, two miles west of Waleska in Cherokee County, Georgia,

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said road to run from said Route 53 to said Route 20, through Sallicoa Valley, and intersect with said Route 20 at a point approximately two miles west of Waleska, a distance of approximately 12.5 miles. Road in Gordon and Cherokee counties. 12.5 miles. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Fairmount in Gordon County, Georgia, to State Highway No. 20, near Waleska in Cherokee County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. GRAY TO IRWINTON ROAD. No. 235. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby

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amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point on State Route No. 22 at or near Gray, Jones County, Georgia, and leading to a point on State Route No. 57 at or near Irwinton, Wilkinson County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point at or near Gray, Jones County, Georgia, on State Route No. 22, and leading to a point on State Route No. 57 at or near Irwinton, Wilkinson County, Georgia. Road from Gray to Irwinton. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point on State Route No. 22 at or near Gray, Jones County, Georgia, and leading to a point on State Route No. 57 at or near Irwinton, Wilkinson County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. HALL, BANKS, AND FRANKLIN COUNTY ROAD. No. 292. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) as amended by an Act approved March 24, 1933 (Acts 1933, pages 176 to 178, inclusive) designating the highway mileage, by adding additional mileage from Lula, Hall County, Georgia, through a portion of Hall County, Banks County and Franklin County, to a point on State Highway No. 59; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, that on and after the passage of this Act the State Highway mileage be and the same is hereby increased by adding thereto a road beginning in the town of Lula, Hall County, Georgia, at a point on State Highway No. 13 and running thence a southeast direction a distance of approximately twelve miles to an intersection with State Highway No. 15, within the town of Homer, Banks County, Georgia, thence with said State Highway No. 15 to a point

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approximately one mile east from the said town of Homer, the same being the place where the Old Federal Road leaves said State Highway No. 15, thence with, along or near the said Old Federal Road a southeasterly course through said Banks County and Franklin County to an intersection with State Highway No. 59, in the County of Franklin, approximately ten miles, the total addition being approximately twenty-two miles. Road from Lula to Banks and Franklin counties, 22 miles. Sec. 2. Be it further enacted by the authority aforesaid, that the map showing the highway mileage of Georgia, between pages 268 and 269, Acts 1929, be and the same is hereby amended so as to include and show said road, or roads, from Lula to Homer and from Homer to Carnesville, Franklin County, Georgia, through said portions of Hall, Banks and Franklin Counties, as a part and parcel of said State Aid Highway System of Georgia. Sec. 3. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia of the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are and the same are hereby repealed. Approved March 25, 1935.

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HALL TO LUMPKIN OR DAWSON COUNTY ROAD. No. 233. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at or near Gainesville, Hall County, Georgia, crossing Route No. 9 and extending to a point on Route 43 in Lumpkin or Dawson Counties, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point at or near Gainesville, Hall County, Georgia, crossing State Route No. 9, and extending to a point on State Route No. 43 in Lumpkin or Dawson Counties. Road from Gainesville. Sec. 2. Be it further enacted that, by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia, shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle

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the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at or near Gainesville, Hall County, Georgia, crossing State Route No. 9, and extending to a point on Route 43 in Lumpkin or Dawson Counties, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. HARRIS, MERIWETHER, AND UPSON ROAD. No. 345. An Act to amend an Act approved August 29, 1929, (Acts 1929, pages 260-268, inclusive) and amended by Acts approved March 24, 1933, (Acts 1933, pages 176-178 inclusive) designating the Highway Mileage by adding additional mileage from Shiloh through Manchester, Mitchell Gap and Pleasant Hill to Thomaston, the county site of Upson, and by adding road from Pleasant Hill to Woodland on Route No. 41. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same,

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that on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding thereto a road beginning at Shiloh in Harris County and running through Manchester, Mitchell Gap and Pleasant Hill to Thomaston, the county site of Upson County and by adding a road from Pleasant Hill to Woodland joining Route No. 41. Road from Shiloh. Sec. 2. Be it further enacted, that the map showing the Highway Mileage between pages 268 and 269 of said Act of 1929 be, and the same is hereby amended so as to show said roads described in section 1 of this Act as a part of the State Highway System of Georgia. Sec. 3. Be it further enacted, that this Act shall not have the effect of certifying said proposed road into the new State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 28, 1935. HINESVILLE TO CLYDE TO SAVANNAH ROAD. No. 419. An Act to increase the mileage of the State Aid Road System by adding thereto a highway beginning at Hinesville, in Liberty County, Georgia, connecting with State Highway No. 38 and extending to Clyde, the county seat of Bryan County and thence to a point at or near Savannah, Georgia, connecting with State Routes 21, 25 and 26, a distance of approximately 35 miles; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of State Aid System of Roads as provided for by chapter 95-17 (State Aid Roads) of the

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Code of 1933, be and the same is hereby increased by adding thereto a road beginning at Hinesville, the county seat of Liberty County, connecting with State Highway No. 38 and extending thence to Clyde, the county seat of Bryan County and thence to Savannah, the county seat of Chatham, connecting with State Roads No. 21, 25 and 26, a distance of approximately 35 miles. Road from Hinesville to Clyde and Savannah. Sec. 2. That the State Highway Board is hereby authorized and empowered to certify said road as a part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same together with all necessary bridges and approaches thereon, in conformity with the law. Sec. 3. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. JACKSON (BUTTS) TO MACON ROAD. No. 232. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby

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amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road extending from a point near Jackson, Butts County, Georgia, to Macon in Bibb County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road extending from a point near Jackson, Butts County, Georgia, to Macon in Bibb County, Georgia. Road from Butts County to Macon. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road extending from a point near Jackson, Butts County, Georgia, to Macon in Bibb County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. JEFFERSON COUNTY ADDED MILEAGE. No. 351. An Act to amend an Act approved August 20, 1929 (Acts of 1929, pages 260 to 268 inclusive) designating the Highway Mileage by additional mileage in Jefferson County, Georgia from Louisville to Avera. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding the road running from Louisville to Avera in said County. The said additional mileage amounting to approximately 17 miles. Road from Louisville to Avera. Sec. 2. Be it further enacted, that the map showing Highway Mileage between pages 268 and 269 in said Act, be and the same is hereby amended so as to show said road from Louisville to Avera. Sec. 3. That said bill shall not have the effect of certifying said proposed road into now State Aid System, until so certified by the State Highway Board of Georgia as provided in said Act of 1929.

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Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1935. JEFFERSON COUNTY ROAD. No. 314. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Harts Grove Church on State Route 17 in Jefferson County, Georgia, to Wrens, 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from a point at Harts Grove Church where said road intersects with State Route 17 in Jefferson County, and running in an easterly direction to Wrens, and intersecting with Federal Highway No. 1 at Wrens. Road from Harts Grove Church to Wrens. Sec. 2. Be it further enacted, that by the addition of said road on said map the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the

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addition of said road to said map entitle the county or counties in which said road is located to receive its pro rate part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and map showing said road thereon, be filed with the Secretary of State, as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from a point at Harts Grove Church where said road intersects with State Route 17 in Jefferson County, and running in an easterly direction to Wrens, and intersecting with Federal Highway No. 1 at Wrens, as a State Aid Road, and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. LA GRANGE THROUGH GLENN TO ALABAMA. No. 243. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point on State Route No. 14 at or near La Grange, Troup County, Georgia, through Glenn in Heard County, Georgia, to the Alabama State Line, to provide that the

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addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route No. 14 at or near La Grange, Troup County, Georgia, through Glenn in Heard County, Georgia, to the Alabama State Line. Road from La Grange to Glenn and Alabama line Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be esponsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point on State Route No. 14 at or near La Grange, Troup County, Georgia, through Glenn in Heard County, Georgia, to the Alabama State Line, as a State Aid Road;

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and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. LAMAR AND PIKE COUNTY ROAD. NO. 347. An Act to increase the State Aid System of Public Roads or Highways by the addition of a road from Route No. 7 at Milner, in Lamar County, Georgia to Route No. 18, about three miles east of Zebulon, in Pike County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, the State Aid System of Public Roads or Highways shall consist of those roads or highways now authorized by law and in addition thereto a road leading from State Route or Highway No. 7 at Milner, in Lamar County, Georgia, in a westerly direction to State Aid Route or Highway No. 18, about three miles east of Zebulon in Pike County, Georgia, said road shall extend from said Route No. 7 at Milner and intersect with said Route No. 18 at the intersection of what is known as the Zebulon Milner Public Road with the Zebulon Barnesville public road at the George Ridley place, three miles east of Zebulon. Road in Lamar and Pike Counties. Sec. 2. That the State Highway Department is authorized and empowered to proceed at the earliest practical date to certify said road into the State Highway System and proceed to construct and maintain the same.

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Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. LULA TO HOMER ROAD. NO. 218. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning in the town of Lula, Hall County, Georgia, at a point on State Highway No. 13 and running thence a southeasterly direction, a distance of approximately twelve (12) miles to an intersection with State Highway No. 15, within the town of Homer, Banks County, Georgia, thence with said State Highway No. 15 to a point approximately one (1) mile east from the said town of Homer, the same being the place where the Old Federal Road leaves said State Highway No. 15, thence with, along or near the said Old Federal Highway a southeasterly course through said Banks County and Franklin County to an intersection with State Highway No. 59, in the county of Franklin, approximately ten miles, the total distance being approximately twenty-three (23) miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature

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known as the Traylor-Neill Bill, together with map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning in the town of Lula, Hall County, Georgia, at a point on State Highway No. 13 and running thence a southeasterly direction, a distance of approximately twelve (12) miles to an intersection with State Highway No. 15, within the town of Homer, Banks County, Georgia, thence with said State Highway No. 15 to a point approximately one (1) mile east from the said town of Homer, the same being the place where the Old Federal Road leaves said State Highway No. 15, thence with, along or near the said Old Federal Road a southeasterly course through said Banks County and Franklin County to an intersection with State Highway No. 59, in the County of Franklin, approximately ten miles, the total distance being approximately twenty-three (23) miles. Road from Lula to Homer. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning in the town of Lula, Hall County, Georgia, at a point on State Highway No. 13 and running thence a southeasterly

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direction a distance of approximately twelve (12) miles to an intersection with State Highway No. 15, thence within the town of Homer, Banks County, Georgia, thence with said State Highway No. 15 to a point approximately one (1) mile east from the said town of Homer, the same being the place where the Old Federal Road leaves the said State Highway No. 15, thence with, along or near the said Old Federal Road a southeasterly course through said Banks County and Franklin County to an intersection with the State Highway No. 59 in the County of Franklin as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. LUMPKIN, FANNIN, AND UNION COUNTY ROAD. NO. 297. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, so as to add to said map a road from Stone Pile Gap on Route 9 in Lumpkin County to Morganton, on Route 2, in Fannin County, running by Woody Gap in Union County, said road being in Lumpkin, Union and Fannin Counties and of an approximate distance of 35 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on said map that certain road from Stone Pile Gap on Route 9 in Lumpkin County to Morganton, on Route 2, in Fannin County, running by Woody Gap in Union County, said road being in Lumpkin, Union and Fannin Counties and of an approximate distance of 35 miles, with the right and authority in the Highway Department to locate or relocate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Road in Lumpkin, Fannin, and Union Counties. Sec. 2. Be it further enacted, that by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until the said road, or any relocation thereof, is formally designated as a State Aid Road by the State Highway Department, of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constituted agent, with the Secretary of State as now provided by law. Sec. 3. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1935.

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LUMPKIN, FANNIN, AND UNION COUNTY ROAD. NO. 324. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, so as to add to said map a road from Stone Pile Gap on Route 9 in Lumpkin County to Morganton, on Route 2, in Fannin County, running by Woody Gap in Union County, said road being in Lumpkin, Union and Fannin Counties and of an approximate distance of 35 miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board 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 certain Act of the Georgia Legislature known as the Neill-Traylor Bill, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by placing on said map as fully and completely as though originally drawn on said map that certain road from Stone Pile Gap on Route 9 in Lumpkin County to Morganton, on Route 2, in Fannin County, running by Woody Gap in Union County, said road being in Lumpkin, Union, and Fannin Counties and of an approximate distance of 35 miles, with the right and authority in the Highway Department to locate or relocate said road in whole or in part. Be it further enacted that, if and when said road is so designated by the State Highway Board of Georgia as a State Aid Road, same shall not be considered a part of the 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Road in Lumpkin, Fannin, and Union Counties. See No. 297, ante.

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Sec. 2. Be it further enacted, that by the addition of said road on said map there arises no obligation on the part of the State or the State Highway Department, to maintain said road nor to allow the counties in which said road is situated to participate in that tax known as the gas tax unless and until the said road, or any relocation thereof, is formally designated as a State Aid Road by the State Highway Department of Georgia and a map, showing said road thereon, be filed by the Highway Department, or its duly constitued agent, with the Secretary of State as now provided by law. Sec. 3. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. McINTOSH COUNTY ADDED MILEAGE. NO. 226. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Darien to a point about one-half mile south of Eulonia on the Coastal Highway, in McIntosh County, a distance of approximately fourteen (14) miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature

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known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at the courthouse in Darien and extending along the coast to a point about one-half mile south of Eulonia on the Coastal Highway and passing by the following Post Offices: Ridge, Georgia, Meridian, Georgia, Crescent, Georgia, said road being approximately fourteen (14) miles in length, commonly known as the Cow Horn Road of McIntosh County. Cow-Horn Road, from Darien. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Darien to a point about one-half mile south of Eulonia on the Coastal Highway, in McIntosh County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

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Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. MERIWETHER AND FAYETTE COUNTY ROAD. NO. 338. An Act to amend an Act approved August 29, 1929, (Acts 1929, pages 260-268, inclusive) and amended by Acts approved March 24, 1933, (Acts 1933, pages 176-178, inclusive) designating the Highway Mileage by adding additional mileage from Woodbury, Georgia, through Raleigh to Warm Springs, Georgia, in Meriwether County, connecting Routes 18 and 41, and connecting with Highway from Warm Springs to Columbus and Fort Benning, Georgia, and by adding a road extending from Greenville, Georgia, the county site of Meriwether, through St. Marks to Hogansville, Georgia, and connecting with highway at Hogansville leading to Franklin, Heard County, Georgia, and by adding a road beginning at State Highway in Gay, Georgia, running through Wooster and Rocky Mt. to Luthersville, Georgia, and Route No. 41 in Meriwether County. By adding a road beginning at the City of Fayetteville, Fayette County, and running through Kenwood, Rendale to Hapeville, the same being in Fayette and Clayton 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 on and after the passage of this Act, the State Highway Mileage be, and the same is, hereby increased by adding thereto a road in Meriwether County, beginning at the City of Woodbury, Georgia, and connecting with Route 18, thence through Raleigh to Warm Springs and there connecting with the State Highway No. 41 and with State Highway to Columbus, Georgia, and Fort Benning, so as to complete highway from Griffin, Georgia, to Columbus and Fort Benning by way of Warm Springs, Georgia. By

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adding a road in Meriwether County, beginning at Gay, connecting with highway from Manchester to Fayetteville and running through Wooster and Rocky Mt. to Luthersville, Georgia, and there connecting with Route No. 41. By adding a road in Meriwether and Troup County, beginning at Greenville on Highway 41, the county site of Meriwether, and running through St. Marks to Hogansville, Georgia in Troup County and connecting with highway at Hogansville, leading to Franklin, the county site of Heard County. By adding a road beginning at the City of Fayetteville, Fayette County, and running through Kenwood, Riverdale to Hapeville, the same being in Fayette and Clayton County, Georgia. Roads in Meriwether, Heard, Troup, Fayette, Clayton Counties. Sec. 2. Be it further enacted, that the map showing the highway mileage between pages 268 and 269 in said Act of 1929 be and the same is hereby amended so as to show said roads described in section 1 as a part of the State Highway System of Georgia. Sec. 3. Be it further enacted, that said bill shall not have the effect of certifying said proposed roads into the new State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 26, 1935. MILLEDGEVILLE TO PERRY ROAD. NO. 333. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a highway beginning at a point in the City of Milledgeville, Baldwin County, Georgia, and running thence in a general southerly and southwesterly direction through Allentown, Wilkinson County, through Cochran, Bleckley County, and through

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Ainsley, to Perry, Houston County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at a point in the City of Milledgeville, Baldwin County, Georgia, and running thence in a general southerly and southwesterly direction through Allentown, Wilkinson County, through Cochran, Bleckly County, and through Ainsley to Perry, Houston County, Georgia, a distance of approximately sixty-five miles. Road from Milledgeville to Perry. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify said road as a part of the State Aid System in the way and manner provided by law and as soon as practical provided for the construction, improvement and maintenance of the same in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1935. MILNER TO JACKSON ROAD. No. 240. An Act to amend an Act approved August 20, 1929, (Act 1929, pages 262-268, inclusive) designating the highway mileage, by adding additional State Aid Road mileage from Milner, Lamar County, Georgia, through the north western portion of Monroe County, into Butts County to Jackson, Georgia; to amend Traylor-Neill map so as to show said highway mileage; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that on and after the passage of this Act the high

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way mileage shall be, and the same is hereby, increased by adding thereto a road and/or highway beginning at Milner, Georgia, located on National Highway No. 7 in Lamar County, Georgia, and running in an easterly direction a distance of 2.9 miles to Highway No. 72, at a point known as the Traylor Weldon place, then traveling in a northeasterly direction along, on and over Route 72, a distance of three miles, to a point known as the Farley place, thence leaving Route No. 72 at said point and going in a northeasterly direction a distance of four miles through the County of Lamar to a point on the county line between Lamar and Monroe Counties, thence going in a northeasterly direction a distance of four miles to a point on the county line dividing Butts County from Monroe County, thence traveling a distance of 7.2 miles to Jackson, Georgia, a total distance of 18.1 miles, said road to run from Milner, Georgia, in a northeasterly direction to Jackson, Georgia, going through the Counties of Lamar, Monroe and Butts. Road from Minler to Jackson. Sec. 2. Be it further enacted, that the Traylor-Neill map showing the highway mileage in the Acts of 1929, pages 268-269, be amended so as to show State Aid Road from Milner, Georgia, to Jackson, Georgia. Sec. 3. Be it further enacted, that this Act shall not have the effect of certifying said proposed road into the new State Aid System of Highway Routes in Georgia until so certified by the State Highway Board of Georgia as provided for in the Act of 1929. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 22, 1935. MITCHELL-THOMAS COUNTY LINE ROAD, No. 252. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite

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page 268 of said Acts of 1929, said Act hereby amended known as the Neill-Traylor Bill, and map aforesaid being designated in said Acts of 1929 as the Neill-Traylor Map, so as to add to said map a road from a point approximately five (5) miles north of Cairo, Grady County, on State Route No. 93, to Spence, thence to Meigs, Thomas County, thence to Moultrie, Colquitt County, following the route known as the Mitchell-Thomas County Line Road, a distance of approximately thirty-five (35) miles, to provide that the additional said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Neill-Traylor Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point approximately five (5) miles north of Cairo in Grady County on State Route No. 93 to Spence, thence to Meigs in Thomas County, thence to Moultrie, in Colquitt County following the route known as the Mitchell-Thomas County Line Road, a distance of approximately thirty-five (35) miles. Road in Grady, Thomas, Colquitt Counties. Sec. 2. Be it further enacted, that by addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county

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as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point approximately five (5) miles north of Cairo in Grady County on State Route No. 93, to Spence, thence to Meigs in Thomas County, thence to Moultrie, in Colquitt County following the route known as the Mitchell-Thomas County Line Road, a distance of approximately thirty-five (35) miles, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. MONIAC TO ST. GEORGE ON ST. MARY'S RIVER. No. 423. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Acts hereby amended being known as the Traylor-Neill Bill, and the map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from the St.Mary's River at Moniac, Georgia, to the St. Mary's River at St. George, Georgia; also a road from St. George to Folkston, Georgia, all in Charlton 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 authoirty of the same, that that certain Act of Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from the St. Mary's River at Moniac, Georgia, to the St. Mary's River at St. George, Georgia; also a road from St. George to Folkston, Georgia, all in Charlton County. Roads on St. Mary's River and to Folkston. Sec. 2. Be it further enacted, that by the addition of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map showing said road thereon, be filed with the Secretary of State, as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from the St. Mary's River at Moniac, Georgia, to the St. Mary's River at St. George, Georgia; also a road from St. George to Folkston, Georgia, all in Charlton County, as a State Aid Road, and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill.

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Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. NACOOCHEE AND HABERSHAM ROAD. No. 326. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a road beginning at Nacoochee Post Office in White County and running through the Nacooche Valley and intersecting with Route 115 in Habersham County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of roads be and the same is hereby increased by the addition of a road beginning at Nacoochee Post Office in White County, Georgia, on Route 75 and running through the Nacoochee Valley and intersecting with Route 115 in Habersham County, Georgia, about three miles west of Clarkesville, a distance of approximately ten miles. Road from Nacoochee. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify the above described road as a part of the State Aid System of Roads, and as soon as practical provide for the maintenance and construction of the same in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. NASHVILLE TO PEARSON ROAD. No. 141. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map

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aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at the Court House in Nashville, Berrien County, Georgia, and extending out Marion Street to Pearson, Atkinson County, Georgia, a distance of approximately thirty (30) miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at the Court House in Nashville, Berrien County, Georgia, and extending out Marion Street to Pearson, Atkinson County, Georgia, a distance of approximately thirty (30) miles. Road from Nashville to Pearson. Sec. 2, Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at the Court House in Nashville, Berrien County, Georgia, and extending out Marion Street to Pearson, Atkinson County, Georgia, a distance of approximately thirty (30) miles, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. OKEFENOKEE TRAIL ESTABLISHED. NO. 303. An Act to establish and define the Okefenokee Trail, 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 Okefenokee Trail, which highway or trail is defined as follows: beginning at Augusta, Georgia, and following State Highway No. 21 through Waynesboro, Georgia, to Millen, Georgia, and then following State Highway No. 67 from Millen, Georgia, to Statesboro, Georgia, and thence following State Highway No. 46 from Statesboro, Georgia, to the intersection of such highway No. 76 between Statesboro, Georgia and Claxton, Georgia, and thence following State Highway No. 73 through Claxton to Glennville; thence from Glennville following State Highway No. 23 to Ludowici; from Ludowici following

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State Highway No. 38 to Waycross; and then following State Highway No. 4 from Waycross to the Florida line through Folkston. Okefenokee Trall, from Augusta Florida line. Sec. 2. Be it enacted by the authority aforesaid, that said trail or highway so defined shall be known and distinguished as the Okefenokee Trail, 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 Okefenokee Trail, said markers to be placed along said highway at reasonable intervals or distances, their location and the distance intervening between the same to be determined by the State Highway Board of Georgia, and the cost of said markers to be borne by the State Highway Board of Georgia. Markers to be placed along highway. Sec. 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 27, 1935. OLIVER S. PORTER MEMORIAL ROAD. NO. 171. An Act to designate the Covington-to-Porterdale State Highway in Newton County as the Oliver S. Porter Memorial Road; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That that portion of State Highway No. 81 in Newton County, from the public square in the City of Covington to the Yellow River Bridge in the town of Porterdale, be and the same is hereby designated as the Oliver S. Porter Memorial Road. The State Highway Department of Georgia is hereby authorized, empowered, and directed to so designate said road on its official records and to provide for the erection of suitable markers thereon. Memorial road from Covington to Porterdale. Markers. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1935.

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PAVO TO HOMERVILLE ROAD. NO. 300. An Act to increase the mileage of the State Aid Road System by the addition thereto of a highway known as the Pavo-Homerville Road, beginning at Pavo, Georgia, and running in an easterly direction through Barney, Hahira and Lakeland, a distance of approximately 72.51 miles to Homerville. Also a highway to be known as the Pavo-Adel road running in a northeasterly direction by way of Burney bridge to Adel, said road being approximately 24.94 miles in length; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that the mileage of the State Aid System of roads as provided by chapter 95-17 (State Aid Road) of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a highway known as the Pavo-Homerville Road, beginning at Pavo, Georgia, and running in an easterly direction through Barney, Hahira and Lakeland, a distance of approximately 72.51 miles to Homerville. Also a highway to be known as the Pavo-Adel Road running in a northeasterly direction by way of Burney bridge to Adel, said road being approximately 24.94 miles in length and more particularly described, located and set out according to a plat attached thereto and made a part hereof. Roads from Pavo to Homerville, Pavo to Adel. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1935. PAVO TO LAKELAND ROAD. NO. 220. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at Pavo, Thomas County, Georgia, and running in an easterly direction from Pavo, in Thomas and Brooks Counties, Georgia, through Barney in Brooks County, Georgia, and Hahira and Barretts in Lowndes County, Georgia, and to Lakeland, the county seat of Lanier County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and also to increase the State Highway mileage by adding thereto a road beginning at a point on State Aid Road No. Said 122 at a point at or near Brice's Mill Pond or Plantation and proceeding from said point in a northeasternly direction to Burney bridge across Little River and from thence in a northeasternly direction to Adel, 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with map attached thereto, as said bill appears in the Acts of the Georgia

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Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at Pavo, Thomas County, Georgia, and running in an easterly direction from Pavo, in Thomas and Brooks Counties, Georgia, through Barney in Brooks County, Georgia, and Hahira and Barretts in Lowndes County, Georgia, and to Lakeland, the county seat of Lanier County, Georgia; also by adding thereto a road beginning at or near Brice's Mill Pond or Plantation in Brooks County and running in a northeasterly direction to Adel, Georgia, in Cook County across Little River at what is known as Burney bridge. An accurate log of said mileage being hereto attached as Exhibit B. The purpose and intent of this Act is to connect the county seats of Thomas and Cook County, to-wit: Thomasville, Georgia and Adel, Georgia. Roads in Thomas, Brooks, Lowndes, Cook Counties. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at Pavo, Thomas County, Georgia, and running in an easterly direction from Pavo, in Thomas and Brooks Counties, Georgia, through Barney in Brooks County, Georgia, and Hahira and Barretts in Lowndes County,

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Georgia, and to Lakeland, the county seat of Lanier County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. PEARSON-RAY CITY ROAD. NO. 418. An Act to increase the mileage of the State Aid Road System by the addition thereto of the highway known as the Pearson-Ray City Road, starting 2.85 miles south of the Atkinson County Court House in Pearson on Route 89, and ending at an intersection of Route 11 and Route 125 in Ray City, Georgia, and being approximately 9.40 miles in Atkinson County; 9.95 miles in Lanier County and 4.35 miles in Berrien County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia: That the mileage of the State Aid System of Roads as provided by chapter 95-17 (State Aid Road) of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road known as the Pearson-Ray City Road beginning 2.85 miles south of the Atkinson County Court House in Pearson, Georgia, on Route 89 and running in a southwesterly direction and ending at an intersection of Route 11 and Route 125 in Ray City, Georgia, said road being approximately 23.80 miles in length and being more particularly described, located and set out according to a plat attached hereto and made a part hereof. Road in Atkinson, Lanier, Berrien Counties. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said

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map there arises no obligations either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. PELHAM TO SPENCE, AND OTHER ROADS. NO. 447. An Act to increase the State Aid System of Public Roads or Highways by the addition of a road from Pelham in Mitchell County to Spence in Grady County, and by the addition of a road from State Route No. 93 near Pelham in Mitchell County to Vada, Georgia, on Route 97; and by the addition of a certain road from Turner's School House on Route No. 37 in Mitchell County to Sale City in Mitchell County and Doerun in Colquitt County; and by the addition of a road leading from Collins on Route 23 to Manassas to Route 30; thence via Tattnall Camp Ground-Mendes to Route 23; and by the addition of a road from Glennville to Lanes Bridge via Tison; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act the State Aid System of Roads or Highways shall consist of those roads or highways now authorized and provided for by law and in addition thereto the following:

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(1) A road leading from Pelham in Mitchell County, Georgia, in a southerly direction to Spence in Grady County, Georgia, a distance of approximately seven miles. On such road Pelham and Spence shall be the controlling points. Roads in Mitchell and Colquitt Counties, etc. (2) A road leading from a point about two miles south of Pelham on the Camilla-Bainbridge road, known as State Aid Road or Highway No. 93, in a westerly direction along what is known as the County Line Road to State Highway or Road No. 97 at Vada, Georgia. (3) A road leading from Turner's School House on the Moultrie-Camilla public highway known as State Route No. 37 to Sale City in Mitchell County and thence in a northerly direction to Doerun in Colquitt County, Georgia. (4) A road leading from Collins on Route 23 to Manassas to Route 30, thence via Tattnall Camp Ground-Mendes to Route 23. A road from Glennville to Lanes Bridge via Tison. Sec. 2. The State Highway Department is hereby authorized and empowered to certify the roads provided for in the foregoing section into the State Highway System, as now provided by law, and to proceed with the construction and maintenance of the same as early as practicable. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. PERRY TO JEFFERSONVILLE ROAD. NO. 128. An Act to increase the mileage of the State Aid Road System by the addition thereto of a highway beginning at a point on State Route No. 11 in the City of Perry, Georgia, and running thence in a northeasterly direction to Jeffersonville, Georgia, and connecting with State Route No. 19 in the City of Jeffersonville, so as to connect the

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county seats of Houston and Twiggs Counties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads as provided for by chapter 95-17 (State Aid Roads) of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at a point on State Route No. 11 in the City of Perry, Houston County, Georgia, and running thence in a northeasterly direction to Jeffersonville, Twiggs County, Georgia, and connecting with State Route No. 19 in the City of Jeffersonville, the purpose of this Act being to connect the county seats of Houston and Twiggs Counties, to wit: Perry, Georgia, and Jeffersonville, Georgia. Road from Perry to Jeffersonville. Sec. 2. That the State Highway Board is hereby authorized to certify said road as a part of the State Aid System in the manner provided by law; and to provide for the construction, improvements, and maintenance of the same, together with all necessary bridges and approach thereon, in conformity with the law. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. PIERCE COUNTY ROAD. NO. 293. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Acts hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Lane's Bridge to Blackshear by way of Baxley, Surrency, and Bristol; 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 that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from Lane's Bridge to Blackshear by way of Baxley, Surrency, and Bristol, in the County of Pierce. Road from Lane's Bridge to Blackshear. Sec. 2. Be it further enacted, that by the addition of said road on said map the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map showing said road thereon, be filed with the Secretary of State, as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Lane's Bridge to Blackshear by way of Baxley, Surrency, and Bristol, in the County of Pierce, as a State Aid Road, and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1935.

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POLK AND FLOYD COUNTY ROAD. NO. 343. An Act to increase the mileage of the State Aid Road System by the addition thereto of a highway beginning at the intersection of Highway No. 1 and Highway No. 6 in the town of Cedartown, Polk County, Georgia, and running thence in a northwesterly direction, and intersecting with Highway No. 53, known as the Rome-Gadsden Highway, at Cave Springs, Polk County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at the intersection of Highway No. 1 and Highway No. 6 in the City of Cedartown, Polk County, Georgia, and running thence in a northwesterly direction, and intersecting with Highway No. 53, known as the Rome-Gadsden Highway, at Cave Springs, Floyd County, Georgia, a distance of approximately ten miles, about eight miles of this road being in Polk County and about two miles in Floyd County. Road from Cedartown to Cave Spring. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify said road as a part of the State Aid System of Roads in the way and manner provided by law, and as soon as practical provide for the construction, improvement and maintenance of the same in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935.

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PRESTON TO WESTON ROAD; WEBSTER COUNTY. No. 221. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at the end of Route 41 at Preston, Webster County, Georgia, to Weston, Webster County, Georgia, which shall intersect with Route 55 at Weston, said road to be an extension of said Route 41 from Preston, Georgia, to said Route 55 at Weston, Georgia, a distance of approximately nine (9) miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at the end of Route 41 at Preston, Webster County, Georgia, to Weston, Webster County, Georgia, which shall intersect with Route 55 at Weston, said road to be an extension of said Route 41 from Preston, Georgia, to said Route 55 at Weston, Georgia, a distance of approximately nine (9) miles. Road from Preston to Weston.

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Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at the end of Route 41 at Preston, Webster County, Georgia, to Weston, Webster County, Georgia, which shall intersect with Route 55 at Weston, said road to be an extension of said Route 41 from Preston, Georgia, to said Route 55 at Weston, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. RANDOLPH AND CALHOUN COUNTY ROAD. No. 227. An Act to amend an act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby

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amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from State Route No. 50 near Shellman, Randolph County, Georgia, to Morgan, Calhoun County, Georgia, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road leading from State Route No. 50 near Shellman, Randolph County, Georgia to Morgan, Calhoun County, Georgia. Road from near Shellman to Morgan. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for the maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by Appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law.

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Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road leading from State Route No. 50 near Shellman, Randolph County, Georgia, to Morgan, Calhoun County, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. TAFT MEMORIAL HIGHWAY. No. 165. An Act to designate and establish through the State of Georgia the Taft Memorial Highway; and for other 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 bill there shall be established in this State a highway to be known as the Taft Memorial Highway over the route hereinafter fixed and designated. Sec. 2. Be it further enacted, that said Highway shall begin on the northern boundary line of the State of Georgia on the most practical route from the City of Chattanooga, Tennessee, to Rome, Georgia, and shall thence extend over and upon the most practical route, including highways already paved and graded for paving, from said City of Rome to the City of Carrollton, thence to the City of La Grange, thence to the City of Columbus, thence to the City Richland, thence to the City of Albany, thence to the City of Moultrie by way of Doerun in the County of Colquitt, and

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thence to the City of Quitman, and thence to the Florida state line on highway between Quitman, Georgia, and Madison, Florida. Memorial highway from Rome to Florida line. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are repealed. Approved March 19, 1935. TELFAIR AND WHEELER COUNTY ROAD. No. 330. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at Towns Consolidated School on Route No. twenty-seven (27) in Telfair County, Georgia, and running east through the town of Towns, Georgia, to Route No. fifteen (15) at Jordans Store in Wheeler County, Georgia, a distance of approximately seven (7) miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on

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said map, as fully and completely as though originally drawn on said map, a road, a distance of approximately seven (7) miles. Road in Telfair and Wheeler Counties. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from Jacksonville, Georgia, to Lumber City, Georgia, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. THOMASVILLE TO FLORIDA LINE. No. 136. An Act to amend an Act entitled Highway Mileage, as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map

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aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point in the City of Thomasville, Thomas County, Georgia, where the Atlantic Coast Line Railroad Company crosses South Broad Street; and running thence in a southerly direction toward and to Metcalf, Georgia, and the Florida State Line, connecting the Florida State Line with Florida State Route No. 43, a distance of approximately 13.4 miles; provided that the addition of said road on said map shall not require the payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature, known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point in the City of Thomasville, Thomas County, Georgia, where the Atlantic Coast Line Railroad Company crosses South Broad Street; and running thence in a southerly direction toward and to Metcalf, Georgia, and the Florida State Line, connecting the Florida State Line with Florida State Route No. 43, a distance of approximately thirteen and four tenths (13.4) miles. Road from Thomasville to Florida line. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation, either express or implied, that the State of Georgia, or the Highway Department of Georgia, shall be held responsible for any maintenance on said road, nor shall the addition of said road to said map entitle the

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county or counties in which said road is located to receive its pro rata part of the one (1c) cent gasoline tax allocated to said county as to said road hereby added on said map; unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point in the City of Thomasville, Thomas County, Georgia, where the Atlantic Coast Line Railroad Company crosses South Broad Street; and running thence in a southerly direction toward and to Metcalf, Georgia, and the Florida State Line; connecting the Florida State Line with Florida State Route No. 43, a distance of approximately thirteen and four tenths (13.4) miles, as a State Aid Road; and if and when said Road is so designated by said State Highway Department of Georgia, said Road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map, as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 14, 1935. TIFTON-HOMERVILLE ROAD. No. 424. An Act to increase the mileage of the State Aid System by the addition thereto of a highway known as the Tifton-Homerville road starting 1.42 miles south of the Tift County Court House on Route 89. Said road running in a southeasterly direction and being approximately 55.45 miles in length; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, that the mileage of the State Aid System of Roads as provided by chapter 95-17 (State Aid Road) of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a highway known as the Tifton-Homerville road starting 1.42 miles south of the Tift County Court House on Route 7 and ending 5.2 miles north of the Clinch County Court House on Route 89. Said road running in a southeasterly direction and being approximately 55.45 miles in length and being more particularly described, located and set out according to a plat attached hereto and made a part hereof. Road from Tifton to Homerville. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless, and until said road is formally designated as a State Aid Road by the State Highway Department of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. TOCCOA AND CARNESVILLE ROAD. NO. 449. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a road in Stephens County, beginning in Toccoa, Georgia, and running to the Franklin County, Georgia, line; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads be and the same is hereby increased by the addition thereto of a road beginning in Toccoa, Stephens County, Georgia at the intersection of Currahee and Fall Streets and following the main road from Currahee Street known as the road leading to Mize, Georgia, and being State Highway No. 13, and thence along said road until it reaches the Franklin County line, the purpose of this road being to connect Toccoa and the county site, Carnesville, and being a distance of approximately nine miles. Road from Toccoa. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify the said road as a part of the State Aid System and as soon as practical to provide for the improvement, construction and maintenance of said road in the way and manner provided by law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. TOOMBS COUNTY ROAD. NO. 428. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a paved highway leaving U. S. Route No. 1 at the Baker Place in Toombs County, Georgia, about three and one-half miles north of Lyons, and going to Vidalia, a distance of about five miles; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads, as provided for by chapter 95-17 of the Code of Georgia of 1933, be and the same is hereby increased by adding thereto a road beginning at a point on U. S. Route No. 1 at the Baker Place, about three and a half miles

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north of Lyons, in Toombs County, Georgia, and going to Vidalia, a distance of about five miles, the road now being paved. Road to Vidalia. Sec. 2. That the State Highway Board is hereby authorized and empowered to certify said road as a part of the State Aid System in the way and manner provided by law, and to provide for the construction, improvement and maintenance of the same, together with all necessary bridges and approaches thereon, in conformity with the law. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. UNION COUNTY ADDED MILEAGE. NO. 398. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a road beginning on State Highway No. 2 at the residence of Hamp Hill, about seven miles from Blairsville, Georgia, and running by way of Young Cane, Georgia, thence to Skinnar Gap, said road being about four miles long and being all in Union County, Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads be and the same is hereby increased by the addition of a road beginning on State Highway No. 2 at the residence of Hamp Hill, about seven miles from Blairsville, Georgia, and running by way of Young Cane, Georgia, thence to Skinnar Gap, said road being about four miles long and being all in Union County, Georgia. Union County road. Sec. 2. That the State Highway Department is hereby authorized and empowered to certify the above described road as a part of the State Aid System of Roads, and as soon as practical provide for the maintenance and construction of the same in conformity with the law.

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Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. UNIVERSITY OF GEORGIA CAMPUS PAVING. NO. 370 An Act to authorize, empower and direct the Highway Department of the State of Georgia to pave certain roads and drives on the campus of the University of Georgia in Athens. Whereas, the State of Georgia is the owner of 1110 acres of land and buildings and improvements thereon constituting the campus, plant and experimental farm of the University of Georgia, which property is located partly within and partly without the city limits of Athens, but all of it within Clarke County, Georgia, and Preamble. Whereas as said property in part abuts on what is known as Highway Route No. 10 leading from Atlanta to Augusta and also abuts on Highway Route No. 15 leading from Athens to Macon, and Whereas the plants and land of said institution constitute a property value belonging to the State of Georgia of approximately two million five hundred thousand dollars, and Whereas, the University of Georgia is one of the principal institutions of the University System of Georgia, has an average attendance of 2500 students and is visited by thousands of the citizens of this State at all seasons of the year: Therefore be it resolved by the General Assembly of the State of Georgia, that the Highway Department of the State of Georgia be and the same is hereby authorized, empowered and directed to pave a road leading south from Highway Route No. 10 through what is known as the original campus of the University of Georgia, through the grounds of the College of Agriculture and thence into Highway No. 15

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leading from Athens to Macon. The said Highway Department is also authorized, empowered and directed to pave such other roads and drives on the campus of the University of Georgia, including the grounds of the College of Agriculture, as in the opinion of the Highway Department and the President of the University of Georgia, may need to be paved. Paving at University of Georgia. Approved March 28, 1935. VALDOSTA STATE WOMEN'S COLLEGE; PAVING. NO. 305. An Act to authorize the State Highway Department of Georgia, for and in behalf of the State of Georgia, to grade, construct, and pave approximately one mile of driveways on State Property known as the Georgia State Woman's College at Valdosta, Georgia, in Lowndes County; to appropriate funds therefor out of funds allocated to the State Aid Road Fund; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the State Highway Department of Georgia, for and on behalf of the State of Georgia, is hereby authorized to grade, construct, and pave approximately one mile of driveways on State Property known as the College Campus of the Georgia State Women's College at Valdosta in Lowndes County, on North Patterson Street and Georgia Avenue. Paving at State Women's College, Valdosta. Sec. 2. Be it further resolved, that there is hereby appropriated, out of funds allocated to the State Highway Department, and/or out of the State Aid Road Fund, a sufficient amount of money to do, perform, supervise, and complete the said grading, construction, and paving of said driveways. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 26, 1935.

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VALDOSTA TO FLORIDA LINE ROAD. NO. 425. An Act to amend An Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from a point located in the Southern part of the City of Valdosta, Lowndes County, Georgia, and extending in a southerly direction over what is known as the Upper Clyattville and Madison Florida Road crossing the Horn's Ferry Bridge to the Georgia-Florida line, a distance of approximately 14.5 miles; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road from a point located in the Southern part of the City of Valdosta, Lowndes County, Georgia, and extending in a southerly direction over what is known as the Upper Clyattville and Madison Florida Road crossing the Horn's Ferry Bridge to the Georgia-Florida line a distance of approximately 14.5 miles. Road from Valdosta to Florida line. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro

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rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road from a point located in the Southern part of the City of Valdosta, Lowndes County, Georgia, and extending in a southerly direction over what is known as the Upper Clyattville and Madison Florida Road crossing the Horn's Ferry Bridge to the Georgia-Florida line, as a State Aid Road; and if and when said road is so designated by said State Highway Board of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. VIDALIA PAVED LOOP. NO. 295. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point on the State Route No. 29 in the City of Vidalia, Georgia, and running thence in a northeasterly direction to a point about four (4) miles north of Lyons, Georgia, on U. S. Route No. 1, proceeding along the road

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from Vidalia, Georgia, to said point on U. S. Route No. 1, known as the loop road from Vidalia, Georgia, to U. S. No. 1, so as to connect the City of Vidalia with said U. S. Route No. 1; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route No. 29 in the City of Vidalia, Georgia, and running thence in a northeasterly direction to a point on the U. S. Route No. 1 about four miles (4), north of Lyons, Georgia, on said U. S. Route No. 1, said road herein designated being what is known as the paved loop from Vidalia to U. S. Route No. 1 north of Lyons, the purpose of this Act being to make said road herein designated a part of said State Aid System of Roads. Road from Vidalia. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as

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now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point on State Route No. 29 in the City of Vidalia, Georgia, and running thence in a northeasterly direction to a point on the U. S. Route No. 1 about four (4) miles north of Lyons, Georgia, on said U. S. Route No. 1, said road herein designated being what is known as the paved loop from Vidalia to U. S. Route No. 1 north of Lyons; as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1935. WADLEY-MIDVILLE ROAD. NO. 374. An Act to amend an Act approved August 20, 1929 (Acts of 1929, pages 260 to 268 inclusive) designating the Highway Mileage by adding additional mileage on Route No. 78 in Jefferson County, Georgia, from Wadley, Georgia, to where the Wadley and Midville Roads intersect with State Route No. 17. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same; that on and after the passage of this Act, the State Highway Mileage be and the same is hereby increased by adding thereto that portion of the Wadley-Midville Road from Wadley to where said road intersects with State Route No.

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17, the said additional mileage to be known as a part of State Route No. 78; said additional Mileage amounting to approximately 5 miles. 5 miles of Wadley-Midville road. Sec. 2. Be it further enacted, that the map showing Highway Mileage between pages 268 and 269 in said Act, be and the same is hereby amended so as to show said road from Wadley to where the same intersects with Route No. 17. Sec. 3. That said bill shall not have the effect of certifying said proposed road into now State Aid System until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. WALKER COUNTY ROADS. NO. 444. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of certain roads in Walker County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of roads be and same is hereby increased by the addition of a road beginning on State Road No. 2 at Villanow, Georgia, and running by the way of Snake Creek Gap to the Gordon County line and connecting with State Road No. 3 at Calhoun, Georgia, a distance of approximately seven (7) miles. Roads in Walker County, etc. Sec. 2. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning at the State line at Tennessee Avenue, St. Elmo, and

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running by the way of Flintstone, Eaglecliff, Highpoint, Copperheights, and connecting with the Government road at Cassandra, Georgia, a distance of approximately fifteen (15) miles. Sec. 3. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning at East Brow, Lookout Mountain, and running south by the way of Lula Lake, Hinkle, Ascalon, to the proposed State Highway to Trenton, Georgia, a distance of approximately twenty (20) miles. Sec. 4. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning at State Road No. 2, at LaFayette, Georgia, and running southwest by the way of Center Post, and known as the Broomtown Road to the Chattooga County line, and connecting with State Road No. 48 at Menlo, Georgia, a distance of nine miles. Sec. 5. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning at Eaglecliff on Chattanooga Valley Road, running in a southeasterly direction by the way of Cenchat, Wallaceville and connecting with Government Road at Chickamauga, a distance of approximately six (6) miles. Sec. 6. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning at LaFayette, Georgia, on State Road No. 1, and running in a northwesterly direction by the way of Mineral Springs and connecting with the Government Road at Pond Springs, a distance of approximately seven (7) miles. Sec. 7. That the mileage of the State Aid System of roads be further increased by the addition of a road beginning at McFarland Concrete Road by the way of Mission Ridge, and connecting with Chickamauga Road at Wallaceville, a distance of approximately four (4) miles. Sec. 8. That the mileage of the State Aid System of Roads be further increased by the addition of a road beginning

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on State Road No. 2 at the foot of the east side of Taylors Ridge and running in a southeasterly direction by the way of Subligna to Chattooga County Line, and connecting with State Road No. 1 at Gore, Georgia, a distance of approximately eight (8) miles. Sec. 9. That the State Highway Department is hereby authorized and empowered to certify said road as part of the State Aid System of Roads in the way and manner provided by law, and as soon as practical, provide for the construction, maintenance and improvement of the same in conformity with the law. Sec. 10. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. WALTON COUNTY ROADS. No. 399. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at a point on State Route No. 83 about three miles east of Monroe in Walton County and running thence in an easterly direction to Snow's Mill to Watkinsville, a distance of about fifteen miles; and also a highway beginning at Monroe, Georgia, and running in a southwesterly direction through Jersey, Georgia, connecting with Route No. 81, about six miles north of Covington, this road being about 12 miles in length; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the State Highway Department

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of Georgia until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road beginning at a point on State Route No. 83 about three miles east of Monroe in Walton County and running thence in an easterly direction to Snow's Mill to Watkinsville, a distance of about fifteen miles; and also a highway beginning at Monroe, Georgia, and running in a southwesterly direction through Jersey, Georgia, connecting with Route No. 81, about six miles north of Covington, this road being about 12 miles in length. Roads in Walton County. Sec. 2. Be it further enacted that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its prorata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road beginning at a point on State Route No. 83 about three miles east of Monroe in Walton County and running thence in an

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easterly direction to Snow's Mill to Watkinsville, a distance of about fifteen miles; and also a highway beginning at Monroe, Georgia, and running in a southwesterly direction through Jersey, Georgia, connecting with Route 81, about six miles north of Covington, this road being about 12 miles in length, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered as a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. WASHINGTON COUNTY ROAD. NO. 431. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268 and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road leading from the City of Tennille, Georgia, to State Highway or Route No. 24 in the County of Washington; and for other purposes. Section 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 of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said bill appears in the Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map opposite page 268 of said Acts of 1929, be and the same is hereby amended by adding to and placing on said map, as fully and completely as though originally drawn

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on said map, that certain road leading from the monument in the City of Tennille, Washington County, on State Aid Road or Highway No. 15 to State Aid Road or Highway No. 24 at the farm of Dr. Rogers on said State Aid Road No. 24 in the County of Washington, a distance of approximately four (4) miles, which said road shall leave State Route No. 15 at said monument in the City of Tennille and intersect with said Route No. 24 at the farm of Dr. Rogers. Road from Tennille. Sec. 2. Be it further enacted, that by the addition of said road on said map and the placing of said road on said map there arises no obligation either express or implied, that the State of Georgia, or the Highway Department of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the county or counties in which said road is located to receive its pro rata part of the 1 cent gasoline tax allocated to said county as to said road hereby added on said map, unless and until said road is formally designated as a State Aid Road by the State Highway Board of Georgia by appropriate action as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Sec. 3. Be it further enacted, that it is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate said road leading from the City of Tennille, Georgia, to State Highway or Route No. 24 in the County of Washington, as a State Aid Road; and if and when said road is so designated by said State Highway Department of Georgia said road shall not be considered a part of the five hundred (500) additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Sec. 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935.

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WASHINGTON (WILKES) TO GREENSBORO ROAD. NO. 264. An Act to repeal an Act approved March 23rd, 1933, amending the Traylor-Neill Map of the State Aid System of Roads as found in Acts of 1929 General Assembly of Georgia, pages 268-269, so as to exclude from said map the road leading from Washington, Wilkes County, Georgia, to Moores Mill on Little River, a distance of approximately 12 miles, and to substitute in lieu thereof the road leading from Washington, Georgia, to Greensboro, Georgia, by way of Union Point, known as the Greensboro Road. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: That the local Act approved March 23rd, 1933, amending the Act approved August 20th, 1929, fixing a system of State Aid Roads in this State, and designating certain county seat to county seat roads as part of the State Aid System of Roads, as shown on that map known as the Traylor-Neill Map found in Acts of the General Assembly of Georgia, 1929, pages 268-269, be and the same is hereby repealed. Sec. 2. Be it further enacted, that whereas the Act approved March 23rd, 1933, attempted to exclude from the State Aid System of roads that road leading from Washington, Wilkes County, Georgia, a distance of approximately 12 miles to Moores Mill on Little River, and to include in lieu thereof that road likewise commencing at Washington, Wilkes County, Georgia, and leading southwest to the Wilkes County line a distance of approximately 12 miles, and the said Traylor-Neill Map was sought to be amended accordingly, and by error said road as specified in the Act approved March 23rd, 1933, only extended to the County line of Wilkes County, Georgia. Exclusion of road from Washington to Moore's Mill; substitution of Greensboro Road. Sec. 3. It is therefore enacted, that the road leading from Washington, Wilkes County, Georgia, and leading to Moores

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Mill on Little River, a distance of approximately 12 miles, be and the same is hereby stricken from the Traylor-Neill Map as found in Acts 1929, pages 268-269 General Assembly of Georgia, and there is hereby substituted in lieu of said road, That road commencing at Washington, in Wilkes County, Georgia running southwest a distance of approximately 12 miles to the Taliaferro County line, thence to Union Point, Georgia, and thence to Greensboro, Greene County, Georgia, known and designated as the Washington-Greensboro Road, embracing in all a total mileag of twenty-five miles more or less. The same being a county seat to county seat road from Washington, the county seat of Wilkes County, Georgia to Greensboro, the county seat of Greene County, Georgia. Sec. 4. That the Traylor-Neill Map as found in Acts 1929, pages 268-269 General Assembly of Georgia, be and the same is hereby amended to include the road and mileage designated. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 22, 1935. WEBSTER TO RANDOLPH COUNTY ROAD. NO. 400. An Act to amend section 95-1711 of the Code of Georgia of 1933, designating the highway mileage and the roads constituting the State Aid System, by permitting the State Highway Department to add thereto mileage from a point at the intersection of State Highways No. 41 and No. 55 at Weston, Georgia, in Webster County, along the road leading from said point southward through Brooksville, Georgia, to a point on State Highway No. 50 in Randolph County, Georgia, where State Highway No. 50 crosses Ichaway-Nochaway Creek; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act the State Highway Department is hereby authorized and permitted to add to the State Highway Mileage on the State Aid System of Roads, the road leading from Weston, Georgia, in Webster County, southward through Brooksville in the County of Randolph to State Highway No. 50 in Randolph County, where said State Highway No. 50 crosses Ichaway-Nochaway Creek in said County of Randolph. Said road is a connecting link between said town of Weston in Webster County and said State Highway No. 50 at said point. Weston-Brooksville-Randolph County road. Sec. 2. Be it further enacted by the authority aforesaid, that said State Highway Department is hereby authorized to amend the map showing the highway mileage and State Aid System of Roads now in force in this State, so as to show on said map the said road. Sec. 3. Be it further enacted by the authority aforesaid, that this Act shall be construed as permissive in its effect only, and not as mandatory. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. WINDER (BARROW) TO CHESTNUT HILL (HALL). NO. 417. An Act to add mileage in Barrow and Hall Counties to the State Highway System of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the mileage of the State Aid System of Roads be and the same is hereby increased by the addition

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thereto of a road between Winder, Georgia in Barrow County and Chestnut Hill in Hall County, Georgia, leading by County Line Consolidated School and Thompson's Mill and being approximately fifteen miles in length. Road from Winder to Chestnut Hill. Sec. 2. That the State Highway Department is authorized and empowered to designate said road as a part of the State Aid System of Roads and as soon as practical to provide for the maintenance, construction and improvement of said road, in the way and manner provided by law. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 28, 1935.

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TITLE VI. SUPERIOR COURTS. ACTS. Atlanta Circuit Added Judge. Banks Superior Court Terms. Banks Superior Court Terms. Cherokee Superior Court Term. Cherokee Superior Court Term. Cobb Superior Court Terms; Juries. Fulton Superior Court Judges, Salaries. Madison Superior Court Terms. Meriwether Superior Court Grand Juries. Peach Superior Court Terms. Pickens Superior Court Terms. Stephens Superior Court Terms. Tift, Irwin, and Turner Superior Court Terms. Worth Superior Court Terms. ATLANTA CIRCUIT ADDED JUDGE. NO. 199. An Act to add an additional judge of the Superior Court for the Atlanta Circuit; to regulate the manner in which the judges of said Atlanta Circuit shall dispose of the business thereof; to fix the time at which said additional judge shall begin his term, and to authorize the judges of said Atlanta Circuit to formulate, promulgate and enforce rules of procedure in said circuit; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an additional judge of the Superior Court of the Atlanta Circuit, as authorized under an amendment of the Constitution of this State, approved August 22nd, 1905, and duly ratified, is hereby provided for, and said additional judge shall be appointed by his Excellency, the Governor, for a term of office commencing on the date of his qualification under said appointment and continuing until the first day of January 1937, and until his successor shall have been duly elected and qualified in the manner now provided by law for the election of judges of the Superior Court. Additional judge of Atlanta Circuit.

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Sec. 2. Be it further enacted by the authority aforesaid, that the successor of said additional judge of the Superior Court of Atlanta Circuit shall be elected in the manner now provided by law for the election of judges of the Superior Courts of this State at the general election to be held on the first Tuesday following the first Monday in November, 1936, for a term of four years, beginning on the first day of January, 1937, and until his successor shall have been elected and qualified. All future elections for such judge shall be for a term of four years, and shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the Superior Courts of this State. Election of successor. Sec. 3. Be it further enacted by the authority aforesaid, that the qualifications of such additional judge shall be the same as are now provided by law for all other Superior Court judges, and his compensation shall be the same as that of the present judges of the Superior Court of said Atlanta Circuit and all laws now of force relating to the compensation of judges of the Superior Court of the Atlanta Circuit shall apply to said additional judge; provided, that the salary of said judge or his successor or successors, to be paid out of the State Treasury shall not exceed the amount paid from that source to other judges of the Superior Courts of this State. But this proviso shall not affect the additional salary provided for by the amendment to the Constitution set out in the Acts of the General Assembly for 1920 at pages 20, et seq., and ratified November 2, 1920, and any Act of the Legislature or any constitutional provision under or pursuant to which additional salary or compensation could or should be paid a judge of the Superior Court of the Atlanta Circuit is hereby made applicable to the judge provided for by this Act. Qualifications. Salary. Sec. 4. Be it further enacted by the authority aforesaid, that said additional judge of the Superior Court of said Atlanta Circuit, shall have all the powers, jurisdiction, duties and dignity of the present judges of the Superior Court of the Atlanta Circuit, and of all other judges of the Superior Courts of said State. Powers, jurisdiction.

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Sec. 5. Be it further enacted by the authority aforesaid that the provisions of the Art. No. 1, page 60, published laws for the session of 1907 of the General Assembly, approved July 23rd, 1907, contained in sections 5 to 11 of said Act, both inclusive, are hereby re-enacted and continued of force and applied to the conditions which will exist when said Atlanta Circuit shall have six judges instead of five as now existing. Provisions of Act of 1907 continued. Sec. 6. Be it further enacted by the authority aforesaid, that said judges of the Superior Court of the Atlanta Circuit or a majority of them may adopt, promulgate and enforce such rules of practice and procedure relative to calling cases on the dockets of said court, making up trial calendars thereof, providing for publication of notices as to calendars and assignment of cases, and the calling of appearance dockets by the clerk instead of the judges and the publication thereof, and providing for the dismissal of cases for want of prosecution or failure of counsel by notice under said rules to bring forward to the trial calendar, and for the assignment of appeal and claim cases and special orders and for checking cases pending other engagements, and providing for holding cases pending sickness of counsel and general rules and regulations for the efficient, prompt and convenient dispatch of the business of said court as in their discretion may be necessary, judicious and proper, and may alter, modify and change said rules of practice and procedure in said circuit from time to time as may be necessary and proper. Rules of court, discretion of judges as to. Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 20, 1935. BANKS SUPERIOR COURT TERMS. NO. 139. An Act to amend an Act approved August 8th, 1923, creating the Piedmont Judicial Circuit of Georgia, and for

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other purposes, said Act appearing in the Act of the General Assembly of Georgia, Acts 1923, pages 76-77 and 78, by amending section 5, line eight and nine of said section providing when the terms of Banks Superior Court shall be held; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, section 5, lines eight and nine, Acts 1923, page 77, be and the same is hereby amended as follows: By striking the word Mondays after the word third in the eighth line and inserting in lieu thereof the word Monday and by striking the word September after the word and in the ninth line of said section and inserting in lieu thereof the words the second Monday in November, so that said section 5, and lines eight and nine thereof, when so amended, after the first semicolon in said line eight, shall read as follows: Banks County, on the third Monday in March and the second Monday in November. Terms of court begin 3rd Monday in March, 2d Monday in November. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. BANKS SUPERIOR COURT TERMS. No. 380 An Act to amend an Act approved August 8th, 1923, creating the Piedmont Judicial Circuit of Georgia, and for other purposes, said Act appearing in the Act of the General Assembly of Georgia, Acts 1923, pages 76-77 and 78, by amending section five, lines eight and nine of said section providing when the terms of Banks Superior Court shall be held; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, section five, lines eight and nine, Acts 1923, page 77, be and the same is hereby amended as follows: By striking the word Mondays after the word third in the eighth line and inserting in lieu thereof the word Monday and by striking the word September after the word and in the ninth line of said section and inserting in lieu thereof the words the second Monday in November, so that said section five, and lines eight and nine thereof, when so amended, after the first semi-colon in said line eight, shall read as follows: Banks County, on the third Monday in March and the second Monday in November. Duplicate of next preceding act. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CHEROKEE SUPERIOR COURT TERM. No. 357. An Act to change the time of holding the February term of the Superior Court of Cherokee County from the 4th Monday in February of each year to the 2nd Monday in March. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the time of holding the February term of the Superior Court of Cherokee County be and the same is hereby changed from the 4th Monday in February of each year to the 2nd Monday in March of each year; the first term of said court to be held under this act being fixed as beginning on the 2nd Monday in March, 1936. February term changed to 1st Monday in March.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CHEROKEE SUPERIOR COURT TERM. No. 406. An Act to change the time of holding the February term of the Superior Court of Cherokee County from the 4th Monday in February of each year to the 2nd Monday in March. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the time of holding the February term of the Superior Court of Cherokee County be and the same is hereby changed from the 4th Monday in February of each year to the 2nd Monday in March of each year; the first term of said court to be held under this act being fixed as beginning on the 2nd Monday in March 1936. Duplicate of next preceding Act. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. COBB SUPERIOR COURT TERMS; JURIES. No. 11. An Act to provide for holding four terms a year of the Superior Court of Cobb County, Georgia; to prescribe the time of and for holding the same; to provide the duration of said terms; to designate the spring and fall terms thereof; to prescribe how and when the grand jury shall be required to attend said court; to provide for all pending

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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 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 Cobb County, Georgia, and that said regular terms shall convene on the third Monday in January, the third Monday in April, the third Monday in July and first Monday in November of each year, and said court shall continue in session for a period of two weeks for each term, unless, in the discretion of the presiding judge, either of said terms 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 unless so ordered by the presiding judge, or until adjourned by operation of law as now provided by law. Four terms of court: 3d Monday in January, April, July; 1st Monday in November. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the April and November terms of said Superior Court are hereby designated as the spring and fall terms, respectively, of said court. April and November terms designated as spring and fall terms. Sec. 3. Be it further enacted by the authority aforesaid, that the presiding judge of said court shall draw grand juries for the April and November terms thereof, and in his discretion may draw grand juries for the January and July terms of said court, either in term time or vacation. Drawing of grand juries. Sec. 4. Be it further enacted, by the authority aforesaid, that the first term to be held after the passage of this Act shall be the April term, and all petitions, writs, bills, processes, subpoenas, bonds, and proceedings, both civil and criminal of every kind and character now pending in or returnable to the said Superior Court of Cobb County, shall

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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 April term hereof next after the passage of this Act. Change as affecting pending proceedings, jurors, witnesses. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved February 9, 1935. FULTON SUPERIOR COURT JUDGES' SALARIES. No. 319. An Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, as provided in section 2-4001 of Title 2 of Code of 1933, from the treasury of Fulton County, to fix the sums to be so paid, to require the treasurer of said county to pay said sums as a part of the court expenses of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of County Commissioners of Fulton County, or such other board or persons as may from time to time exercise the administrative power of Fulton County, shall pay to each of the judges of the Superior Court of Fulton County, in an addition to the salaries paid by the State, a sum sufficient to make each of said salaries nine thousand ($9,000.00) dollars per annum, payable in equal monthly installments; and the amounts so paid are declared to be part of the court expenses of said county. County's addition to State salary of judges, to make each salary $9,000. Sec. 2. It is further enacted by the authority aforesaid, that this law shall go into effect when it shall be agreed to by two-thirds of the members elected to each branch of the General Assembly and approved by the Governor.

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Sec. 3. This Act is intended to carry into effect the provisions of section 2-4001 of Title 2 of Code of 1933. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1935. MADISON SUPERIOR COURT TERMS. No. 189. An Act to provide for holding four terms of the Superior Court, of Madison County; to prescribe the time for holding same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that there shall be held in each year four terms of the Superior Court in and for Madison County, said State, in the Northern Judicial Circuit. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall be held on the second Monday in January, on the first Monday in March, on the second Monday in July, and on the first Monday in September of each and every year. Four terms of court: January, March, July, September. Sec. 3. Be it further enacted by the authority aforesaid, that grand juries shall be drawn for the terms of said court convening in March and September of each year only; provided, however, the presiding judge may, in his discretion, draw and require the attendance of a Grand Jury at the January term of said court and at the July term of said court, or either of them, which Grand Jury shall pass upon such questions only as are particularly referred to such grand jury for action and attention by the presiding judge. Grand jury. Sec. 4. Be it further enacted by the authority aforesaid, that this law shall not become effective unless the bill to abolish the City Court of Danielsville, introduced at the 1935

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session of the General Assembly of Georgia, shall become a law, and said Act to abolish the City Court of Danielsville shall have become effective by ratification by a majority of the voters of Madison County, Georgia, when and whereupon this Act shall immediately become effective. * * City-Court abolishing act not ratifiedCompiler. Effective only on abolition of city court. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. MERIWETHER SUPERIOR COURT GRAND JURIES. No. 26. An Act to amend 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 the drawing of a grand jury; and for other purposes, approved March 24, 1933, by repealing and striking therefrom all of Section 3 thereof, and by adding in lieu thereof a new section 3 to read after so amended, as follows: Sec. 3. Be it further enacted, that the judge of said court shall draw a grand jury for each of the four terms of said court, same to be drawn in the manner now provided by law; provided, however, that the judge of said court in his discretion may, by an order passed in term or vacation, dispense with the grand jury so drawn for the May and November term, and may proceed to hold court at the May and November term of any year with the grand jury drawn therefor, or without any grand jury as he may deem best. 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 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 the drawing

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of a grand jury, and for other purposes, approved March 24th, 1933, be and the same is hereby amended by repealing and striking therefrom all of section 3 thereof, and by adding in lieu thereof a new section 3 to read, after so amended, as follows: Section 3. Be it further enacted, that the judge of said court shall draw a grand jury for each of the four terms of said court, same to be drawn in the manner now provided by law; provided, however, that the judge of said court in his discretion may, by an order passed in term or vacation, dispense with the grand jury so drawn for the May and November term, and may proceed to hold court at the May and November term with the grand jury drawn therefor, or without any grand jury as he may deem best. Grand jury. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 19, 1935. PEACH SUPERIOR COURT TERMS. No. 43. An Act to provide for holding four terms a year of the Superior Court of Peach County; to prescribe the time for holding the same; to provide for Grand Juries to the March and September terms and the discretionary call by the presiding judge to the June and December 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 the authority of the same, that from and after May 1st, 1935, there shall be held in each year four terms of the Superior Court in and for the County of Peach, the Macon Judicial Circuit, State of Georgia. Four terms of court: 1st Mondays of March, June, September, December. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of said court shall begin on the first Mondays in March, June, September, and December of each year.

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Sec. 3. Be it further enacted, that the presiding judge shall draw grand juries only for the March and September terms of said court; provided that the presiding judge, in his discretion, may, in term time or vacation, draw and require the attendance of the grand jury at either or both of the other two terms of said court. Grand juries. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935. PICKENS SUPERIOR COURT TERMS. NO. 24. An Act to provide for holding three terms a year of the Superior Court of Pickens County, Georgia; to prescribe the time of and for holding the same; to provide the duration of said terms; to designate the spring and fall terms thereof; to prescribe how and when the grand jury shall be required to attend said court; to provide for all 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 Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year three regular terms of the Superior Court of Pickens County, Georgia, and that said regular terms shall convene on the third Monday in February, the first Monday in July, and the third Monday in October of each year, and said court shall continue in session for a period of one week for each term, unless, in the discretion of the presiding judge, either of said terms may be sooner adjourned than herein prescribed, or either or all of said three 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

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complete the business of said court; Provided that there shall be no adjournment of any or either of said three terms unless so ordered by the presiding judge, or until adjourned by operation of law, as now provided by law. Three terms of court: February, July, October. Sec. 2. Be it further enacted by the authority aforesaid, that the presiding judge of said court, shall draw grand juries for the February and October terms thereof, and in his discretion may draw a grand jury for the July term of said court, either in term time or vacation. Grand jury. Sec. 4. Be it further enacted by the authority aforesaid, that the first term of said court to be held after the passage of this Act shall be the February term, and all petitions, writs, bills, processes, subpoenas, bonds, and proceedings, both civil and criminal, of every kind and character now pending in or returnable to the said Superior Court of Pickens County, Georgia, shall hold good and relate to the terms as changed and fixed by this Act; and that all jurors and witnesses summoned to attend the April term of said court next after the passage of this Act, shall be held and considered as drawn and summoned to attend the February term of said court next after the passage of this Act. Change as affecting pending proceedings, jurors, witnesses. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 16, 1935. STEPHENS SUPERIOR COURT TERMS. NO. 258. An Act to amend An Act to provide for holding four terms a year of the Superior Court of Stephens County; to prescribe the time for holding the same; to prescribe when and how grand juries shall be required to attend said Court, and for other purposes, so as to change the time for holding the Superior Court in the County of Stephens, in the Northeastern Circuit; to provide for drawing grand juries for said court; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the terms of the Superior Court of Stephens County, Georgia, in the Northeastern Circuit shall begin on the second Monday in February, May, September, and November in each year. Terms of court: 2d Monday in February, May, September, November. Sec. 2. That the judge shall draw a grand jury for the February and September term of said court, and in his discretion, either in term time or vacation, he may draw a grand jury for the May and November terms of said court. Grand jury. Sec. 3. That after the passage of this Act the April term, 1935 of said court shall be held at the time now provided by law and the next term thereafter shall be held on the second Monday in September, 1935 and all succeeding terms thereafter on the dates hereinabove provided. April term, 1935. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. TIFT, IRWIN, AND TURNER SUPERIOR COURT TERMS. NO. 31. An Act to change the time of holding Superior Court in Irwin County, Tift County, and Turner County, in Tifton Judicial Circuit, State of Georgia, and reducing the terms in Irwin County from three to two terms per year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the regular terms of the Superior Court, in Irwin County shall be two and shall be held on fourth Monday in March and September each year and continue for two weeks at each term if necessary to finish the business of said Court: That the June and September terms as now provided for on the

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third and fourth Mondays in June and third Monday in September of Tift Superior Court be changed to the first Monday and second Monday in June and first Monday in September, providing that the Courts of Tift County be held on first Monday in March, first and second Mondays in June, first Monday in September and first and second Monday in December, unless, in the discretion of the court it appears necessary to continue said court for a longer period for the purpose of finishing the business before the court; That the terms of court now provided for on the third Monday in April and October of Turner Superior Court be changed to the second Monday in April and the second Monday in October, which will fix the terms of Turner Superior Court to be held in the County of Turner on second Monday and third Mondays in January, second Monday in April and second and third Mondays in July and the second Monday in October each year, unless in the discretion of the court it is necessary to continue longer to finish the business of said court. That the terms of Worth Superior Court remain as now provided, to wit: Fourth Monday in January, April, July and October, in each year. Terms of court in Tift, Irwin, Turner counties. Sec. 2. Be it further enacted by the authority aforesaid, that all writs, bills, processes, orders, summons, subpoenas, bonds, and proceedings of every kind and character now pending in or returnable to said courts shall hold good and relate to terms of court as herein changed and fixed by this Act and all jurors and witnesses drawn or summoned to attend the terms of court heretofore provided, after the passage of this Act shall be held and considered as drawn and summoned to attend the court convening next after the passage of this Act, as herein fixed and prescribed. Pending proceedings, jurors, witnesses, as affected by change of terms. Sec. 3. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935.

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WORTH SUPERIOR COURT TERMS. No. 174. An Act to provide for the holding of four terms of Superior Court in each year in Worth County, in the Tifton Judicial Circuit; to provide for the drawing of a grand jury in said court, for return and trial terms for the transaction of business in said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be held in each year four terms of the Superior Court in and for the County of Worth, in the Tifton Judicial Circuit, as now provided by law. Four terms of Court: 4th Monday in January, April, July, October. Sec. 2. That the terms of said court shall be held in said County of Worth, as is now provided, on the fourth Monday in January, April, July, and October, in each year. Sec. 3. Be it further enacted, that the judge shall draw a grand jury only for the April and October terms of said court; provided that the presiding judge in his discretion, may draw and require the attendance of a grand jury at the January and July terms of said court, or either of them, if the business of the court should require it, but the duties of said grand jury shall not require them to perform any other service other than that with which they shall be by the presiding judge especially charged. Grand juries. Sec. 4. Be it further enacted, that the judge of said court shall draw a petit or trial jury only for the April and October terms of said court, unless the business of said court should, in his discretion, require it, in which event he shall draw and require the attendance of a jury at the January and July terms of said court, or either of them. Petit juries. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935.

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TITLE VII. MISCELLANEOUS CIVIL AND PENAL LAWS. ACTS. Administrators of Estates as Receivers. Alcoholic Beverage-Control Act. Building and Loan Associations; Conversion into Federal Associations. Charitable Agencies; Licenses Required. Clerk's Salary instead of Fees; Repealing Act. Clerk's Salary instead of Fees; Repealing Act. Columbus Day a Holiday. Coroners; Death investigations. Coroners' Duties; Repealing Act. County Officers' Salaries instead of Fees. Dance-Halls, Boxing, etc. Permits. Deer-Hunting; Closing of County. EggsMarketing Regulations. Endurance Contests Limited. Farmers Markets; Regulation. Firearms; Machine-Gun Sales. Fires; False Alarms, etc. Fires; Hazard Protection. Fish and Game on Federal Lands. Fishing Act of 1931 Amended. Fishing by Non-Residents; Licenses. Fish Passageways in Fresh Water. Foreclosure Sales; Deficiency Judgments. Historical Matter; Preservation. Homes for Aged Persons and Orphans; Permits; Nuisances. Hunting Regulations and Prohibitions. Insane Persons; Amending Act. Inspections of State Institutions, etc. Insurers; Penal Regulations. Interest Rate on Small Loans. Judges and Jurors; Disqualification. Jury Lists in Certain Counties. Juvenile Court Judge's Salary in Certain Counties. Juvenile Courts; Amending Act. Land Grant to United States. Land Grant to U. S. Amending Act. Land Sales Authorized; Island Marsh. Libraries, Authority to Establish. Lieutenant-Governor's Election. Medical and Surgical Applications. Military Medals. Motor-Vehicle Executive Orders Ratified. Municipal Sinking-Fund and Bonds. Narcotic-Drug Act. National Employment System. National Shrines or Parks; Consent. Okefenokee Swamp Lands to U. S. Parking of Vehicles; Penalty. Parks, Authority to Establish. Pensions of City Employees; Amending Act. Pensions of Firemen; Amending Act. Pensions of Windows; Amending Act. Police-Court Recorders' Powers. Policing out of Municipal Limits. Planting Seed; Unlawful Sales. Plants, Fraud in Sale of. Primary Election Ballot-Boxes. Primary-Election Date: Repealing Act. Purchases and Sales in Certain Counties. Railroads, Special Officers for. Redemption of Tax-Sold Realty. Sewerage; Septic or Disposal Plants.

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State's Chattanooga Property Commission. Swine, Unlawful Importation of. Tax-Assessors' Powers and Duties in Certain Counties. Tax-Collectors as Sheriffs; Repealing Act. Taxpayers' Lists in Certain Counties. Tobacco Warehouse Charges Limited. Trapping of Animals, etc., in Certain Counties. Traps for Fur-Bearing Animals. Trials at First Terms, etc. Trust-Fund Investments; Interest. Trust-Fund Investments; Liens, etc. Undertaking Business; Penal Law. Welfare Boards in Counties. Welfare Department; Needy Children. Wine-Making Referendum. ADMINISTRATORS OF ESTATES AS RECEIVERS. No. 180. An Act to increase the powers and duties of temporary administrators, pending the appointment of a permanent administrator and executors, pending determination of caveat to wills, so as to provide that temporary administrators, pending the appointment of a permanent administrator, and executors, following probate of wills in common form and pending litigation on caveats to probate in solemn form, may continue the business of the deceased, carry out existing contracts, and under proper order of the court of ordinary do any and all things which a receiver might do under order of the superior court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, temporary administrators, pending the appointment of a permanent administrator, and executors, pending litigation of caveats to wills, are authorized to carry out existing contracts of the deceased, carry on the business of the deceased and do such acts as might be required of a receiver in the superior court, provided proper orders are secured from the court of ordinary, after due notice to all parties at interest. Powers and duties of, temporary administrators. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 19, 1935.

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ALCOHOLIC BEVERAGE-CONTROL ACT. No. 271. An Act to be known as The Alcoholic Beverage-Control Act, to declare that the State Revenue Commission shall administer and enforce said Act; to declare their powers and duties; to provide how the State Revenue Commission shall make rules and regulations for the enforcement of said Act; to define their civil liability; to provide for reports to the Governor and General Assembly; to repeal prior Acts and Code sections in the Code of 1933 relating to alcoholic liquors and beverages; to define certain words and phrases; to provide who shall manufacture and sell at wholesale or retail alcoholic beverages; to provide in what municipalities and counties retail distributors may operate; to authorize the issuance of permits to manufacturers and distributors of alcoholic beverages; to declare in what counties, villages, towns, and cities permits may be granted; to prescribe the license fee to be paid by manufacturers, wholesale and retail distributors; to declare where said business may be carried on; to prescribe under what rules permits or licenses may be granted; to prescribe a tax of 10% on the gross sales of a retail distributor; to prescribe how returns and taxes shall be paid and to provide a penalty for failure to make a return or pay the tax; to provide for the giving of bond by retail distributors; and to fix the liability of the principal and surety in such bond; to provide how the Commission shall compute the tax when no return is filed; to provide for refund of overpayments of taxes; to provide for a hearing on question of tax payments and for appeal after such hearing; to provide how judgments for such taxes shall issue and refunds of taxes be made; to fix a penalty for failure to make returns; to provide how records shall be kept and inspected of retail distributors; to provide for the keeping and inspection of records of manufacturers or wholesale distributors; to fix a penalty for operating a business without obtaining a permit or paying the license

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fee; to authorize the cancellation of permits or license fees; to provide that municipalities and counties shall make regulations regulating such Businesses; to prevent the Commission from issuing permits or licenses in counties voting Local Option; to provide a method for counties voting Local Option after the State shall have voted for ratification of this Act; to provide how the results of such election shall be determined; to provide for subsequent elections for Local Option in the counties; to provide against exemption from paying permit or license fees; to provide in what manner alcoholic beverages shall be sold and consumed; to provide what persons shall use the permits or licenses granted; to provide the amount of alcoholic beverages that may be sold in one day to one person; to provide that hotels, restaurants; railroad companies and boat owners shall obtain licenses as retail distributors and to provide how alcoholic beverages shall be served by such; to provide when retail distributors shall close their places of business; to provide what persons shall obtain grain and ethyl alcohol and in what manner; to fix a punishment for having alcoholic beverages or intoxicating liquors at certain places; to provide a punishment for persons appearing intoxicated at certain places; to provide punishment for furnishing alcoholic beverages to certain persons; to prevent the giving or furnishing of alcoholic liquors at election precincts; to prevent furnishing such liquors to minors and others; to provide a punishment for unlawful manufacture of alcoholic beverages or liquors and to declare articles used in such unlawful manufacture contraband; to provide for the holding of a special election to ratify or reject this Act; to provide that this Act shall not be declared illegal or unconstitutional though some parts thereof may be; to fix a penalty for violation of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that: Section 1. Title: This Act may be cited as The Alcoholic Beverage Control Act. Title of Act

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Sec. 2. Be it further enacted by the authority aforesaid, that The State Revenue Commission of this State as created by Act approved August 28th, 1931, be and it is hereby constituted the body which shall have charge of the administration of this Act, and the duties herein created shall be in addition to the duties they now perform as members of the State Revenue Commission, or as head of any other department of this State. The State Revenue Commission shall in administering this Act create a separate bureau or division of the State Revenue Commission wherein all the features of this Act shall be separately administered and a separate account of all income and of all disbursements shall be kept. The bond or bonds given as members of the State Revenue Commission shall not be increased in amount by reason of the administration of this Act, but the same liability shall attach under this Act as now exists by reason of the administration of their other duties. The State Revenue Commission shall not directly, nor indirectly, individually, or as a member of a partnership or association, nor as a member or stockholder of a corporation, be interested in any manner in the manufacture or dealing in alcoholic beverages, nor in any enterprise or industry which requires such beverages, nor shall they receive any profit, directly or indirectly from the purchase, sale or manufacture of intoxicating beverages, nor own any interest in any real estate, by lease or otherwise, nor in any other property used in the sale, purchase or manufacture of such alcoholic beverages. The same provisions that apply to members of the State Revenue Commission shall apply to each and every subordinate employee thereof, and if such restriction is violated, any such subordinate shall be immediately discharged, and any member of the State Revenue Commission violating any of these restrictions shall be ineligible to hold office under this Act. State Revenue Commission to have charge of administration; to create separate bureau. Members of employees of commission not to have interest in liquor business. Penalty. Sec. 3. Duties: The duties and functions of the State Revenue Commission while administering this Act shall be as follows: Duties and functions of commission. (a) To control the manufacture, possession, the sale at

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wholesale and/or retail, the transportation and delivery of alcoholic beverages as hereafter defined. (b) To determine the localities within which alcoholic beverages may be manufactured, stored, and/or sold at retail or wholesale. (c) To grant all necessary licenses and permits to any person or persons, firm, corporation under the terms of this Act. (d) To make such rules and regulations not inconsistent with this Act for the purpose of administering the same, with the right to amend, repeal or alter such rules and regulations or any of them. Such rules and regulations shall be published at least in one issue of a daily paper published in the City of Atlanta and having a general circulation, and such rules and regulations upon being thus published shall take effect thirty days after the date of such publication, and a copy thereof shall be sent to every holder of a retail distributor's license or any other license provided for herein. Provided that nothing in this Act shall require such rules and regulations to be of uniform operation throughout this State. Sec. 4. That the civil liability of the State Revenue Commission while administering this Act, shall be as is now fixed by law. Civil liability of commission. Sec. 5. That the State Revenue Commission shall on the first day of January of each and every year after this Act goes into effect, prepare a detailed report of the operations of this bureau or division of the State Revenue Commission, which shall be submitted to the Governor of this State, and also to each member of the General Assembly of Georgia upon the convening thereof in regular session. Provided that if said General Assembly of Georgia shall convene biennially, that a report for the separate years shall be submitted without being combined, and may be the same report as is submitted annually to the Governor. Reports by commission.

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Sec. 6. Be it further enacted that Title 58 (Intoxicating Liquors) of the Code of Georgia of 1933, and chapter 58-1 in reference to the sale, keeping, bartering and furnishing of liquors and beverages, and chapter 58-2 in reference to the manufacture or transportation of specified liquors and beverages, and chapter 58-3 with reference to advertising and soliciting orders for specified liquors and beverages, and chapter 58-4 in reference to the transportation and receiving and dispensing of alcohol, and chapter 58-5 in reference to the manufacture, sale and transportation of ethyl alcohol and chapter 58-6 (Miscellaneous Provisions) in reference to the sale of liquors within three miles of churches, carrying liquors to Sunday school, and places of divine worship, being intoxicated at places of divine worship, sale near State Hospital, drunkenness in public places, or streets, selling or furnishing liquors on election days, and to habitual drunkards and to minors, all being under title 58, are hereby repealed. Code provisions as to liquor repealed. Sec. 7. Definition of words and phrases: Definitions: alcoholic beverage. (a) The words alcoholic beverage mean any liquid intended for and capable of human consumption as a beverage and containing one half of one percent or more of alcohol by volume, but so far as this Act is concerned, shall not refer to those malt liquors commonly known as beer, licensed under a separate Act. (b) The words distilled spirits means any alcoholic beverage containing alcohol obtained by distillation mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name designated. Distilled spirits. (c) The word alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof. Alcohol. (d) The word person shall mean and include an individual, partnership, corporation or association, and may be used interchangeably with these terms. Person.

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(e) The words original package or original container means any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container used by a manufacturer to contain and to convey alcoholic beverages. Original package, original container. (f) The term manufacturer as used in this Act shall mean any person, firm, corporation, or association engaged in manufacturing, distilling or rectifying, or blending any alcoholic beverage, alcohol or distilled spirits as defined in this Act. Manufacturer. (g) The term wholesale distributor as used in this Act shall mean any person, firm, corporation or association engaged in selling or distributing to retail distributors only for re-sale, any alcoholic beverage, alcohol, or distilled spirits as defined in this Act. Wholesale distributor. (h) The term retail distributor as used in this Act shall mean any person, firm, corporation, association engaged in selling any alcoholic beverage or distilled spirits as herein defined, at retail to the consumer. Retail distributor. Sec. 8. (1) No person, firm, corporation, association, shall within the State of Georgia manufacture for sale, keep for sale, or sell any alcoholic beverage or distilled spirits, without having first obtained a license as provided in this Act, provided however, that nothing herein contained shall prevent the sale of cider by farmers, if such cider is produced from apples raised by such farmers, and provided further that solicitors from within or without the State may take orders for delivery as provided in paragraph (2) following. License. Proviso as to cider. Solicitors. (2) No alcoholic beverages intended for sale shall be imported, shipped or brought into this State for delivery to any person other than the holder of a wholesaler's license. Sales. (3) No wholesale distributor shall sell alcoholic beverages to any person for delivery within the State of Georgia except the holder of a wholesale or retail distributors license. (4) No retail distributor shall purchase alcoholic beverages from any person except the holder of a manufacturers, wholesale distributor or retail distributors license.

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(5) No manufacturer of any alcoholic beverages shall sell or distribute the same within this State to any person, firm, corporation, association except a regular licensed retail or wholesale distributor. Sec. 9. That every person, firm, corporation or association desiring to engage in the business of manufacturing or selling any of the alcoholic beverages or distilled spirits as set out in this Act, shall before so doing obtain a permit from the State Revenue Commission, and pay the license fees hereinafter prescribed. The said Commission is authorized to issue permits to (1) Manufacturers, (2) Wholesale distributors and (3) Retail distributors, but shall issue no other form of permit. The application for such permit shall be in such form as may be prescribed by the State Revenue Commission, and shall before issuance, be accompanied by a certificate of the proper officer of the county or municipality in which such business is proposed to be carried on, showing payment of the license fees required by such county or municipality as hereinafter provided for. However, it is especially provided, That no license shall be issued to any manufacturer, wholesale distributor or retail distributor in this State, unless the county in which such manufacturer, wholesale or retail distributor shall have voted for Local Option as provided in Section 22 of this Act, even though the State as a whole shall have voted for repeal. Permits. Sec. 10. That if such business is proposed to be carried on within the corporate limits of a municipality, the applicant for license shall pay to the proper authority to be designated by the governing body of such municipality, such yearly license fee for manufacturers, wholesale distributors and retail distributors, as may be fixed by the governing body of such municipality, which license shall apply to and be required for each place of manufacture, and also for each place of wholesale and also for each place of retail distributor; and it is further provided that when any of the designated businesses are licensed by municipal authorities, that no county license fee shall be required

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by county authorities. However, upon any of the above designated businesses being located without a municipality, the governing authority of such county in which any of said businesses is located, is authorized to fix an annual license fee, which shall apply to and be required for each place of manufacture, and also for each place of wholesale, and also for each place of retail distributor, outside of municipalities and/or incorporated towns or cities. License fees. Sec. 11. That upon the filing of such application with the certificate from the proper authority of the municipality or county as herein required, showing payment of the license fee, and upon the payment of the further sum of one hundred dollars ($100.00) as a special State permit fee for retail dealers; two hundred fifty dollars ($250.00) for wholesalers, and five hundred dollars ($500.00) for manufacturers, the Revenue Commission shall issue a license authorizing the business to be carried on as herein named. Provided, such business shall only be carried on in those counties authorized in this Act. That each State permit issued in accordance with the provisions herein contained shall expire on December 31st, at midnight of the year in which the same was issued, and the holder of such permit shall not continue in such business beyond the expiration date of the permit without renewing the same and paying a new license or permit fee of $100.00 for retail dealers, two hundred fifty dollars ($250.00) for wholesale dealers, and five hundred dollars ($500.00) for manufacturers for each year. Provided that where such permit shall be applied for after the beginning of the year, that the permit fee as fixed above shall be prorated on a monthly basis, counting each month as a fraction of the whole. Special permit fees. Sec. 12. That in addition to the permit or license fees provided for, and in addition to all other taxes imposed by law, every retail distributor of alcoholic beverages or distilled spirits, that may hold such license, shall pay to the State for the privilege of carrying on said business a tax of ten percent (10%) of the gross receipts from such business as herein defined. Such tax shall be paid without

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assessment by any officer of the State, and shall be calculated upon the entire amount of the gross receipts from all sales of the beverages herein defined, including all cash, credits, or property of any kind received by any retail distributor in exchange for any of the alcoholic beverages, liquors or distilled spirits herein named, which may occur in the course of the business transacted within this State. 10% tax on gross receipts. Sec. 13. That every such retail distributor shall make returns on oath to the State Revenue Commission on forms by them prescribed, showing the entire amount of the gross receipts for each calendar month, which returns shall be filed not later than the 15th of the following month. The taxpayer shall pay to the Commission without any deduction whatever the full 10% of the tax due on the amount of the gross sales, as shown by such return, and the Commission shall reject any return not accompanied by the full amount of the tax, and shall have the right to immediately cancel the license of such retail distributor. The Commission may for good cause shown extend the time for making such return not exceeding thirty (30) days, and any such extension shall operate to extend the tax herein imposed. The return shall show the gross receipts of the taxpayer from the sale of the beverages herein defined for the month in which made, or any part thereof, with the name and address of each person interested as an owner in the business for which the return is made. If any taxpayer shall fail to make the return required within 15 days after the expiration of any month, the State Revenue Commission shall enter the return from the best information available and shall add thereto as part of the tax twenty-five percent (25%) of the amount of the gross receipts as shown by the return as made by the Commission. The taxpayer shall be notified by mail within ten days of the entering of such return, the amount of the tax shall become fixed and collectible after the expiration of five days after such notice is mailed, and shall be prima facie correct unless changed and corrected by order of the Commission. Returns by distributors.

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Sec. 14. That every such retail distributor shall enter into a good and solvent surety bond payable to the Commission in an amount not to exceed five thousand dollars ($5,000.00) conditioned for compliance with all the provisions of this Act, filing of returns and payment of the taxes imposed. In default of any provisions of this Act the Commission shall be authorized to proceed against the principal and surety in said bond, or either of them, and shall have the same rights as against the surety as against the principal. Bond of retail distributor. Sec. 15. The Commission shall have the right, as soon as any return is received to examine the same, compute the tax, and to promote any inquiry to determine whether said tax is correct or not, and for that purpose shall have access to any records of the taxpayer. The Commission shall have the right to correct the amount of any tax and to refund any overpayment made by the taxpayer. If the amount paid by the taxpayer is less than is shown to be due by the return, the Commission shall have the right to add a penalty of ten percent (10%) of the amount of such deficiency for a failure to make a correct return, which shall become a part of the tax and be collected as such. In case the taxpayer is due any other tax, any overpayment may be credited on the amount due, and the excess returned. The Commission shall have the right at anytime after three years of the accrual of the tax to hear and determine any question of overpayment, or of a lack of payment, and to require payment of such tax as due or to make a refund for any overpayment, and such hearing may be had upon order of the Commission served on the taxpayer thirty days before the date of the hearing, or upon written motion of the taxpayer served on the Commission, and the Commission after service of such notice shall within thirty days fix a date for the hearing requested by the taxpayer. After such hearing as may be had under this Section, the Commission may re-determine the amount of the tax, and give the taxpayer written notice thereof by mail. Upon a failure to object after five days of the mailing of such notice, the tax shall be considered adjusted, but if the taxpayer shall feel aggrieved at any decision of the Commission,

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he shall have the right of appeal to the Superior Court in the same manner as appeals are now made from the Court of Ordinary. Provided that unless objection is made the judge shall hear such appeal without a jury. The decision of the Superior Court shall be subject to appeal as other cases. On final determination the court shall enter judgment for the amount of the tax due by the taxpayer with any penalties that may have attached, or for the amount of any refund found to be due, and in case of a judgment against the taxpayer it shall be paid as other judgments, and if against the Commission, shall be paid out of the revenue from the sources herein named. Provided that such refund shall be approved first by the State Auditor. Inquiry by commission. Corrections. Refund. Appeal to Superior Court. Judgment. Sec. 16. The tax herein required shall become due and payable on the 15th day of each month succeeding that in which the sales reported were made, and upon the failure of the taxpayer to pay the tax when making the return, an additional tax of ten percent (10%) on the amount of the tax shown to be due on the return, shall be added thereto in lieu of any other penalty provided by law, provided that the Commission shall have the right to revoke or cancel any license for a failure to pay said tax. Time for payment. Penalty for default. Sec. 17. That every retail distributor as herein defined shall keep and preserve a proper record of gross receipts and gross purchases, with such other records as the Commission may prescribe, which records shall be kept for a period of three years before being destroyed, and shall be at all times open to inspection by the Commission or any authorized agent or employee thereof. For the purpose of computing the tax herein the Commission may use such records of a retail distributor, and shall have the right to have access to the records of any wholesale distributor or manufacturer as herein defined, for the purpose of assessing and collecting the tax from a retail distributor, and such wholesale distributor or manufacturer shall keep all records of sales made to retail distributors for a period of three years from the date of such sale or sales. Records of retail distributor.

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Sec. 18. The State Revenue Commission, with the approval of the Governor, shall employ such clerical help, agents, inspectors and other employees, as may be necessary for the proper enforcement of this Act and fix their reasonable compensation thereof. The total of such expenditures, however, shall not exceed three percent (3%) of the gross revenue collected under this Act. Employment of clerical help. Limit of expenditure. Sec. 19. That any person engaged in manufacturing, selling at wholesale or retail without first obtaining the permit from the State Revenue Commission as herein provided, or without first paying the license fee or tax assessed by a county or municipality as herein required, shall be guilty of a misdemeanor, and each and every employee or agent of such person, firm or corporation who shall engage in such business or perform any duty required by such business, without the payment of said permit, license fee or tax, shall be likewise guilty of a misdemeanor and punishable by the courts of this State. Any person, firm or corporation, and each and every employee, or agent thereof who shall continue in such business without making the reports to the State Revenue Commission as herein required shall be guilty of a misdemeanor. The State Revenue Commission shall have the right to revoke or cancel any license or permit issued upon proof of the violations by any manufacturer, wholesale or retail distributor of any of the provisions of this Act. Penalty for not obtaining permit or not paying license fee or tax, or not making report. Revocation of license or permit. Sec. 20. Nothing in this Act shall be construed to prevent any municipality or county from adopting all reasonable rules and regulations as may fall within the police powers of such municipalities or counties to regulate any business provided for in this Act. All municipalities issuing licenses and all county authorities issuing licenses shall, within their respective jurisdictions, have authority to determine the location of any distillery, wholesale business or retail business licensed by them respectively under this Act. Provided, however, that no alcoholic beverages or spirituous liquors of any kind shall be sold upon any school grounds or college campus nor within one hundred yards of such school grounds or college campus. Regulations by municipality or county. School grounds.

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Sec. 21. No permit shall be issued by the State Revenue Commission for the manufacture or sale at wholesale or retail, of any of the alcoholic beverages, liquors, or other intoxicants named in this Act in any County in this State or town or city in such county, where the county has voted against the issuance of such permits which is hereafter referred to as Local Option. Permit not to be issued where county voted adversely. Local option. Sec. 22. In the event this Act should go into effect as provided in section 36 of the same, the ratification of such Act shall not prevent any county in this State from voting for or against the issuance of permits in such county for the manufacture or wholesale or retail distribution of the alcoholic beverages, liquors, and distilled spirits named in this Act, which election shall determine whether such county or counties shall have Local Option or not. In the event this Act shall not be ratified then no such county or counties shall have the right to call any other election. If this Act is ratified and such county shall desire to call a separate election, it may do so upon written petition signed by fifteen (15%) percent of the voters of any county qualified to vote for members of the General Assembly, which petition shall be presented to the ordinary, who shall call an election within 40 days from the date of the filing of such petition in his office to determine whether or not permits may be issued by the State Revenue Commission as herein provided for the purpose of manufacturing, and/or selling at wholesale or retail the alcoholic liquors and beverages named in this Act. Such election shall be held according to the rules and regulations governing elections for members of the General Assembly, but shall not be held at the time of holding any other election or Primary, State or County, other than an election for the adoption of a Beer License Act, if such Act is submitted to a referendum. In determining whether a sufficient number of voters have signed such petition the ordinary shall be governed by the registration list used at the last general election. The returns of every election held hereunder shall be made to the ordinary who shall ascertain and declare the results within three days after the receipt of the returns.

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Notice of the election shall be given by publication in the official gazette of the county once a week for four weeks preceding the election. All persons voting at such election in favor of licensing the manufacture or sale of alcoholic beverages shall have written or printed on their ballots the words For the issuance of permits by the State Revenue Commission licensing Alcoholic Beverages. Those desiring to vote against the licensing of the manufacture or sale of alcoholic beverages shall have written or printed on their ballots the words Against the issuance of permits by the State Revenue Commission Licensing Alcoholic Beverages. Upon determining the result of such election the ordinary shall publish a notice in the official gazette once a week for four weeks, and the cost of publication of such notices shall be borne by the county wherein such election is held. If at such election a majority of the qualified voters shall vote in favor of the licensed manufacture and sale of such alcoholic beverages in such county or counties, as herein provided, this Act shall become effective in such county or counties after the expiration of 15 days from the declaration of the result, and it shall be legal for the State Revenue Commission to grant permits according to the terms of this Act. If a majority of the qualified voters voting in such election shall vote against the granting of permits for the manufacture and/or sale of such alcoholic beverages, the manufacture and sale of such alcoholic beverage in any county or counties of this State shall be illegal, and no license therefore shall be granted. No subsequent election shall be held in any county of this State within two years after the date of the order of the Ordinary declaring the result of the first election as provided in this Section, nor shall any subsequent election be held except upon a petition signed by twenty five percent (25%) of the qualified voters of said county, to be determined by the Ordinary from the registration list used at the last election for members of the General Assembly. County election as to permit or licence. Sec. 23. There shall be no exemption from the permit fees, license fees, or tax as provided by this Act in favor of any person whatsoever. Exemptions prohibited.

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Sec. 24. Be it further enacted that the license herein granted known as a Retail Distributors License shall entitle the holder thereof to sell at retail in the original, uncut packages only, in the manner provided in this Act, any of the alcoholic beverages herein named, including liquors or distilled spirits, provided that none of the liquors, or alcoholic beverages so sold shall be consumed on the premises. It shall be a misdemeanor for any person to consume on the premises where purchased, except as otherwise excepted in this Act, any of the alcoholic liquors or beverages. No original package shall be refilled except by the holder of a manufacturer's license. Licensee's rights. Liquor not to be consumed on premises where sold. Penalty. Sec. 25. No license granted under the provision of this Act shall be used by any person than the original licensee unless by permit of the State Revenue Commission. All licenses and permits issued under this Act shall be at all times displayed in a public place in the store, manufactory or other place of business for which it is issued. Use or display of license. Sec. 26. No liquors sold under this Act shall be consumed on the premises where purchased, except as herein specifically provided. In counties where this Act has been adopted by popular election, as herein provided, persons operating hotels where food is served, may apply to the county or municipal authorities issuing the retail license, as herein provided, and in the discretion of the authorities aforesaid receive a permit to dispense and sell alcoholic beverages, as herein defined, in private dining rooms (so marked), to persons seated at tables. Provided, however, that such establishments must have been in continuous operation for a period of at least twelve (12) months prior to application for such permit. Nothing in this Act, however, shall be construed to allow the operation of an open saloon, nor to permit the dispensing or sale of alcoholic beverages in cafes, coffee shops, cafeterias, or other public dining rooms. Hotels. Sales in cafes, etc., not allowed. Sec. 27. No wholesale or retail distributor shall operate any place of business, as authorized in this Act, before seven (7) o'clock a. m., nor shall any such place of business

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remain open after six (6) o'clock p. m., standard time; except that in cities of more than ten thousand (10,000) inhabitants, retailers, by special permission of the municipal authorities, may remain open until nine (9) o'clock p. m. and provided further, that it shall be unlawful for any person, firm or corporation, whether retailer, wholesaler, manufacturer, or distributor, to sell or allow the same to be sold, any of the alcoholic beverages referred to in this Act upon any Sabbath day; and it shall be unlawful to manufacture or distill any of said beverages upon any Sabbath day. Hours of sale. Sunday sales, etc., not allowed. Sec. 28. Nothing in this Act shall be construed to prevent registered, licensed pharmacists or manufacturers of medicines, drugs, or those using grain alcohol for industrial or mechanical purposes from receiving such grain and ethyl alcohol for their legitimate use in those counties allowing permits to be issued, and in those counties which have voted against allowing permits to be issued, the pharmacists, chemists, manufacturers or others who may obtain grain and ethyl alcohol under existing laws, shall be entitled to obtain the same by applying to the Ordinary in such county refusing permits and obtaining a permit therefrom, a copy of such permit to be retained by the Ordinary, one by the purchaser and one sent to the distributor or manufacturer. A fee of $1.00 shall be paid by the applicant to the Ordinary for such permit. Alcohol permits. Sec. 29. Any persons who shall have, possess and control any alcoholic, spirituous, vinous and malt liquors or beverage at any church or other places where people are assembled for divine worship except when used for ceremonial or sacramental purposes or at any place where people are assembled for Sunday School, Sunday School celebration or day school celebration, or upon any common carrier, shall be guilty of a misdemeanor. Church assemblages. Sec. 30. Any person who shall be or appear at any church or place of divine worship, either intoxicated or in any manner under the influence of intoxicating liquors, where people are assembled for the purpose of engaging in

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religious service and until they have dispersed therefrom, shall be guilty of a misdemeanor. Intoxication at church, etc. Sec. 31. Any person who shall be and appear in any intoxicated condition or under the influence of intoxicating liquors so as to be noticeable on any public or private road, street or highway, or within the curtilege of any private residence not in the exclusive possession of the person or persons so intoxicated, or upon any boat, railway, passenger train, bus or other common carrier, shall be guilty of a misdemeanor. Intoxication on road, at residence, etc. Sec. 32. Any person who shall have, give, or furnish alcoholic, spirituous, vinous or malt liquors or beverages within one mile of any election precinct on any day or any primary or general election or have the same in or around the election precinct on the day of any state, county, municipal or primary election, shall be guilty of a misdemeanor. Possession at election, etc. Sec. 33. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish any alcoholic, spirituous, vinous, or malt liquors or beverages to any minor, or to any habitual drunkard whose intemperate habits are known to such person or about which he has been notified in writing by husband, wife, father, mother, brother, or sister of such habitual drunkard, shall be guilty of a misdemeanor. Furnishing to minor or habitual drunkard. Sec. 33-A. It shall be unlawful for any manufacturer, wholesale or retail distributor, or any person to ship or transport by any means whatsoever any of the liquors defined in this Act into any county, which county has voted against the issuance of permits or into a municipality which forbids the sale of such liquors by ordinance. Provided, however, nothing herein shall prevent any manufacturer, wholesale or retail distributor from shipping or transporting said liquors thru such no permit counties or municipalities where the sale is prohibited, where the destination of such liquors is beyond the limits of such State, or to a county or municipality within the State in which such sale is not prohibited by law. Transporting into no permit counties or municipalities.

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Sec. 34. It shall be unlawful for any person, firm, or corporation to distill, manufacture or make any alcoholic, spirituous, vinous, malted or mixed liquors or beverages any part of which is alcoholic, otherwise than as permitted in this Act, and anyone so doing shall be guilty of a felony and upon conviction thereof shall be punished by confinement and labor in the penitentiary for not less than one year and not more than five years, and any offense committed under this section shall not be reducible to a misdemeanor. Any apparatus or article so used in the distillation or manufacture of any liquors or beverages named in this section is hereby declared contraband and shall be destroyed by the officer or officers seizing the same. Making liquor when not permitted by this Act, a felony. Punishment. Contraband articles. Sec. 35. That nothing in this Act shall be construed as preventing anyone from making domestic wines for exclusive use of himself and family free of license taxes; and that every grower of grapes, fruits or berries shall have the right to make therefrom, where grown upon his or her own farm, domestic wines and sell the same to any duly licensed wholealer or retailer of wines, free of all license, or stamp, or sales tax, or similar tax. Exception as to domestic wines. Sec. 36. It shall not be legal to hold any election in the several counties of this State as provided in section 22 of this Act until a special election has been held as provided in this section. A special election is hereby called to be held in every county of this State on Wednesday, May 15, 1935, under the same rules and regulations as apply to elections for members of the General Assembly. The voters list used in such election shall be the registered voters list used in the last General Election. At such special election there shall be submitted to the registered and qualified voters of this State, qualified to vote at the last General Election, the ratification or rejection of this Act. The ballots shall have written or printed thereon the words For Repeal and the words Against Repeal. Those desiring to vote in favor of the ratification of this Act shall strike out the words Against Repeal and those desiring to vote against the ratification of this Act shall strike out the words For

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Repeal. The returns of said election shall be certified to the Secretary of State within three days after said election, and the Secretary of State shall immediately certify the number of votes For Repeal and the number of votes Against Repeal to the Governor. If a majority of those voting at said election vote For Repeal the State voting as a whole, the Governor shall by proclamation declare this Act ratified by the people of the Georgia, and when so ratified, notwithstanding the result for the entire State shall be For Repeal, it shall be then permissible for the several counties of the State to hold the elections provided for in Section 22 of this Act. If the State shall vote Against Repeal, the Governor shall declare this Act not ratified and no further or other election shall be necessary in the several counties of this State. Referendum, May 15, 1935. Sec. 37. That it shall be a misdemeanor for any person, member of a firm, employee of a corporation, or other person as herein defined to violate the provisions of this Act not specifically provided for, and this section shall not be in conflict with any section of said Act providing punishment as for a felony of the particular offense specified in any such section. Punishment. Sec. 38. Be it further enacted that should any section or paragraph of this Act be declared illegal or unconstitutional, that no other section or paragraph shall be affected thereby, but the remaining provisions of this Act shall have full force and effect. Invalidity of part of Act, not affect other part. Sec. 39. The county authorities charged with issuing liquor licenses shall have the right to refuse any license for dispensation of intoxicating liquors in any location outside of the corporate limits of a duly incorporated municipality, and to revoke such permits and licenses where such authorities are satisfied that any such business is being conducted in such manner or place as is incompatible with the good order, peace and dignity of the community, and the governing body of any municipality shall have like authority over those dispensing or proposing to dispense liquors within the limits of their jurisdiction. Refusal of license, revocation of permit or license.

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Sec. 40. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are repealed. Approved March 22, 1935. BUILDING AND LOAN ASSOCIATIONS; CONVERSION INTO FEDERAL ASSOCIATIONS. No. 129. An Act to permit building and loan associations chartered under the laws of the State of Georgia to accept the advantages and privileges offered to such institutions under the Home Owner's Loan Act of 1933 as passed by the Congress of the United States and approved by the President, and as amended; to permit such building and loan associates to convert, under the terms of said National Act, into Federal savings and loan Associations; to permit said State Associations to transfer their assets into Federal savings and loan Associations, as chartered under the provisions of the aforesaid National Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted as follows: That, from and after the passage of this Act, any building and loan association chartered under the laws of the State of Georgia may accept all advantages and privileges provided for and offered to such institutions under the provisions of the Home Owner's Loan Act of 1933, as passed by the National Congress and approved by the President, and as thereafter amended. Conversion of building and loan associationsinto Federal associations. That any building and loan Association chartered under the laws of the State of Georgia, shall, after the passage of this Act, have the right and authority to convert such institutions into a Federal savings and loan Association as provided in the Home Owner's Loan Act of 1933, as amended.

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That any building and loan association chartered under the laws of the State of Georgia shall, after the passage of this Act, have the right and authority to transfer its assets to a Federal savings and loan Association chartered under the Home Owner's Loan Act of 1933, as amended; provided a majority of the outstanding shares of such State Association entitled to vote shall have, either before or after the passage of this Act, approved and directed the conversion of such State Association into such Federal Association. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. CHARITABLE AGENCIES; LICENSES REQUIRED. No. 379. An Act to provide a method of licensing new charitable agencies, institutions, and societies providing care for dependent or defective persons, to provide for terms of all licenses granted under this Act; to provide penalties for the violations of this Act, and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. Hereafter any person, firm, corporation, society, organization or official of any political subdivision within the State of Georgia desiring to establish and operate a charitable society, charitable agency, charitable institution, or any kind of organization, for the care of neglected, dependent, delinquent, defective, physically or mentally handicapped persons, or any organization having as a part of its program the care of persons for whose support funds are solicited, shall first apply to the Board of Control of Eleemosynary Institutions for a license to operate, using a form of application prescribed by said Board and furnishing such information as may be required therein, and obtain from said Board a license in writing to establish and operate such society, agency or institution; such license

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shall be obtained by any proposed new charitable organization before it shall accept for care such person, and before it shall receive any contribution for the support of such persons. License required for charitable associations, etc. Sec. 2. The Board may, in its discretion, issue a probationary license to any proposed charitable society, charitable agency, or charitable institution, or other organizations embraced within the provision of this Act; such probationary license shall be for a period of six months, unless terminated earlier by said Board, and may be extended for one additional period of six months. Powers of Board of Control. Sec. 3. The Board shall have power to adopt and promulgate such reasonable rule and regulations for the guidance of such organizations as it may license and may revoke or suspend the license of any such organization for violations thereof, after giving ten days' notice to the holder thereof and after a hearing thereon. Sec. 4. Any person who shall establish or operate any such charitable agency, institution, or organization, without first obtaining such license, or after the same shall have been revoked, shall be guilty of a misdemeanor, and on conviction, shall be punished as now provided by law in such cases. Penalty. Sec. 5. This Act shall become effective immediately upon its approval. Act effective on approval. Sec. 6. All laws or parts of laws in conflict with this Act are repealed. Approved March 28, 1935. CLERK'S SALARY INSTEAD OF FEES; REPEALING ACT. No. 169. An Act repeal an Act approved March 23, 1933, which provides for the payment of a salary in lieu of fees to clerks of the Superior Court of counties in this State

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having by the United States Census of 1930, and any future census, a population of from 21,120 to 22,300, and which provides for the abolition of the fee system for compensating the clerk of the superior court and the disposition of the fees in such counties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 23, 1933, which provides 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, and which provides for the abolition of the fee system for counties, be and the same is hereby repealed. Repeal of Act as to salaries instead of fees of clerk in counties of 21,120 to 22,300 population. Approved March 19, 1935. CLERK'S SALARY INSTEAD OF FEES; REPEALING ACT. No. 187. An Act to repeal an Act, No. 283 (Georgia Laws 1931, page 237), approved August 28, 1931, the same being 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 or Ex-Officio Clerk of other Courts), to make provisions regulating the carrying out of said change; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That from and after the passage of this Act, that Act No. 283, approved August 28th, 1931, Georgia Laws, 1931, page 237, being an Act proposing a change from the fee to the salary system of the Clerks of the Superior Court in all Counties in Georgia having a population

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from 21, 328 to 21, 332, inhabitants by the census of 1930, or any future census, be and the same is hereby repealed. Repeal of Act as to salaries instead of fees of clerk in counties of 21,328 to 21,332 population. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1935. COLUMBUS DAY A HOLIDAY. No. 289. An Act to declare the 12th of October of each year, commonly known as Columbus Day, to be a public and legal holiday in this State. Whereas, the 73rd Congress of the United States at its second session adopted a joint resolution authorizing and requesting the President of the United States to issue a proclamation designating October 12 of each year as Columbus Day, which said joint resolution was approved by the President on April 30, 1934; and Preamble. Whereas, on September 30, 1934, the President of the United States did issue his proclamation in pursuance thereof; and whereas, the Province of Puerto Rico and the states of Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Washington and West Virginia have declared October 12th of each year to be a public and legal holiday in that province and in those States; and whereas, the State of Georgia is one of the few original colonies and States which have not commemorated the Discovery of America by declaring October 12th to be such a holiday: Therefore, Section 1. Be it enacted by the General Assembly of the State of Georgia, that from and after the passage of this Act the 12th day of October of each year, commonly known

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as Columbus Day, be and the same is hereby declared to be a public and legal holiday in the State of Georgia. October 12, Columbus Day, declared a legal holiday. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CORONERS; DEATH INVESTIGATIONS. No. 17. An Act to amend an Act approved August 13, 1924 entitled An Act to prescribe additional duties for coroners in counties having a population of two hundred thousand or more, to provide for the compensation of such cornoners for the performance of such duties, and for other purposes, by providing that coroners in such counties shall investigate every death where there was no physician in attendance upon the deceased at the time of death 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 Section 1 of an Act of the General Assembly approved August 13, 1924, entitled An Act to prescribe additional duties for coroners in counties having a population of two hundred thousand or more, to provide for the compensation of such coroners for the performance of such duties, and for other purposes, be amended (a) by striking from the fifth line of said section immediately after the word where the works by reasons of the fact that; (b) by striking from the seventh, eighth, ninth and tenth lines of said section the words there is no person qualified to sign the death certificate required by the laws of Georgia, relating to the registration of vital statistics; (c) by striking the last two words of said section and inserting in lieu thereof the words, the certificate of death required by the laws of Georgia relating to the registration of vital

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statistics: so that said section as amended, will read: section 1. In counties having a population of two hundred thousand or more, coroners shall, in addition to other duties imposed by law, investigate every death occurring in their respective counties where no physician was in attendance upon the deceased at the time of the death, and shall thereupon complete the certificate of death required by the laws of Georgia relating to the registration of vital statistics. Investigation of death by Ccroner. (Repealed by ensuing Act.) Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the foregoing be, and the same are hereby repealed. Approved February 14, 1935. CORONERS' DUTIES; REPEALING ACT. No. 401. An Act to repeal an Act approved February 14th, 1935 (House Bill No. 187 of the General Assembly of Georgia, 1935 Session), entitled an Act to amend an Act providing additional duties for coroners (Act approved August 13th, 1924 (Ga. Laws 1924, page 85), in counties having a population of 200,000 or more; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Be it enacted that an Act of the General Assembly of Georgia approved February 14th, 1935 (House Bill No. 187 of the General Assembly of Georgia, 1935 Session), entitled an Act to amend an act approved August 13, 1924, providing additional duties for coroners in counties having a population of 200,000 or more by the last or any future Federal census, and for other purposes, be and is hereby repealed, as if the same had never been passed. Repeal of next preceding Act. Approved March 28, 1935.

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COUNTY OFFICERS' SALARIES INSTEAD OF FEES. No. 55. An Act to change from the fee to the salary system in certain counties in Georgia, the Clerk of the Superior Court, (whether he be Clerk of the Superior Court or ex-officio Clerk of other Court or Courts); the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver, and the Treasurer; to make provisions regulating the carrying out of such changes; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such officers, deputies, clerks and assistants; to provide for the furnishing the Sheriff in such counties with automobiles necessary for carrying on work of his office and for the operation, upkeep, and repair of the same; to provide for the necessary office expense of such officers; to provide that no county official, deputy, assistant, or member of the Board of Commissioners of Roads and Revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of such officers, deputies, clerks or assistants by the Treasurer of such county, and for the disbursement thereof by the Sheriff, Clerk, Ordinary, Tax Collector, and Tax Receiver; to abolish County Police in such counties, except such as shall be done through the Sheriff's office in such counties; to repeal conflicting laws or parts of laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of

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1930, a population of not less than 72,500 inhabitants or more than 77,000 inhabitants, and to all counties in this State having, by any future census of the United States, a population of not less than 72,500 or more than 77,000 inhabitants, and on the publication of said census any county not now having said population of 72,500 but by said new census having said population of 77,000 such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the Tax Collector and Tax Receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. insert sidenote form 355 file Sec. 2. Be it further enacted by the authority aforesaid, that in all such counties the salaries of the following officers shall be as follows: (a) Clerk of the Superior Court, whether ex-officio Clerk of another Court or not, an annual salary of five thousand dollars ($5,000) per annum, payable in equal monthly installments; (b) The Sheriff, an annual salary of five thousand dollars ($5,000) per annum, payable in equal monthly installments; (c) The Ordinary, five thousand dollars ($5,000) per annum, payable in equal monthly installments; (d) The Tax Collector, five thousand dollars ($5,000) per annum, payable in equal monthly installments; (e) The Tax Receiver, forty-three hundred and fifty dollars ($4350) per annum, payable in equal monthly installments; (f) The County Treasurer, thirty-six hundred dollars ($3600) per annum, payable in equal monthly installments; provided, nevertheless, that said salaries shall be in full payment of all fees or other emoluments that shall accrue

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to any and all of such officers and all other fees or emoluments that would otherwise accrue to them except for this Act shall be collected by them and paid into the treasury of the county where such officer or officers hold office. Sec. 3. Be it further enacted by the authority of the same, that from and after the approval of this Act the Sheriff's deputies and assistants in all such counties shall consist of the following salaries, payable monthly, to wit: 2 Chief Deputy Sheriffs, at $175.00 per month 1 Bookkeeper and Cashier $135.00 per month 1 Stenographer and File Clerk $85.00 per month 3 Deputy Sheriffs, at $155.00 per month 5 Deputy Sheriffs, at $150.00 per month 1 Deputy, Jailor and Finger Print Man, $155.00 per month 2 Deputy Jailors, at $115.00 per month All of whom shall be named from time to time by the Sheriff and all and each of whom shall serve as such at the will of the Sheriff and be discharged by such Sheriff without any claim to any unearned salary or salaries. Sec. 4. Be it further enacted by the authority aforesaid, that the Sheriff in all such counties as are described in section 1 of this Act shall be furnished for the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the discretion of the Board of County Commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gas, oil, and accessories for said automobiles, all in the discretion of and subject to the approval of the County Commissioners. Said automobiles are to be used in carrying on the work of the Sheriff's office. Automobiles for Sheriff.

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Sec. 5. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the Clerk of the Superior Court's deputies and assistants in all such counties shall be as follows: Chief Deputy Clerk $150.00per month Two Deputies $125.00 each $250.00per mpnth One Minute Clerk part Bookkeeper $110.00per month One Recording Clerk part Bookkeeper $100.00per month Filing Clerk part Bookkeepaer $100.00per month Collector $60.00per month All of whom shall be named from time to time by the Clerk of the Superior Court, and all and each of whom shall serve as such at the will of such Clerk of the Superior Court and be discharged by such Clerk without any claim to any unearned salary. Sec. 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the Ordinary's deputies and assistants in all such counties shall be as follows: One Clerk of Court of Ordinary, at $175.00 per month One Deputy Clerk-Stenographer, at $125.00 per month All of whom shall be named from time to time by the Ordinary, and all and each of whom shall serve as such at the will of such Ordinary and be discharged by such Ordinary without any claim to any unearned salary. Sec. 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the Tax Collector's deputies and assistants in all such counties shall be as follows: One Chief Deputy Collector $172.50 per month One Bookkeeper and Ex-Officio DEputy Sheriff, Deputy Clerk $200.00 per month One Clerk and Deputy Ex-Officio Sheriff, at $150.00 per month One Clerk-Typist, at $85.00 All of whom shall be named from time to time by the Tax Collector, and all and each of whom shall serve as such at the will of such Tax Collector and be discharged by such Tax Collector without any claim to any unearned salary. Sec. 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Receiver's deputies and assistants in all such counties shall be as follows: One Clerk, at $135.00 per month One Clerk, at $110.00 per month All of whom shall be named from time to time by the Tax Receiver, and all and each of whom shall serve as such at the will of such Tax Receiver and be discharged by such Tax Receiver without any claim to any unearned salary. Sec. 9. Be it further enacted by authority of the same, that the County Treasurer shall be entitled to no deputy or assistant unless he shall come within the meaning of Section 13 hereof in reference to emergencies. Sec. 10. Be it further enacted by the authority aforesaid, that in all counties described in Section 1, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the County Board of Commissioners or other fiscal agent of said county, be paid out of the Treasury of such County monthly, and each of said officers and employees is required to furnish to the County Commissioners or other fiscal agent an intemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such Board of Commissioners or other fiscal agent; provided, nevertheless, before any such item of expense shall be paid by the County Treasurer an itemized

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statement thereof shall be furnished such County Treasurer, and if such itemized statement is not furnished and the same shall have been paid, same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for any such items unless duly itemized and authorized by said County Commissioners or other fiscal agent. Statement of expenses. Sec. 11. Be it further enacted, that no County official, deputy or assistant and no member of the Board of County Commissioners of Roads and Revenues nor any Chairman thereof shall be paid from the County Treasury any extra compensation, except legitimate expenses duly authorized by said board. Extra expenses. Sec. 12. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the Clerk, Sheriff, Tax Receiver, Tax Collector, or the Ordinary to keep filled all of said positions in their respective offices, when in their judgment any such Deputy, Clerk or Assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Vacancies. Sec. 13. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices; that is to say, in the office of the Clerk of the Superior Court, or of the Sheriff, or of the Ordinary, or Tax Receiver, or Tax Collector, or County Treasurer, upon the same's being called to the attention of the Board of Commissioners of Roads and Revenues of any such county by any of said officers in writing the said board upon a vote of a majority of such board may authorize such officer so applying to appoint such additional number of deputies, and, or, Clerks, as such board deems necessary; and such board shall fix their compensation; provided, nevertheless, when in the opinion of a majority of such board such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such from the County Treasury in the same manner as other salaries are paid; provided,

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nevertheless, the Clerk of the Superior Court, the Sheriff' the Tax Collector, the Tax Receiver, or the Ordinary in any such county, or the fiscal agent of such county, may request any deputy's, clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the services of such deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant, or stenographer may be working elsewhere, under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer, from where removed, may order the return of such deputy, clerk, assistant, or stenographer to his or her original position. Emergency employees. Sec. 14. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the Treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the Sheriff, Clerk, Ordinary, Tax Collector, and Tax Receiver to disburse the salaries of assistants and deputies and expenses of the office. Payments by Treasurer, etc. Sec. 15. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approval of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named shall be received and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing

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such collections and the source from which collected to the Board of County Commissioners of such county. The fees received for the State by the Tax Collector and the Tax Receiver shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the County Treasurer, or other depository of county funds. Collection, reports. Sec. 16. Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in section 1 hereof. Salaries sole compensation. Disposition of fees. Sec. 17. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after the approval of this Act, in such counties as are described in section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer

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shall collect the costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county, and shall be paid monthly into the County Treasury, of such counties as are described in section 1 hereof, by the officer by whom collected, as herein provided. Subrogation of county, as to fees, etc. Sec. 18. Be it further enacted by the authority aforesaid, that the County Police in all such counties as coming within the provisions of this Act are hereby abolished, and all County Police work in such counties shall be done by and through the Sheriff of said counties and his deputies; and in no such county shall the Board of Commissioners of Roads and Revenues establish or maintain any County Police in addition to that maintained through the Sheriff and his deputies. Abolition of county police. Sec. 19. Be it further enacted, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the Board of Commissioners of Roads and Revenues or other fiscal agents of said counties. Premiums on officer's bonds or insurance. Sec. 20. 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 26, 1935. DANCE-HALLS, BOXING, ETC. PERMITS. NO. 215. An Act to provide that no person, firm, or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling or prize-fighting arena, for money or profit, outside the limits of incorporated towns or cities in any county in this State having a population of 200,000 or more according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenues or other authority in charge

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of such counties, to confer authority on the Commissioners or other authority in charge of county matters to grant or refuse such permission, or to grant or refuse same for such time or under such regulations as they may deem proper for the public good; to provide for revocation of permits after notice and hearing; to provide for appeals from such decisions, to provide punishment for violation of this Act, for abatement as a nuisance; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after passage of this Act no person, firm or corporation shall establish, maintain or operate any public dance-hall, boxing or wrestling or prize fighting arena for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 200,000 or more, according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenues or other authority in charge of such counties. Permits for dancing halls, boxing, etc., in counties of 200,000 or more population. Sec. 2. Such Commissioners or other authority in charge of said counties shall have authority to grant or refuse such permission, or to grant the same for such time and under such reasonable regulations as they may deem proper for the public good. Provided, further, that any petitioner for license under this Act shall be accorded a hearing before final action thereon, and upon any adverse action shall have the right of appeal to the Superior Court of said county by writ of certiorari in the manner now provided by law in cases of appeals from inferior courts by writs of certiorari. Appeal to superior court. Sec. 3. Any person, firm or corporation establishing, maintaining or operating any such establishment as herein set forth without securing said permission, shall be guilty of a misdemeanor and such establishment shall be subject to be abated as a nuisance. Penalty. Sec. 4. Said Board of Commissioners, or the body in charge of county affairs, shall have the authority to revoke

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or cancel any permit previously granted, upon charges and evidence that the operation of said dance-hall, boxing, wrestling or prize fighting arena is being operated in such a manner as to constitute (a) a nuisance, or (b) injurious to the health, morals or welfare of the public. Said charges shall be served on the licensee and notice of time and place of hearing given. After a hearing, or an appointment is given for a hearing, in the event said permit is revoked or suspended, the licensee shall have the right to appeal to the Superior Court of said county by writ of certiorari in the manner now provided by law in cases of appeals from inferior courts by writ of certiorari. Revocation of permit. Sec. 5. 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 20, 1935. DEER HUNTING; CLOSING OF COUNTY. NO. 391. An Act to give the Commissioner of Game and Fish the power to close any county or counties to hunting or killing of deer, provide penalties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that after the passage of this Act the Commissioner of Game and Fish shall have the authority to close any county or counties in the State to the hunting and killing of any deer, for a period of from one to three years when county or counties are being restocked with deer, and when deer are released in any county or counties, as many of the surrounding counties may be closed to the hunting and killing of deer as he may deem necessary for the protection of the deer so liberated. Provided that notice shall be posted on the bulletin board at Court House, and notice shall be published in the newspaper of greatest circulation

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in said county for four weeks before closing of county or counties setting forth the date of closing and the length of time to be closed. Authority to close county to deer hunting or killing for one to three years. Notice before closing county. Sec. 2. Be it enacted by the authority aforesaid that any person hunting or killing any deer in any county or counties closed to hunting or killing deer shall be guilty of a misdemeanor. Penalty. Sec. 3. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act, be and are hereby repealed. Approved March 28, 1935. EGGS; MARKETING REGULATIONS. NO. 349. An Act to regulate the marketing of eggs; to provide conditions under which eggs may be sold or offered for sale in the State of Georgia; to provide for registration by all dealers who offer for sale, or sell eggs, in the State of Georgia; to define the term wholesaler; to require filing with the State Department of Agriculture a copy of the invoice of each sale of eggs in Georgia; to provide for a violation of these provisions; to provide for inspection by the State Department of Agriculture or its authorized agents; to provide for the enforcement thereof; to provide an appropriation therefor, and for other purposes, and repealing all laws and parts of laws in conflict therewith. Be it enacted by the General Assembly of the State of Georgia. Section 1. That within the intent and purpose of this Act eggs are classified as, Definitions: (a) Storage eggs, construed to mean eggs which have been in cold storage for any length of time, Storage eggs. (b) Shipped eggs, construed to mean eggs shipped into the State of Georgia, Shipped eggs.

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(c) Fresh Georgia eggs, construed to mean eggs produced in Georgia which are neither partly nor wholly decomposed and which have not been cold storage, or processed. Fresh Georgia eggs Sec. 2. That all eggs sold or offered for sale in this State, which have been shipped or transported by any means whatsoever into the State of Georgia from without its borders after the passage of this Act, shall have plainly stamped and imprinted on the shell of each egg, in letters not less than one-fourth inch in height, in indelible ink, the letters shipped. Stamping shells. Sec. 3. That all eggs which have been subject to artificial refrigeration for any length of time whatsoever, which may be offered for sale in the State of Georgia, after the passage of this Act shall have stamped on the shell of each egg in letters not less than one-fourth inch in height, in indelible ink, the letters storage. Sec. 4. That after the passage of this Act all wholesalers, commission merchants, brokers, retailers, and dealers of any kind or character, who may desire to sell or offer for sale in the State of Georgia, eggs, shall first file with the Commissioner of Agriculture of the State of Georgia, upon forms furnished by said Commissioner, the name of the firm or person desiring to offer for sale eggs in such State, either by themselves or by their agent, together with the address of said firm or person and the type or kind of eggs to be offered for sale. Forms to be filled and filed by dealers, etc. Sec. 5. That the Commissioner of Agriculture shall forward a certificate of registration to each wholesale or retail dealer, which certificate shall at all times be promptly displayed in the place of business of the firm or person registered, as evidence that these provisions have been complied with. The Commissioner of Agriculture is hereby authorized to cancel or revoke any registration provided for above upon violation of any of the provisions of this Act. Certificate by Commissioner of Agriculture. Revocation. Sec. 6. It shall be unlawful for any wholesaler, commission merchant, broker, retailer, or dealer of eggs, either by themselves or their agents, to offer for sale in this State any

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eggs if the above provisions have not been complied with as required by this Act, provided, that nothing herein shall be construed to repeal the exemption given the producer in the sale of commodities of his own production from taxation and licensing by existing laws. Exemption of producer. Sec. 7. Authority is hereby vested in the Commissioner of Agriculture to impose an inspection fee of two cents (2) on each thirty (30) dozen case of eggs or its equivalent, such fee to be placed in the general inspection fund of the Department of Agriculture to provide enforcement of this Act. Inspection fee. Sec. 8. All dealers, wholesale or retail, shall be required to furnish to the State Department of Agriculture upon request a copy of the invoice of each sale of eggs, said copy of invoice to show the person or firm to whom said sale was made, the address of such person or firm, the kind and quantity involved in such sale, provided that nothing herein contained shall be construed to require the filing of a copy of the invoice of a sale to a consumer. Copy of invoice. Sec. 9. The term wholesaler as used in this Act shall be construed to mean any person, firm, corporation, association, wholesaler, dealer or broker, selling or offering for sale, in or into the State of Georgia, more than five cases of eggs in any one week. Wholesaler defined. Sec. 10. The Commissioner of Agriculture shall instruct the food inspectors and long term fertilizer inspectors of the Department of Agriculture to carry out the provisions of this Act. The Commissioner of Agriculture is hereby empowered in his discretion to select and appoint such other additional assistants as in his judgment he deems necessary to property enforce the provisions herein contained, and all such employees of the Agricultural Department are hereby empowered to confiscate and destroy all eggs found to be unfit for human consumption. Inspectors. Confiscation. Sec. 11. The Commissioner of Agriculture is hereby vested with the authority to promulgate, issue and set up such additional rules, regulations, grades, standards or

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otherwise, as in his judgment is necessary to carry out the intent and purpose of this Act. The inspectors authorized above are empowered to exercise all the authority, powers and privileges now delegated to the duly authorized food inspectors of the Department of Agriculture by existing law. Authority to make regulations. Sec. 12. Any person, firm, or corporation, who shall violate any of the above provisions of this Act shall be guilty of a misdemeanor. It shall be the duty of the solicitors general and solicitors of all city courts to prosecute all persons charged with the violation of any provisions of this Act as soon as the evidence has been transmitted to them by the Commissioner of Agriculture. Prosecution for violating Act. Sec. 13. Should any section or part of any section of this Act be declared invalid, such decision shall not be held to invalidate any remaining part of this Act. Part invalidity not invalidate remainder of Act. Sec. 14. This Act shall become effective June 1st, 1935. Effective June 1, 1935. Sec. 15. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. ENDURANCE CONTESTS LIMITED. NO. 315. An Act to promote public health, safety, morals, and general welfare, by prohibiting the promotion, conduct, and participation in marathon-dance contests, walkathon contests, walk-a-show contests, and similar physical endurance contests either walking or dancing, or any similar physical endurance contest. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that, from and after the passage of this Act, it shall be unlawful for any person, firm, association or corporation to promote, advertise or conduct any marathon-dance contests,

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walkathon contests, walk-a-show contests, and/or similar endurance contests, by whatever name called, of walking or dancing, or any similar physical-endurance contest, and it shall be unlawful for any person to participate in any marathon-dance contest, walkathon contest, walk-a-show contest, and/or similar physical-endurance contest by walking and dancing, or any similar physical-endurance contest, continuing or intended to continue for a period of more than eight consecutive hours, whether or not an admission is charged and/or a prize awarded, and it shall be unlawful for any person to participate in more than one such contest or performance within any period of forty-eight hours. Limitation of endurance contests. The provisions of this Act shall not become effective until June 1st, 1935. Effective June 1, 1935. Sec. 2. Any persons violating the provisions of this Act shall be guilty of a misdemeanor and shall be punishable by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by both such fine and imprisonment in the discretion of the court. Penalty. Sec. 3. Each and every day that any person, firm or corporation shall continue such a contest or engage in any such activities and/or each day's participation in such contest or advertisement of the same or do any act in violation of the provisions of this Act shall be and constitute a distinct and separate offense. Each day a separate offense. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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FARMERS' MARKETS; REGULATION. NO. 44. An Act to provide for and to authorize the Commissioner of Agriculture to establish Farmers' Markets in this State and to authorize the Commissioner of Agriculture to make necessary rules and regulations to properly conduct such markets; to provide for embargoes; to provide for prohibiting the sale of vegetables, fruits, truck crops and other farm crops found unfit for food; to provide for acquiring necessary property for the erection of necessary buildings and the improvement of market sites, etc., for the State, on which to conduct said markets; 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. On and after the passage of this Act, in addition to the powers and duties heretofore given to establish markets and prevent waste of farm products, it is further enacted that the Commissioner of Agriculture is authorized and directed to procure by purchase, lease, rent, gift, or otherwise, as in his discretion he may see fit, necessary market sites in this State on which to conduct farmers' markets. Farmers' markets. Sec. 2. Be it further enacted, that the Commissioner of Agriculture shall have authority, when a site has been acquired by purchase, lease, rent, gift, or otherwise, to establish thereon a farmers' market, independent of and without the necessity of securing any permit from any municipality in which a site or sites may be located. Permit from municipality not required. Sec. 3. Provided that any such market shall as to its location in any city be subject to any necessary or fair municipal zone laws, fire, or health regulations. This Act shall not be construed as conferring the right of Eminent Domain upon the Commissioner of Agriculture. Regulation of location. Right of eminent domain not conferred.

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Sec. 4. Be it further enacted, that the Commissioner of Agriculture is hereby authorized to make such rules and regulations as in his judgment may be necessary to properly conduct such farmers' market or markets, both wholesale and retail. The Commissioner of Agriculture, through the Bureau of Markets, may provide experienced and competent persons to act as graders and classifiers on such markets. The Commissioner of Agriculture shall have authority to prescribe and designate reasonable grades and classes for farm products, truck crops, fruits and vegetables, and to enforce the same in all markets in the State. Powers of Commissioner of Agriculture as to regulations, grading, etc. Sec. 5. The Commissioner of Agriculture shall have the power and authority, in acquiring the sites for such market or markets and in conducting the same, to prescribe and collect reasonable charges to pay the necessary cost of acquiring, operating, and maintaining such sites and markets; to erect the necessary buildings and to conduct said markets as provided by law and by this Act. Charges. Sec. 6. It is further provided that whenever any farm products, fruits, vegetables, etc., shall be found on any market in this State in such condition that they are unfit for food, it shall be the duty of the Food Inspector to forbid the same from being sold in this State, the same as is now done with other food and feeds. The Commissioner of Agriculture is hereby empowered to make and promulgate such rules and regulations as in his judgment may be necessary to best enforce the carrying out of all the provisions of this Act. Such rules and regulations shall be promulgated by being posted in a conspicuous place in each market established under this Act for a period of twenty-four hours, and when promulgated shall have the force and effect of law. The Commissioner of Agriculture, through his authorized agents may eject from any such market, any person and his property refusing to comply with all the provisions of this Act and rules promulgated under it. Articles unfit for food. Posting regulations. Ejection from market. Sec. 7. It is further enacted that the Commissioner of Agriculture shall have authority not only to establish and promulgate necessary grades and classes of vegetables,

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fruits and truck crops, but to enforce them in all of the markets of the State, established under the provisions of this Act, not to exceed eight in number. He shall have power to designate separate places on any market where fruits, vegetables and truck crops of the different classes and grades shall be handled and kept separate. The Commissioner of Agriculture is authorized to fix from time to time, as he may deem necessary, minimum prices on the different grades and classes, as herein provided for, and to enforce the same by not permitting anyone to sell any fruits, vegetables or truck crops within the bounds of any market established, at a lower price than the minimum price fixed by him. Markets under this Act limited to eight. Separation of grades. Price fixing. Sec. 8. The Commissioner of Agriculture in carrying out the terms of this bill shall, in addition to the power heretofore given him, have authority to inspect all fruits, vegetables and truck crops coming into Georgia markets or offered for sale within the State. He shall have power, and is hereby directed, in so far as is possible, to protect the Georgia growers and consumers of fruits, vegetables and truck crops by declaring an embargo on any fruit, vegetable or truck crop coming into this State when the supply of the same fruit, vegetable or truck crop grown in this State is ample for the markets of this State at that time. Inspection. Embargo on products from outside the State, when. Sec. 9. The Commissioner of Agriculture is authorized and directed, when in his judgment it shall be advisable and necessary, to provide suitable means of communication between the Bureau of Markets and the farmers' market or markets established under this Act so as to facilitate the sale and exchange of farm products of all kinds. Facilities for exchange of products. Sec. 10. Should any section, paragraph, or provision of this Act be declared unconstitutional by the Courts, then it is hereby enacted that such court decision shall not be deemed or held or construed to nullify or repeal any other section, paragraph, or provision of this Act, but each section, paragraph, or provision not specifically held to be unconstitutional shall be held of full force and effect. Invalidity of part of Act not invalidate other part.

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Sec. 11. Any person who shall within the bounds of any market established under the provisions of this Act violate any provision of this Act or any rule or regulation promulgated by the Commissioner of Agriculture, in accordance with the requirements of this Act, shall be guilty of a misdemeanor. Penalty. Sec. 12. All funds collected under the operation of this Act are hereby allocated to the Commissioner of Agriculture for the purpose of carrying out the provisions of this Act, and shall be deposited by the Commissioner of Agriculture with the State Treasurer in a separate fund to be paid out of warrants signed by the Governor, the same as other allocated funds of the State. Funds from operation of Act. Sec. 13. In carrying out the provisions of this Act, the Commissioner of Agriculture shall, and is hereby authorized to use every division of the Department of Agriculture, including the Bureau of Markets, and to exercise powers heretofore granted in other laws to the Commissioner of Agriculture, the Department of Agriculture, and to any other subdivision of the Department of Agriculture, in addition to the powers and duties prescribed in this Act. Powers of Commissioner. Sec. 14. No provision of this bill shall be construed to apply to any producer of this State who sells his own produce direct to the consumer, outside of the State markets established under this Act. When not applicable to producer. Sec. 15. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 25, 1935. FIREARMS; MACHINE-GUN SALES. NO. 397. An Act regulating the sale of firearms, including machine guns, prescribing the keeping and sale of such arms and providing a penalty for the violation of this Act, 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 same, as follows: Section 1. Any person, firm, or corporation, selling or offering for sale of machine-guns, shall keep a record of the persons to whom sales are made, and shall transmit a copy of same, within five (5) days of the sale, to the solicitor-general of the circuit in which such sale was made. Record of sale, Copy to solicitor-general. Sec. 2. It shall be unlawful for any person or persons to purchase machine-guns, without producing a permit signed by the mayor of the town in which such purchase is made, or by the sheriff of the county where such purchase is made without a municipality, and no persons shall sell, or offer to sell to another, machine-guns, unless the purchaser exhibits a permit herein provided for. Permit to buy. Unlawful sale. Sec. 3. If such municipality has ordinances covering the sale and handling of machine-guns, this Act shall not supersede such ordinances undertaking more in detail to regulate the sale of machine-guns, and this Act shall apply thereto. Municipal ordinances. Sec. 4. Any person or persons violating this Act in selling machine-guns shall be deemed guilty of a misdemeanor and on conviction, shall be punished as prescribed in Section 1065 of the Penal Code of 1911. Penalty. Sec. 5. That all Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. FIRES; FALSE ALARMS, ETC. NO. 287. An Act to make penal the reporting, or sending in, or communicating, to any fire department, fire marshal, or others in charge of fires or departments of fires of any municipality, or other governmental subdivision, false alarms, false reports, and false information, stating that

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a fire is at or near a certain place, and declaring same to be a misdemeanor and punishable as such, 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. It shall hereafter be unlawful for any person or persons, jointly or severally, knowingly to communicate, send in or report to any fire department or fire marshal or others in charge of fires or department of fires, of any municipality, or other govermental sub-division, a report or signal or information or alarm which says or indicated or reports that a fire is in progress in said city or other governmental sub-division at or near a named location in said city or other governmental sub-division, or knowingly to give any other like information which is false, under which the department or its employees will be called out and sent upon a false errand to the loss and detriment of said department, and danger to the public. False fire alarm, report, or information. Sec. 2. Any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction therefor, shall be punished as is provided in section 1065 of the Penal Code of the State of Georgia. Penalty. Sec. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1935. FIRES; HAZARD PROTECTION. NO. 102. An Act to protect the students of the public schools, colleges and other educational institutions of the State of Georgia from fire hazard in said buildings; to provide for the erection of adequate fire escapes at each end of said buildings; to provide funds for the erection of said fire escapes; to provide penalties for the violation 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 within a period of not more than four months after the passage of this Act it shall be the duty of the Boards of Trustees, Boards of Education or such other boards, commissions or persons as may be vested with authority and control over the operation of public schools, colleges or other educational institutions within this State, to cause to be erected adequate fire escapes, at each end and on the outside of all school, college or educational buildings of any character which are more than one story in height including dormitories for the housing of students of such institutions, said fire escapes to be at least three feet in width, to be securely fastened to the outside walls of said buildings, and to reach within six feet of the ground. Fire-escapes for educational buildings and dormitories of more than one story. Sec. 2. Be it further enacted by the authority aforesaid, that the cost of the erection of said fire escapes shall be paid out of the funds allocated to the school authorities by the State Board of Education for the operation and maintenance of public schools or state educational institutions, and upon the failure of the officials of any such school or institution to erect said fire escapes as provided herein, it shall be the duty of the State Superintendent of Schools to withhold from such school or institution all funds due it until the provisions hereof shall have been complied with. Funds from which paid for. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 11, 1935. FISH AND GAME ON FEDERAL LANDS. NO. 392. An Act to authorize the Commissioner of Game and Fish to contract with the United States Government for the control, policing, patrolling, regulating and stocking of Federal forest lands and lands under jurisdiction of U. S. Dept. of

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Agriculture of the State of Georgia with game, birds and fish; to authorize the Commissioner of Game and Fish to restock said land, purchase game, birds, and animals therefor, to restock the streams therein with fish; to provide that the Commissioner of Game and Fish may prescribe the closed and open season for hunting or fishing on said lands or to close the same for a period of years; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after passage of this Act, the State Commissioner of Game and Fish shall have the right and authority to enter into a cooperative agreement with the United States Government, or with the proper authorities thereof, for the protection and management of the wild life resources of the National Forest lands within the State of Georgia and for the restocking of the same with desirable species of game, birds, and other animals, and fish. Commissioner of Game and Fish authorized to enter into agreement with U. S. government. Sec. 2. Be it further enacted by the authority aforesaid, that the Commissioner of Game and Fish shall have authority to close all hunting and fishing within said lands so contracted for with the Federal Government for such period of time as may, in the opinion of the Commissioner of Game and Fish, be necessary; shall have authority from time to time to prescribe the season for hunting or fishing therein, to prescribe the number of animals and game, fish and birds that shall be taken therefrom and the size thereof, and to prescribe the conditions under which the same may be taken. Authority to close hunting and fishing on Federal lands, prescribe seasons, etc. Sec. 3. Be it further enacted by the authority aforesaid, that any person violating any of the rules so promulgated by the Commissioner of Game and Fish, or who shall hunt or fish upon said lands at any time, other than those times specified by the Commissioner of Game and Fish, shall, upon conviction therefor, be punished as for a misdemeanor. Violation of rules, a misdemeanor. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and they are hereby repealed. Approved March 28, 1935.

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FISHING ACT OF 1931 AMENDED. NO. 107. An Act to amend section 5 of Act No. 136 of the General Assembly of Georgia approved August 24th, 1931, prohibiting the taking of fish in any of the fresh waters of Georgia by means of seines, traps, nets or similar devices, or by any other means except with hook and line, regulating the manner of fishing in private ponds, and the taking of fish with gill nets, so as to provide that such section when amended shall not prohibit the taking of fish in the waters of Broad River in the State of Georgia with seines having a mesh of not less than one inch square during the period of July 15th through August 15th of each and every year. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section five (5) of the Act of the General Assembly of Georgia approved August 21th, 1931, page 171, of the Acts of 1931, reading as follows: Section 5: Be it further enacted by the authority aforesaid, that it shall be unlawful for any person or persons to take fish from any of the fresh waters of Georgia by means of seines, traps, nets or similar devices, or by means of dynamite, poison, or by other means except with hook and line; provided, however, that any person in lawful possession of a private pond under lease or ownership, and others with his consent, may fish in said ponds at any time and in any manner they please; provided further than nothing herein shall be deemed to modify or repeal the laws of this State regulating shad-fishing; provided further, that it shall be lawful to use gill-nets for the purpose of taking fresh-water mullet, carp, gar and suckers during the months of December, January and February, provided that the mesh of said gill-net shall not be less than three inches square, or six inches when stretched, be and the same is hereby amended by adding the following paragraph to said section: Provided, that it shall be lawful to take fish in the waters of Broad River, in said State of Georgia, from the point where the Highway Bridge between

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Washington and Elberton, Georgia, crosses said stream, to where said Broad River empties into Savannah River, during the period of July 15th through August 15th of each and every year after the passage of this Act, with seines having a mesh of not less than one inch when squared. So that section 5 of the Act approved August 24th, 1931 shall hereafter read: Mode of freshwater fishing; amendment of Ga. L. 1931, p. 171, sec. 5, as to Broad river. Section 5. Be it further enacted by the authority aforesaid, that it shall be unlawful for any person or persons to take fish from any of the fresh waters of Georgia by means of seines, traps, nets, or similar devices or by means of dynamite, poison, or by other means except with hook and line; provided, however that any person in lawful possession of a private pond under lease or ownership, and others with his consent, may fish in said ponds at anytime and in any manner they please; provided further that nothing herein shall be deemed to modify or repeal the laws of this State regulating shad-fishing; provided further, that it shall be lawful to use gill-nets for the purpose of taking fresh-water mullet, carp, gar, and suckers during the months of December, January and February, provided that the mesh of said gill-net shall not be less than three inches square or six inches when stretched. Provided, that it shall be lawful to take fish in the waters of Broad River, in said State of Georgia, from the point where the highway bridge between Washington and Elberton, Georgia, crosses said stream, to where Broad River empties into Savannah River, during the period of July 15th through August 15th of each and every year after the passage of this Act, with seines having a mesh of not less than one inch when squared. Section as amended. Sec. 2. Be it further enacted, that all laws and parts of laws conflicting with this Act be and the same are hereby repealed. Approved March 12, 1935.

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FISHING BY NON-RESIDENTS; LICENSES. NO. 413. An Act to require the payment by non-residents of this State of an annual license fee for the privilege of fishing in the waters of this State; to fix such fees and provide for the sale of licenses; to provide for the distribution of the funds arising from the sale of licenses; to prescribe penalties for violations of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, it shall be unlawful for any non-resident of this State to fish in any of the streams, lakes, ponds, or other waters of this State, whether fresh or salt, without first obtaining a license so to do from the Commissioner of Game and Fish. Fishing license for non-residents. Sec. 2. That each non-resident of this State who desires to exercise the privilege of fishing in any of the waters of this State shall obtain from the Commissioner of Game and Fish a license and pay therefor a license fee of $5.50. Every such license shall bear date of April 1st of the year in which issued and shall expire on March 31 of the following year. The Commissioner of Game and Fish is authorized to employ or designate agents for the sale of such licenses at such points as in his discretion may be necessary, and to allow such agents as compensation for their services, not exceeding 10% of the fee paid for each such license. License fee $5.50, for year from April 1. Agents for sale of licenses. Sec. 3. That all funds received from the sale of such licenses, less the compensation allowed to the agents selling the same, shall be set apart in a special fund and shall be used exclusively for the operation of the present fish hatcheries now operated by the Commissioner of Game and Fish and for the establishment and operation of other hatcheries and for the distribution of fish from such hatcheries to restock the waters of this State, and to police the streams and waters of this State and for the enforcement of the laws regulating fishing. Fund from licenses, how used.

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Sec. 4. This Act is hereby declared to be enacted by the General Assembly of Georgia for the conservation of the natural resources of the State. Sec. 5. Any person who shall violate any provision of this Act or any non-resident of this State who shall fish in any of the waters of this State without first obtaining a license as herein required, shall be guilty of a misdemeanor. Penalty. Sec. 6. That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 28, 1935. FISH PASSAGEWAYS IN FRESH WATER. NO. 365. An Act to provide for the construction of fish-ladders or passageways for fish over any dam or other obstruction erected by any person, firm, or corporation in the freshwater streams of this State; to assess the cost of same, to issue executions and to provide for the collection of such expense of erection; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same. Section 1. That the Commissioner of Game and Fish of the State of Georgia is authorized to provide for the free passage of fish in the fresh water streams of Georgia for the purpose of spawning and propagating, and to erect or cause to be erected fish-ladders or other passageways whereby fish may pass over any dam or other obstruction placed in the fresh-water streams of Georgia, by any firm, person or corporation. Authority to provide free passageways for fish over dams, etc. Sec. 2. That it shall be the duty of the Commissioner of Game and Fish in this State to give written notice to any person, firm, or corporation, owning, leasing or constructing any dam or other obstruction whereby the free passage of fish is restricted in the fresh-water streams of this State to provide a suitable fish ladder or passageway over any dam

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or other obstruction, and that such person, firm or corporation shall within sixty days after the receipt of such notice provide at its own expense such fish ladder or other suitable passageway for the purpose of allowing fish in such fresh-water to freely pass over such dam or other obstruction. That should any person, firm or corporation owning, leasing or constructing any dam or other obstruction in the fresh water streams of this State, fail and refuse to provide such fish ladder or other passageway after receiving the notice herein required, that the Commissioner of Game and Fish of this State, be and he is hereby authorized to build or erect such fish-ladder or other passageway over such dam or obstruction, and the cost of the same shall be assessed by the Commissioner of Game and Fish against the person, firm or corporation, owning, leasing or constructing such dam or obstruction. That the Commissioner of Game and Fish is hereby authorized to issue an execution as at common law against such person, firm or corporation for the actual expense incurred in construction of such fish-ladder or other passageway, which shall be collected by levy and sale by the sheriffs or other lawful officers of this State from such person, firm or corporation, owning, leasing or constructing such dam or obstruction, as fi. fas. or executions are collected at law. Notice to owners, etc. Execution. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. FORECLOSURE SALES; DEFICIENCY JUDGMENTS. NO. 412. An Act to provide for confirmation of sales under foreclosure proceedings on real estate, to limit and abate deficiency judgments in suits and foreclosure proceedings on debts secured by mortgages, security deeds and other

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lien contracts on real estate, to provide for advertisement of foreclosure sales; 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 when any real estate is sold on foreclosure, without legal process, under powers contained in security deeds, mortgages or other lien contracts, and at such sale said real estate does not bring the amount of the debt secured by such deed, mortgage, or contract, no action may be taken to obtain a deficiency judgment unless the person instituting the foreclosure proceedings shall, within thirty days after such sale, report the sale to the Judge of the Superior Court of the county in which the land lies for confirmation and approval, and obtains an order of confirmation and approval thereon. The court shall require evidence to show the true market value of the property sold under such powers, and shall not confirm the sale unless he is satisfied the property so sold brought its true market value on such foreclosure sale. The court shall direct notice of the hearing to be given the debtor at least five days prior thereto, and at the hearing the court shall also pass upon the legality of the notice, advertisement, and regularity of the sale. The court may, for good cause shown, order a resale of the property. Confirmation of foreclosure sales, notice; deficiency judgments. Order for resale. Sec. 2. Be it further enacted, that no sale of real estate under powers contained in mortgages, debt, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of sheriff's sales in the county in which such real estate, or a part thereof, is located. Sales under power in mortgage, etc. Sec. 3. That all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 28, 1935.

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HISTORICAL MATTER; PRESERVATION. NO. 190. An Act to provide for the accumulation and preservation by counties of historical matter, other than legal matter; to require the ordinary to receive and preserve such historical matter, and to keep an index showing the nature of the matter on file, by whom and when placed on file; to provide for the payment of a fee of 25 cents for each entry made in such index; to constitute the ordinary and the board of education a body with authority to accept or reject any matter submitted to the ordinary for filing, to provide the manner by which this Act may be made effective in any county; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the several boards of county commissioners, of this State, or other county authorities charged with the duties of furnishing supplies for the county shall furnish, purchase, or cause to be furnished or purchased a suitable filing case or other container to be placed in the office of the ordinary of the county and labeled Historical. Counties to have filing cases for historical matter. Sec. 2. The ordinary of the county shall be required to receive from any responsible citizen or citizens any data of a historical nature and place the same on file in said historical container for safe preservation and historical reference. The matter to be entered for preservation must be of general interest and not of a personal nature, and may include records, proceedings or minutes of any religious body or organization, school records not otherwise preserved, records of civic, patriotic or fraternal organizations, records of purely community affairs when of such nature as to be of general interest and not otherwise recorded by court procedure. Ordinary to receive and file data; what included. Sec. 3. The ordinary shall be required to keep a suitable record and index in a book prepared for that purpose of all matter placed in said historical container, with notations as

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to the nature of the matter on file, by whom, and when placed on file, and said ordinary shall be entitled to a fee of 25 cents payable by the person filing such historical matter with the ordinary, for each article or document so deposited by such person for preservation with the ordinary. Record and index; filing fee. Sec. 4. The ordinary and the county board of education are hereby made the sole judges of the admissibility of any matter or document which may be submitted to the ordinary for filing should there arise any question as to the historical value of such matter or document so submitted, and said ordinary and the board of education sitting in regular session shall have authority to accept or reject any matter so submitted. Provided, that the County Historian may submit documents for preservation without payment of a fee to the ordinary, and provided further that the ordinary shall be required to deposit in said container and make proper notations in said book of record all documents in his office pertaining to records of Confederate soldiers and widows of such soldiers, as well as soldiers and/or their widows of all other wars of our nation, a record of which he may have in his office. Discretion of ordinary and board of education. Proviso as to County Historian and war records. Sec. 5. This Act shall not become operative in any county of this State until the same shall have been adopted and recommended by a majority vote of two successive regular grand juries of the county. Act not operative without action by two grand juries. Sec. 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. HOMES FOR AGED PERSONS AND ORPHANS; PERMITS; NUISANCES. NO. 192. An Act to amend an Act approved August 9, 1910, entitled, An Act to provide that in counties having a population of one hundred and twenty-five thousand (125,000) or more, the power shall be vested in the board of county commissioners, or the ordinary in the event there be no

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such board, to grant or refuse permission to establish cemeteries, sanatoriums, hospitals and similar institutions, and to regulate and control the same, and provide the conditions under which the same may be established; and to provide when such institutions may be declared nuisances, and to provide a penalty for the violation of the terms of this Act, and for other purposes (Acts 1910, page 130), so as to make its provisions applicable also to homes for orphans, aged or infirm persons, and similar institutions; and to extend the provisions of said Act to counties adjoining the counties named in said Act of 1910; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that an Act approved August 9, 1910 (Act of 1910, page 130), entitled, An Act to provide that in counties having a population of one hundred twenty-five thousand or more, the power shall be vested in the board of county commissioners, or the ordinary in the event there be no such board, to grant or refuse permission to establish cemeteries, sanatoriums, hospitals and similar institutions, and to regulate and control the same, and provide the conditions under which the same may be established; and to provide when such institutions may be declared nuisances, and to provide a penalty for the violation of the terms of this Act, and for other purposes, be and the same is hereby amended by inserting after the words one hundred and twenty-five thousand (125,000) or more in line 3 of section 1 of said Act the words and in adjoining counties; and further by inserting after the words the board of county commissioners, in line 4 of section 1 the words; or single commissioner of roads and revenues; and further by inserting after the words cemeteries, hospitals, sanatoriums, in line 7 of said section 1 the words, homes for orphans, aged or infirm persons, so that section 1 as amended shall read as follows: Section 1. Be it enacted, that in all counties in this State having a population of one hundred twenty-five thousand (125,000) or more, and in adjoining counties, the board of

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county commissioners or single commissioner of roads and revenues, or, if there be no such board, the ordinary of said county, shall have the power to grant or refuse permission to establish outside of the limits of incorporated towns, cemeteries, hospitals, sanatoriums, homes for orphans, aged or infirm persons, or similar institutions. Amendment of Act of 1910 as to hospitals, etc., in counties of 125,000, or more, population; provisions extended to adjoining counties, and to homes for aged and orphans, etc. Section 1 as amended. Sec. 2. Be it further enacted, that said Act of 1910 be and the same is hereby amended by inserting after the words, or hospital, in line 1 of section 3 of said Act, the following: or home for orphans, aged or infirm persons, so that section 3 as amended shall read as follows: Section 3. No cemetery, or sanatorium, or hospital, or home for orphans, aged or infirm persons, or other similar institution of the character indicated in this Act, shall be established outside of the corporate limits of any town or city in said counties, without the permission of said county authority; and in the event any may be so established without obtaining said authority, then the parties so establishing same shall be guilty of a misdemeanor and such institution shall be subject to be abated as a nuisance. Sec. 3 amended. Permission of county authorities. Punishment or abatement as nuisance. Sec. 3. Be it further enacted by the authority aforesaid, that sections 2 and 4 of said original Act of 1910 shall apply to sections 1 and 3, as herein amended, as fully as if the words inserted herein had been incorporated in said original Act. Secs. 2 and 4 of acts to apply to secs. 1 and 3 as amended. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1935. HUNTING REGULATIONS AND PROHIBITIONS. NO. 415. An Act to regulate hunting in this State, to regulate and prohibit the killing and possession of deer and wild turkeys, to prescribe the season for hunting within said State, to provide for licenses for non-residents, to provide for disposition of funds arising from sale of hunting licenses and fines for violating hunting laws, to provide penalties; 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, it shall be unlawful for any person at any time or at any place within this State, to kill, trap, or hunt, or have in possession any female deer for a period of two years from the date of the passage and approval of this Act. Deer hunting, etc., when unlawful. Sec. 2. Be it further enacted by the authority aforesaid, that after the expiration of two years from the date of the passage and approval of this Act, that the Commissioner of Game and Fish of the State of Georgia shall have the authority to close or extend the provisions of section 1 of this Act for such period of time as may in his judgment and discretion be necessary for the propagation of deer within the State of Georgia. Discretion of Commissioner of Game and Fish. Sec. 3. Be it enacted by the authority aforesaid, that the Game and Fish Commissioner shall have the right to regulate the dates for the open and closed season for the shooting of doves in the various counties in Georgia. Season for dove shooting. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be unlawful for any person to hunt or kill at any time any game bird, deer, turkey, squirrel, or any other species of game within one-half mile of any stream which is in flood until such time that such flood water shall have receded. The term in flood shall be held and deemed to mean when such stream shall have overflown its bank or banks. Provided, however, that this provision shall not prohibit the hunting or killing of wild duck or other water fowl when done from boats upon said stream when in season. When unlawful to hunt, etc., in half mile of stream in flood. Proviso. Sec. 5. Be it further enacted by the authority aforesaid, that no non-resident of this State shall hunt in any of the county or counties of the State until such person shall procure a license from the Commissioner of Game and Fish and such person shall pay the sum of five dollars for such license where such person desires only to hunt in one county which county shall be named on the face of the license issued. If non-resident desires to hunt in more than one of

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the counties of the State he shall first procure a license from the Commissioner of Game and Fish for which he shall pay the sum of twelve dollars and fifty cents. The Commissioner of Game and Fish shall be authorized to pay such fees for the sale of such licenses as may in his discretion be deemed proper and all moneys derived from such licenses shall be used for the propagation and the protection of the game animals and game birds within the State of Georgia. License for non-resident. Sec. 6. Be it further enacted by the authority aforesaid, that it shall be the duty of any person purchasing any license in the form of a button or tag from the Commissioner of Game and Fish for hunting to wear the same in a conspicuous place on his coat or person so that the same may be easily observable to view. Display of button or tag. Sec. 7. Be it further enacted by the authority aforesaid, that the Commissioner of Game and Fish shall have the power and authority to provide by such rules and regulations as he may deem proper and to designate such persons as he may desire as agents of said department to sell all license for hunting, and shall have the power and authority to prescribe the fees to be paid to such agents, not in any event to exceed ten per cent. of the price of said licenses, and to require bond of such agents as in his discretion may be required. Authority to make rules, appoint agents, prescribe fees, require bond. Sec. 8. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, all Wardens and Deputy Wardens shall be known and designated as State Game Protectors and Deputy State Game Protectors. Designation of Wardens as State Game Protectors. Sec. 9. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, it shall be unlawful for any person to kill in any one day more than fifteen quail and shall be unlawful for any person to kill more than thirty quail in any one week, and shall be unlawful for any person to have in his possession at any time more than thirty quail. Quail; limit of number killed or possessed. Sec. 10. Be it further enacted by the authority aforesaid, that any person, firm or corporation violating any of the

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provisions of this Act shall, upon conviction thereof, be punished as for a misdemeanor. Penalty. Sec. 11. Be it further enacted by the authority aforesaid, that the proceeds from all fines and forfeitures arising from the violation of any game or fish law shall be divided equally between the proper officers of the trial court and the Department of Game and Fish. Fund from fines, etc., disposition of. Sec. 12. That section 45-122 of the Code of Georgia of 1933, be and the same is hereby amended by striking from said section all of lines 1, 2, 3, 4, 5, 6, and through the word fund in line 7, to wit: The game and fish protection fund shall be used for the payment of the salary and expenses of the Commissioner of Game and Fish, the salaries and expenses of inspectors, wardens and deputies, and for the conservation and propagation of game and fish in Georgia: Provided, that such salaries and other expenses shall not be payable out of any fund other than the game and fish protection fund, and inserting in lieu thereof the following: All moneys collected or derived from hunting licenses, fines for violating hunting laws, and other receipts derived from the enforcement of the laws pertaining to game shall be used for the purpose of enforcing the game laws of this State, and for the conservation, propagation and re-stocking this State with game birds and animals, so that said section, as amended, shall read as follows: Code 1933, 45-122, amended. Section 45-122. Use and disposition of fund. All moneys collected or derived from hunting licenses, fines for violating hunting laws, and other receipts derived from the enforcement of the laws pertaining to game shall be used for the purpose of enforcing the game laws of this State, and for the conservation, propagation and re-stocking this State with game birds and animals. All such moneys not used for this purpose shall be paid over to the State Treasurer for the benefit of the common school as provided by law. The coastal fisheries fund shall be used to defray the expenses of the Commissioner in Tidewater, Georgia and for the protection, propagation and distribution of seafood during the first year in which received and the following fiscal year,

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and at the end of said fiscal year the surplus remaining shall be paid over to the State Treasury for the benefit of the common school fund. Provided, however the State Game and Fish Commissioner in his discretion is hereby authorized to use not exceeding 50% of all monies collected or derived from hunting licenses and/or fines for violating hunting laws, for the operation and maintenance of fish hatcheries and propagation of fish in Georgia. Section as amended. Sec. 13. 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 28, 1935. INSANE PERSONS; AMENDING ACT. No. 239. An Act to amend an Act in counties of not less than 15,410 and not more than 15,415 according to the census of 1930; to be found in the Acts of 1918 beginning on page 162, and approved August 20, 1918, and being an Act to provide for the trial of insane persons in said State; and to provide for the expenses of the same; and to provide a fee for the sheriffs of the different counties of the State in getting the case ready for trial not to exceed $5.00; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act to be found in the Acts of the General Assembly of this State for the year 1918 and beginning on page 162, and known as the Act for the trial of insane persons, is amended as follows: By adding at the end of section 2 of said Act the following words: The sheriff shall be paid the sum of $5.00 for getting said case ready for trial and having the said alleged insane person before the court, so that said section when amended will read as follows: Ga. L. 1918. p. 162, amended. (See Code 1933, 49-613.) Sheriff's fee in lunacy proceeding.

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Expenses of Proceedings, how paidIt shall be the duty of each ordinary of this State to draw his warrant upon the treasurer of his county for such sum or sums as shall be actually necessary or requisite to defray the expenses of trying every commission of lunacy, provided the sum to be paid in each case shall not exceed $10.00, and actual expenses to each of said reputable physicians, the reputable person not a physician shall not receive more than $5.00 in each case, and for carrying on or conveying such insane person from such county to the sanitarium when such insane person shall be lawfully committed to the sanitarium. When females are committed to the sanitarium, they shall be accompained thereto by a relative, female nurse of female attendant, at the expense of the county; provided that no money shall be drawn from the county treasury for the purposes herein set forth when the estate of such insane person is sufficient to defray such expenses. The sheriff shall be paid the sum of $5.00 for getting said case ready for trial and having the said alleged insane person before the court. Section as amended. Sec. 2. Provided further, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. INSPECTIONS OF STATE INSTITUTIONS, ETC. No. 435. An Act to provide for inspection of all property, institutions and resources of the State by committees appointed by the Speaker of the House and the President of the Senate, to provide for their expenses; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted: Section 1. That from and after the passage of this Act all visitations of members of the General Assembly at the expense of the State shall be by the members of the respective

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committees of the House and Senate. All visitations shall be made by said committees during the ten days Organization Session, and not later unless authorized by a majority of the House or Senate respective. Expenses of such visitation shall be limited to members of the investigating committees. Inspections by members of General Assembly; expense. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. INSURERS; PENAL REGULATIONS. No. 12. An Act to amend an Act entitled An Act to establish a Department of Insurance, and for other purposes, approved the 19th day of August, 1912, and Acts amendatory thereof; and for the purpose of further regulating the business of life-insurance companies, fraternal-benefit societies, and similar companies or societies doing business in this State; to regulate the forms of contracts, which may be issued by such companies, associations, or societies; and to prohibit the inclusion of certain provisions therein; to prescribe the persons to whom payable, and medium of payment of benefits or indemnities which may accure under such contracts; to provide penalties and for the revocation of licenses for the violation hereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act it shall be unlawful for any life-insurance company, fraternal-benefit society, or other similar company, association, or society issuing insurance policies, contracts, or certificates upon the lives of citizens of this State, to designate in said policy, contract, or certificate, or otherwise, the person, firm, or corporation to conduct the funeral of the insured or

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to organize, promote or operate any enterprise or plan, or to enter into any contract with such insured or with any other person, which plan or contract tends to limit or restrict the freedom of choice in the open market of the person or persons having the legal right of such choice regarding contracts, purchases and arrangements with reference to any part of a funeral service for such insured. Insurer's contract as to funeral, prohibition of. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, it shall be unlawful for any life-insurance company, fraternal-benefit society, or similar company, associations, or society issueing life-insurance policies, contracts, or certificates upon the lives of citizens of this State, to provide therein that the face amount thereof, or any loss or indemnity, which may accrue thereunder, shall be payable in anything other than legal tender of the United States and of this State to the beneficiary named therein or the legal representative of such insured; and any provision to the contrary shall be null and void. Insurance to be payable only in legal tender. Sec. 3. Be it further enacted by the authority aforesaid, that it shall be unlawful for any life-insurance company, fraternal-benefit society, association, or similar company; or any person, firm or corporation engaged in writing any type of life-insurance, by whatever term described, upon the lives of citizens of this State, to enter into any contract with any funeral director, or undertaker, providing that such funeral director, or undertaker, shall conduct the funeral of members insured by such insurance company, fraternal-benefit society, or similar company. Contracts as to funerals. Sec. 4. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be unlawful for any life-insurance company, fraternal-benefit society, or similar company, or association, engaged in writing any type of life insurance by whatever name called, upon the lives of citizens of this State, to enter any contract with any citizen of this State, contracting and agreeing to furnish funeral merchandise or services upon the death of any person insured. Same.

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Sec. 5. Be it further enacted by the authority aforesaid, that the violation of any provision hereof by any such life-insurance company, fraternal-benefit society, association, or similar company or any agent thereof, shall be ground for the revocation by the insurance commissioner of this State of the license granted to said company, association, or society, or to said agent. Revocation of license. Sec. 6. Be it further enacted by the authority aforesaid that any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished as for a misdemeanor. Penalty. Sec. 7. 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 repealed. Approved February 11, 1935. INTEREST RATE ON SMALL LOANS. No. 285. An Act to amend an Act to regulate and restrict the rate of interest on small loans of $300 or less, from 3% per month to 1% per month; and for other purposes. To be entitled an Act to amend an Act entitled to license and regulate the business of making loans in sums of three hundred dollars or less, secured or unsecured, at a greater rate of interest than eight (8%) per cent. per annum, prescribing the rate, and the sum not to exceed 3% per month, and prescribing penalties for violation, etc., which Act was approved August 17, 1920; said amendment being to reduce the rate of interest prescribed by this Act from the sum not to exceed 3 per cent month to a sum not to exceed 1% per month; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section 13 of the above-recited Act, regulating loans not in excess of $300, be and the sam is hereby amended by striking from said section 13 of said Act the words three and one-half in the 5th line of said section 13 and inserting in lieu therof the words one and one-half and by striking the figures 3 in the 6th line of said section 13 of this Act aforesaid, when amended, shall read as follows: Section 13. Every person, co-partnership, or corporation, licensed hereunder, may loan any sum of money not exceeding in amount the sum of $300, and may charge, contract for, and receive interest at the rate not to exceed 1% per month. Interest shall not be payable in advance or compounded, and shall be computed on unpaid balances. In addition to the interest herein provided for, no further or other charges, or amounts whatsoever for any examination, services, brokerage, commission, or other thing, or otherwise, shall be directly or indirectly charged, contracted for, or received; except the lawful fees, if any, actually and necessarily paid out by the licensee to any public officer on instrument securing the loan, which fees may be collected when the loan is made or at any time thereafter. Small-loan Act of 1920 amended as to rate of interest; rate not to exceed 1% per month; how computed. Sec. 2. If any interest or charges in excess of those permitted by this Act shall be charged, contracted for, or received, the contract or loan shall be null and void, and the licensee shall have no right to collect or receive any principal, interest, or charge whatsoever. No person shall owe any licensee, as such, at any time more than $300 for principal. Contract void, loan not collectible, where interest excessive. Limit on debt. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935.

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JUDGES AND JURORS; DISQUALIFICATION. No. 411. An Act to further define the qualifications of judges and jurors in all courts of this State, and to define what relationship to interested parties shall disqualify them from serving. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, all judges, grand and trial jurors in the courts of this State, shall be disqualified to preside, act, or serve, in any case or matter, when such judge or juror is related by consanguinity or affinity to any party interested in the result of the case or matter, within the sixth degree, as computed according to the civil law, and relationship more remote shall not be a disqualification. When judge or juror is disqualified by relationship. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. JURY LISTS IN CERTAIN COUNTIES. No. 366. An Act to amend an Act entitled An Act to require the boards of jury commissioners in all counties of this State having a population exceeding 200,000 inhabitants, according to the last United States census of any future census, to place on the jury lists of said counties the names of not less than 10,000 upright and intelligent men to serve as jurors in all the courts of such counties, and to select from these not less than 4,000 of the most experienced, intelligent, and upright men to serve as grand jurors; and for other purposes, approved August 14, 1931, by changing the number to be placed on the grand-jury list; and for other purposes.

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Whereas the Constitution of the State provides that grand jurors shall be composed of the most experienced, intelligent, and upright men, and in order to so provide it is necessary that jury commissioners should know or by proper investigation satisfy themselves that all persons whose names are placed in the grand-jury boxes are qualified to serve on the grand jury; and whereas that Act approved August 14, 1931, referred to in the caption hereof, requires jury commissioners in counties having a population of more than 200,000 to place not less than 4,000 names in the grand-jury boxes; and whereas with six terms a year only 276 persons could serve as grand jurors in two years time, the period in which such boxes are usually revised; and whereas the time and expense to the county necessary for a proper investigation of 4,000 names, to determine whether that number are qualified for grand-jury duty, is unnecessary in view of the small number of persons who could possibly serve on the grand jury: Preamble. Therefore 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 section 1 of said Act be and the same is hereby amended by striking therefrom the figures 4,000 in the 13th line of said Act, and substituting therefor the figures and words 1,000 nor more than 2,000, so that said section when so amended shall read as follows: Grand-jury lists in counties of 200,000 or more population. Section 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 members of the boards of jury commissioners, in all counties of this State having a population exceeding 200,000 inhabitants according to the last United States census or any future census, to revise the jury lists of said counties and to place thereon the names of not less than 10,000 upright and intelligent men, to be selected from the books of the tax-receivers, to serve as jurors. They shall write the names of the persons so selected on tickets, as required by law. They shall select from these not less than

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1,000 nor more than 2,000 of the most experienced, intelligent, and upright men to serve as grand jurors, whose names they shall write upon other tickets. The entire number first selected, including those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county, to be drawn for service as now provided by law; except that when in drawing juries a name shall be drawn as a traverse juror which has already been drawn for the same term as a grand juror, such name shall be returned to the box and another drawn in its stead. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. JUVENILE COURT JUDGE'S SALARY IN CERTAIN COUNTIES. No. 200. An Act to amend an Act approved August 16, 1915 (Ga. Laws 1915, page 35) establishing juvenile courts in certain counties and providing for a judge thereof, and for other purposes, by providing that in counties having a population of 200,000 inhabitants or more by the last U. S. Census or any future census the salary of the judge of said juvenile court shall be seven thousand, five hundred dollars per annum, payable in equal monthly amounts out of the county treasury; and for other 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 approved August 16th, 1915 (Georgia Laws 1915, page 35), establishing juvenile courts in certain counties and providing for the appointment of the judge thereof and providing for the compensation of said judge, be and the same is hereby amended by adding to the first sentence of section 21, the following provision: Provided, however, that in counties having a population of

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200,000 inhabitants or more by the last U. S. census or any future census, the salary of the judge of juvenile court shall not be fixed by the judge of the superior court of said county, but said salary is fixed at seven thousand, five hundred dollars per annum, payable in equal monthly amounts out of the county treasury, so that as amended section 21 of the aforesaid Act shall read as follows: The judge of the superior court of the county shall appoint the judge of said juvenile court for a term of six (6) years, and shall fix the compensation; provided, however, that in counties having a population of 200,000 inhabitants or more by the last U. S. census, or any future census, the salary of the judge of the juvenile court shall not be fixed by the judge of the superior court of said county, but said salary shall be seven thousand, five hundred dollars per annum, payable in equal monthly amounts out of the county treasury. Any attorney at law, who has practiced for three or more years shall be eligible to hold office as judge of said court; provided that among his qualifications shall be interest in children and knowledge of the problems of social service, of philanthropy, and of child life. Salary of juvenile-court judge in county of 200,000 or more population, limit $7,500. Section as amended. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1935. JUVENILE COURTS; AMENDING ACT. No. 231. An Act to amend an Act approved August 16, 1915, 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 detention home and a probation system, and the appointment of

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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, and the amendment thereto adopted and approved August 19, 1916, entitled as above, and found in Georgia Laws 1916, pages 58 to 61, inclusive; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, that the 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, and the amendment thereto adopted and approved August 19, 1916, entitled as above, and found in Georgia Laws 1916, pages 58 to 61, inclusive, be and the same are hereby further amended as follows: Juvenile-court act amended. Section 1. By striking from the fourth and fifth lines of paragraph (a) of section 2 of said August 16, 1915, the words: except in crimes punishable by death or life imprisonment. See Code 1935, 24-2402. Exception stricken. Sec. 2. By adding after paragraph (d) of section 2 of the Act of August 16, 1915, as above described, a new paragraph, to be designated by the letter (e) and to read as follows: (e) Whenever any such juvenile court shall have acquired jurisdiction of any child under sixteen years of age, such jurisdiction shall continue so long as, in the judgment of the

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court, it may be necessary to retain jurisdiction for the correction, or education of such child, but such jurisdiction shall terminate when such child shall attain the age of twenty-one years. Jurisdiction once acquired continues until when. Sec. 3. By striking from the fifth line of section 14 of the said Act of August 16, 1915, the figures and word 17 or 18, and substituting therefor the figures 16; and further by striking from the sixth line of said section the words and punctuation: according to sex. See Code 1935, 2414. Amendment as to age. Sec. 4. By striking from the said Act of August 16, 1915, all of section 17 thereof. Appeals; section stricken. Sec. 5. By striking from line six of section 3 of the said amending Act approved August 19, 1916, the word shall and substituting therefor the word may, and by striking from the seventh line of said section the words of record; by adding and inserting in parentheses directly after the word expense occurring on the eighth and ninth lines of said section the words (except as may be authorized by the board of county commissioners or other authority controlling the fiscal affairs of such county); and by changing the period at the end of the main paragraph of said section to a comma, and adding thereafter the following: Unless the court thus designated is one of a grade or class required by paragraph 1, section 9, of article 6 of the Constitution of this State to be uniform as to jurisdiction, powers, proceedings, and practice, in which event the designation of such court shall be construed as the designation of the judge thereof to preside over a juvenile court for such county, which he shall thereupon establish and conduct as separate and distinct from any other court to which he may have been elected or appointed, so that the main paragraph of said section 3, beginning with the fourth line thereof, when amended, shall hereby be enacted and read as follows: From and after the date of passage of this Act, in all counties having a population of less than sixty thousand (60,000) the judge of the superior court may designate an existing court to act and be known as the juvenile court of said county. This shall involve no additional expense (except as

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may be authorized by the Board of County Commissioners or other authority controlling the fiscal affairs of such county) shall create no new court or judge, but shall merely clothe an existing tribunal with additional powers, unless the court thus designated is one of a grade or class required by paragraph 1, section 9 of article 6 of the Constitution of this State to be uniform as to jurisdiction, powers, proceedings, and practice, in which event the designation of such court shall be construed as the designation of the judge thereof to preside over a juvenile court for such county, which he shall thereupon establish and conduct as separate and distinct from any other court to which h may have been elected or appointed. See Code 1935, 24-2441; 174 Ga. 158. Designation of existing court as juvenile court by judge of superior court, discretionary instead of mandatory. Expense, etc. Paragraph as amended. Sec. 6. By striking from the first line of paragraph (a) of section 3 of said amending Act approved August 19, 1916, the word all and substituting therefor the word any; by striking from the second line of said paragraph the words between thirty-five thousand and, and substituting therefor the words of less than; by striking from the third line of said paragraph the word concurrent; by striking from the third and fourth lines of said paragraph the words two successive grand juries, and substituting therefor the words a grand jury thereof; and by striking from said paragraph all of the last sentence thereof, beginning on the twelfth line with the word Provided; so that when amended said paragraph shall hereby be enacted and read as follows: (a) Nevertheless, in any counties having a population of less than sixty thousand, upon the recommendation of two successive grand juries thereof, the judge of the superior court shall appoint a properly qualified person, of high moral character and clean life, selected for his special fitness for work with delinquent and neglected children, to be the judge of the juvenile court; whereupon it shall be considered that a special juvenile court has been established in said county. The term of the judge so appointed under this section shall be for three (3) years, and the salary may be fixed by the appointing judge with the approval of the county commissioners. See Code 1935, 24-441. Paragraph as amended.

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Sec. 7. By changing the period at the end of section 5 of said amending Act approved August 19, 1916, to a semicolon, and adding thereafter the following: provided that no such judgment or order shall be superseded, except in the discretion of the judge, but the judgment or order of court shall stand until reversed or modified by the reviewing court; provided, further, that the pendency of a certiorari shall not preclude or prevent the juvenile court during the pendency of said certiorari, at a subsequent hearing for cause shown, to modify any judgment or order therefore made, although the effect of such modification may be to suspend the certiorari, so that when amended said section 5 shall read as follows: Sec. 5. The writ of certiorari to the superior courts shall be to all final judgments of the juvenile courts as now lie from justice or other inferior courts, but no direct writ of error shall lie to either of the appellate courts; provided, that no such judgment or order shall be superseded, except in the discretion of the judge, but the judgment or order of court shall stand until reversed or modified by the reviewing court; provided further, that the pendency of a certiorari shall not preclude or prevent the juvenile court during the pendency of said certiorari, at a subsequent hearing for cause shown, to modify any judgment or order made, although the effect of such modification may be to suspend the certiorari. Supersedeas, Modification of judgment pending certiorari. To read as amended. Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. LAND GRANT TO UNITED STATES. No. 25. An Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, Georgia, and also a portion of Cockspur Island in Chatham County, Georgia; and for other purposes.

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Whereas, by Acts of the General Assembly of Georgia passed December 21, 1829 (Dawson's Compilation of the Laws of Georgia, page 272), March 1, 1856 (Acts of 1856, page 255), and March 12, 1866 (Acts of 1865-66, page 217), it was provided that 5,000 acres of the ungranted and unappropriated lands in Chatham County, Georgia, might be granted to Chatham Academy, upon certain conditions therein set out, and that the balance of said land should be sold by the Commissioners of Ungranted Lands and that the interest from the proceeds of said sale should be paid to the Free School Society and the Union Society, both of Savannah, Georgia; and whereas the conditions of said enactments have never been met, and no portion of said lands has ever been granted to Chatham Academy and no portion thereof has ever been sold by the Commissioners of Ungranted Lands for the benefit of the Free School Society or the Union Society, as provided in said Acts, and the title to said lands is now in the State of Georgia, and the benevolent purposes of the State of Georgia in seeking to appropriate said lands for the benefit of Chatham Academy and the Union Society and the Free School Society (which latter society is long since extinct) have never been carried out, and said lands are useless for educational purposes; and whereas, the United States of America owns the fee-simple title to Cockspur Island in the Savannah River in Chatham County, Georgia, on which Fort Pulaski is located, except for a reserve of approximately 20 acres thereon, which reserve was ceded to the United States of America by Act of the General Assembly of Georgia dated December 27, 1845 (Acts of 1845, page 97), with the proviso, that, if at any time the United States of America should cease to occupy Cockspur Island for the purpose of fortification, said reserve should be reinvested in the State of Georgia for the use of public; and whereas, the United States of America has ceased to occupy said reserve for the purpose of fortification, and the title thereto is now in the State of Georgia; and whereas, the United States of America has established all of Cockspur Island as a National Monument, to be known as Fort Pulaski National Monument, and desires to acquire

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title to said reserve and also desires to acquire title to approximately 277 acres of marsh land on McQueen's Island in Chatham County, Georgia, on the south side of the South Channel of the Savannah River, to be used as an approach to said monument and for the purpose of constructing a bridge to Cockspur Island, said 277 acres being part of the ungranted and unappropriated lands hereinbefore referred to; and whereas Savannah Tybee Railway Company acquired and used a right of way on, over, and through said 277-acres tract for the construction and operation of a railway from Savannah to Tybee Island, which right of way was abandoned by its successor in title, Central of Georgia Railway Company, by authority of the Interstate-Commerce Commission and the Public-Service Commission of Georgia; whereupon title to said right of way reverted to the State of Georgia, so that the State of Georgia now has title to said entire tract, except for the right of way for U. S. Highway 80, which runs from Savannah to Tybee Island, Georgia; and whereas, the State of Georgia desires to promote and encourage the establishment and maintenance of Fort Pulaski National Monument, because of its historical and educational value to the people of the State of Georgia; Preamble. Therefore be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The State of Georgia hereby grants to the United States of America all of its right, title, and interest in and to said reserve on Cockspur Island in Chatham County, Georgia, consisting of 20 acres, more or less, together with all accretions thereto, whatever the present acreage of said reserve may be. Grant of land on Cockspur Island to United States. Sec. 2. The State of Georgia hereby grants to the United States of America all of its right, title, and interest in and to 277.39 acres, more or less, of the marsh land located on McQueen's Island in the County of Chatham in the State of Georgia, and more particularly described as follows: Grant of land on McQueen's Island.

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Commencing at the intersection of the north right of way line of U. S. Highway 80, Georgia State No. 26, which is seventy-five feet distant from the center line of said highway, and measured at right angles to same, with the low-water line on the west bank of Lazaretto Creek; thence in a northerly direction along the said low-water line of Lazaretto Creek to the low-water line of the Savannah River (south channel); thence in a westerly direction along the low-water line of the Savannah River (south channel) to a point 55.5 feet east of the center line of the Quarantine Dock. Said point is 45 feet in a northeasterly direction 18 degrees and 47 minutes from a monument marked 16. Said monument 16 is located 502 feet in a northeasterly direction, 18 degrees and 47 minutes, from a point on the center line of U. S. Highway 80, which point is 9117.5 feet, measured on the center line from the eastern face of the western abutment of the bridge on U. S. Highway 80, Georgia State No. 26, which abutment is the seat of the swinging bridge which crosses Lazaretto Creek. From monument 16 thence south 18 degrees and 47 minutes west a distance of 350.0 feet to a point 17, thence south 18 degrees and 49 minutes west for a distance of 327.0 feet to a monument 18. (Monument 18 is 175 feet from the center line of U. S. Highway 80, Georgia State No. 26, at the above-mentioned station 9117.5.) Thence south 71 degrees 11 minutes east a distance of 1168.6 feet to a stake marked 19; thence south 58 degrees 55 minutes east a distance of 1783.4 feet to a stake marked 20; thence south 47 degrees and 00 minutes east a distance of 1651 feet to a monument marked 21; thence south 47 degrees 00 minutes east a distance of 30 feet to the low-water line of the north bank of Lazaretto Creek; thence along the low-water line on the north bank of Lazaretto Creek to the place of beginning, and containing 277.39 acres. Excluding, however, all of the right, title, and interest of Chatham County, Georgia, and the Highway Department of the State of Georgia and of the State of Georgia, in and to the right of way for U. S. Highway 80, Georgia State No. 26, said right of way being 150 feet in width, that is to say 75 feet on each side of the center line thereof. A map of said

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tract of 277.39 acres known as Department of the Interior, National Park Service, Fort Pulaski, proposed taking McQueen's Island, Office of the Acting Superintendent, Savannah, Georgia, July 20, 1934, is on file in the office of the Secretary of State of Georgia. Sec. 3. The lands hereinbefore described are granted to the United States of America for purposes other than those mentioned in article 1, section 8, paragraph 16 of the Constitution of the United States, and upon the express condition that the State of Georgia shall retain jurisdiction as to all civil and criminal processes issued under the authority of this State, which may be executed thereon in like manner as if this Act had not been passed; and upon the further condition that the State of Georgia shall, and it does hereby, retain its civil and criminal jurisdiction over said granted lands and over persons and citizens in said granted territory as over other persons, citizens, and lands in this State. Jurisdiction retained by State. Sec. 4. The Governor is authorized and directed to execute and deliver a deed, in conformity with this Act, granting and conveying the lands described in sections 2 and 3 to the United States of America. Governor to make deed. See correction by next Act, post. Sec. 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1935. LAND GRANT TO U. S.AMENDING ACT. NO. 383. An Act to amend an Act to grant to the United States of America certain ungranted and reverted lands in Chatham County, Georgia, and also a portion of Cockspur Island in Chatham County, Georgia, approved February 16, 1935; and for other purposes.

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Whereas, the above-captioned Act contains an error in the fourth paragraph thereof; therefore, in order to correct the same, be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Preamble. Section 1. That the words and figures, 2 and 3 as contained in said section 4 of said Act be stricken, and the words and figures 1 and 2 be inserted in lieu thereof; so that said section 4 of said original Act when so amended shall read as follows: Correction of preceding Act. Section 4. The Governor is authorized and directed to execute and deliver a deed, in conformity with this Act, granting and conveying the lands described in sections 1 and 2 to the United States of America. Section as amended. Approved March 28, 1935. LAND SALE AUTHORIZED; ISLAND MARSH. NO. 332. An Act to authorize and empower the Governor of the State of Georgia to sell a certain marsh island adjacent to the coast of Chatham County and authorizing and directing the Governor to execute by deed or other written instrument conveying title to the same at either public or private sale provided an acceptable offer of purchase is made. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Governor of the State of Georgia is hereby authorized and empowered to sell at either public or private sale for cash, and to convey by deed or other written instrument, upon receipt of an acceptable offer of purchase, the following described real estate: All that certain tract or parcel of land containing approximately twenty-five (25) acres more or less commonly known as Racoon Key and being located about twenty (20) miles southeast of the

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City of Savannah at the mouth of what is known as Green Island Sound, and being situated northwest of Ossabaw Island and southeast of Green Island; same being an island and bounded as follows: On the north by Green Island Sound, on the east by the Atlantic Ocean, on the south by Ossabaw Sound and on the west by a narrow strip of water known as Hell's Gate; said Island consisting of marsh land with no timber growing thereon. Authority to sell marsh land (Racoon Key). Sec. 2. The proceeds derived from the sale from the above described property shall be deposited in the State Treasury as by law provided. Proceeds to go to Treasury. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 28, 1935. LIBRARIES, AUTHORITY TO ESTABLISH. NO. 181. An Act to provide for the establishment and maintenance of public libraries; 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. Under the provisions of this Act political subdivisions, other than municipal corporations, are hereby authorized to establish and maintain public libraries for purposes of education and to support the same by current revenue or by donations or bequests which they are authorized to receive for that purpose; and such political subdivisions may contract with each other and with such municipal corporations as may be already maintaining libraries within the counties in which such municipal corporations are situated, or in adjoining counties, and may enter into cooperative agreements in the establishment and maintenance of such libraries upon such terms as may be agreed on between their respective governing bodies. Public libraries outside municipalities, authority to maintain.

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Sec. 2. Whenever, under the provisions of this Act, the governing authorities of any political subdivision shall establish a public library therein, the County Board of Education shall, ex-officio, constitute the Library Board; provided, nevertheless, that in the establishment or maintenance of a public library or public library service by contract or cooperative agreement between said political subdivisions, the agreement between the respective governing authorities of said political subdivisions may provide that the Library Board of a political subdivision already maintaining a public library or public library service may constitute the Library Board, or said agreement may provide as to the constituency and method of selection of the Library Board, and such agreements shall be valid to that end; and the Library Board so constituted shall exercise the powers herein conferred upon Library Boards, subject to such terms not inconsistent with the general purposes herein provided for, as may be contained in such an agreement. Library board. Sec. 3. The Library Board, as constituted by this Act, shall have general supervision of the public library established in such political subdivisions, and shall have power to make reasonable rules and regulations for the operation of the same. Said board may establish branches and stations wherever deemed advisable and carry on other forms of library-extension service; they shall create the office of librarian and fix the term and compensation thereof; said office to be filled by a person with professional library training and experience, and shall determine the number and kind of other employees of the library, appointing and dismissing such employees upon recommendation of the librarian for just cause. Said board shall have power to contract within the limits of the funds available to them by appropriations, taxation, bequest, donation, or from other sources. Powers of board. Branches and stations. Librarian. Contracts. Sec. 4. That all laws or parts of laws in conflict with this Act be and same are hereby repealed. Approved March 20, 1935.

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LIEUTENANT-GOVERNOR'S ELECTION. NO. 134. An Act to provide that an election for the office of Lieutenant-Governor shall be first held at the next general election after the approval of this Act; and that the duly elected candidate shall take office at the same time as the Governor elected at said next general election; provided, and provided only, that that resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article 5, section 1, paragraph 8, of the Constitution of Georgia, providing for a Lieutenant-Governor, who shall be President of the Senate, providing for the compensation of the Lieutenant-Governor; and providing for his succession to the executive power in case of the death, resignation, or disability of the Governor, as said resolution was passed by the General Assembly of Georgia at the regular 1935 session thereof, be ratified by the qualified voters and become a valid part of the Constitution of the State of Georgia according to the Constitution and laws of the State of Georgia; 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, at the next general election after the approval of this Act, in the year 1936, there shall be elected a Lieutenant-Governor, for the same term, and in the same manner as the Governor shall be elected at said election. Said Lieutenant-Governor shall take office at the same time that the Governor elected at said next general election takes office. Election of Lieutenant-Governor. Sec. 2. Be it further enacted that, in the event that that resolution proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article V, section 1, paragraph VIII of the Constitution of Georgia, providing for a Lieutenant-Governor, who shall be President of the Senate, providing for the compensation of the Lieutenant-Governor; and providing for his succession to the executive power in case of the death, resignation or

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disability of the Governor, as same was passed by the General Assembly of Georgia at its regular 1935 session, shall be rejected by the qualified voters at the next general election after the approval of this Act, then the person so elected shall never take office as Lieutenant-Governor. It is the purpose of this Act to provide for an election for a Lieutenant-Governor at the same general election at which the proposed amendment to the Constitution providing for a Lieutenant-Governor is submitted to the qualified voters of Georgia for ratification or rejection; and the duly elected Lieutenant-Governor to take office at the same time the Governor elected at the next general election after the approval of this Act takes office, provided, and provided only, that said proposed amendment to the Constitution of the State, providing for the election of a Lieutenant-Governor, be ratified by the duly qualified voters of the State of Georgia pursuant to the Constitution and Laws of the State of Georgia. Proviso as to ratification of amendment to constitution. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 15, 1935. MEDICAL AND SURGICAL APPLICATIONS. NO. 302. An Act to amend 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; to define its duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery; and to define the standing of a medical college; to regulate the issuing and recording of licenses; to define what is considered the practice of medicine; to fix fee for license; to provide for the revocation of license; to require a standard of preliminary education of applicants; to prescribe the penalties for the violation of

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this Act; and for other purposes. Approved August 18, 1913, by striking from the 6th section of said Act the words: Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of a legally incorporated medical college or institution in good standing with the board, and by substituting in lieu thereof the words: Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college or institution in good standing with the board; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly, approved August 18, 1913, and 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; to define its duties and powers; to protect the people from illegal and unqualified practitioners of medicine and surgery; and to define the standing of a medical college; to regulate the issuing and recording of licenses; to define what is considered the practice of medicine; to fix fee for license; to provide for the revocation of license; to require a standard of preliminary education of applicants; to prescribe the penalties for the violation of this Act; and for other purposes, be and hereby is amended by striking from the 6th section thereof the words, Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of a legally incorporated medical college or institution in good standing with the board, and by substituting in lieu thereof the words, Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two Colleges of Medicine

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now existing in the State of Georgia, or from some other legally incorporated medical college or institution in good standing with the board; so that the said 6th section as amended shall read as follows: Sec. 6. Be it further enacted, that any person wishing to obtain the right to practice medicine in this State, who has not heretofore been registered or licensed so to do, shall, before it shall be lawful for him to practice medicine in this State, make application to the board through the secretary-treasurer thereof, upon such form and in such manner as shall be adopted and prescribed by the board, and obtain from the board a license so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice in this State, and if he shall practice medicine in this State without first having obtained such a license, he shall be deemed to have violated the provisions of this Act. All applicants for a license to practice medicine, or for a renewal of any such license which has been revoked, shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two Colleges of Medicine now existing in the State of Georgia, or from some other legally incorporated medical college or institution in good standing with the board. The board shall have the power to revoke the certificate granted to any applicant who makes any misstatement of any material fact in his application for examination. Each applicant shall name in his application the system of practice he proposes to follow, and no person shall use the name of any system unless he holds a certificate from the board. See Code 1933, 84-907. Requirement as to graduation from medical college amended. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1935.

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MILITARY MEDALS. NO. 298. An Act to amend subsection 93 of section 3 of the Act of the General Assembly of Georgia, approved August 21, 1916, entitled, Military Forces Reorganized, by adding thereto the following: To every officer and enlisted man who served honestly and faithfully on the Mexican Border shall be awarded a bronze medal of suitable design and inscription. To every officer and enlisted man who served honestly and faithfully in the World War shall be awarded a bronze medal of suitable design and inscription. These medals shall be furnished by the State through the Adjutant General's office and the expense of same shall be paid out of the military fund. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that subsection 93 of section 3 of the Act of the General Assembly of Georgia, approved August 21, 1916, entitled, Military Forces Reorganized by adding thereto the following: To every officer and enlisted man who served honestly and faithfully on the Mexican Border shall be awarded a bronze medal of suitable design and inscription. To every officer and enlisted man who served honestly and faithfully in the World War shall be awarded a bronze medal of suitable design and inscription. These medals shall be furnished by the State through the Adjutant General's office and the expense of same shall be paid out of the military fund. Medals for service on Mexican border. World War medals. Expense of medals. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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MOTOR-VEHICLE EXECUTIVE ORDERS RATIFIED. NO. 2. An Act to ratify, approve, and confirm the executive orders of the Governor suspending the collection of a portion of the motor-vehicle tag taxes and license fees; to remit, cancel, and annul all of the motor-vehicle tag taxes or license fees accruing since January 1, 1933, or while said orders are effective, or during the regular sessions of the General Assembly in 1935, except the amounts required to be paid by said orders; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the executive orders of the Governor dated March 18, 1933, March 30, 1933, and January 1, 1934, suspending the collection of a portion of the motor-vehicle tag taxes, or license fees, required to be paid under the Georgia motor-vehicle law approved March 30, 1915, as amended by the Act approved August 23, 1927, and as otherwise amended, and as embodied in title 68, chapter 68-2 of the Code of Georgia of 1933, which orders suspended the collection of all such taxes or license fees except $3.00 upon each motor vehicle so registered, and suspended the entire amount of such tax or license fee upon motorcycle side cars, be and the same are hereby ratified, approved, and confirmed. Ratification of Governor's orders suspending collection of part of motor-vehicle taxes and license fees. Sec. 2. That all motor-vehicle tag taxes, or license fees, which have accrued under said Georgia motor-vehicle law, since January 1, 1933, or may hereafter accrue while said orders are effective, and/or during the regular sessions of the General Assembly in 1935, except the amounts required to be paid by said orders, be and the same are hereby remitted, cancelled and annulled. Taxes remitted. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 1, 1935.

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MUNICIPAL SINKING-FUND AND BONDS. NO. 166. An Act to repeal an Act approved October 17, 1923, providing that where a municipality invests its sinking fund in bonds issued by itself, such bonds shall be retired and shall no longer constitute an indebtedness of the municipality, and substituting therefor, the following: Whenever a municipality invests its sinking-fund in bonds issued by itself, if such bonds mature at a date beyond the maturity of other bonds of such municipality, such later bonds may be sold by the city or the sinking-fund commission, and the funds therefrom used to retire earlier municipal bonds as they mature; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. That an Act approved October 17, 1923, providing that whenever a municipal corporation invests its sinking-fund in bonds issued by itself, such bonds shall be retired, or canceled, and no longer constitute an indebtedness of the municipality, be repealed. See Code 1933, 87-703. Sec. 2. In lieu of the foregoing Act, the following is hereby enacted: Whenever a municipality invests its sinking-fund in bonds issued by itself, if such bonds mature at a date beyond the maturity of other bonds of such municipality, such later bonds may be sold by the city or the sinking-fund commission and the funds therefrom used to retire earlier municipal bonds as they mature. Use of sinking-fund bonds. Sec. 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935.

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NARCOTIC-DRUG ACT. NO. 72. An Act to regulate the manufacture, sale, possession, control, prescribing, administering, dispensing, compounding, mixing, cultivation and growth of narcotic drugs in the State of Georgia; to define certain words and phrases as used in this Act; to make it unlawful to manufacture, possess, have under control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized by this Act; to make it unlawful to manufacture, compound, mix, cultivate, grow, or by any other process to produce or prepare narcotic drugs, or as a wholesaler to supply the same, without having first obtained a license to do so from the State Board of Pharmacy, except in the case of physicians and other specifically exempted therefrom; to provide for and regulate the issuance of licenses therefor by the State Board of Pharmacy; to designate the persons, to whom licensed manufacturers or wholesalers may sell and dispense narcotic drugs, but only upon official written orders; to make lawful the possession and control of narcotic drugs obtained as authorized by this Act; to regulate such sales and to require the keeping of proper records thereof; to regulate the administering, dispensing and use of narcotic drugs obtained under the provisions of the Act; to provide for and to regulate the sale and dispensing of narcotic drugs by apothecaries, upon written prescriptions of physicians, dentists and veterinarians; to make lawful the sale of stocks of narcotic drugs in pharmacies upon discontinuance of dealings in said drugs, to manufacturers, wholesalers and apothecaries upon official written orders; to provide for sales by apothecaries, upon official written orders, to physicians, dentists and veterinarians of limited quantities of narcotic drugs and solutions thereof for medical purposes; to authorize and to regulate the prescribing, administering, dispensing, mixing or otherwise preparing of narcotic drugs by physicians and dentists in good faith and in the course of their professional practices only, and the administering of the same by nurses and internes

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under their direction; to authorize and to regulate the prescribing, administering and dispensing of narcotic drugs by veterinarians in good faith and in the course of their professional practices only and the administering of the same by assistants or orderlies under their supervision; to require the return to physicians, dentists and veterinarians of the unused portion of narcotic drugs procured from them under the preceding sections; to provide for cases which shall be exceptions and exemptions from the operation of this Act, and to impose conditions upon such exceptions and exemptions; to require the keeping of records by every physician, dentist, veterinarian and other persons authorized to administer and professionally use narcotic drugs, of such drugs received, and of such drugs administered, dispensed and professionally used by him, and to define what shall constitute a sufficient compliance with this requirement in certain cases, and to dispense with the keeping of such records in certain cases; to require the keeping of records by manufacturers and wholesalers of all narcotic drugs compounded, mixed, cultivated, grown, produced, prepared, received and disposed of by them; to require the keeping of records by apothecaries of all narcotic drugs received and disposed of by them; to require every person who purchases for resale, or who sells narcotic drug preparations exempted by section 8 of this Act, to keep a record of all such preparations received, sold or disposed of; to authorize and direct the Chief State Drug Inspector to prescribe the form of records required under this Act; to require such records to contain certain prescribed information; to require the retention of such records for a period of two years from the date of the transaction recorded; to provide that the keeping of records required by the Federal Narcotic Laws containing substantially the same information as required under this Act shall constitute compliance with said section, with certain exceptions herein contained; to require that whenever a manufacturer sells and dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug prepared by him, he shall affix a label

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thereon containing certain specific information, and prohibiting any person except an apothecary to alter, deface or remove such label; to require that whenever an apothecary sells or dispenses any narcotic drug on a prescription issued by a physician, dentist, or veterinarian, said apothecary shall affix to the container a label containing certain specified information, and to prohibit the altering, defacing or removing of any label so affixed so long as any of the original contents remains; to provide that the person to whom or for whose use, and the owner of any animal for whose use any narcotic drug has been prescribed, sold or dispensed, may lawfully possess such drug only in the container in which it was delivered to him by the person selling or dispensing it; to except from the application of this Act restricting the possession and control of narcotic drugs, common carriers and warehousemen, and their employees while engaged in lawfully transporting or storing such drugs, public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs, and certain other persons; to define a common nuisance under this Act and to prohibit the maintenance of the same; to provide for the forfeiture of all narcotic drugs coming into the custody of peace officers where the lawful possession of the same cannot be established or the title thereto ascertained, and for the destruction and disposal of the same; to provide that the court decreeing the forfeiture of such drugs may upon application of the State Commissioner of Agriculture order forfeited narcotic drugs delivered to said Commissioner for official distribution to hospitals for medicinal use; to provide that the Commissioner of Agriculture may make such distribution to hospitals, and that he may destroy or deliver to the United States Commissioner of Narcotics excess stocks of such drugs; to require the keeping by the Commissioner of Agriculture of certain records pertaining to the receipt and disposal of narcotic drugs under this section; to provide for the revocation and suspension of licenses and registrations of physicians, dentists, veterinarians, manufacturers, wholesalers, and

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apothecaries convicted of the violation of any provision of this Act and for reinstatement of the same; to authorize the inspection by certain officers of prescriptions, orders and records required by this Act, and stocks of narcotic drugs, and to prohibit the divulging by such officers of knowledge so obtained, except in the cases provided for; to provide for the enforced confinement and treatment of any person found upon proceedings had in conformity with the provisions of this Act to be such a habitual user of narcotic drugs as to endanger the public morals, health, safety or welfare, and of any person so far addicted to the use of narcotic drugs as to have lost the power of self control over his addiction; to provide for the commitment by any superior court having jurisdiction of a defendant in a criminal action or proceeding, of such defendant for enforced confinement and treatment in a public hospital or institution under medical supervision, designated by the State Commissioner of Agriculture, when such defendant is a habitual user of narcotic drugs; to provide for the stay of further criminal proceedings and for deferring the imposition of sentence pending discharge of the patient from treatment in accordance with the preceding section; to provide for the commitment of drug addicts upon voluntary application, to such institutions; to prohibit obtaining or attempting to obtain narcotic drugs or the administration thereof by fraud, deceit, misrepresentation or subterfuge, by the forgery or alteration of a prescription or written order, or by the use of a false name or a false address; to prohibit the willful making of any false statement in any prescription, order, report or record required by this Act; to provide that no person shall for the purpose of obtaining a narcotic drug falsely assume the title of, or represent himself to be a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person; to prohibit the forging of a prescription or written order, or the uttering of a false or forged prescription or written order for narcotic drugs; to prohibit the affixing of any false or forged label to a package or receptacle containing any narcotic

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drugs; to provide that it shall not be necessary in any complaint, information or indictment, or in any proceeding brought for the enforcement of any provision of this Act to negative any exception to or exemption from the same; to provide that the burden of proving such exceptions and exemptions shall be upon the defendant; to make it the duty of the Commissioner of Agriculture, his officers, agents, inspectors and representatives, of all peace officers and prosecuting attorneys to enforce this Act, except provisions thereof which specifically delegate such enforcement; to provide that such officers shall cooperate with agencies charged with the enforcement of narcotic laws of this State, of other States and of the United States; to provide for and to prescribe the punishments which may be imposed for violation of this Act; to provide that acquittal or conviction under the Federal Narcotic Laws shall be a bar to prosecution for the same act under this Act; to provide that the invalidity or unconstitutionality of any provision of this Act shall not affect the remaining provisions thereof; to state the general purposes of this Act; and to designate the short title 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 from and after the passage of this Act: Title: Uniform Narcotic Drug Act. See Sec. 26. Section 1. The following words and phrases, as used in this Act, shall have the following meanings, unless the context otherwise requires: Definitions: (1) Person includes any corporation, association, co-partnership, or one or more individuals. Person. (2) Physician means a person authorized by law to practice medicine in this State and any other person authorized by law to treat sick and injured human beings in this State and to use narcotic drugs in connection with such treatment. Physician. (3) Dentist means a person authorized by law to practice dentistry in this State. Dentist.

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(4) Veterinarian means a person authorized by law to practice veterinary medicine in this State. Veterinarian. (5) Manufacturer means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions. Manufacturer. (6) Wholesaler means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions. Wholesaler. (7) Apothecary means a licensed pharmacist as defined by the laws of this State and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this Act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege, that is not granted to him by the pharmacy laws of this State. Apothecary. (8) Hospital means an institution for the care and treatment of the sick and injured, approved by the State Board of Pharmacy as proper to be intrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian. Hospital. (9) Laboratory means a laboratory approved by the State Board of Pharmacy as proper to be intrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction. Laboratory. (10) Sale includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee. Sale. (11) Coca leaves includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves, which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made. Coca leaves.

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(12) Opium includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts. Opium. (13) Cannabis includes the following substances under whatever names they may be designated: (a) The dried flowering or fruiting tops of the pistillate plant Cannabis Sativa L., from which the resin has not been extracted, (b) the resin extracted from such tops, and (c) every compound, manufacture, salt, derivative, mixture, or preparation of such resin or of such tops from which the resin has not been extracted. Cannabis. (14) Narcotic Drugs means coca leaves, opium, cannabis, and every substance neither chemically nor physically distinguishable from them. Narcotic drugs. (15) Federal Narcotic Laws means the laws of the United States relating to opium, coca leaves, and other narcotic drugs. Federal narcotic laws. (16) Official Written Order means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal Law, and if no such order form is provided, then on an official form provided for that purpose by the State Board of Pharmacy. Official written order. (17) Dispense includes distribute, leave with, give away, dispose of, or deliver. Dispense. (18) Registry Number means the number assigned to each person registered under the Federal Narcotic Laws. Registry number. Sec. 2. It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense, or compound any narcotic drug, except as authorized in this Act. Unlawful possession, etc., of narcotic drugs.

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Sec. 3. No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the State Board of Pharmacy. License from Board of Pharmacy. Sec. 4. No license shall be issued under the foregoing section unless and until the applicant therefor has furnished proof satisfactory to the State Board of Pharmacy: Same. (a) That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character. (b) That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application. (c) No license shall be granted to any person who has within five years been convicted of a willful violation of any law of the United States, or of any State, relating to opium, coca leaves, or other narcotic drugs, or to any person who is a narcotic drug addict. (d) The State Board of Pharmacy may suspend or revoke any license for cause. Revocation of license. Sec. 5. (1) A duly licensed manufacturer or wholesaler may sell and dispense narcotic drugs to any of the following persons, but only on official written orders: Persons to whom sales may be made or who may dispense narcotic drugs on official written orders. (a) To a manufacturer, wholesaler, or apothecary. (b) To a physician, dentist, or veterinarian. (c) To a person in charge of a hospital, but only for use by or in that hospital. (d) To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes. (2) A duly licensed manufacturer or wholesaler may sell narcotic drugs to any of the following persons:

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(a) On a special written order accompanied by a certificate of exemption, as required by the Federal Narcotic Laws, to a person in the employ of the United States Government or of any State, territorial, district, county, municipal, or insular government, purchasing, receiving, possessing, or dispensing narcotic drugs by reason of his official duties. (b) To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft, when not in port. Provided: such narcotic drugs shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting assistant surgeon of the United States Public Health Service. (c) To a person in a foreign county if the provisions of the Federal Narcotic Laws are complied with. (3) An official written order for any narcotic drug shall be signed in duplicate by the person giving such order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the narcotic drug or drugs named therein. In event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of two years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. It shall be deemed a compliance with this subsection if the parties to the transaction have complied with the Federal Narcotic Laws, respecting the requirements governing the use of order forms. Official orders for narcotic drugs, requirements as to. Preservation of copies. (4) Possession of or control of narcotic drugs obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. Lawful possession. (5) A person in charge of a hospital or of a laboratory, or in the employ of this State or of any other State, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains narcotic drugs

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under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this State, except within the scope of his employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this act. Restrictions as to use. Sec. 6. (a) An apothecary, in good faith, may sell and dispense narcotic drugs to any person upon a written prescription of a physician, dentist, or veterinarian, dated and signed by the person prescribing on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is dispensed, and the full name, address, and registry number under the Federal Narcotic Laws, of the person prescribing, if he is required by those laws to be so registered. If the prescription be for an animal, it shall state the species of animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and his own signature on the face of the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this act. The prescription shall not be refilled. Prescriptions, requirements as to. (b) The legal owner of any stock of narcotic drugs in a pharmacy, upon discontinuance of dealing in said drugs, may sell said stock to a manufacturer, wholesaler, or apothecary, but only on an official written order. Sale of stock on discontinuing dealing. (c) An apothecary, only upon an official written order, may sell to a physician, dentist, or veterinarian, in quantities not exceeding one ounce at any one time, aqueous or oleaginous solution of which the content of narcotic drugs does not exceed a proportion greater than twenty percent of the complete solution, to be used for medical purposes. Sales to physicians, dentists, etc. Sec. 7. (1) A physician or a dentist, in good faith and in the course of his professional practice only, may prescribe, administer, and dispense narcotic drugs, or he may cause the same to be administered by a nurse or interne under his direction and supervision. Administration, etc., by physicians, dentists, nurses.

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(2) A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense narcotic drugs, and he may cause them to be administered by an assistant or orderly under his direction and supervision. Veterinarians. (3) Any person who has obtained from a physician, dentist, or veterinarian any narcotic drug for administration to a patient during the absence of such physician, dentist, or veterinarian, shall return to such physician, dentist, or veterinarian any unused portion of such drug, when it is no longer required by the patient. Return of unused part of drug to physician, etc. Sec. 8. Except as otherwise in this Act specifically provided, this Act shall not apply to the following cases: (1) Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce, or if a solid or semi-solid preparation, in one avoirdupois ounce, (a) not more than two grains of opium, (b) not more than one-quarter of a grain of morphine, or of any of its salts, (c) not more than one grain of codeine or of any of its salts, (d) not more than one-eighth of a grain of heroin or of any of its salts, (e) not more than one-half of a grain of extract of cannabis, nor more than one-half of a grain of any more potent derivative or preparation of cannabis, (f) and not more than one of the drugs named above in clauses (a), (b), (c), (d), and (e). Exceptions to the Act. (2) Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations, that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that this act shall apply to all liniments, ointments, and other preparations, that contain coca leaves in any quantity or combination. The exemptions authorized by this section shall be subject to the following conditions:

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(a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section, to any one person, or for the use of any one person or animal, any preparation or preparations included within this section, when he knows, or can by reasonable diligence ascertain, that such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any forty-eight (48) consecutive hours, with more than four grains of opium, or more than one-half grain of morphine or of any of its salts, or more than two grains of codeine or of any of its salts, or more than one-quarter of a grain of heroin or of any of its salts, or more than one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of this act. Conditions to which exemptions are subject. (b) The medicinal preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone. Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of this Act. Nothing in this section shall be construed to limit the kind and quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold, to any person or for the use of any person or animal, when it is prescribed, administered, dispensed, or sold, in compliance with the general provisions of this Act. Sec. 9. (1) Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such drugs received by him, and a record of all such durgs administered,

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dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with this subsection if any such person using small quantities of solutions or other preparations of such drugs for local application, shall keep a record of the quantity, character, and potency of such solutions or other preparations purchased or made up by him, and of the dates when purchased or made up without keeping a record of the amount of such solution or other preparation applied by him to individual patients. Record of drugs. Provided: That no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient, when the amount administered, dispensed, or professionally used for that purpose does not exceed in any forty-eight consecutive hours, (a) four grains of opium, or (b) one grain of morphine or any of its salts, or (c) two grains of codeine or any of its salts, or (d) one-fourth of a grain of heroin or of any of its salts, or (e) one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis, or (f) a quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency of any one of the drugs named above in the quantity stated. Proviso. (2) Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section. (3) Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with provisions of subsection 5 of this section. (4) Every person who purchases for resale, or who sells narcotic drugs preparations exempted by section 8 of this Act, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection 5 of this section.

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(5) The form of records shall be prescribed by the Chief State Drug Inspector. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabie Sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two years from the date of the transaction recorded. The keeping of a record required by or under the Federal Narcotic Laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft. Form of records. Sec. 10. (1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. No person except an apothecary for the purpose of filling a prescription under this Act, shall alter, deface, or remove any label so affixed.

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(2) Whenever an apothecary sells or dispenses any narcotic drugs on a prescription issued by a physician, dentist, or veterinarian, he shall affix to the container in which such drug is sold or dispensed, a label showing his own name, address, and registry number, or the name, address, and registry number of the apothecary for whom he is lawfully acting; the name and address of the patient, or, if the patient is an animal, the name and address of the owner of the animal and the species of the animal; the name, address, and registry number of the physician, dentist, or veterinarian, by whom the prescription was written; and such directions as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed. Labels. Sec. 11. A person to whom or for whose use any narcotic drug has been prescribed, sold, or dispensed, by a physician, dentist, apothecary, or other person authorized under the provisions of section 5 of this Act, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully posses it only in the container in which it was delivered to him by the person selling or dispensing the same. Containers. Sec. 12 (1) The provisions of this Act restricting the possessing and having control of narcotic drugs shall not apply to common carriers or to warehousemen, while engaged in lawfully transporting or storing such drugs, or to any employee of the same acting within the scope of his employment; or to public officers or employees in the performance of their official duties requiring possession or control of narcotic drugs; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is for the purpose of aiding public officers in performing their official duties. Possession by common carriers, warehousemen, officers, employees, etc., when not unlawful. Sec. 13. Any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by narcotic drug addicts for the purpose of using narcotic drugs or which is used for the illegal keeping or selling of the same, shall be deemed a common nuisance.

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No person shall keep or maintain such common nuisance. Places deemed nuisances. Sec. 14. All narcotic drugs the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows: Forfeiture. (a) Except as in this section otherwise provided, the court of magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where said drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept, and a return under oath, reporting said destruction, shall be made to the court or magistrate and to the United States Commissioner of Narcotics, by the officer who destroys them. Records. (b) Upon written application by the State Commissioner of Agriculture, the court or magistrate by whom the forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to said State Commissioner of Agriculture for distribution or destruction, as hereinafter provided. Delivery to Commissioner of Agriculture. (c) Upon application by any hospital within this State, not operated for private gain, the State Commissioner of Agriculture may in his discretion deliver any narcotic drugs that have come into his custody by authority of this section to the applicant for medicinal use. The State Commissioner of Agriculture may from time to time deliver excess stocks of such narcotic drugs to the United States Commissioner of Narcotics, or shall destroy the same. Hospitals. (d) The State Commissioner of Agriculture shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the dates of the receipt, disposal, or destruction, which record shall be open to inspection by all Federal and State officers charged with the enforcement of Federal and State narcotic laws. Record by Commissioner of Agriculture.

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Sec. 15. On the conviction of any physician, dentist, veterinarian, manufacturer, wholesaler, or apothecary of a violation of any provision of this Act, in any court of competent jurisdiction, the clerk of said court shall send a certified copy of the indictment, plea, verdict, and sentence to the board or officer, by whom the convicted defendant has been licensed to practice his profession or to carry on his business. Such board or officer may in its or his discretion, suspend or revoke the license or registration of the convicted defendant to practice his profession or to carry on his business. On the application of any such convicted defendant whose license or registration has been suspended or revoked, upon proper showing and for good cause said board or officer may reinstate such license or registration. Any court of competent jurisdiction in which such a defendant is convicted of a violation of any provision of this Act shall have the power in its discretion to suspend or revoke the license or registration of the convicted defendant, and may thereafter, upon proper showing and for good cause reinstate such license or registration; provided that no board or officer shall reinstate any such license or registration where the same shall have been suspended or revoked by a court of competent jurisdiction; and provided further that no court shall reinstate any license of such a convicted defendant which has been revoked by the board or officer by whom the convicted defendant was licensed to practice his profession or to carry on his business, except upon a proceeding brought in a court having jurisdiction over said board or officer for the purpose of setting aside or restraining such suspension or revocation of license. Record of conviction of physician, etc., to be sent to licensing board or officer. Suspension of revocation of license or registration. Reinstatement. Sec. 16. Prescriptions, orders, and records, required by this Act, and stocks of narcotic drugs, shall be open for inspection only to Federal, State, County and Municipal officers, whose duty it is to enforce the laws of this State or of the United States relating to narcotic drugs. No officer having knowledge by virtue of his office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which

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prosecution or proceeding the person to whom such prescription, orders, or records relate is a party. Secrecy. Sec. 17. (a) Whenever an affidavit duly verified by a person claiming to have knowledge of the facts and setting forth that any person named or described therein habitually uses any narcotic drug as defined in this Act, so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such drugs as to have lost the power of self control with reference to his addiction, shall be filed with the Solicitor General of any judicial circuit, including the county in which such alleged habitual user of narcotic drugs is or may be found, or with the Solicitor of any county or city court, such Solicitor shall issue a notice requiring the person so named or described to appear before a judge of the City, County, or Superior Court in chambers at a time and place specified in such notice and shall cause a copy thereof to be served, by the sheriff or other officer duly qualified to serve process in civil or criminal cases, upon the person so named or described. Copy of such notice shall be transmitted by mail to the State Commissioner of Agriculture. The affidavit, and the original notice shall be filed with the clerk of the court at or before the time specified for such appearance, but the same and all other records and files of the proceedings shall be open for inspection only to the person named or described therein or his counsel or by public officers. Filling affidavit as to use, etc., with Solicitor; investigation. Notice. Privacy. (b) At the time and place specified in the notice, the person named or described in such notice, or his counsel being present, the judge shall hear the evidence presented, and may appoint a commission of two physicians who shall examine such person and certify to the court as to whether such person is a habitual user of habit-forming drugs as contemplated in subsection (a). Upon being satisfied that the allegations contained in the affidavit are true, the judge shall make and file an order requiring the person named forthwith to take and continue treatment for the cure of such drug addiction at a private institution under medical jurisdiction to be selected by the person committed and

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approved by the State Commissioner of Agriculture, if such person is able to pay therefor, otherwise at some public hospital or institution under medical jurisdiction, other than a penal institution, selected by the State Commissioner of Agriculture, and at the expense of the State, County, or City. In the event the judge is not satisfied from the evidence adduced that the person is a habitual user of habitforming drugs as contemplated in subsection (a), he may order the commitment of such person for observation for a period not exceeding thirty (30) days and upon expiration of that time shall consider the testimony of the superintendent or physician in charge together with the evidence theretofore presented in rendering decision on the commitment of such person. The order of commitment shall require reports to be made to the court and to the State Commissioner of Agriculture at stated intervals therein specified by the physician or superintendent in charge, as to the effect and progress of the treatment. A copy of the order forthwith shall be served upon said person. The care and treatment of persons committed under this section shall be designed to rehabilitate them and restore them to mental and physical health; under regulations prescribed by the State Commissioner of Agriculture, the physician or superintendent in charge of the institution may parole inmates, but such persons shall be finally discharged from further treatment and supervision only by the committing magistrate or his successor and only upon the recommendation of the superintendent or physican in charge of the institution to which committed. Examination by physicians. Order by judge. Treatment, expense. Commitment for observation. Reports as to treatment, etc. Parole, discharge. (c) Any trial court having jurisdiction of a defendant in a criminal action or proceeding, if it appears that the defendant habitually uses narcotic drugs as contemplated in subsection (a), may in its discretion likewise commit such person for treatment and rehabilitation to a public hospital or institution under medical supervision designated by the State Commissioner of Agriculture. In any such case the court may in its discretion stay further criminal proceedings or defer the imposition of sentence pending the discharge of

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the patient from treatment in accordance with the procedure outlined in subsection (b) of this section. Commitment to hospital, etc. Stay of criminal proceedings. (d) Upon the recommendation of a duly licensed practicing physician or public health official that a person habitually uses narcotic drugs as contemplated in subsection (a), a judge or magistrate of a city, county or state court may commit to a public institution under medical supervision and duly approved by the State Commissioner of Agriculture a person making voluntary application for treatment for drug addiction. A person so committed shall not be detained under such voluntary agreement more than ten days from and inclusive of the date of notice in writing of his intention or desire to leave such hospital or institution. Commitment of addict making application for treatment. Period of detention under such commitment. (e) Any person who shall fail, refuse, or neglect to comply with the terms and conditions of any order of a court duly issued and served in accordance with this section shall be deemed in contempt of court and shall be proceeded against accordingly. Competency of physician as witness. Sec. 18. (1) No person shall obtain or attempt to obtain a narcotic drug, or procure or attempt to procure the administration of a narcotic drug, (a) by fraud, deceit, misrepresentation, or subterfuge; or (b) by the forgery or alteration of a prescription or of any written order; or (c) by the concealment of a material fact; or (d) by the use of false name or the giving of a false address. Fraud, etc., in obtaining drug. (2) Any physician who dispenses a narcotic drug or prescribes or administers such drug as a result of false and fraudulent information communicated to such physician, shall, upon the trial of such person so obtaining such narcotic drug, prescription, or administration, be a competent witness. Competency of physician as witness. (3) No person shall willfully make a false statement in any prescription, order, report, or record, required by this Act. Misstatements. (4) No person shall, for the purpose of obtaining a narcotic drug, falsely assume the title of, or represent himself to

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be, a manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized person. (5) No person shall make or utter any false or forged prescription or false or forged written order. Forgery. (6) No person shall affix any false or forged label to a package or receptacle containing narcotic drugs. (7) The provisions of this section shall apply to all transactions relating to narcotic drugs under the provisions of section 8 of this Act, in the same way as they apply to transactions under all other sections. Scope of this section. Sec. 19. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this Act, it shall not be necessary to negative any exception, excuse, proviso, or exemption, contained in this Act, and the burden of proof of any such exception, excuse, proviso, or exemption, shall be upon the defendant. Burden of proof in prosecutions. Not necessary to negative exceptions, etc. Sec. 20. It is hereby made the duty of the Commissioner of Agriculture, his officers, agents, inspectors, and representatives, and of all peace officers within the State, and of all prosecuting attorneys, to enforce all provisions of this Act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs. Duty of Commissioner of Agriculture and other officers in enforcement of Act. Sec. 21. Any person violating any provision of this Act shall be guilty of a felony, and shall, upon conviction, be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than ten years: Provided, that the jury on the trial may recommend that the defendant be punished as for a misdemeanor, and if the trial judge shall approve the recommendation the defendant shall be so punished. Violation of Act a felony; punishment 1 to 5 years; jury may recommend misdemeanor punishment. Sec. 22. A judgment of conviction or acquittal on the merits under the laws of the United States for any alleged

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violation of the narcotic laws thereof shall be a bar to any prosecution hereunder for the same act or acts. Bar of prosecution by former judgment. Sec. 23. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. Invalidity of part of Act not affect other parts. Sec. 24. This Act shall be so interpreted and construed as to effectuate its general purpose, to make uniform the laws of those States which enact it. Construction of Act. Sec. 25. All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed. Sec. 26. This act may be cited as the uniform narcotic drug act. Title of Act. Sec. 27. This act shall take effect immediately upon becoming a law of this State. Approved March 24, 1935. NATIONAL EMPLOYMENT SYSTEM. NO. 108. An Act to provide for the acceptance of an Act of the Congress of the United States effective June 6, 1933, entitled An Act to provide for the establishment of a National Employment System and for cooperation with the States in the promotion of such system and for other purposes; to designate a State agency vested with all powers necessary to cooperate with the United States employment service under said Act; to designate a custodian of all moneys received by the State from appropriations made by the Congress of the United States for the purposes stated; to provide for appropriations for the purposes of this Act for the period June 30, 1935, to December 31, 1935, inclusive; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the State of Georgia does hereby accept the provisions and benefits of the Act of Congress entitled, An Act to provide for the establishment of a National Employment System and for cooperation with the States in the promotion of such systems and for other purposes, approved June 6, 1933. Provisions and benefits of Act of Congress accepted. Sec. 2. That the Governor is hereby designated as the agent of the State as required by such Act of Congress hereinbefore specified in section 1, and as such agent is hereby authorized, empowered and directed to cooperate with the United States employment service under and pursuant to the terms, conditions, provisions and requirements of such Act and he shall have and exercise all powers necessary therefor. The Governor is hereby further authorized, empowered and directed to take such steps and to formulate such plans and to execute such projects as may be necessary or appropriate to obtain for and on behalf of the State the full benefits, advantages and privileges derivable under and pursuant to such Act of Congress. The Governor shall appoint a State Employment Director to administer this Act and fix his compensation. Governor designated as agent for State. Governor to appoint State Employment Director. Sec. 3. That the State Treasurer is hereby designated as custodian of, and authorized and empowered to receive from the Federal Government any and all funds allocated or appropriated to the State under such Act of Congress. Such moneys shall not become general funds of the State, but shall be placed in a special fund and shall be disbursed upon Executive Warrant upon requisition of such agency or official as may be designated by the Governor to administer this Act, for the purposes specified in such Act of Congress or in any agreement or plan entered into or formulated by the Governor with the United States employment service pursuant to such act. State Treasurer to receive Federal funds; disbursement. Sec. 4. The General Assembly is authorized to make such appropriation as may from time to time be necessary to meet the requirements of said Act of Congress. Such appropriations

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shall be used and expended by the agencies or official appointed by the Governor for the purpose hereinbefore provided. Appropriations authorized. Sec. 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935. NATIONAL SHRINES OR PARKS; CONSENT. NO. 341. An Act giving the consent of the State to the acquisition by the United States by purchase or gift, or by condemnation according to law, of certain lands on St. Simon's Island, Glynn County, Georgia, for establishment of national shrines or parks; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. That the consent of the State of Georgia is hereby given to the acquisition by the United States by purchase or gift, or by condemnation according to law, of fifty (50) acres of land, more or less, on the northwest end of St. Simon's Island, in Glynn County, Georgia, known and described as Frederica Military Settlement or town, for the purpose of establishing a national shrine or park in commemoration of the settlements and battles of Gen. Oglethorpe. Consent to U. S. acquiring Frederica Military Settlement as national shrine or park. Also site of battle of Bloody Marsh. Sec. 2. The consent of the State of Georgia is hereby given to the acquisition by the United States by purchase or gift, or by condemnation according to law, of the site of the Battle of Bloody Marsh on St. Simon's Island in Glynn County, Georgia, with such acreage as might be desired, to be used in establishing a national shrine or park in commemoration of the battle fought at said site between Gen. Oglethorpe and the Spanish forces. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935.

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OKEFENOKEE SWAMP LANDS TO U. S. NO. 91. An Act to amend an Act approved August 17, 1929 which said Act amends an Act approved August 18, 1917, which said Act amends an Act approved December 18, 1901 so as to give the State of Georgia the authority to permit the United States to acquire lands in and around the Okefenokee Swamp in addition to the powers granted under the Act of December 18, 1901, and all Acts amendatory thereof; to give the State of Georgia the authority to permit the United States to acquire rights-of-way and lands on which to build roads, highways, and bridges in and around the Okefenokee Swamp and rights-of-way and land on which to build roads, highways, and bridges to connect said swamp highway with other highways; 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, section 1 of the Acts of 1929 approved August 17, 1929, pages 239 and 240 are hereby amended by inserting after the words wild-life sanctuaries in the 20th line of said section 1 the following: And also rights-of-way and land on which to build roads, highways and bridges in the Okefenokee Swamp and rights-of-way and land on which to build roads, highways, and bridges to connect said swamp road with other highways, so that said section when amended shall read as follows: That the consent of the State of Georgia be and is hereby given to the acquisition by the United States by purchase or gift, or by condemnation according to laws, of only such lands as may be contracted, proposed or offered for sale in writing by the ostensible owner to the United States, in which the owner consents to such condemnation of such lands in the mountain region of Georgia and in, and around, the Okefenokee Swamp as in the opinion of the State and Federal Government may be needed for the establishment of national forest reserves, forest experiment stations, wildlife sanctuaries, and also rights-of-way and land on which

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to build roads, highways and bridges in the Okefenokee Swamp and rights-of-way and land on which to build roads, highways and bridges to connect said swamp road with other highways, or for any development purposes best suited on these lands to be acquired by the United States; provided that the State shall retain concurrent jurisdiction with the United States in and over such lands so far that civil process is concerned in all cases, and such criminal process as may issue under the authority of any crime against any person charged with the commission of any crime without or within said jurisdiction may be executed thereon in like manner as if this Act had not been passed; and provided that in all condemnation proceedings the rights of the Federal Government shall be limited to the specific objects set forth by the laws of the United States in regard to forest reserves or wild-life sanctuaries, rights-of-way on which to build roads, highways and bridges. Consent to U. S. acquiring land in Okefenokee Swamp. Section as amended. Sec. 2. Be it further amended 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, 1935. PARKING OF VEHICLES; PENALTY. No. 309. An Act to regulate parking motor vehicles and other vehicles on the State-aid roads; to prescribe penalties for violations of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act it shall be unlawful for any person to stop or park any automobile, automobile truck, tractor, trailer, or other motor vehicle, or horse-drawn vehicle on or along any State-aid road or highway, unless such vehicle be placed so that it is at least eight feet removed from the center line of such State-aid road or highway; and such vehicle shall be

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so parked that no portion thereof shall be within eight feet of the center line of such State-aid road or highway. Parking of vehicles on State-aid roads, regulated. Sec. 2. That any person who shall violate any provision of this Act shall be guilty of a misdemeanor. Penalty. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. PARKS, AUTHORITY TO ESTABLISH. NO. 48. An Act to authorize the board of county commissioners or other administrative authority of all counties in this State having a present population of not less than twelve thousand nine hundred five nor more than twelve thousand nine hundred ten, 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; 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 the authority of the same. Section 1. That the board of county commissioners or other administrative authority of all counties in this State having a present population of not less than twelve thousand nine hundred five nor more than twelve thousand nine hundred ten, according to the United States census for the year 1930, and without regard to their subsequent variations

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in populations, shall have authority to acquire, own, hold, and administer lands for the purposes 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. Authority of counties of 12,905 to 12,910 to acquire land for parks, historic sites, monuments, etc. Sec. 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. Authority to accept donations, charge admission fees, etc. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1935. PENSIONS OF CITY EMPLOYEES; AMENDING ACT. NO. 403. An Act to amend an Act approved August 20, 1927, entitled An Act to provide that cities having a population of more than (150,000) one hundred and fifty thousand by the United States census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served for twenty-five (25) years, now in active service, whose names are on the payroll of the city, and to future members as specified; to provide that such cities shall deduct from the salaries or wages of such officer and employee two per centum (2%), which shall be set aside in trust for and to make up any deficiency

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from the current funds of such cities; to provide for the collection and management of the funds; to create a Board of Trustees; to provide that this Act shall not repeal or otherwise affect any other pension now or hereafter paid by such cities, but that no pensioner shall receive two pensions; to provide that the sums due the pensioners shall not be subject to garnishment or judgment, and shall not be assignable; to provide that this Act shall not affect the workmen's compensation law or similar laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of 1927, set forth in the caption to this Act, and all Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. That section 3 of the Act of 1927, set forth in the caption to this Act, be and the same is hereby amended by adding at the end of section 3 the following sentence: The maximum amount to be paid to any officer or employee as a pension, under this Act, shall be the sum of one hundred dollars ($100.00) per month. Be it further enacted, that a new section be added to the Act of 1927 set forth in the caption to this Act to be known as section 3-A, and reading as follows: Section 3-A. Be it further enacted that all pensioners now receiving pension under the provisions of this Act, shall after May 1, 1935, receive pensions in accordance with these provisions and any pensioners now drawing pensions in excess of the maximum herein fixed, shall be reduced to the maximum herein specified so that no person now on pension rolls under this Act will after May 1, 1935, receive a pension in excess of the amount of one hundred ($100.00) dollars. Sec. 2. Be it further enacted, that section 5 of said Act be and the same is hereby amended, by striking the words two (2) per centum, and substituting in lieu thereof the words three (3) per centum, so that as amended said section 5 shall read: The sum of three (3) per centum

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shall be deducted from the salaries or wages of all officers and employees of such cities as and when paid. This sum shall be retained by the City Treasurer, and is hereby set apart as a pension fund free from the control of such cities for any other purpose of expenditure, and further provided that the deduction from salaries or wages of the officers and employees covered by this Act shall be limited to the sum of two hundred ($200.00) dollars per month and no deduction shall be made from the balance of said salaries in excess of this amount. Sec. 3. Be it further enacted, that section 6 of the Act of 1927, referred to in the caption to this Act, be and the same is hereby repealed, and in lieu thereof the following is enacted: In addition to the fund derived from the deductions from salaries and wages of those who have elected to come under the provisions of said Act, the cities shall add annually from the general revenue of such cities, a sum equal to three (3) per centum of the salaries or wages of all officers and employees, from which salaries the three (3%) per centum herein provided for is deducted. This appropriation from the city's revenue of three (3%) per centum shall become effective May 1, 1935, and this sum when paid over to said treasurer shall constitute the pension fund, herein provided for, and shall be free from the control of such cities for any purpose whatever, and shall be used only for the payment of pensions. Should said fund at any time be insufficient to meet and pay said pensions, such cities shall supplement by appropriations from current funds, other than funds derived from ad valorem taxes, sufficient amounts to make up the difference. Sec 4. Be it further enacted, that any employee participating in the provisions of this Act and leaves the employ of said cities before being eligible for retirement shall have refunded to him an amount equal to the amount paid into the said fund less two (2%) per centum per year to cover each year that the employee has paid into the fund and received protection under this Act. To illustrate, if at the end of the first year the employee has paid into said fund

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ten ($10.00) dollars, and leaves the services of the cities or withdraws from the pension fund, he shall be entitled to a refund of said ten ($10.00) dollars less two (2%) per centum. If at the end of ten (10) years the employee has paid into said fund one hundred ($100.00) dollars, and leaves the services of the cities or withdraws from the pension fund, he shall be entitled to a refund of one hundred ($100.00) dollars less twenty (20%) per centum, or if at the end of twenty-four (24) years the employee has paid into the fund two hundred and forty ($240.00) dollars and leaves the employ of the cities, or withdraws from the pension fund, he shall be entitled to a refund of two hundred forty ($240.00) dollars, less forty-eight (48%) per centum. Sec. 5. Be it further enacted, that any officer or employee who is not now contributing to any pension fund may, on or before January 1, 1936, become a member of such pension fund and be entitled to all of the emoluments herein provided and receive credit for all of the years of his services, nor exceeding fifteen (15) years, provided he shall pay into said fund the sum of two (2%) per centum of his salary, to be computed from November 1, 1927 up to May 1, 1935, in the event he does not provide for the payment of said pension to his widow, and in event he does provide for the continuance of such payments to his widow, he shall pay three (3%) per centum of such salary from November 1, 1927 to May 1, 1935, and such total amount that may be due to be paid into said pension fund shall be divided into fifty (50) equal installments to be paid monthly over a period of fifty (50) months beginning as of the date of his entrance into said fund. Sec. 6. Be it further enacted, that after May 1, 1935, all persons coming within the provisions of this Act who have previously designated as beneficiary their wife, or who in the future may designate as their beneficiary their wife, shall pay into said fund the sum of one (1%) per centum more of their monthly salary than is specified in Section Two (2) of this amended Act.

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Sec. 7. Be it further enacted, that any and all officers and employees, except the Mayor and members of the General Council and department heads elected by the people, who shall become officers or employees of the City of Atlanta after May 1, 1935, shall be compelled to come under the provisions of said Act other than those eligible for participation in existing Firemen and Police Pension Laws, and shall pay into said fund the amount prescribed by this Act. The words officers and employees shall be defined as such officers and employees as may be regularly employed by said cities and who receive an annual wage or salary from said cities of not less than twelve hundred ($1200.00) dollars. This Act does not apply to casual employees who receive a daily or hourly wage. Sec. 8. Be it further enacted, that the pensions set up and provided for in this Act shall, in case of death of the pensioner if said pensioner has complied with all the requirements of this Act as to designating the surviving widow, if such pensioner shall leave a surviving widow, be a sum equal to three-fourths (ths) of the amount the pensioner would have received and shall be paid to such widow during the remainder of her life except that such widow's pension shall be discontinued in case of her re-marriage. In case the officer or employee could have secured a pension on account of his services but failed to do so and continued in the service of the city and died without having a pension set apart to said widow subject to the restrictions herein named and provided the pensioner has paid for such privilege, such widow may apply for and receive a pension of three-fourths (ths) of the amount equal to what her deceased husband would have been entitled to and have the sum of said pension set apart to her during her life of widowhood. Provided, however, in order to entitle the widow to a pension under this Act, she must have been the wife of the officer or employee of such cities for a period of five (5) years prior to the retirement of such pensioner or for five (5) years prior to the time such pensioner was entitled to retire on a pension, or for five (5) years prior to the death of such pensioner, as provided by the terms of this Act.

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Sec. 9. Be it further enacted, that if any part or section of this Act shall be held unconstitutional, the remainder of this Act shall be in full force and effect, provided the general terms of this Act shall still be carried out. Sec. 10. All laws and parts of laws in conflict with this law are hereby repealed. Approved March 28, 1935. PENSIONS OF FIREMEN; AMENDING ACT. NO. 434. An Act to amend an Act approved August 13, 1924, published in Acts of 1924 on pages 167 to 173, inclusive, and all laws amendatory thereto, entitled: An Act to provide that cities having a population of more than one hundred and fifty thousand (150,000) by the United States census of 1920 or any subsequent census shall furnish aid, relief, and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their defendants in specified cases. To provide how such members who have served twenty-five years may be retired for life on half pay. To provide how such members shall be paid in cases of total disability resulting from such service, and how such total disability may be determined. To provide for relief in case of sickness or accident resulting from such service. To provide for the relief of dependents and to provide for widows and children of deceased pensioners to be paid in case of death of any such member resulting from said services. To provide that such cities shall levy tax of one (1%) per centum on the salaries of such members in active service on pay-roll and to future members to raise in part the funds to pay such aids, reliefs and pensions, collectible monthly. To provide that such cities shall use one-fifth (1/5) of the tax collected on fire and lightning insurance companies or associations from the premiums thereof on property situated within the corporate limits of such cities; to

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pay such aid, relief and pensions. To provide that such cities shall levy a tax of one and one-fourth (1-) per centum on the premiums of such fire and lightning insurance companies on property situated within the corporate limits of such cities. To provide that one and one-fourth (1-) per centum shall be the limit which such cities shall be allowed to tax the premiums of such fire and lightning insurance companies or associations on premiums collected on property situated in the corporate limits of such cities. To provide that one and one-fourth (1-) per centum shall be the limit which such cities shall be allowed to tax the premiums of such fire and lightning insurance companies or associations on premiums collected on property situated in the corporate limits of such cities. To provide how such funds shall be collected, deposited, and managed for the members of such fire departments now in active service and whose names are on the pay-roll of such departments and for future members. To create a board of trustees and provide for their section and election, to manage, deposit, disburse upon order and invest said funds which shall be raised by one (1%) per centum tax on the salaries of members now in active service and future members, and one-fifth (1/5) of the premium tax on fire and lightning insurance taxes. To provide that this Act shall not repeal nor in any wise affect any benefit or pension now being paid by those who were receiving the same prior to the passage of this Act; and that this Act shall not apply to those receiving pensions or benefits prior to the passage of this Act. To provide that such board of trustees shall make all necessary rules for carrying out the terms of this Act. To provide that in case there shall at any time be on hand less funds than are needed, the actual funds shall be prorated among the beneficiaries. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment nor shall they be assignable; but shall be paid in cash to the beneficiary if so required by him or her. To provide that if any part of this Act shall be held unconstitutional, the remainder of this Act shall remain

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in force taken in connection with existing laws. To provide that this Act shall not affect nor be affected by any workman's compensation Act or other similar laws. To repeal conflicting laws; and for other purposes, so as to provide for amount of pensions payable to present and future pensioners thereunder or to their widows, minor children, in the event of the death, retirement, or disability of members or pensioners; so as to provide for the payment in certain instances to pensioners' estates or beneficiaries of all premiums paid by pensions; so as to provide for a certain portion of the revenue in certain cities being set aside or applied for purposes of the Act; so as to provide for the change in term of three trustees of said fund and for election of said three trustees; so as to provide amount of pensions to be paid those now receiving pensions; so as to increase the percentage of salaries of members to be paid into fund for purposes of the Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, a certain Act approved August 13, 1924, published in the Acts of 1924, pages 167 and 173 inclusive, entitled An Act to provide that cities having a population of more than one hundred fifty thousand (150,000) by the United States census of 1920 or any subsequent census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, etc., and for other purposes, and Acts amendatory thereof, be and the same is hereby amended by striking section 4 of said Act as amended and inserting in lieu thereof a new section 4 which shall read as follows: Fire department pensions in cities of more than 150,000 population. Act of 1924 amended. Section 4. When such member shall retire as a matter of right, he shall be paid thereafter for the rest of his life the sum of $75.00 per month, provided he shall have served the 25 years in active service at the time of his retirement, or shall have become totally disabled in the line of duty at any time as aforesaid. In case of death of such pensioner, his widow, if any, shall receive

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during her life or until remarried, the sum of $50.00 per month; provided however that no such widow shall receive any such sum hereunder unless she was the lawful wife of said pensioner prior to his retirement from active service. If such pensioner at death leaves no widow or if pensioner's widow was not the lawful wife of pensioner prior to his retirement from active service, but leaves orphan children under the age of 16 years, such orphan child or children, except adopted children, adopted subsequent to said pensioner's retirement from active service, shall receive until reaching the age of 16 the sum of $50.00 per month. Upon the death of any member or pensioner under this Act, from any cause, who has no dependents entitled to his pension, the money he has paid into the pension fund shall be paid to his estate at his death. Substitute for sec. 4. Sec. 2. Be it further enacted that section 5 of the aforesaid Act approved August 15, 1924, as amended, be and the same is hereby stricken and a new section 5 inserted in lieu thereof which shall read as follows: Section 5. When such member shall be retired for total disability, he shall be paid $75.00 per month for the rest of his life; but this Act shall not affect the salary of a member in active service, except the tax of 2% thereon. Substitute for sec. 5. Sec. 3. The aforesaid act approved August 13, 1924, as amended, is further amended by striking section 5-a, as set up by the Act of the General Assembly of Georgia, approved August 24, 1931, amending said Act, and inserting in lieu thereof a new section 5-a, to read as follows: Section 5-a. Should any member become totally disabled so as to make such member unfit for fire duty or services, he shall receive a pension graduated as follows: New section 5-a. Totally disabled members. After five (5) years service $15.00 After ten (10) years service $30.00 After fifteen (15) years service $45.00 After twenty (20) years service $60.00 After twenty-five (25) years service $75.00

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Upon the death of any member or pensioner, not in line of duty, his widow, if any, shall be paid during the rest of her life or until she remarries the sum of money monthly graduated according to the length of service of her deceased husband before his retirement on account of disability, or before his death, as follows: Widows. After five (5) years service $10.00 After ten (10) years service $20.00 After fifteen (15) years service $30.00 After twenty (20) years service $40.00 After twenty-five (25) years service $50.00 provided, however, that no such widow shall receive any sum hereunder unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner or member die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, pensioner's minor child or children, except adopted children, adopted subsequent to said pensioner's retirement from active service, shall be paid the same gross sums and according to the same graduated schedule as set out above for the widow until they reach the age of 16. Minor children. Sec. 4. Said Act approved August 13, 1924, and amended by an Act approved August 24, 1931, is further amended by striking section 6 and 6-a of said Act, as amended, and inserting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted that there is hereby established, to serve without pay, a Board of Trustees whose duties it shall be to manage said funds which shall be kept by the City Treasurer of such cities as a separate fund and covered by his bond as such. The Board of Trustees shall consist of the City Treasurer, the City Comptroller, and three members of the fire department to be elected by the members of said fire department in active service, on the first Monday in September after the passage of this Act. The member receiving the highest number of votes shall serve for a term of three years from his election or until his successor is elected. The member receiving the second

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highest number of votes shall serve for a term of two years from his election or until his successor is elected. The member receiving the third highest number of votes shall serve for a term of one year from his election or until his successor is elected. Thereafter, upon the expiration of the term of each such Trustee the members of said department shall vote upon a successor to said Trustee and the member receiving the highest number of votes shall be elected for a term of three years or until his successor is elected. The City Comptroller and City Treasurer shall be permanent members of the board. New section 6. Board of trustees. Sec. 5. Said Act approved August 13, 1924, is further amended by striking section 9 of said Act and inserting in lieu thereof a new section 9 to read as follows: Section 9. A tax of two (2) per centum shall be levied on the monthly salareis of all members in active service at the time of and after the passage of this Act, and the City Treasurer shall retain that amount from their salaries to be applied toward the purposes of this Act. New section 9. Tax of 2% on salaries. Sec. 6. Be it further amended that said Act approved August 13, 1924, as amended, be further amended by striking therefrom section 10 of said Act, as amended, and inserting in lieu thereof a new section 10 to read as follows: Section 10. A tax of one and one-fourth (1-) per centum shall be levied against the premiums of all fire and lightning insurance companies or associations or property situated within the corporate limits of such cities, to be collected from and after the passage of this Act. Should this section of this Act, or should Section 9-a above, be declared unconstitutional or invalid for any reason, the law in force prior to the passage of this Act under section 10 of the Act approved August 13, 1924, as amended by the Act approved August 24, 1931, shall be and remain in force and shall apply to the provisions contained in other sections of said Act as amended. New section 10. Tax of 1% on fire insurance premiums. Invalidity of this section not affect other provisions. Sec. 7. Said Act approved August 13, 1924, as amended by an Act approved August 7, 1925, and by an Act approved August 24, 1931, is further amended by striking section 14-a of said Act as amended and inserting in lieu thereof a new

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section 14-a to read as follows: Section 14-a. Be it further enacted that when any fireman who has served twenty-five years and is in active service at the time of his death dies, his widow or minor children, natural or adopted, shall receive the same pension she would have received under this Act as amended had such fireman been retired and receiving a pension under Section 4 thereof. New section 14-a. Widow and minor children. Sec. 8. Be it further enacted that all persons now receiving pensions under the provision of said Act approved August 13, 1924, and amendments thereto, shall henceforth receive such pensions in the amounts and only under the conditions provided for in this Act. Provided, however, that all persons now receiving pensions under said Act approved August 13, 1924, as amended, on account of total disability not from accident in line of duty but after five (5) years service, shall after the passage of this Act receive the sum of $15.00 per month. Effect as to persons now receiving pensions. Sec. 9. Be it further enacted that should any clause or portion of this Act be declared unconstitutional or invalid by any court of this State for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Invalidity of part of Act, not invalidate other part. Sec. 10. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 28, 1935. PENSIONS OF WIDOWS; AMENDING ACT. NO. 405. An Act to amend an Act of 1929, which Act of 1929 was an Act to amend an Act approved August 20, 1927, the title to said Act being, An Act to amend an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or subsequent census, shall furnish pensions to all officers and employees of

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such cities who have served for twenty-five years, now in active service, whose names are on the payroll of the city and to future members as specified; to provide that such cities shall deduct from the salaries or wages of such officers and employees two per centum, which shall be set aside in trust for and to make up any deficiency from the current funds of such cities; to provide for the collection and management of the funds, to create a Board of Trustees; to provide that this Act shall not repeal or otherwise affect any other pension now or hereafter paid by such cities but that no pensioner shall receive two pensions; to provide that the sums due the pensioners shall not be subject to garnishment or judgment and shall not be assignable; to provide that this Act shall not affect the workmen's compensation law or similar laws; to repeal conflicting laws; and for other purposes, said Act being approved August 20th, 1927, by providing that the pensions therein set up and provided for shall in case of death of the pensioner who leaves a widow, be continued to such widow during the remainder of her life, except such widow's pension shall cease in case of her remarriage; also providing that if the pension has not been applied for by the employee or official, during his life, the widow can apply for the same for her own use after his death, if the employee or official could have applied for and secured same, if he had done so during his life; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That section one of the Act of 1929, amending the Act approved August 20, 1927, be and the same is hereby amended by adding the following sentence at the end of the 1st section of such amended Act: The maximum amount to be paid to any widow, under any of the provisions of this Act, shall be the sum of seventy-five ($75.00) dollars per month, and provided further that all widows now receiving pensions under the provisions of this Act excess of seventy-five

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($75.00) dollars shall after May 1, 1935 only receive an amount of seventy-five ($75.00) dollars as specified herein. Pensions of widows of city employees in cities of more than 150,000 population. Sec. 2. That all laws and parts of laws in conflict with this law be and the same are hereby repealed. Approved March 28, 1935. POLICE-COURT RECORDERS' POWERS. NO. 382. An Act to give police-court recorders ex-officio justice of the peace powers and authorities in the matter of and pertaining to criminal cases. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act all police-court recorders and judges of all recorders' courts in this State shall have and are hereby given the same powers and authorities as ex-officio justices of the peace in the matter of and pertaining to criminal cases of whatever nature in the several courts of this State. Powers in criminal cases. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. POLICING OUT OF MUNICIPAL LIMITS. NO. 344. An Act to authorize municipalities having a population of not less than 8,623 persons nor more than 8,625 persons, according to the United States census of 1930, to police areas owned by them outside their corporate limits, to authorize the police officers of such municipalities to act in such areas, to authorize the governing body of any such municipality to pass ordinances governing the said areas,

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providing for the trial of cases made for violations of such ordinances; 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. Any municipality having a population of not less than 8,623 persons nor more than 8,625, according to the United States census of 1930, owning any area or real estate outside its corporate limits shall have authority to police said land, area or areas, as the case may be, and preserve peace and enforce law and order thereon. Police authority outside limits of municipalities of 8,623 to 8,625 population. Sec. 2. The regular police officers of any municipality of said population are hereby authorized and empowered to act on any land or area which the municipality employing them owns, for the purpose of making arrests and otherwise preserving peace and enforcing the laws of the State and the ordinances of the municipality owning the land or area. Sec. 3. The governing body of any municipality of the population referred to herein is hereby given authority to pass ordinances governing and regulating the land or areas referred to in this act in as full and ample a manner as said governing body may enact ordinances effective within the corporate limits of the municipality the said body governs. Sec. 4. Any court of criminal jurisdiction provided in the charter of any municipality of the population referred to in this act shall have jurisdiction for the purpose of hearing, deciding and passing sentence in any case made for the violation of any ordinance passed for the governing and regulating of any land or area referred to herein. Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 26, 1935.

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PLANTING SEED; UNLAWFUL SALES. NO. 290. An Act making it unlawful for any person, persons, firm or corporation to knowingly advertise, sell, or barter any planting seed in the State of Georgia, differing in variety from that so advertised, sold, bartered or exchanged, or so defective as to be worthless, to make it unlawful for any person, firm, or corporation to knowingly advertise for sale, sell, or offer to sell any plants as being certified, when in fact they are not so certified by the proper State authority, and fixing the penalty for violation; 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 it shall be unlawful for any person, persons, firm, or corporation to knowingly advertise, sell, or barter any planting seed in the State of Georgia, differing in variety from that so advertised, sold, bartered, or exchanged, or so defective as to be worthless. Seeds or plants, unlawful advertising or sale of. Sec. 1(a). That from and after the passage of this Act, any person, firm, or corporation who knowingly advertises for sale, sells, or offers for sale any plants as being certified, when in fact they are not so certified by the proper State authority, shall be guilty of a misdemeanor. Penalty. Sec. 2. Any violation of this Act shall be a misdemeanor and upon conviction the defendant shall be punished as for a misdemeanor. Sec. 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935.

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PLANTS, FRAUD IN SALE OF. NO. 390. An Act to prevent fraud in reference to advertising for sale, selling, or offering to sell plants, and to promote the plant industry in this State. Be it enacted by the General Assembly and it is hereby enacted by the authority of the same as follows: Section 1. From and after the passage of this Act any one who advertises for sale, sells, or offers to sell any plants as being certified when in fact they are not so certified by the proper State authority shall be guilty of a misdemeanor. Fraud in advertising or selling plants. Sec. 2. Violators of this Act shall be subjected to damages as now allowed by law. Damages. Sec. 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. PRIMARY ELECTION BALLOT-BOXES. NO. 34. An Act to provide for the preparation and exhibition of ballot-boxes in all primary election held in any county in this State having a population of not less than 34,270 nor more than 34,275 by the last, or any future Federal census; to provide that ballots cast in all such primary elections shall be counted publicly; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That before any ballots are received at any primary election, and immediately before opening the polls, the managers of the election shall open each ballot-box to be used in the electoin, 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 for the opening to receive the ballots, and shall not again open the same until

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the close of the election. The election managers shall keep a list of the voters voting at the election, and shall before receiving any ballots, administer to the voter, provided the voter's vote is challenged, that he is duly qualified to vote according to the election laws of this State, and that he has not voted before in such primary election then being held. Ballot-boxes and count of ballots in primary elections in counties of 34,270 to 34,275 population. Sec. 2. That 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 toll list, together with the votes cast, and all other papers relating to such primary election to the ordinary of the county by twelve o'clock noon of the following day of said election. Election returns. Sec. 3. That the provisions of this Act shall not apply to any county having a population of less than 34,270 nor more than 34,275, according to the last, or any future, Federal census. Sec. 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1935. PRIMARY-ELECTION DATE; REPEALING ACT. NO. 188. An Act to repeal an Act enacted by the General Assembly of Georgia, approved March 10, 1933, and published in the Acts of the General Assembly for 1933 on pages 232 and 233, inclusive which said Act provides that the time at which primary elections for nomination for county officers shall be held, in 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, on the same date as State primaries are held; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved March 10, 1933, and published in the Acts of the General Assembly for 1933, on pages 232 and 233, inclusive, which said Act provides that counties having a population of 75,000 and not more than 100,000, according to the last or any future census of the United States, shall, where a State-wide primary is being held by such party for the nomination of Governor, Statehouse 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, be and the same is hereby repealed. Repeal of Act of 1933 as to primary elections in counties of 75,000 to 100,000 population. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. PURCHASES AND SALES IN CERTAIN COUNTIES. NO. 201. An Act to prohibit certain persons from buying from or selling to certain classified counties anything whatsoever either directly or indirectly; to provide a means for the purchases of such counties to be consummated; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That no member of the Board of Commissioners of Roads and Revenues or clerk thereof and no county warden or warden of the county chain-gang of any county in the State of Georgia having a population of not less than forty-nine hundred (4900) nor more than fortynine hundred and fifty (4950) according to the United States census of 1930 or any future United States census, shall buy from or sell to their respective counties anything whatsoever, either directly or indirectly and no corporation, firm or

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partnership in which such officials, or any of them, are financially interested or by whom they are employed, shall buy from or sell to such counties any property of any kind or character. Prohibited dealings by employees, etc., of counties of 4900 to 4950 population. Sec. 2. That it shall be unlawful for the said Board of County Commissioners of Roads and Revenues, or any member or clerk thereof, or the county warden, or the warden of the chain-gang of said counties while acting in their capacity as such to buy from or sell to any person related by blood or marriage, within the fourth degree according to canon law, to any persons employed by said counties 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 persons who are related by blood or marriage to buy from or sell to said counties anything whatsoever or for any corporation, firm, or partnership in which said person may be an official or by whom the said person may be employed to buy or sell anything whatever to said counties. Sec. 3. That it shall be the duty of the said Board of Commissioners of Roads and Revenues of any of said counties to provide that all purchases over twenty ($20.00) dollars shall be made upon a strictly competitive basis; and to this end it shall be the duty of the said board and clerk thereof 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 contract; 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

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time and place the 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 to be on competitive basis. Sec. 4. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1935. RAILROADS, SPECIAL OFFICERS FOR. NO. 178. An Act to provide for the appointment of special officers upon the request of the president or resident executive officer of any railway company or railroad corporation operating and doing business in this State as a common carrier and to provide for their compensation and to prescribe their duties. Be it enacted by the General Assembly of the State of Georgia, as follows: Section 1. Upon the application of the president or resident executive officer of any railway company or railroad corporation operating and doing business in this State as a common carrier, the Governor may appoint one or more persons as special officers for the protection of the property and interest of such company or corporation with powers to make arrests, provided such special officers are paid by the company or corporation applying for such appointment and such special officers shall not receive any compensation from the State or any county thereof. Appointment of special officers for protection of railroad property, etc. Powers, pay. Sec. 2. All special officers thus appointed and commissioned as provided for in this Act shall have throughout the State all the powers, duties and responsibilities of sheriffs or other law enforcement officers of the State while engaged in the performance of their duties as such railroad officers during the term for which they are appointed and commissioned except the serving of civil processes. Powers.

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Sec. 3. Each and every special officer appointed and commissioned under the provisions of this Act shall be a resident of the State and of good character and an employee of company making application for six months prior to time of application, and shall be required to enter into a good and sufficient bond payable to the State of Georgia in the sum of one thousand dollars conditioned for the faithful performance of his duties, said bond to be filed with the Secretary of State and approved as to form by the Attorney General. After the appointment by the Governor each special officer shall be commissioned by the Secretary of State and shall pay to the Secretary of State the sum of $2.00 which shall be paid into the general fund of the treasury. All appointments and commissions issued under this Act shall be for the term of four years, except the first appointments made thereunder which shall be until January 1st, 1936. The appointment and commission may be revoked at any time by the Governor with or without written notice by the president or executive officer of the common carrier applying for the appointment and commission. Qualifications. Bond. Terms. Revocation. Sec. 4. All criminal processes served by such special officer shall be returned by him to the county from which the same originated. Service of process. Sec. 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 19, 1935. REDEMPTION OF TAX-SOLD REALTY. No. 353. An Act to provide for the redemption of real estate sold at tax sales by municipal authorities; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That where any real property is sold under and by virtue of tax execution for municipal taxes and bid in by the mayor, city manager, city council or other municipal

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authority for the municipality, the owner or other person entitled to redeem property sold at tax sales, shall have the privilege of redeeming such real property within two years from the date of such sale by paying to the municipality the purchase price at such sale together with interest thereon at seven per centum per annum from the date thereof and all municipal taxes accruing subsequent to the date of the sale. Two years for redemption of property bid in by city at tax sale. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. SEWERAGE; SEPTIC OR DISPOSAL PLANTS. No. 80. An Act to provide that any county of this State having a city or a part of a city with a population of 200,000 or more according to the last or any future United States census may enter into contractual agreements with such counties and all municipalities therein with reference to the treatment of sewerage by septic or disposal plants; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. Any municipality and county of the state having a city or a part of a city with a population of 200,000 or more according to the last or any future United States census is hereby authorized to contract one with the other with reference to the operation of a septic or disposal plant wherein sewerage is treated and discharged in innocuous state. Contracts as to treatment of sewerage in counties of 200,000 population. Sec. 2. The purpose of this Act is to enable cities and counties to contract one with the other whereby each may contribute to the maintenance and operation of septic or disposal plants for the treatment of sewerage, to the end

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that the health of the community may be served by the treatment of sewerage through such disposal plants. Sec. 3. The terms of the agreement, amount of contribution, management, and other matters necessary to carry this Act into effect are left to the discretion of such cities and counties. Sec. 4. All laws and parts of laws in conflict with this law, be and the same are hereby repealed. Approved March 7, 1935. STATE'S CHATTANOOGA PROPERTY COMMISSION. No. 350. An Act to provide for the leasing and controlling of the State's property in the City of Chattanooga, Tennessee, not covered by the Western Atlantic Railroad Lease; to create a commission to effectuate such purpose and define its powers and duties; and for other purposes. Whereas the State is the owner of the following described property in the City of Chattanooga, Hamilton County, Tennessee, to wit: Two tracts or lots and the buildings now thereon lying and being in the City of Chattanooga, Hamilton County, Tennessee, particularly described as follows, to wit: (1) That tract or lot of land bounded by Market Street, Georgia Avenue and Tenth Street, upon which there is situated at this time a four story brick building known as the Southern Express Company building, the said lot having a frontage of one hundred sixty-five (165') feet on Market Street; one hundred and twenty-eight (128') feet on Georgia Avenue, and ninety-three (93') feet on Tenth Street. (2) That tract or lot of land situated at the corner of Market and Eleventh Streets upon which is situated at this time a four story brick building known as the Eastern Hotel, the said lot having a frontage of sixty-one (61') feet on Market Street and extending back along Eleventh

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Street one hundred and sixty-seven (167') feet. The two said lots being the property of the State of Georgia, and which the said Acts of the General Assembly of Georgia hereinbefore mentioned authorized the Western Atlantic Railroad Commission, by resolution, to lease, and which further empowered and authorized the Governor of said State, when such resolution was certified to him, to execute the lease contract on behalf of the State of Georgia; and whereas, pursuant to the authority contained in a certain lease contract executed between the State of Georgia and J. B. Pound, dated November 6th, 1919, whereby the said Pound did lease the above described property for a term of fifty years, the Governor of Georgia, by an Executive order dated March 1, 1935, cancelled and annulled said lease contract because of the failure of the said lessee to perform the covenants contained therein; and whereas, the above-described property of the State is valuable and it is necessary that it be placed under supervision, management and control and that provision be made for the maintenance of said property and protection against loss or damage by fire or otherwise, and it is to the public interest that said property be leased so as to derive the greatest possible income therefrom for the State: Preamble. Therefore, be it enacted by the General Assembly of Georgia: Section 1. That there is hereby created a commission to be known as the State Properties Commission, which shall be composed of the Governor of the State, the Chairman of the Public-Service Commission, and the State Treasurer: State Properties Commission, how constituted. Sec. 2. That said commission shall have full power and authority in the name and on behalf of the State of Georgia to manage, control, lease, and preserve the property herein described and the buildings situated thereon and the contents thereof. Powers. Sec. 3. That said commission shall have authority to negotiate for and enter upon a lease contract or contracts for the use of said property, and if in their discretion no

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advantageous lease can be made, to rent said property from month to month or year to year so as to derive the highest possible income therefrom for the State, provided, however, no lease to said property for more than ten years shall be made. Authority to lease, etc. 10-year limit. Sec. 4. That said commission is authorized and empowered and directed to make suitable provision for insuring the buildings and contents of the buildings situated on said property and to pay the premiums therefor from any rents collected. Insurance. Sec. 5. Said commission is authorized and empowered to pay any taxes or assessments on said property which may be lawfully due the State of Tennessee or any political subdivision thereof, which taxes or assessments shall be paid from the rentals collected from said property or any appropriation made for that purpose by the General Assembly. Taxes or assessments. Sec. 6. That said commission is authorized and empowered, in the name of and on behalf of the State of Georgia to enforce and cause the performance of any contracts which may be entered upon by said commission in pursuance of this Act and to institute in the name of the State, any and all actions necessary therefor. Suits. Sec. 7. That said commission shall keep a record of its actings and doings, and shall make a report to each regular session of the General Assembly of Georgia. Records, reports. Sec. 8. That nothing contained in this Act shall authorize a sale of the property herein referred to, except upon approval of the General Assembly. Provided, that said commission may, in its discretion, sell or otherwise dispose of any personal property acquired in conformity with this Act. Sales. Sec. 9. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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SWINE, UNLAWFUL IMPORTATION OF. No. 352. An Act to prohibit the importation into Georgia, or the bringing across the Georgia line into Georgia from any other State of swine of any kind unless the same shall have been inoculated for swine plague or cholera, which fact shall be indicated by the certificate of a duly qualified and licensed veterinarian; to make the violation of this Act a misdemeanor and prescribe punishment therefor; 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. From and after the passage of this Act, no swine shall be brought across the Georgia line from any other State or imported into the State of Georgia from any other State, unless the same shall have been inoculated for swine plague and cholera, and the fact of said inoculation shall be certified to by a duly qualified and licensed veterinarian; and said swine shall not be admitted into the State of Georgia, or permitted to pass across the State of Georgia, unless the same are accompained by such certificate, except such swine are consigned or enroute to a packing house for immediate slaughter. Inoculation for swine plague or cholera. Sec. 2. Any person, firm, or corporation violating the provisions of this Act shall be guilty of a misdemeanor and punishable as prescribed by section 27-2506, chapter 27-25 of title 27 (Criminal Procedure) of the Code of Georgia of 1933. Penalty. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935.

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TAX-ASSESSORS' POWERS AND DUTIES IN CERTAIN COUNTIES. No. 36. An Act enlarge and more clearly define the powers and duties of county boards of tax-assessors in counties having a population of 200,000 or more, according to the census of the United States of 1930, or any future census; to provide the compensation of the secretaries of such boards; to provide for the service of summons and notices issued by such boards; to provide for contempt proceedings in the superior courts of such counties against persons disobeying any such summons or refusing to testify before such boards; to provide for the assessment for taxation of all property in such counties for all years; to provide for the assessment of an additional tax against persons failing to return property for taxation in such counties; to provide for the appointment of a chief tax investigator in such counties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That in all counties of this State having a population of 200,000 or more, according to the census of the United States for 1930, or any future census, the county boards of tax-assessors appointed pursuant to title 92, part V, chapters 92-69 and 92-70 of the Code of Georgia of 1933, shall sit continuously throughout the year and the members thereof shall devote their full time to the duty of their offices. Tax-assessors n counties of 200,000 population. Sec. 2. That the secretaries of such boards of county tax-assessors referred to in section 1 of this Act shall be paid such compensation as may be fixed by the Board of County Commissioners or other authority in charge of the fiscal affairs of any such county, without regard to any limitation prescribed in said chapter 92-69 and 92-70 of the Code of Georgia of 1933. Pay of secretaries.

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Sec. 3. That all notices, summons, and subpoenas issued by the boards of county tax-assessors of such counties may be served by depositing the same in the United States mail, properly stamped and addressed to the person thereby served at his last known address. Proof of such mailing shall be sufficient evidence of such service unless the person served or notified shall make it appear that such letter or notice was not received. Service of notices, etc. Sec. 4. If any witness subpoenaed by any such board of county tax-assessors as authorized by said chapters 92-69 and 92-70 of the Code of Georgia of 1933, or as authorized by this Act, shall fail or refuse to appear, or shall fail or refuse to answer questions propounded, or shall fail or refuse to produce any books, papers, or documents required to be produced by an order of such board, such person shall be cited by said board to appear before a judge of the superior court of such county and such judge shall have the same jurisdiction to punish such person for contempt, and to require and compel the giving of such testimony or the production of such books and records, as in cases of contempt committed in the presence of the court and as in cases pending in such court. Contempt by not appearing, answering questions, etc. Sec. 5. In addition to the duties imposed upon such county boards of tax-assessors by said chapters 92-69 and 92-70 of the Code of Georgia of 1933 it shall be the duty of the county boards of tax-assessors in the counties described in section 1 of this Act to ascertain the value for taxation of all property, real or personal, not appearing on the tax digests of any such county, and to place the same on the tax digests of the county for taxation for the current year, and for all preceding years in which the same was not returned for taxation, or in which the same was not returned for taxation at a fair valuation as fixed by law, and the taxes paid thereon. It is the purpose and intent of this section to confer upon such boards full power and authority to ascertain the value of all of the taxable property in such counties, assess the same, and enter such assessment upon the tax digests of the county for taxation for all years for which such

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property has not been returned for taxation to the end that all property of every character subject to taxation in such counties shall be placed upon the tax digest for such person, provided that nothing in this section shall apply to those persons, firms, or corporations required by law to make returns to the Comptroller-General. Power as to investigation. Sec. 6. That such assessments for taxation as are required in the preceding section may be made by such boards of county tax assessors at any time and against any person failing to make returns for taxation as provided by law or failing to return the property for taxation at its market value as required by law. Assessment of persons not making returns or not returning at market value. Sec. 7. That it shall be the duty of the county boards of tax assessors in such counties having a population of 200,000 or more, according to the census of 1930 or any future census, to assess an additional tax of 10% of the total amount of tax due by any taxpayer owning property subject to taxation who fails to make return thereof, or who makes returns but fails to include therein all property subject to be returned for taxation. If the amount of tax on any such property be less than $10.00 such additional assessment shall be $1.00. Such additional tax shall be collected by the county tax collector or tax commissioner and paid into the county treasury of such county for use in enforcing this Act and said chapters 92-69 and 92-70 of the Code of Georgia of 1933. Penalty. Sec. 8. That the board of county commissioners, or other fiscal authorities, of any such county having a population of 200,000 or more, according to the census of the United States, of 1930, or any future census, may appoint a chief tax investigator and such other assistants as they may deem proper to assist the county board of tax-assessors of such county in the performance of its duties, at such compensation as such county commissioners or other county authorities may fix. Tax investigator and assistants.

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Sec. 9. That if any section or portion of this Act shall be held invalid for any reason the remaining portions thereof shall not be thereby affected but shall remain of full force and effect. Invalidity of part of Act, not affect other part. Sec. 10. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1935. TAX-COLLECTORS AS SHERIFFS; REPEALING ACT. No. 69. An Act to repeal an Act entitled Tax-Collectors as Sheriffs No. 123, approved March 2, 1933, Georgia Laws 1933, page 275; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that on and after the passage of this Act that the Act entitled Tax-Collectors as Sheriffs No. 123, approved March 2, 1933, Georgia Laws, 1933, page 275, to vest in 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, be and the same is hereby repealed. Tax-collectors as sheriffs; repeal of act as to counties of 26,550 to 26,750 population. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 2, 1935.

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TAXPAYERS' LIST IN CERTAIN COUNTIES. NO. 170. An Act to require the tax-receivers in all counties in this State having a population of 200,000 inhabitants or more by the U. S. census of 1930, or any future U. S. census, to list in the white, and colored tax-digests respectively the names of the taxpayers in continuous alphabetical order without segregation by militia districts or other local subdivisions; and for other purposes. Section 1. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the tax-receivers of all counties in this State having a population of 200,000 inhabitants or more by the U. S. census of 1930, or any future U. S. census be and they are hereby required to list in the white and colored digests respectively, the names of the taxpayers in continuous alphabetical order in said digests, according to the names of the taxpayers without segregation by militia districts or other local subdivisions. Provided that this requirement will not apply to independent school districts. Taxpayers lists in counties of 200,000 population. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be and they are hereby repealed. Approved March 19, 1935. TOBACCO WAREHOUSE CHARGES LIMITED. NO. 393. An Act to create an Act fixing a maximum charge by leaf tobacco warehouses of this State for selling and handling leaf tobacco, to provide penalties for the violations of this Act; and for other purposes.

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Section 1. Be it enacted by the General Assembly, and the same is hereby enacted by authority of the same, that beginning with the enactment and approval of this Act, that maximum charges and expenses of handling and selling leaf tobacco upon the floor of the tobacco warehouses of this State shall not exceed the following schedule to wit: Charges at tobacco warehouses. For auction fees fifteen cents (15) on all piles of one hundred pounds (100) or less and twenty-five cents (25) on all piles over one hundred pounds (100). For weighing and handling ten cents (10) per pile of all piles of one hundred (100) pounds and ten cents (10) for each additional one hundred pounds (100) for commissions on the gross sales of leaf tobacco in said warehouses not to exceed two and onehalf per cent (2) of said gross sales. The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling, the amounts charged for auction fees, and the amounts charged for commission on each sale. Sec. 2. Every proprietor or person operating a leaf tobacco warehouse in this State shall keep a correct account of all tobacco sold on the floor of his warehouse. Said account must show the correct amounts of leaf tobacco of first sale each day. The correct amounts resold each day by said warehouse and the correct amounts resold each day by others upon the floor of said warehouses, and each and every proprietor or person operating a leaf tobacco warehouse in this State shall publish or cause to be published not later than thirty (30) days after close of selling season at said warehouse to be published in a newspaper of wide circulation located in the same county of said warehouse, a correct statement showing all leaf tobacco of first sale by said warehouse all tobacco resold by said warehouse and all tobacco resold by others upon the floor of said warehouse during selling season of the same year. Accounts. Sec. 3. Upon the passage and approval of this bill it shall be unlawful for any charges in excess of those named in this bill to be made or accepted and any proprietor or person in

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charge of a leaf tobacco warehouse in this State violating this Act shall be guilty of a misdemeanor and punished for the same. Penalty. Sec. 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1935. TRAPPING OF ANIMALS, ETC., IN CERTAIN COUNTIES. NO. 106. An Act to amend An Act to prohibit the use of steel traps or other like devices in trapping or catching any bird, game or animal in this State; to provide a penalty for the violation of the provisions of this Act; and for other purposes approved August 24th, 1929, as contained in Acts General Assembly of Georgia for the year 1929. So as to provide for the trapping of predatory fur-bearing animals in counties of this State having a certain population, to provide the seasons within which such animals may be trapped or caught, with certain rules and regulations therefor, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that section 1 of the Act of the General Assembly of Georgia approved August 24th, 1929, found on pages 335 and 336 of the Acts of 1929 reading as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act it shall be unlawful for any person, firm or corporation, to use a steel trap or other like device, in trapping or catching any bird, game or animal in any of the counties of this State, whether same be caught or trapped for profit or otherwise. But this Act shall not apply to the salt-water marshes and the islands along the coast of Georgia; provided, however that the

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Commissioner of Game and Fish may issue special permits to game wardens, deputies or other responsible persons, authorizing the taking by means of steel traps, of vermin and predatory animals in localities where such vermin or predatory animals are a menace to quail or other game birds, and each steel trap used for this purpose must have securely fastened thereto a tag issued by the Department of Game and Fish showing authority for its use, be and the same is hereby amended by adding the following paragraph to such section: Act of 1929 amended. Provided that it shall be lawful to take, trap or catch by steel trap or other device in any county of this State having a population of not more than 15,944 or less than 15,934 according to the official United States census of 1930, any mink, weasel, otter, opossum, raccoon, muskrat or other predatory fur-bearing animal, excepting red and gray foxes, between the dates of December 15th and February 15th of each and every year after the passage of this Act, without requiring the payment of any license for the trapping of such animal or the sale of its fur, and without requiring a tag to be affixed to any such trap or device. Trapping animals, etc., in counties of 15,934 to 15,944 population. Provided further that any person may trap or catch any red or gray fox at any time by any device set upon the barnyard or within the curtilage of such person as a protection for the poultry or livestock of such person. So that said section 1 of the Act approved August 24th, 1929 shall read when so amended as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act it shall be unlawful for any person, firm or corporation to use a steel trap or other like device, in trapping or catching any bird, game or animal in any of the counties of this State, whether the same be caught or trapped for profit or otherwise. But this Act shall not apply to the salt-water marshes and the islands along the coast of Georgia; provided, however, that the Commissioner of Game and Fish may

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issue special permits to game wardens, deputies, or other responsible persons, authorizing the taking by means of steel traps, of vermin and pedatory animals in localities where such vermin or predatory animals are a menace to quail or other game birds, and each steel trap used for this purpose must have securely fastened thereto a tag issued by the Department of Game and Fish, showing authority for its use. Provided that it shall be lawful to take, trap or catch by a steel trap or other device in any county of this State having a population of not more than 15,944 or less than 15,934 according to the official United States census of 1930, any mink, weasel, otter, opossum, raccoon, muskrat, or other predatory fur-bearing animal, excepting red and gray foxes, between the dates of December 15th and February 15th of each and every year after the passage of this Act, without requiring the payment of any license for the trapping of such animal or the sale of its fur, and without requiring a tag to be affixed to any such trap or device. Section as amended. Provided further that any person may trap or catch any red or gray fox at any time by any device set upon the barnyard or within the curtilage of any such person as a protection for the poultry or livestock of such person. Sec. 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. Approved March 12, 1935. TRAPS FOR FUR-BEARING ANIMALS. NO. 387. An Act to permit the use of steel traps for the taking of fur-bearing animals, to permit the closing of any county or counties to trapping, prescribing penalties for violation of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that after the passage and approval of this

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Act it shall be lawful to trap by the use of steel traps or other like devices, the fur-bearing animals mink, muskrat, otter, raccoon, opossum, skunk, bob cat, weasel and fox in any of the counties of the State during the lawful trapping season, and after the person, firm or corporation desiring to trap has procured a trapper's license as prescribed by law. Trapping. Sec. 2. The Commissioner of Game and Fish shall have the authority to close any county or counties of the State to trapping, at any time, and for such time as he deems necessary for the protection, propagation or restocking of such county or counties with fur-bearing animals, provided the Commissioner of Game and Fish shall post the notice of closing of season on the bulletin board at the Court House four weeks before the date set for the closing of the county to trapping. Close of season; notice. Sec. 3. That any person, firm or corporation violating any of the provisions of this Act or trapping any fur-bearing animal in any county or counties closed to trapping, shall be guilty of a misdemeanor, and any trap used illegally shall be subject to seizure and destruction by any warden or officer. Penalty. Sec. 4. That all laws or parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 28, 1935. TRIALS AT FIRST TERMS, ETC. NO. 410. An Act to regulate procedure in the courts of this State by providing for the trial of all cases at the first or appearance term where the parties consent thereto; by ratifying and confirming all verdicts and judgments rendered in divorce cases heretofore tried and rendered by parties at the first or appearance term of any court; providing a period of limitation within which the defendant in any divorce

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case tried at the first or appearance term shall move to set aside the verdict or judgment therein rendered; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all cases, whether at law or in equity, in the Courts of this State may be tried at the first or appearance term, provided the same is ready for trial, upon the consent of the parties thereto, which consent shall be entered upon the docket of the Court. Trial at first term. Sec. 2. That all verdicts and judgments heretofore rendered in any divorce case tried at the first or appearance term by the consent of the parties thereto, shall be, and they are hereby declared to be, legal and binding and of the same effect as if such cases had been tried at the trial term of such court. Divorce verdicts, etc. Sec. 3. That any final verdict or judgment heretofore rendered by virtue of the trial of any divorce case in any court of this State at the first or appearance term, whether with or without the consent of the parties thereto, shall be, and the same is hereby declared to be, legal and binding and of the same force and effect as if such divorce case had been tried at the trial term, unless the defendant, or other person against whom such verdict or judgment was rendered, shall move to set the same aside within six months from the date of the approval of this Act. Same. Sec. 4. That all verdicts and judgments hereafter rendered in any divorce case in any court of this State at the appearance term shall be, and the same are hereby declared to be, legal and binding and of the same force and effect as if rendered at the trial term, whether such case was tried at the appearance term with or without the consent of the parties thereto, unless the defendant or other person against whom such verdict or judgment was rendered, shall move to set the same aside within six months from the date thereof. Same. Sec. 5. Be it further enacted, that if any sentence, provision, or paragraph of this Act be construed as invalid or

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unconstitutional, that it shall in no way affect the validity or constitutionality of the remaining sentences, provisions or paragraphs of this Act. Invalidity of part of Act, not affect other part. Sec. 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. TRUST-FUND INVESTMENTS; INTEREST. NO. 97. An Act to authorize executors, administrators, guardians, and trustees to invest trust funds in any bonds or other obligations of the United States Government or any corporation created by an Act of Congress whose bonds are guaranteed by the United States Government, and to validate investments heretofore made in such securities. Section 1. Be it enacted by the General Assembly of the State of Georgia, that executors, administrators, guardians, and trustees in this State are authorized to invest trust funds in the bonds or other obligations issued by the United States Government. And executors, administrators, guardians, and trustees are further authorized to invest trust funds in the bonds of any corporation created by an Act of Congress, the bonds of which said corporations so created by the said Act of Congress are guaranteed by the United States Government. No person, firm, corporation, or association shall be liable to account for a greater rate of interest than the amount actually received on said investment. Authorized investments in U. S. Government securities. Interest Sec. 2. Be it further enacted, that investments heretofore made in the securities mentioned by executors, administrators, guardians and trustees be and they are hereby validated. Validation of former investments. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this law be and they are hereby repealed. Approved March 11, 1935.

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TRUST-FUND INVESTMENTS; LIENS, ETC. NO. 304. An Act requiring banks having and exercising trust powers, trust companies, savings banks, and security or guarantee companies doing a trust business to secure uninvested trust funds; and providing that the owners of such funds have lien thereon; and providing that obligations of the Federal Government be accepted as legal investments of trust funds; 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 all banks in this State having and exercising trust powers and privileges, and trust companies, savings banks and security or guarantee companies and corporations doing a trust business, or exercising the rights, powers and privileges of trust companies, and having on hand uninvested trust funds shall secure them by setting aside with or pledging to their trust departments a sufficient amount of bonds of the United States of America or of the State of Georgia, at their par value, the same to be held and kept as pledged security for the payment from time to time of all uninvested trust funds, the par value of such bonds being at all times equal to the amount of such funds. Security for uninvested trust funds Sec. 2. That the beneficial owners or depositors of all uninvested trust funds in the possession of any bank having and exercising trust powers, trust company, savings bank or security or guarantee company or corporation doing a trust business shall have at all times a first and prior lien on all bonds set aside or pledged to the trust department of any depository coming under the provisions of this Act. Lien of owner or depositor. Sec. 3. That in addition to the various obligations of this State and the various subdivisions thereof, the United States and Federal Land Banks or Joint Stock Land Banks, in which trustees are now authorized to invest trust funds, it shall be lawful for trustees to invest trust funds in any

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and/or all obligations of the United States Government and/or those guaranteed by the government, all of which are herein designated as legal investmet for trust funds. Funds in which trustees may invest. Sec. 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. UNDERTAKING BUSINESS; PENAL LAW. NO. 270. An Act making it a misdemeanor for any person, firm, or corporation, or officer thereof, engaged in the undertaking business to either directly or indirectly offer or give compensation or other thing of value to any person, firm or corporation to induce anyone to employ said undertaker; or for compensation or otherwise to attempt to influence the family or friends of any deceased person as to where the body should be interred; or for said undertaker to charge, collect or receive from the family or friends, or from any other source, any additional compensation for burying a pauper other than the sum paid by the state, county, city, town, or municipality for burying said pauper; and for other purposes. Section 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, or officer or agent or employee of such person, firm or corporation engaged in the undertaking business to give, or contract to give either directly or indirectly any reward, commission, compensation or anything of value to any person, firm or corporation for the purpose of, or as an inducement to such person, firm, or corporation to persuade or induce any person to use or employ such undertaker in or about the preparation for burial or conducting the burial of any deceased person. Inducing employment of undertaker.

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Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that from and after the passage of this Act, it shall be unlawful for any person, firm, or corporation, or any officer, agent or employee of such person, firm or corporation engaged in the undertaking business for compensation or otherwise to influence or attempt to influence by persuasion, argument, or suggestion to the family or friends of any deceased person as to where the body should or should not be buried. Influencing as to place of burial. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that any person, firm, or corporation, or officer, agent or employee thereof violating the provisions of this Act, or violating any of its provisions of this Act, shall be guilty of a misdemeanor. Penalty Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 23, 1935. WELFARE BOARDS IN COUNTIES. NO. 214. An Act to provide that in counties having a population of 200,000 or more by the U.S. census of 1930 or any future census, the board of commissioners of roads and revenues or other county authority having charge of the roads and revenues, shall have the authority to create a County Board of Public Welfare; to provide for the appointment of members of said boards; to provide the powers of said boards; to authorize said boards to administer all forms of public relief and pauper support; to authorize counties, municipalities and other public authority of this State to contract with said boards for the performance of any of said services; to provide for combining said boards in two or more counties; to authorize counties to contract with said boards in other counties; to authorize the counties and municipalities to vest the management and

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control of its pauper, hospitilization and relief institutions and departments to authorize municipalities to contract with said boards, in said boards, notwithstanding charter restrictions or limitations to the contrary; to provide for said boards making annual reports to the State Department of Public Welfare; to amend all laws relating to the relief of the power and a support of paupers, so as to conform to the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority of the same, as follows: Section 1. In all counties in this State having a population of 200,000 or more by the U. S. census of 1930 or any future U. S. census, the board of commissioners of roads and revenues, or other county authority having charge of the roads and revenues, shall have the authority to create a County Board of Public Welfare for their respective counties by official action of said board or such other authority, which Board of Public Welfare shall be constituted in the manner and with the powers hereinafter set forth. Board of welfare in county of 200,000 population. Sec. 2. In the counties aforesaid, the Boards of County Commissioners, or such other authority having charge of the roads and revenues of the county may appropriate to said Board of Public Welfare money from the County Treasury for the cost of operation and relief of classes under its care. Members of said Board of Public Welfare shall serve without compensation. Expense of operation. Sec. 3. The County Board of Public Welfare of each county shall consist of seven members, one of whom shall be a member of the Board of County Commissioners, or the Ordinary where there is no Board of County Commissioners. Members of board. Sec. 4. The member of the Board of County Commissioners appointed by that board shall serve as a member of the County Board of Public Welfare for such term as the

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Board of County Commissioners shall designate. In counties having no Board of County Commissioners, the Ordinary shall serve on the County Board of Public Welfare for the duration of his term of office. The terms of the other six members shall be three years, except that when the first board is appointed, these members shall be appointed two for one year, two for two years and two for three years. Any vacancy occurring shall be filled for unexpired term in like manner as the original appointment by the County Commission or such other authority. Additional members of said board above the minimum number specified herein may be appointed by the Board of County Commissioners or the other authority as the case may be, under agreements with municipalities contracting with said Board of Public Welfare so as to allow such municipalities in the discretion of the County Authorities, representation on said board as they shall see fit. Term of member. Sec. 5. Said boards created as herein provided shall be bodies corporate and politic, with the right, power and authority to contract, sue and be sued, and with such other powers as are generally vested in eleemosynary corporations in this State. Said boards shall have power to make such rules and regulations and by laws, and perfect such organization as it shall deem necessary or proper to carry out the purpose of its organization, and shall have power to employ a Director of Public Welfare as the executive head of its organization, which Director shall be responsible to said board in such manner as the board may prescribe and said Director shall have authority to employ such other persons as he shall deem proper, subject to approval of said board. Powers of board. Sec. 6. The chief purpose of the organization of the County Boards of Public Welfare hereunder shall be to administer all forms of public relief, and to perform such additional welfare services as may be agreed upon with the proper county or state officials. Such service may include any or all of the following: Objects.

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(1) Care of widowed mothers with dependent children, care of dependent and neglected children, care of aged needy persons, the unemployed, physicially and mentally handicapped persons, and persons in need of special care or guidance, and care of all of the aforesaid is hereby declared to be pauper relief and support. Services authorized. (2) Said boards may by arrangement with the court having jurisdiction over Juvenile delinquency provide probation service. Probation service. (3) Said boards may also by arrangement with the county school board extend cooperation in enforcement of school attendance. School attendance. (4) Said boards are hereby authorized and empowered to enter into contracts with counties, municipalities, the State Government and the United States Government or any department or agency thereof, and any other organization or institution to administer or to supervise the administration of any of said forms of relief or services. Contracts with counties, cities, U. S., etc. Sec. 7. All counties, municipalities and other public bodies of this State are hereby authorized and empowered to contract with said Boards of Public Welfare in the counties in which said public bodies exist, for the performance of any of the services or the supervision of any of the services set out in the preceding section. Sec. 8. Any two or more counties may combine said Boards of Public Welfare of their respective counties by agreement and thereupon the combined board shall exist as one unit for the carrying out of the purposes of said board in all of the counties so joining until dissolved by action of the fiscal authorities of any of the counties so joining. Combining county boards. Sec. 9. Any county in this State shall have power to contract with the Board of Public Welfare of another county for the performance of any of the aforesaid services in that part of the county lying in a city partially embraced in the county in which said board exists. Contracts with other county boards.

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Sec. 10. The several counties and municipalities of this State shall have the power and authority to vest by contract the management and control of the county pauper, hospitilization and relief institutions, departments or organizations in the Boards of Public Welfare for that county or such part of the management and control as the governing authorities of the county shall deem advisable. Authority of counties, municipalities as to contracts. Sec. 11. The powers and authorities herein given to municipalities to contract with said Board of Public Welfare shall exist notwithstanding any charter restriction or limitation to the contrary. Same. Sec. 12. All Boards of Public Welfare created under this Act shall make annual reports to the State Department of Public Welfare on forms supplied by that department and are authorized to consult with said department whenever they may deem it advisable to do so. Reports. Sec. 13. All laws relating to relief of the poor of the counties and of the support of paupers by the counties are hereby amended so as to conform to the rights, powers and authorities herein given. Amendment of relief laws. Sec. 14. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1935. WELFARE DEPARTMENT; NEEDY CHILDREN. NO. 388. An Act authorizing the Welfare Department of the Board of Control of Eleemosynary Institutions to arrange care for homeless, dependent, and neglected children; and for other purposes. Section 1. The Welfare Department of the Board of Control of Eleemosynary Institutions is authorized to arrange care for homeless, dependent, and neglected children and other children that may be in need of special care or

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guidance in cooperation with the county officials, juvenile courts, and child-caring agencies and institutions in the State. The following specific child-caring functions may be undertaken by said Welfare Department: Care of needy children. Cooperation with other agencies, etc. Specific functions. (1) Cooperation with the above officials and organizations in arranging care for children living under such circumstances as may jeopardize their future usefulness and children who by reason of such neglect may become dependent or delinquent. (2) Said department may make investigations of all children confined in the almshouses in this State, children under the age of sixteen years confined in any penal institution or common jail and may cooperate with the proper officials in arranging more suitable treatment and care. (3) Said department may cooperate in arranging care for all children who may be found to be begging, who may be homeless and without parental care or lacking sufficient guardianship or living under such conditions as to endanger their morals, health and welfare. (4) The said department may cooperate with institutions and agencies which provide care for homeless, dependent, neglected, crippled or handicapped children by demonstrating approved methods in planning for the future of such children and particularly concerning policies of Intake, individualized care and placement in accordance with the provisions of the Georgia child-placing laws. Sec. 2. The said Welfare Department is herewith authorized to receive and expend such funds as may be made available to it from the Federal treasury from any county or city treasury and to contract with the proper officials representing any of these governmental agencies for the purpose of carrying out the beneficent provisions of this Act. Authority to receive and use funds. Sec. 3. All laws or parts of laws in conflict herewith are repealed. Approved March 28, 1935.

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WINE-MAKING REFERENDUM. NO. 268. An Act to promote temperance and prosperity for Georgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms; to legalize the making of light domestic wines; to exempt from all taxation wine made from crops of grapes, fruits, and berries, whether wild or cultivated, by producers in Georgia of such crops, and to provide for the holding of an election to ratify or reject this Act; and for other purposes. Section 1. Be it and it is hereby enacted by the General Assembly of Georgia, that from and after the passage of this Act, all persons growing crops, either wild or cultivated, of grapes, fruits, or berries, may make therefrom fermented wine, or wines, having such alcoholic content as fermentation may produce, for his family use, for his, or her, family, and guests, free from any taxation whatever. Authority of grower to make wine for use of family or guests, without tax. Sec. 2. Be it and it is hereby further enacted that any grower of such crops may make such wines and sell same to any person, firm or corporation who may now be or hereafter legally engaged, either as wholesaler or retailer, in the sale of alcoholic beverages, free from any taxation whatever. To whom sales may be made. No tax on sales. Sec. 3. Be it and it is hereby further enacted, that it shall be the duty of the Department of Agriculture to disseminate, through its market bulletin, the best information it can get of the best methods of cultivation of such crops and the making of such light wines. Market bulletin to give best methods of wine making, etc. Sec. 4. Be it further enacted hereby, that if any Georgia producer of wine, or wines, desires to sell his product at retail, he may do so in any county where such sale is not prohibited by filing with the ordinary of such county an application in which he shall describe the place at which he desires to retail such wine, and the ordinary shall keep a list of such applicants open to public inspection. Producer's application to sell at retail. Ordinary's duty.

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Any county may, upon petition signed by fifteen per cent of its registered voters, call an election to determine whether or not the manufacture and sale of wines shall be prohibited in such county; and any county may, after hearing had before the superior court, close any place retailing wines, which is not conducted in an orderly manner. County election as to manufacture and sale. Disorderly places. In any county where alcoholic beverages may be legally sold, any person, firm or corporation may establish wineries for the manufacture, storage and sale of wines made from Georgia crops under such reasonable rules and regulations as may be promulgated by the Commissioner of Agriculture, with the approval of the Governor; and the Commissioner of Agriculture is hereby authorized to formulate and publish such rules and regulations which shall have the force and effect of law after approval by the Governor. Wineries; rules and regulations by Commissioner of Agriculture; Governor's approval. Sec. 5. Be it further enacted, that a special election is hereby called to be held in every county of this State on Wednesday May 15, 1935, under the same rules and regulations as apply to elections for members of the General Assembly. The registered voters list used in such election shall be that used in the last general election. At such special election, there shall be submitted to the registered and qualified voters of this State, qualified to vote at the last general election, the ratification or rejection of this Act. The ballots shall have written or printed thereon the words, For adoption Georgia Products Wine Act, and the words, Against adoption Georgia Products Wine Act. Those desiring to vote in favor of the ratification of this Act shall strike out the words Against adoption Georgia Products Wine Act, and those desiring to vote against the ratification of this Act, shall strike out the words, For adoption Georgia Products Wine Act. The returns of said election shall be certified to the Secretary of State within three (3) days after said election, and the Secretary of State shall immediately certify the number of votes For adoption Georgia Products Wine Act, and the number of votes, Against adoption Georgia Products Wine Act, to the Governor. If a majority of those voting at said election

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vote For adoption Georgia Products Wine Act, the State voting as a whole, the Governor shall, by proclamation, declare this Act ratified by the people of the State of Georgia, and the Act shall, thereupon, become effective. If the State shall vote Against adoption Georgia Products Wine Act, this Act shall thereupon become null, void and ineffectual. Referendum as to this Act. Sec. 6. Be it and it is hereby further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1935.

PART II.LOCAL AND SPECIAL LAWS.

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TITLE I. CITY, COUNTY, AND MUNICIPAL COURTS. ACTS. Atlanta City Court Abolished. Atlanta City Court Judge's Salary. Atlanta Criminal Court Name Changed. Atlanta Criminal Court Salaries. Atlanta Municipal Court Act Amended Augusta Municipal Court Act Amended. Bainbridge City Court Juvenile Jurisdiction. Brunswick City Court Salaries, etc. Cairo City Court Officers' Costs. Claxton City Court Act Amended. County Criminal Court Act Repealed. Danielsville City Court Referendum. Douglas City Court Solicitor's Salary. Jefferson City Court Act Amended. Jesup City Court Act Amended. LaGrange City Court Act Amended. Leesburg City Court Act Amended. Macon City Court Acts Amended. Macon Municipal Court Practice. Macon Municipal Court Sale Day. Miller County City Court Act Repealed. Miller County City Court Established. Swainsboro City Court Solicitor. Sylvania City Court Act Amended. Sylvester City Court Act Amended. Thomasville City Court Act Amended. Valdosta City Court Clerk. ATLANTA CITY COURT ABOLISHED. NO. 198. An Act to repeal an Act establishing the City Court of Atlanta, approved December 15, 1871, entitled An Act to establish the City Court of Atlanta, and all Acts amendatory thereof, and to provide for the disposition of business now in said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled An Act to establish the City Court of Atlanta, approved December 15, 1871, and

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acts amendatory thereof, be and the same are hereby repealed; and said city court abolished, effective May 1, 1935. Abolition of city-court acts. Sec. 2. Be it further enacted by the authority aforesaid, that all business pending in the City Court of Atlanta shall be and the same is hereby transferred to the Superior Court of Fulton County, to be disposed of as other business therein, and cases so transferred to stand for trial at the next regular term of said superior court after this Act becomes effective. Transfer of business to superior court. Sec. 3. Be it further enacted by the authority aforesaid, that mesne and final process from the City Court of Atlanta shall be returned to the Superior Court of Fulton County; and all claims, illegalities, and other issues arising from the execution of such process shall be returned to said superior court as other cases therein. Return of cases. Sec. 4. Be it further enacted, that any and all cost which have accrued to the County of Fulton and which would be due under existing laws to be paid into the treasury of Fulton County, in any case pending in the said City Court of Atlanta at the time this Act goes into effect, and transferred to the Superior Court of Fulton County, shall be paid into the treasury of Fulton County as now required by law. Costs. Sec. 5. Be it further enacted by the authority aforesaid, that all mesne and final process from the City Court of Atlanta shall be executed by the sheriff of Fulton County, or his lawful deputies. Process. Sec. 6. Be it further enacted by the authority aforesaid, that all dockets, minutes, records, and papers of the City Court of Atlanta shall be turned over to the Clerk of the Superior Court of Fulton County. Records. Sec. 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935.

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ATLANTA CITY COURT JUDGE'S SALARY. NO. 202. An Act to amend an Act fixing the salary of Judges of City Courts of this State in counties having therein a city with a population of not less than 175,000, approved July 15, 1927 (Ga. Laws 1927, page 380), so as to reduce and fix the salary of the Judges of said Courts; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The Act fixing the salary of the Judges of City Courts of this State in counties having therein a city with a population of not less than 175,000, and approved July 15, 1927 (Ga. Laws, 1927, page 380), is amended by striking from the seventh line of section 1 of said Act the words and figures $12,000.00, and inserting in lieu thereof the figures $9,000.00, so that section as amended should read as follows: Salary $9,000. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the judge of the city court, in all counties having therein a city with a population of not less than 175,000 according to the latest United States census, shall have an annual salary of $9,000.00 from and after the passage of this Act, payable in monthly installments out of the treasury in such counties, in the same manner as judges of such counties are now paid. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, be and the same are hereby repealed. Approved March 27, 1935.

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ATLANTA CRIMINAL COURT NAME CHANGED. NO. 38. An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, passed December 15th, 1871, and Acts amendatory thereof, and for other purposes, approved September 6th, 1891, and Acts amendatory thereof as amended by the Act approved July 22nd, 1924, and as further amended by the Acts approved of July 14th and 15th, 1927, by striking from section 1 of said Act of September 6th, 1891, the words Criminal Court of Atlanta, and substituting in lieu thereof the words Criminal Court of Fulton County, so as to provide for a change in the name of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act that section 1 of the Act approved September 6th, 1891, creating the Criminal Court of Atlanta, as amended, be and the same is hereby further amended by striking from said section 1 of the Act approved September 6th, 1891, the words Criminal Court of Atlanta, and substituting in lieu thereof the words Criminal Court of Fulton County, so that said section when so amended shall read as follows: Section 1. That, immediately upon the passage of this Act, there be established in the County of Fulton, a court to be known as the Criminal Court of Fulton County, and that said court have jurisdiction over the County of Fulton of the following matters, viz.: all crimes and offences which by the Constitution of the State are not exclusively cognizable in the Superior Courts thereof. Criminal Court of Fulton County; new name. Jurisdiction. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935.

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ATLANTA CRIMINAL COURT SALARIES. NO. 432. An Act to amend an Act establishing the Criminal Court of Atlanta, approved September 6, 1891, as amended and the Acts amendatory thereof, so as to reduce and provide that the annual salaries of the judge, the solicitor-general, and the deputy solicitor-general of said court shall be fixed by the Board of Commissioners of Roads and Revenues of Fulton County at not exceeding certain amounts; and for other purposes. Section 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 establishing the Criminal Court of Atlanta, approved September 6, 1891, and the several Acts amendatory thereof, be and the same are hereby amended by adding a new section to said Act as amended, providing as follows: The annual salary of the judge of said court shall be nine thousand dollars ($9,000.00), payable monthly out of the treasury of Fulton County. The annual salary of the solicitor-general of said court shall be nine thousand dollars ($9,000.00), payable monthly out of the treasury of Fulton County; and the annual salary of the deputy solicitor-general in said court shall be not less than five thousand ($5,000.00) dollars nor more than five thousand eight hundred twenty ($5,820.00) dollars, payable monthly out of the county treasury. Salaries: Judge, $9,000.00; Solicitor, $9,000; Deputy-solicitor, $5,000-$5,820. Sec. 1-A. Be it further enacted by the authority aforesaid, that the Act establishing the Criminal Court of Atlanta, approved September 6, 1891, and the several acts amendatory thereof, be and the same are hereby amended by adding a new section to read as follows: The office of second deputy solicitor-general of said court is hereby established. Said second deputy solicitor-general shall be appointed by the solicitor-general of said court, and serve at the pleasure of such solicitor-general. The annual salary of the second deputy solicitor-general of said court shall be not less than thirty-six hundred ($3,600.00) dollars, nor more than four

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thousand eight hundred twenty ($4,820.00) dollars, payable monthly, out of the county treasury. Second deputy-solicitor, $3,600-$4,820. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. ATLANTA MUNICIPAL COURT ACT AMENDED. NO. 414. 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 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, by striking section 13 and providing for a new section 13 in lieu thereof so as to provide for the election of the Chief Judge and judges of the Municipal Court of Atlanta, Fulton Division, by the people; to provide the term of said judges and the time of their election; to provide for extension of present terms of the judges; to provide how vacancies shall be filled; also to strike section 14 of the Act of 1913; also to strike section 15 of the Act of 1915 and provide in lieu thereof a new section 15, to empower the chief judge of said court to appoint attorneys to act as judge pro hac vice; also to strike section 16 of said Act of 1913 and substitute in lieu thereof a new section 16, so as to provide for the salaries of said judges; also to amend section 47 as to contest of pauper affidavit; also to amend section 53 of said Act to fix days of marshals' sales; also to strike section 21 of said Act of 1913; also to amend section 39 of said Act of 1913 by striking

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out the words chief judge that appear in said section and substituting in lieu thereof the words any judge; and for other purposes. Section 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 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 of 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, be and the same is hereby amended by striking sections 14 and 21 from said Act of 1913. Ga. L. 1913, p. 145, amended. Sections 14 and 21 stricken. Sec. 2. Be it further enacted by the authority aforesaid, that section 13 of the aforesaid Act of 1913 and the same is hereby amended by striking said section 13, and in lieu thereof a new section is substituted to be known as section 13, as follows: Section 13. The chief judge and each of the four judges thereof shall be elected by the people in the same manner and method in which the judges of the superior courts of this State are elected. The terms of the two judges whose term of office expires on December 31st, 1935 , are extended to December 31st, 1936 , and their successors in office shall be elected by the people in the general election to be held in 1936, for a term of six years to expire on December 31st, 1942, or until their successors are elected and qualified. The terms of the chief judge and the two judges of said court whose term of office expires on December 31st, 1937 are extended to December 31st, 1938, and their successors in office shall be elected by the people in the general election to be held in 1938, for a term of six years, to expire on December 31st, 1944, or until their successors are elected and qualified. The commissions shall

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issue from the Governor upon a certificate from the Ordinary of Fulton County as to their being elected as chief judge and judges of said court. A candidate, when qualifying for a primary, general or special election for any position as chief judge or judge of the Municipal Court of Atlanta, Fulton Division, shall specify the particular encumbent which said candidate desires to oppose or succeed, and all ballots shall be prepared accordingly. The candidate receiving a plurality of the votes cast for such particular office shall be declared the nominee therefor. Every vacancy, except in the office of chief judge, occasioned by death, resignation, or other cause, shall be filled by appointment by the Governor 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 time a successor for the unexpired term shall be elected. Whenever a vacancy shall occur in the office of chief judge by reason of death, resignation or other cause, his successor shall be selected from one of the then judges of said court by the Governor and such judge shall be appointed and commissioned as chief judge of said court and hold the position of chief judge for the remainder of the term to which he was elected to as judge. New section 13. Judges to be elected by people. Terms of office. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that section 15 of said Act of 1913 be and the same is hereby amended by striking section 15, and in lieu thereof a new section to be substituted to be known as section 15, as follows: Section 15. Whenever it may be necessary by reason of the disqualification of any judge or judges of said court in any case pending therein, the chief judge of said court may appoint any qualified attorney or attorneys-at-law to act as judge or judges pro hac vice, who shall exercise all the functions of a judge in that case. New section 15. Appointment of attorney as judge pro hac vice in dis-qualified case. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted, that section 39 of said act of 1913 be amended by striking out the words chief judge that appear at the end of the twelfth line of said section and inserting in lieu thereof the words any judge so that said

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section, as amended, shall read as follows: Section 39. Be it further enacted by the authority aforesaid, that upon the filing of any civil action in said court, the plaintiff, or his attorney of record, may file with the original action a written demand for a trial by jury in said court, and in the absence of such demand, said plaintiff shall be held to have waived a trial by jury. The defendant in such action may file a written demand for a trial by jury on or before the day upon which he is required to appear in court in response to said proceeding and upon such defendant's failure thereupon to demand a trial by jury, he will be held to have waived the same; provided, however, where neither party demands a jury trial, any judge of said court shall have the right on his own motion and in his discretion, to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or may refer any issue of fact to a jury for the rendering of a special verdict on such issue; said jury trial to be had in all other respects as if demanded by a party to said cause; provided, further, where a defense is filed on or before answer day, the plaintiff in any cause of action shall have the right to demand a trial by jury on said answer day or on the following day. A jury trial, once demanded by either party, shall not be waived except by written consent of the opposite party. Section 39 amended by striking out chief judge and substituting any judge. Section as amended. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted, that the second sentence in section 47 of said Act of 1913, which reads as follows: The issue thereby formed shall be heard and determined by the court under the rules of the court, and, if the charge be sustained, judgment shall be rendered as if no affidavit has been made or bond given, be, and the same is hereby stricken, and in lieu thereof the following is substituted: The issue thereby formed shall be heard and determined by the court under the rules of the court, and where the contest is sustained, if the defendant be the contesting party, said action shall be dismissed with costs against the plaintiff, and if plaintiff be the contesting party, all defenses of defendant shall be stricken and judgment rendered in favor of the plaintiff. So that said section shall read as follows: Section 47. Be

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it further enacted by the authority aforesaid, that in any case provided by this Act where a party shall make oath that, from his poverty, he is unable to pay costs or give bond, any other party at interest, or his agent or attorney, may contest the truth of such pauper's affidavit by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court under the rules of the court, and where the contest is sustained, if the defendant be the contesting party, said action shall be dismissed with costs against the plaintiff, and if plaintiff be the contesting party, all defenses of defendant shall be stricken and judgment rendered in favor of the plaintiff. If said charge be not sustained, the costs of such hearing shall be taxed against the party complaining. The judgment of the court on all issues of fact touching the ability of a party to pay costs or give bond shall be final. Sec. 47 amended; issue as to ability to pay costs, etc. Section as amended. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted, that paragraph one of section 53 of said Act of 1913, which reads as follows: Be it further enacted by the authority aforesaid, that all sales of personal property levied upon under processes from this court in that portion of Fulton County which is in the City of Atlanta, shall take place before the Court House door of Fulton County; all of said sales to be held between ten o'clock A. M. and four o'clock P. M., at public outcry on the Monday next following ten days' advertisement by notice posted at the Court House door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of such property, if known to the levying officer, the style of the case in which the execution is issued and the location of the place where the property was seized, be and is hereby stricken, and in lieu thereof the following paragraph is inserted: Be it further enacted by the authority aforesaid, that all sales of personal property levied upon under processes of this court in Fulton County shall take place before the Court House door of Fulton County; all of said sales to be held on the first and third Mondays of each month; all of said sales to be held between the hours of ten o'clock A. M. and four o'clock P. M., at public outcry on such Monday

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following ten days' advertisement by notice posted at the Court House door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of such property, if known to the levying officer, the style of the case in which the execution is issued and the location of the place where the property was seized. Sec. 53 amended. Sales of personalty under execution; time and place. Section as amended. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted, that section 16 of said Act of 1913 be and the same is hereby amended by striking said section 16, and in lieu thereof a new section substituted, to be known as section 16, as follows: Section 16. The annual salary of the chief judge shall not be more than $8400.00. The annual salary of the other judges shall not be more than $7500.00; said salaries to be fixed by the Board of Commissioners of Roads and Revenues of Fulton County, and shall be paid in equal monthly installments, upon warrants approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton County and drawn upon the county treasurer of Fulton County, provided that no judge or other official of said court shall receive to his own use any fees or perquisites of office. New Sec. 16. Salary limit: Chief Judge $8400; other judges $7500. How fixed. Sec. 8. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. AUGUSTA MUNICIPAL COURT ACT AMENDED. NO. 217. An Act to amend an Act to abolish justice courts and the offices 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

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other officers thereof; to define their powers and duties and to fix their compensation; to provide for the rules and procedure and new trials in said court and writs of error therefrom; and for other purposes; amended by an Act approved March 24, 1933 (Acts 1933, page 299-307), so as to extend the jurisdiction of the Municipal Court of the City of Augusta throughout Richmond County concurrently with other courts in reference to civil causes or proceedings of whatever nature when the subject-matter of the same shall be not in excess of five hundred dollars, when not vested exclusively elsewhere; to change the salaries of the sheriff, clerk, and bailiffs fixed in section nine (9) of said Act; 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. 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 the original Act whose caption is set forth above, approved August 28, 1931 (Acts 1931, 279), be amended by striking therefrom the following, to wit: The City of Augusta, and inserting in lieu thereof the following, to wit: Richmond County. Section 21 of Act of 1931 amended. Jurisdiction extended over county. Sec. 2. Be it further enacted by the authority aforesaid, that section 2 of the Act creating the Municipal Court of the City of Augusta, whose caption is set forth above, amended by an Act approved March 24, 1933, be so amended that when amended it will read as follows: Be it further enacted by the authority aforesaid, that said Municipal Court of Augusta shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and existing justice courts of said county, to try and dispose of all civil causes or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due, or the value of the property in dispute, does not exceed five hundred dollars, and of which jurisdiction is not vested by the constitution and laws of the State of Georgia

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exclusively in another or other courts. The criminal jurisdiction of said municipal court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Sec. 2 amended. Jurisdiction. Criminal cases. Sec. 3. Be it further enacted by the authority aforesaid, that the salary of the judge of said Municipal Court of the City of Augusta shall be forty-eight hundred dollars ($4,800.00) per annum; the salary of the clerk of said court shall be twenty-four hundred dollars ($2400.00) per annum; the salary of the deputy clerk of said court shall not exceed twelve hundred dollars ($1200.00) per annum; the salary of the sheriff of said court shall be twenty-four hundred dollars ($2400.00) per annum; and that the sheriff of said court shall have power, by and with the consent of the judge of said court, to appoint not to exceed two (2) deputy sheriffs at a salary of $1320.00 per annum each, and with the consent of said judge of said court a deputy sheriff, or deputy sheriffs, as the business of said court may demand, at a salary not to exceed three dollars ($3.00) per diem. Provided, neverthless, said deputy sheriff, or deputy sheriffs, shall serve only during such time as the judge and the sheriff may deem their services necessary for the best interests of the court, and any such deputy or any bailiff may be discharged by the said judge or sheriff at any time, and such vacancy or vacancies thus created may be filled in the same manner as such officers were originally filled under this Act. The compensation of all officers of said municipal court shall be paid monthly out of the treasury of Richmond County, upon the warrant of the judge of said court, by the officer or officers charged by law with paying out the moneys of said county, and charged as a part of the court expenses of said court. Salary of judge, $4800; clerk, $2400; deputy clerk, $1200; sheriff, $2400; Deputy sheriffs $1,320, each; per diem of additional deputies, $3. Mode of payment, etc. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that in all suits begun by summons, where there is only one defendant involved therein, and the amount claimed in said suit shall not exceed fifty dollars ($50.00), and there is judgment

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by default, provided no garnishment is involved, and that the total costs to judgment where defense is filed, where only one defendant is involved, shall be $4.00; that where there is a suit begun by summons and one garnishment served, and said suit shall be dismissed or settled before trial or judgment taken in the main case by default, then the total costs shall be fixed at $4.00; that where there is more than one summons of garnishment in said case, there shall be added thereto the amount fixed by law for such additional summons or summonses and for the services thereon. In the event there is more than one defendant involved in such suit, then there shall be added to said costs what additional costs that may be incurred by reason of the issuing of additional summons or summonses and the services thereof. Provided, nevertheless, in case of an attorney's fee is incurred by garnishee in making an answer in any such suit, the cost thereof shall be added to the sums hereinabove set forth. Provided further, that in any such case where the sum claimed does not exceed fifty dollars ($50.00) against one defendant, where the case is in default, or if default judgment is taken, the costs shall be three dollars ($3.00); and provided further, that the costs reductions hereinabove provided shall apply only to such cases where no trial by jury is demanded or had. Costs. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1935. BAINBRIDGE CITY COURT JUVENILE JURISDICTION. NO. 194. An Act to amend an Act entitled An Act to establish the City Court of Bainbridge in the City of Bainbridge, in and for the County of Decatur; to define its jurisdiction and powers; to provide for the appointment of the judge

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and other officers thereof; and for other purposes; said Act being approved on November twenty-seventh, nineteen hundred, and found in Acts of 1900, page 104 through page 113; this Act to enlarge the jurisdiction 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 Act approved November 27, 1900, creating and establishing the City Court of Bainbridge, which Acts are found in the Acts of 1900, page 104 through 113, be and the same is hereby amended by adding to said Act the following sections to be numbered as herein numbered. Section 45. Be it further enacted by the authority aforesaid, that said City Court of Bainbridge shall, in addition to its present jurisdiction, also have original and exclusive jurisdiction in all cases coming within the terms and provisions of this Act, when not covered by general law, and not contrary to the constitution. Jurisdiction. Section 46 (1). This amendment shall apply to all children under 16 years of age, sub: Children to whom the Act applies. (a) Who violate any penal law or any municipal ordinance, or who commit any act or offense for which he could be prosecuted in a method partaking of the nature of a criminal action or proceeding, except in crimes punishable by death or life imprisonment. (b) Who engage in any occupation, calling, or exhibition or is found in any place for permitting, which an adult may be punished by law, or who so deport themselves or himself, contrary to the criminal laws of this State, or is in such condition or surrounding or under such improper or insufficient guardianship or control as to endanger the morals, health, or general welfare of said child. (c) Who come within the provisions of any law for the education, care, and protection of children.

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Section 46 (2). Be it enacted by the authority aforesaid, that upon the return of any criminal warrant or summons against any child to whom this Act applies by any officer arresting any such child, or upon the verified petition of any person or persons showing that a child is within the provisions of this Act, being field in said court, and a rule nisi being served on the parents, guardians, or other person in whose custody said child may be ten days before the hearing, this court shall proceed to hear and determine the case, and may conduct examinations of the witnesses, without the assistance of counsel, and may take testimony and inquire into the habits, surroundings, condition and tendencies of said child to enable the court to render such order or judgment as shall best conserve the welfare of said child and carry out the objects of this Act, and the court, if satisfied that the child is in need of the care, discipline and protection of the court, may so adjudicate, and may, in addition, find said child to be in a state of delinquency or neglect and may further render such judgment and make such order, or commitment according to the circumstances of the case as will best conserve the purpose of this Act. Notice and hearing. Judgment. Section 47. The court may place the child in the care and control of the County Probation Officer and may allow such child to remain in its home, subject to the visitation and control of the Probation Officer, and subject to be returned to the court for further proceedings whenever such action may appear to the court to be necessary; or the court may authorize the child to be placed in a suitable family home, subject to the friendly supervision of the County Probation Officer and further order of the court; or the court may commit the child to the County Farm to there be kept, maintained and worked, in accordance with the law, and subject to the order of the court; or the court may commit the child to any institution that may care for children within or without the county, incorporated or otherwise, or to any such institution without the State; or the court may release the child upon its own recognizance or upon the recognizance of the parent or person having custody, control, or supervision of the child, to appear before the court at such

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time as may be therein fixed; or the court may in its discretion in any case of a delinquent child brought before it, as herein provided, permit such child to be proceeded against in accordance with the law that may be in force in this State governing the commission of crime and transfer the proceedings in this court and the child to the court having jurisdiction of the offense; or the court may make such rules and regulations not contrary to law, in its discretion, in any case of a delinquent child brought before it as herein provided in the care and control of the child, and any wilful failure by any person to obey its requirements shall subject any person guilty thereof for liability for punishment as for a criminal contempt. Provided, however, that nothing contained in this Act shall be construed to prevent any child embraced in this Act of the right now given by law to any person to give bond or other security for its appearance at the hearing. What may be done with the child. Section 47. It is the intention of this Act that in all proceedings under its provisions the court shall proceed under the theory that said child is a ward of the State and is subject to the discipline and entitled to the protection which the court should give such child under the conditions disclosed in the case. Ward of the State. Section 48. Be it further enacted by the authority aforesaid that any final order or judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child, and no committment of any child to any institution or custodial agency shall deprive the court of the jurisdiction to change the form of the committal or transfer the custody of the child to some other institute or agency on such conditions as the court should see fit to impose, the duty being constant before the court to give to all children subject to its jurisdiction such oversight and control in the premises as will conduce to the welfare of such child and the best interest of the State. No order changing the form of committal or transfer of custody of a child to some other institution or agency shall be made except upon

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ten days written notice to the guardian, institution or agency, to whose care such child has been committed, unless such guardian, institution or agency consents thereto. Modification of judgment. Constant oversight by court. Notice of change in order. Section 49. Whenever it shall appear to the court in the case of any child who has been taken from its home or the custody of its parents, that conditions have so changed that it is consistent with the public good and the welfare of the child that the parents, guardian or other person again have the custody of the child the court may make a suitable order in the premises. Change of condition. Section 50. The court is authorized to seek the cooperation of all societies or organizations, public or private, having for their object the protection or aid of delinquent or neglected children to the end that the court may be assisted in every reasonable way to give to all such children the care, protection and assistance which should conserve the welfare of such children. It is clearly made the duty of every county, town or municipal official or department in said county, to render such assistance or cooperation within his or its jurisdictional power to further the objects of this Act. All institutions, associations or other custodial agencies in which any child may be, coming within the provision of this Act are hereby required to give such information to the court as it may require for the purpose of this Act. Cooperation of court with organizations, etc. Section 51. An appeal may be taken from any order of the court in the same manner and under the same rules and procedure as any misdemeanor case may be appealed from said court. Appeal. Section 52. It being the sole intention of this Act to enlarge the jurisdiction, power, and control of the City Court of Bainbridge so as to permit said court to also act as a juvenile court in addition to its already existing jurisdiction. Intent of Act. Section 53. Be it further enacted by the authority aforesaid that if any portion of this Act shall be held unconstitutional or illegal for any reason that the same shall not be construed to affect the validity of any other portion of this

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Act, or the original Acts and amendments thereof, which have heretofore been existence. Invalidity of part of Act, not affect other part. Section 54. 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 20, 1935. BRUNSWICK CITY COURT SALARIES, ETC. NO. 222. An Act to amend an Act entitled An Act to establish the City Court of Brunswick in and for the County of Glynn, approved December 9, 1895, as amended by an Act approved August 20, 1906, and amended further by an Act approved August 11, 1927, so as to change and reduce the salary of the Judge of the City Court of Brunswick, and permit him to practice law; and so as to reduce the salaries of the clerk and the sheriff of the City Court of Brunswick; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act establishing the City Court of Brunswick in and for the County of Glynn, approved December 9, 1895, as amended by the Act approved August 20, 1906, and by the Act approved August 11, 1927, and section 4 of the Act approved December 9, 1895, as amended by section 1 of the Act approved August 11, 1927, be amended by striking therefrom the words and figures four thousand dollars ($4,000.00), and by inserting in lieu thereof the words and figures twenty-four hundred ($2400.00) dollars, so that the salary of the Judge of said City Court of Brunswick shall be $2400.00 per annum, payable monthly, at the times and by the means provided in said Act approved December 9, 1895. Salary of judge, $2400.

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Sec. 2. That the Act approved December 9, 1895, establishing the City Court of Brunswick in and for the County of Glynn, and section 4 thereof, as amended by the Act approved August 11, 1927, be further amended by striking therefrom the following words: The Judge of said City Court of Brunswick shall not engage in the practice of law while holding the office as Judge of said court, and inserting in lieu thereof the following words: The Judge of said City Court of Brunswick may engage in the practice of law in the superior courts, or any courts other than the City Court of Brunswick. Provided that this section and section 1 of this Act shall not take effect until January 1, 1937. Judge may practice law; effective Jan. 1, 1937. Sec. 3. That said Act establishing the City Court of Brunswick, and section 4 thereof, as amended by the Act approved August 11, 1927, be further amended by striking the words and figures fifteen hundred dollars ($1500.00) therein and inserting in lieu thereof six hundred ($600.00) dollars as the salary of the clerk of said court, and so that the salary of said clerk shall be six hundred ($600.00) dollars a year; and further amended by striking the words and figures twelve hundred dollars ($1200.00) therein and inserting in lieu thereof three hundred ($300.00) dollars as the salary of the sheriff of said court, and so that the salary of said sheriff shall be three hundred ($300.00) dollars a year. Clerk's salary, $600. Sheriff's salary, $300. Sec. 4. This Act shall take effect, except as to the salary of the Judge of City Court of Brunswick, from and after its passage and approval by the Governor. Sec. 5. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. CAIRO CITY COURT OFFICERS' COST. NO. 61. An Act to amend the Act creating the City Court of Cairo and amendments thereto; to repeal section two of the Act approved August 15, 1933, which Act is an amendment

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to the Act creating the City Court of Cairo; to provide for the payment of costs for convicts delivered from the City Court of Cairo to commissioners of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act approved August 8, 1906 creating the City Court of Cairo, shall, after the approval of this Act, have restored to it section 40, amended to read as follows: Be it further enacted, that where there has been a conviction in said city court, and the offender is unable to pay the fine on account of the conditions imposed in the sentence of said court, or is unable to pay the fine imposed by said court, then such convict shall be turned over to the county commissioners of Grady County, who shall work him upon the chain-gang of said county, and when so worked the commissioners shall at the next regular meeting of said commissioners pay to the solicitor of said city court the sum of twenty dollars for each convict so worked, which shall be in lieu of all costs in said case; and the said sum shall be divided among the officers of said court, to wit, solicitor, clerk, sheriff, justice of the peace and bailiffs, pro rata. Costs in criminal cases. Sec. 2. Be it further enacted, that section two of the Act approved February 15, 1933, which is an Act to amend the Act creating the City Court of Cairo, be and the same is hereby repealed. Section 2 of Act of 1933 repealed. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935.

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CLAXTON CITY COURT ACT AMENDED. NO. 273. An Act to amend an Act approved the 18th day of August, 1919 (Acts 1919, page 446), to establish the City Court of Claxton, and all Acts amendatory thereof, and especially the amendatory Act approved the 11th day of August, 1922 (Acts 1922, page 236 et seq.), and the amendatory Act approved the 24th day of August, 1922 (Acts 1922, pages 241-242), by 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 for the number of jurors to be drawn for jury duty in said court; and providing that the salary of the judge of said City Court of Claxton, on and after the passage of this Act shall be nine hundred dollars per annum to be paid monthly out of the treasury or depository of Evans County; and to provide an official reporter for said court; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the Legislature of Georgia, approved the 18th day of August, 1919 (Acts 1919, page 446 et seq.) to establish the City Court of Claxton, and all Acts amendatory thereof, and especially the amendatory Act approved the 11th day of August, 1922 (Acts 1922, page 236 et seq.), and the amendatory Act approved the 24th day of August, 1922 (Acts 1922, pages 241-242), 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 any of the amendments thereto. Acts amended. Sec. 2. 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 or both parties to the case shall in writing demand a trial by a jury, and in that case a trial shall be had by a

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Jury of six (6) as hereinafter provided, unless always, in any case one or both of the parties to a case, either civil or criminal, shall be entitled to a jury of twelve by entering a demand therefor in writing on or before the call of the docket at the term to which said case is returnable, or in a criminal case by the State or the defendant at the time the case is called and both parties have announced ready. The clerk of said court shall keep blank forms of demand for trial by a jury, and when a jury of twelve is not especially demanded, the party making the demand shall be entitled to a trial by a jury of six. A mere demand for a trial by a jury shall be a waiver of a trial by a jury of twelve, and the party or parties must proceed to a trial with a jury of six. Demand for jury trial. Jury of six. Sec. 3. Be it further enacted by the authority aforesaid, that twelve (12) jurors shall constitute a panel, and the jury shall be selected as follows: In civil cases each side shall have three (3) strikes, and in criminal cases the defendant shall have four (4) strikes, and the State two (2) strikes; six shall thus constitute a jury. If, however, either party in a civil case or the defendant or the State in a criminal case decline to waive a trial by a jury of twelve (12), 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 of Evans County. The jurors drawn on the regular panel, and likewise 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 receive the sum of two dollars per day while serving as such, the same to be paid under the same rules as regulate the payment of Superior Court jurors. Selection of jury. Pay of jurors. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said city court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Evans County, as provided

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from time to time for the superior court, and from said copy so made traverse juries in said city court shall be drawn in the following manner: The clerk of said court shall write upon separate tickets the names of said traverse jurors, and together with the judge shall place the same in a box prepared for the purpose, from which shall be drawn twenty-four jurors in the same manner and under the same rules as are applicable in the superior courts; and all laws with reference to summoning jurors, tales jurors, and juries, as the same are of force in the superior courts, so far as applicable to said city court, shall apply and be observed in said city court: all laws with reference to exemptions from jury duty, all reference to qualification of jurors, relationship, impanelling, striking, challenging, and fining of jurors, as the same are of force in the superior courts, so far as applicable to said city court, shall apply and be observed in said city court. Jury list. Drawing jurors. Sec. 5. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the judge of the City Court of Claxton shall receive a salary of nine hundred dollars per annum, which shall be paid monthly out of the treasury or depository of Evans County, as other current expenses are paid, by the Board of Commissioners of Roads and Revenues or the person or persons charged by law with the duty of paying out the moneys of said County of Evans, and such salary shall be paid to the judge now in office, as well as his successor in office. Judge's salary, $900. Sec. 6. Be it further enacted by the authority aforesaid, that there shall be a stenographer of said City Court of Claxton appointed by the judge thereof, and all civil cases in said court shall be reported at the request of either plaintiff or defendant, and the fees for reporting such cases shall be the same as are allowed for similar services in the superior courts, to be paid by the plaintiff and the defendant equally, and the stenographer shall have the right to enforce the collection of said fees as do the stenographers in the superior courts of this State, provided further that the stenographer shall be required to attend criminal sessions of said city court

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only in the discretion of the judge, and when required to attend criminal sessions of said city court he shall receive for his services the same fees as do stenographers of the superior courts for like services. Stenographer. Fees. Sec. 7. Be it further enacted by the authority aforesaid, that should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Invalidity of part of act, not vitiate other part. Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1935. COUNTY CRIMINAL COURT ACT REPEALED. NO. 28. An Act to repeal an Act and all amendatory acts thereto 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; to define its jurisdiction, to provide for a judge and solicitor and other officers thereof, and to fix their manner of election and selection, and to fix their compensation,a nd to provide for rules of practice and procedure in said courts; to fix the mode of appeal by certiorari; to provide for the transfer of certain cases from the superior courts of such counties to said county criminal court; and for other purposes. Said repealing act to also provide for the transfer of all books, suits, mesne and final processes, all criminal cases, indictments, presentments and accusations and all other business now pending in such county criminal courts to the superior courts of such counties, for trial and final disposition; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the above entitled 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; to define its jurisdiction, to provide for a judge and solicitor and other officers thereof, and to fix their manner of election and selection, and to fix their compensation, and to provide for rules of practice and procedure in said courts; to fix the mode of appeal by certiorari, to provide for the transfer of certain cases from the Superior Courts of such counties to said county criminal court, and for other purposes, approved August 17th, 1929, and the Act amendatory thereof, approved March 23, 1933, be and the same are hereby repealed, and all county criminal courts created and established under said Act are hereby abolished. Repeal of Act as to county criminal court in county of 6,458 to 6,462 population. Sec. 2. Be it further enacted by the authority aforesaid, that all books, suits, mesne and final processes, all criminal cases, indictments, presentments and accusations, civil and criminal bonds, and all other papers and business now pending in any county criminal court created and established under said Act, are hereby transferred to the superior courts of such counties for trial and final disposition. Transfer of cases to superior court. Sec. 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved February 23, 1935. DANIELSVILLE CITY COURT REFERENDUM. NO. 27. An Act to repeal an Act passed July 27, 1925, by the General Assembly of Georgia, published in Georgia Laws of 1925, beginning on page 416 and ending on page 426, and entitled as follows: An Act to create the City Court

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of Danielsville, in and for the County of Madison; to define its powers, jurisdiction and procedure; to provide for a Judge, Solicitor, and other officers of said court; to provide for compensation of said officers, and a place for holding said court; and for other purposes, after the repeal thereof shall have been submitted to the qualified voters of Madison County, and after a majority of said qualified voters shall have voted in favor of abolishing 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 same, that the City Court of Danielsville, created and organized under and by virtue of an Act entitled An Act to create the City Court of Danielsville, in and for the County of Madison; to define its powers, jurisdiction and procedure; to provide for a Judge, Solicitor, and other officers of said court; to provide for compensation of said officers, and a place for holding said court; and for other purposes, is hereby abolished. Referendum as to abolition of city court. Sec. 2. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Danielsville, both civil and criminal, be transferred to the Superior Court of Madison County, Georgia, and tried in said Superior Court and all illegalities, claims and answers to garnishment proceedings, and all other proceedings growing out of any execution, decree or order of said City Court shall be returned to said Superior Court of Madison County, Georgia, and all witnesses subpoenaed in cases pending in said City Court of Danielsville, shall attend the Superior Court of Madison County, Georgia, from time to time until such cases so transferred shall be disposed of. Transfer of cases to superior court. Sec. 3. Be it further enacted by the authority aforesaid, that all cases pending in said City Court of Danielsville, so transferred to said Superior Court of Madison County, Georgia, in which appearances have been made and pleadings filed by the defendants, or in which entries of in default have been entered, shall stand for trial at the next

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term of the said Superior Court, unless continued therein under the laws regulating continuances in said Superior Court. Trial in superior court. Sec. 4. Be it further enacted by the authority aforesaid, that before this Act shall go into effect the same shall be ratified at an election to be called by the Ordinary of Madison County, Georgia, within thirty (30) days from the passage of this Act, and all qualified voters of Madison County shall be eligible to participate in said election so called and held. If this Act is ratified by a majority of those voting at said election, the proviso of this Act abolishing the City Court of Danielsville, Madison County, Georgia, shall go into effect, immediately upon the declaring of the result of said election by the Ordinary of said County. The ballots to be furnished to the voters in this election shall have printed thereon, For the abolishing of the City Court of Danielsville, and Against abolishing the City Court of Danielsville. Said election shall be held under the law, rules and regulations now governing special elections. Provisions therefor shall be under the direction of the Ordinary of Madison County, and the result of said election shall be declared by said ordinary. All expenses of said election shall be borne by the County of Madison. Referendum. Expense of election. Sec. 5. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 19, 1935. DOUGLAS CITY COURT SOLICITOR'S SALARY. NO. 37. An Act to amend an Act approved August 19, 1919, 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 thereof, and to define their powers and duties; to provide for the granting of new trials

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and writs of errors therefrom, and for other purposes, as amended by Acts approved July 29, 1929, and February 15, 1933, so as to provide for the payment of a salary to the Solicitor of the City Court of Douglas, in lieu of all fees, to fix the amount of said salary, 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, that section 10 of the Act approved August 19, 1919 (Acts 1919, page 464, et seq.), establishing the City Court of Douglas, be amended by adding to said section at the end thereof the following: Beginning the 1st day of January, 1935, the Solicitor of the City Court of Douglas shall receive a salary of fifteen hundred dollars per annum in lieu of all fees to which he was previously entitled by law. Said salary shall be paid monthly out of the treasury or depository of Coffee County, Georgia, by the officer or officers having in charge the fiscal affairs of said county. After said date, the amounts of all fees to which the Solicitor would be entitled, and the portion of the fines and forfeitures arising in said City Court of Douglas to which he would be entitled, had this amendment not been enacted, shall be paid into the treasury of Coffee County, Georgia. Salary $1500 in lieu of fees, etc. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935. JEFFERSON CITY COURT ACT AMENDED. NO. 439. An Act to amend an Act approved July 16, 1903, establishing the City Court of Jefferson, in Jackson County, and Acts amendatory thereof, so as to change the terms of said court; to provide for the payment of all fines and forfeitures into the registry of said court; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, that the terms of the City Court of Jefferson, in Jackson County, shall be the fourth Monday in February, the fourth Monday in May, the fourth Monday in August, and the fourth Monday in November, of each year. Terms of city court. Sec. 2. Be it further enacted, that all fines and forfeitures collected shall be forthwith paid into the registry of said court, including monies collected from the sales of vehicles or property seized for a violation of the prohibition laws of the State; and the clerk of said city court shall make distribution of said funds, including that due the County of Jackson, in terms of law, not later than the 10th day of each month. Fines and forfeitures, how collected and disposed of. Sec. 3. Be it further enacted, that all laws and parts of laws, in conflict with this Act are hereby repealed. Approved March 28, 1935. JESUP CITY COURT ACT AMENDED. NO. 52. An Act to amend an Act establishing the City Court of Jesup in and for the County of Wayne approved July 31, 1916, and to amend an Act amendatory thereof approved August 6, 1927, by providing that the sheriff of Wayne County and his deputy or deputies shall be the sheriff and deputy sheriff or deputy sheriffs respectively, of the City Court of Jesup, and the clerk of the Superior Court of Wayne County and his deputy or deputies shall be the clerk and deputy clerk or deputy clerks, respectively, of the City Court of Jesup; and to fix their bonds. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that section 6 in the Act approved July 31, 1916, be amended by striking all of section 6 and adding in lieu thereof the following:

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Section 6. Be it further enacted by the authority aforesaid that there shall be a clerk of the City Court of Jesup, and that the clerk of the Superior Court of Wayne County shall be the clerk of the City Court of Jesup and his deputy or deputies shall be the deputy clerk or deputy clerks of the City Court of Jesup. Before entering upon the discharge of their offices they shall take and subscribe oaths to faithfully and impartially perform the duties thereof, which oaths shall be entered upon the book of minutes of said court. Also before entering upon the duties of their offices, they shall execute bonds with good security, the clerk a bond in the sum of $1,000.00 and the deputy clerks bonds in the sum $500.00 each, for the faithful discharge of the duties of said offices, which bonds shall be approved by the judge of said court and deposited with the ordinary of said county. New section 6 of Act. Clerk and deputies the same as in superior court. Oaths, bonds, duties. Sec. 2. Be it further enacted by the authority aforesaid, that section 7 in the Act approved July 31, 1916, as amended by section 2 in the Act approved August 6, 1927, be amended as follows: By striking all of said section and adding in lieu thereof the following: Section 7. Be it further enacted by the authority aforesaid, that there shall be a sheriff of the City Court of Jesup, and that the sheriff of Wayne County shall be the sheriff of the City Court of Jesup, and that his deputy or deputies shall be the deputy sheriff or deputy sheriffs of the City Court of Jesup. Before entering upon the discharge of their offices, they shall take and subscribe oaths to faithfully and impartially perform the duties thereof, which oaths shall be entered upon the minutes of said court. Also before entering upon the duties of their offices they shall execute bonds with good security, the sheriff bond in the sum of $1,000.00, and the deputy sheriffs' bonds in the sum of $500.00 each, for the faithful discharge of the duties of their offices, which bonds shall be approved by the judge of said court and deposited with the ordinary of said county for record. New sec. 7. Sheriff and deputies. Sec. 3. Be it further enacted by the authority aforesaid, that if any section or portion of this Act or the original Act approved July 31, 1916, shall be declared invalid, the same

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shall not affect the other portions of said original Act or this Act. Invalidity of part of Act, not affect other part. Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved February 26, 1935. LAGRANGE CITY COURT ACT AMENDED. NO. 88. An Act to amend an Act entitled an Act to establish the City Court of LaGrange, Approved December 19, 1899, as amended by the Act entitled an Act to amend the Act creating the said City Court of LaGrange, approved November 30, 1900; to define its powers, to provide for the election of a judge and other officers; to provide compensation for the judge, solicitor, and for a clerk, and to prescribe their duties and fees; to provide for pleading and practice and granting of new trials and for carrying direct from said City Court to the Supreme Court, by bill of exceptions, or writs of error; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that section 2 of the Act establishing the City Court of LaGrange, in Troup County, approved December 19, 1899, as amended by an Act approved November 30, 1900, be, and the same is hereby amended by adding after the word Georgia in the sixth line of said section 2, the following: And also all other kinds of suits and proceedings which now or may hereafter be in use in the Superior Court, either under the common law or by statute, including, among other attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings and issues against intruders and tenants holding over, issues upon distress warrants, partition of personalty, foreclosures of all liens

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and mortgages and quo warrantos, so that section 2 of said Act approved December 19, 1899, as amended by the Act approved November 30, 1900, as amended shall read as follows: Said City Court of LaGrange shall have jurisdiction to dispose of all cases of whatever nature, except those cases over which the Superior Court has exclusive jurisdiction is given to other courts by the Constitution of Georgia, and also all other kinds of suits and proceedings which now or may hereafter be in use in the Superior Court, either under the common law or by statute, including, among other attachments and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings and issues against intruders and tenants holding over, issues upon distress warrants, partition of personalty, foreclosures of all liens and mortgages and quo warrantos; provided that in all cases brought in said city court for the principal sum of $100 or less, the defendant shall not be liable to pay more than Justice Court cost; and provided that the said City Court shall not have jurisdiction in militia districts other than the LaGrange District, of cases in which the principal sum involved is less than $50.00, and of which the Justice Courts shall have jurisdiction, provided that nothing herein contained, shall affect any cases now pending in said court. Jurisdiction of city court. Section as amended. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that section 15 of the Act establishing the City Court of LaGrange, approved December 19, 1899, as amended by the Act approved November 30, 1900, be, and the same is hereby, amended by striking the following language, to wit: The judge of said city court shall have the power and authority, to hear and determine all cases, and inserting in lieu thereof, the following: The judge of said city court shall, and it shall be his duty, to hear and determine all cases, so that said section as amended, shall read as follows:

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The judge of said court shall, and it shall be his duty, to hear and determine all cases, either civil or criminal, over which said city court has jurisdiction, and to give judgments thereon; provided always that either party in said cause shall be entitled to a trial by jury in said court, in all cases where the principal sum claimed exceeds $50.00, and in all criminal cases upon entering a demand therefor, by himself or attorney, in writing, on or before the call of the docket, the first day of the term of said court, at the term to which said cause is returnable, in all cases which said party is entitled to a trial by jury, under the constitution and laws of this State, provided that nothing herein contained shall affect any case now pending in said court. All jury cases, criminal and civil, shall be tried at the quarterly term. Section as amended. Judge's duty as to hearing cases. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935. LEESBURG CITY COURT ACT AMENDED. No. 212. An Act to alter and amend an Act entitled, An Act to establish the City Court of Leesburg, in the County of Lee, State of Georgia, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general, and other officers thereof, and to define their duties and powers, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes, approved August 21st, 1905, and Acts amendatory thereof, so as to change and fix the terms of holding court for jury trials, to fix the time and manner of having trials by jury, in said court, and to fix the powers of the judge in drawing juries, and to fix the salary of the judge of said court; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act approved August 21, 1905, establishing the City Court of Leesburg, in and for the County of Lee, to define its jurisdiction and powers, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes, and Acts amendatory thereof, be, and the same is hereby altered and amended as follows: Be it enacted that section 15 of said Acts, be, and the same is hereby amended by striking the word transferred in the twelfth line of said Act of 1905 and adding in lieu thereof the word continued and, also, by adding the words monthly or, after the word next in said twelfth line; said section is hereby further amended by adding the following words and language after the last line of said section, All cases in which a jury is required, whether civil or criminal, shall stand for trial at any monthly or quarterly term of said court, for which a jury has been drawn; provided that civil cases requiring a jury shall stand for trial at the term following the appearance term or return term in which said cases may have been filed, so that said section when altered and amended shall read as follows: Trial terms. Section 15. Be it further enacted, that the same rules of proceeding, service, pleading and practice as obtains in the Superior Court shall govern in the said city court, except as otherwise provided in this Act. The process to writs shall be annexed by the clerk of said court, be attested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Leesburg, or his deputy. All suits not exceeding one hundred dollars principal shall be returnable to the monthly session of said court, and shall stand for trial at the first term thereof by the judge without the intervention of jury; provided that in any cases where a jury is demanded, as herein provided, such cases shall be continued to the next monthly or quarterly term of said court, and shall there stand for trial by a jury. Ordinary suits to the monthly session of said court shall be filed at least fifteen days before the session to which they

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are returnable, and shall be served at least ten days before said session. All other cases shall be brought and tried in like manner as in the Superior Court, the plaintiff or defendant in any case shall be entitled to a trial by jury upon entering a demand for same at the first term of said court after suit is field, said demand must be in writing and entered upon the minutes of said court. And it shall be the duty of the judge the first thing upon opening court to sound the docket for the purpose of ascertaining what demands for jury trial are made in civil or criminal cases. The judge of said court shall have power to hear and determine all cases in which there is no demand for jury as hereinbefore provided. All cases in which a jury is required, whether civil or criminal, shall stand for trial at any monthly or quarterly term of said court, for which a jury has been drawn; provided that civil cases requiring a jury shall stand for trial at the monthly or quarterly term following the appearance or return term in which said case or cases may have been field. Section 15 as amended. Sec. 2. Be it further enacted that section 28 of said Act be, and the same is, hereby altered and amended by striking the word each in the second line of said section and enacting and adding in lieu thereof the words any monthly or and by adding after the word next in the fourth line of said section the words monthly or, so that said section so amended shall read as follows: Drawing juries. Section 28. Be it further enacted, that during the session of said city court at any monthly or quarterly term, in open court, the judge of said court shall draw from said box Number 1, eighteen jurors to serve as jurors at the next monthly or quarterly term of said city court, and shall cause the clerk to record the names so drawn, and then place them in another box, to be provided as stated, number two. The judge of said city court for the first quarterly term held under this Act may draw a jury in the same manner herein provided as soon as he is appointed and qualified, and have them served five days before said term, but this shall not apply to any other term of said court. Said box shall be kept as similar box is kept for the Superior

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Court, and all laws with reference to the drawing, selecting and summoning traverse and tales jurors in the Superior Court, not inconsistent with the provisions of the Act, shall apply to the said city court, except that the sheriff shall be paid ten dollars for summoning said jurors. Sec. 28 as amended. Sec. 3. Be it further enacted by the authority aforesaid, that section 4 of the aforesaid Act of 1905, as amended by the Act of 1906, be and the same is hereby amended as follows: By striking after the word salary in the twelfth line of said section 4 as amended in the Act of 1906, the following words and language to be fixed by the grand jury of Lee County, which shall not be increased or diminished during his term of office except to apply to a subsequent term, and enacting in lieu thereof the following: and the said judge of said city court shall receive as his salary the sum of sixty-two and 50/100 ($62.50) dollars per month which amount is hereby fixed as a minimum salary for said judge of said City Court of Leesburg; and it is hereby further enacted that the Commissioners of Roads and Revenues of Lee County Georgia may increase the said salary of said judge of the City Court of Leesburg, when, in their opinion, conditions warrant the said increase, and after increasing said salary, said commissioners may decrease the same, when, in their opinion, conditions warrant a decrease, but said judge's salary shall not be increased to more than one hundred and twenty-five ($125.00) dollars per month nor shall it be decreased to less than sixty-two and 50/100 ($62.50) dollars per month, so that said section, when amended shall read as follows: Judge's salary; limit. Section 4. Be it enacted by the authority aforesaid, that there shall be a judge of said City Court of Leesburg, who shall be elected by the qualified voters of the County of Lee, whose term of office shall be four years, commencing from the first day of January 1910, and until his successor is elected and qualified; and if a vacancy should occur in the office of judge, the Governor shall by appointment, fill the same until the next general election for county officers, when a judge shall be elected to fill the unexpired

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term; which election and all elections for judges, whether for regular or unexpired terms, shall be held under the same rules as govern elections for county officers. The judge of said City Court of Leesburg shall receive a salary, and the said judge of said city court shall receive as his salary the sum of sixty-two and 50/100 ($62.50) dollars per month, which amount is hereby fixed as a minimum salary for said judge of said City Court of Leesburg; and it is hereby further enacted that the Commissioners of Roads and Revenues of Lee County, Georgia may increase the said salary of said judge of the City Court of Leesburg, when, in their opinion, conditions warrant the said increase, and after increasing said salary, said Commissioners may decrease the same, when, in their opinion, conditions warrant a decrease, but said judge's salary shall not be increased to more than one hundred and twenty-five ($125.00) dollars per month, nor shall it be decreased to less than sixty-two and 50/100 ($62.50) dollars per month; and said salary shall be paid monthly, out of the treasury of the County of Lee by the person or persons charged by law with the paying out of the money of Lee County. Sec. 4 as amended. Sec. 4. 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 20, 1935. MACON CITY COURT ACTS AMENDED. No. 138. An Act to amend An Act to establish the City Court of Macon in and for the County of Bibb; to define its jurisdiction and powers; and provide for the appointment of a judge, and the other officers thereof, and for other purposes, approved August 14, 1885, and the Acts amendatory thereof, approved August 16, 1915, July 24, 1920, August 10, 1921, August 21, 1925, August 15, 1929, March 10, 1933, and all other Acts amendatory thereof, by providing

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that the terms of the clerk of said court and of the deputy clerk of said court shall be during the pleasure of the judge of said court; and by providing for the fixing of the compensation of all officers of said court, upon a fiscal or calendar year basis; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, effective Jan. 1, 1937, so that said Act shall not become effective on the passage of this Act, but shall become effective Jan. 1, 1937, section 7 of the Act creating the City Court of Macon, approved August 14, 1885, as amended by subsequent Acts, be amended by striking section 7 thereof, as the same is amended, in its entirely, and substituting in lieu thereof another section, to be known as section 7, which shall read as follows: Section 7. Be it further enacted that there shall be a clerk of said court, who shall be appointed by the judge thereof. Said clerk shall, before entering upon the duties of this office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of $3,000.00 conditioned to account for all money which may come into his hands as clerk, and for the faithful discharge of the duties of his office. He shall hold his office during the pleasure of the judge of said court. Said clerk shall receive, in lieu of fees in both civil and criminal cases, a salary to be fixed annually, on either a calendar or fiscal year basis, by the County Board of Commissioners of Bibb County, to be paid monthly out of the treasury of Bibb County by the person or persons charged by law with paying out the money of said county. The judge of said court shall have the power to appoint a deputy clerk of said court, who shall serve during the pleasure of said judge. Said deputy clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties, of his office, which oath shall be entered on the book of

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minutes of said court. He shall also, before entering upon the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of $3,000.00, conditioned to account for all money which may come into his hands as deputy clerk and for the faithful discharge of the duties of his office. The compensation of said deputy clerk shall be fixed annually, on either a calendar or fiscal year basis, by the County Board of Commissioners of Bibb County, to be paid as the salary of said clerk is paid. Appointments of a deputy clerk heretofore made by the clerk of the city court are hereby terminated. Act effective Jan. 1, 1937. New section 7. Clerk's appointment term, pay, etc. Sec. 2. Be it further enacted by the authority aforesaid, that the compensation of all other officers of said court, to wit: the judge, solicitor, criminal bailiff appointed by said solicitor with the approval of the judge, and the court reporter of said court, shall be fixed in like manner as that of the clerk of said court and paid as the salary of said clerk is paid; provided the salaries already fixed by said Board of County Commissioners for all of said officers shall continue through August 31, 1935, the end of the present fiscal year of said county. Pay of other officers of court. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. MACON MUNICIPAL COURT PRACTICE. No. 144. An Act to amend the Act approved August 16, 1913 (Georgia Laws, 1913, pages 252-266), creating a Municipal Court of the City of Macon and Acts amendatory thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 26 of the act approved August 16,

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1913 (Georgia Laws, 1913, page 262), be amended by adding thereto a paragraph to be numbered paragraph (e) and to read as follows: (e) Be it further enacted by the authority aforesaid that in all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs is more than $50.00, an appeal shall lie by writ of error to the Court of Appeals of Georgia or Supreme Court from the judgment, order or ruling of said Municipal Court in the same manner judgments, orders and rulings of the Superior Court are now reviewed; provided, however, that the bill of exceptions shall be tendered within thirty days of the judgment, order, or ruling complained of, and certified and field within ten additional days. Exceptions pendente lite shall be presented, certified, and ordered filed within thirty days from the rendition of the judgment, order, or ruling complained of. The entire costs for recording and copying bills of exceptions to the Court of Appeals or Supreme Court shall be $7.50. Provided further, that the procedure and method of review and appeal as provided for in this Act shall not be exclusive, but shall be cumulative, and nothing herein contained shall be construed to abolish the writ of certiorari. Writ of error. Sec. 2. Be it further enacted by the authority aforesaid, that section 26 of said original act be amended by adding thereto a paragraph to be numbered paragraph (f), and to read as follows: (f) When a judgment has been rendered, either party may move in arrest thereof, for any defect not amendable which appears on the face of the record or pleading within twenty days from the rendition of such judgment. Motion in arrest of judgment. Sec. 3. 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 15, 1935.

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MACON MUNICIPAL COURT SALE DAY. No. 251. An Act to amend an Act establishing the Municipal Court, City of Macon, approved August 16, 1913 (Acts 1913, page 252), and Acts amendatory thereof, so as to change the date of sheriffs' sales; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that section twenty-eight of the Act creating the Municipal Court, City of Macon, approved August 16, 1913, be and the same is hereby amended by striking the word Monday in the fifth line of said section and inserting in lieu thereof the word Friday, thereby changing the sale days in said court from Monday to Friday, so that when amended said section shall read as follows: Section 28. Be it further enacted by the authority aforesaid, that all sales of personal property levied upon in the County of Bibb under process from said municipal court shall take place before the courthouse door during the legal hours of sale, at public outcry, on the Friday next following ten days advertisement by notice posted before the court-house door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales to be conducted by the sheriff of said court or his deputy; provided, that sales of perishable property and sales on the premises may be made as provided by law; and provided further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate. Sale day Friday, instead of Monday. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935.

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MILLER COUNTY CITY COURT ACT REPEALED. No. 70. An Act to repeal An Act to establish the city court in and for the County of Miller, to provide for the election and qualification of the judge and solicitor of said court, to define the powers and duties of the judge and solicitor of said court; and for other purposes, which Act was approved on August 8, 1908, and found in the Acts for that year, pages 180-194, both inclusive, together with all acts amendatory thereof and thereto, and to provide for the disposition of matters and suits pending in said city court, and all processes, papers, fi. fas. and other papers therein pending; and for other purposes. Section 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 above-recited Act with all Acts amendatory thereof and thereto be and the same is hereby repealed, and the City Court of Miller County, established under the laws of Georgia, for the year 1908, pages 180-194, both inclusive, with all acts amendatory thereof and thereto, is hereby abolished. Repeal of city court Act. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all mesne and final process from the City Court of Miller County, Georgia, which had not been executed at the time this Act takes effect, shall be returnable to the City Court of Miller County, Georgia, established under the Act of 1935, and all suits, papers, claims, illegalities, books, fi. fas. and all undisposed of matters pending in said court shall be returnable as though such process had issued from the original City Court of Miller County, established under Act of 1935. Return of process to new city court. Sec. 3. Be it further enacted by the authority aforesaid, that all dockets, minutes, records, books, and papers of the City Court of Miller County, Georgia, established under the Acts of 1908, and approved August 8, 1908, shall be turned over to the clerk of the City Court of Miller County, established under the laws of 1935. Transfer of records.

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Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935. MILLER COUNTY CITY COURT ESTABLISHED. No. 75. An Act to establish a city court in and for the County of Miller, to provide for the election and qualification of the judge and solicitor of said court, to define the powers and duties of the judge and solicitor of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the City Court of Miller County be, and the same is, hereby created and established, to be organized, located, and held in the City of Colquitt, Miller County, Georgia, with civil and criminal jurisdiction over the whole County of Miller, concurrent with the superior court to try and dispose of all civil cases of whatever nature wherein the amount claimed or involved, inclusive of interest, is as much as fifty dollars, except those of which the Constitution of this State has given the superior court exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Miller; that the jurisdiction herein conferred shall include not only the ordinary suits by petition and process, but also all other kinds of suits and proceedings which now or hereafter may be in use in the superior courts, either under the common law or statute, including among others, attachment and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings, intruders and tenants holding over, petitions of personalty, issues upon distress warrants, foreclosures of all liens and mortgages and quo warranto. New city court of Miller county established. Jurisdiction.

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Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said City Court of Miller County shall have jurisdiction of all suits, regardless of the amount involved or claimed therein, brought to recover personal property or involving the title to personalty; and any and all provisions in this Act limiting the jurisdiction of said court in civil cases as involve not less than fifty dollars shall not affect or apply to suits brought to recover personal property or involving the title to personalty. Jurisdiction. Sec. 3. Be it further enacted by the authority aforesaid, that for his services in said court the fees of the solicitor shall be as follows: For every case finally disposed of in said court, founded upon accusations, ten ($10.00) dollars; for every indictment or special presentment finally disposed of in said court, ten ($10.00) dollars, and for all services for which this section does not provide, he shall receive the same fees as are allowed by law to the solicitor-general for similar services in the superior court, provided however, that said solicitor shall receive no fee at all unless there is a plea of guilty or a conviction and said solicitor shall not receive nor be entitled to any fees where an accusation, special presentment, or indictment is nolle prosequi, unless such cost is paid by the defendant. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, except as hereinafter provided. In the absence or disqualification, or illness of said solicitor, the city court judge shall appoint a solicitor pro tem., who shall receive the same fees as are allowed the regularly elected solicitor of said court. Solicitor's fees. Sec. 4. Be it further enacted by the authority aforesaid, that it shall be the duty of the solicitor of said court to represent the State in the Supreme Court or Appellate Court on all writs of error from said city court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar service. Solicitor's fees in appellate courts. Sec. 5. Be it further enacted by the authority aforesaid, that the clerk of the superior court of Miller County, Georgia

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shall, by virtue of his office, be clerk of said city court, and shall perform in said city court the same duties as by law are required as an officer of the superior court, so far as the same does not conflict with the provisions of this Act. Before entering upon his duties the said clerk shall execute a bond in the sum of one thousand dollars, payable to the Governor, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of the said court, and entered on the minutes thereof, and which bond may be sued on by any person interested. In the event the clerk of the superior court shall fail to qualify or to execute said bond, the judge of the said city court is hereby authorized to appoint a clerk for said court. Clerk of court. Bond. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the sheriff of Miller County shall, by virtue of his office, be sheriff of said court. Before entering on the discharge of the duties of his office he shall execute a bond, with good security, payable to the Governor in the sum of two thousand ($2,000.00) dollars, conditioned for the faithful discharge of the duties of his office, which bond shall be approved by the judge of said city court and entered on the minutes thereof, and which said bond may be sued on by any person interested. In the event the sheriff of Miller County shall fail to qualify as sheriff of the city court, the judge of said court shall appoint a sheriff for said court. The sheriff of said court shall have power to appoint such deputies as the business of said court may require, who shall give such bonds as are required of other deputy sheriffs. Sheriff. Bond. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court of Miller County is empowered to exercise the same authority over the clerk and sheriff and deputy sheriffs of said court as may be exercised by the judge of the superior court over the clerk and sheriff and deputy sheriffs in the superior courts of said State. Judge's authority as to clerk and sheriff.

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Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the fees of the clerk and sheriff of said court shall be the same as are now or may hereafter be allowed by law to the clerk of the superior court and to the sheriff of the county, except as hereinafter provided. In criminal cases where no indictment has been found the clerk shall only receive four dollars for filing and docketing said accusation. In civil cases, including claim cases, illegalities, mortgage and lien fore-closures, and appeals where the principal amount claimed or involved does not exceed one hundred dollars, the cost of the clerk for the entire service shall be two dollars, exclusive fees for subpoening witnesses and recording proceedings on the minutes of the court and the sheriff's cost shall be two dollars for each copy delivered or served by him, exclusive of other fees allowed by law to the sheriffs of the State for similar services. For summoning juries for each term of said court, the sheriff shall receive the same fees as allowed to him for similar service in superior court, and for their attendance at said court the sheriff and clerks shall each receive the same per diem as are paid to them for similar service in the superior court. Fees of clerk and sheriff. Sec. 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court of Miller County, shall have authority to issue criminal warrants, warrants to disposses tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers, to take affidavits, and to issue any other writ, warrants, order or process, the power which is not given exclusively to some other court, judge or officer by the Constitution of this State, and said judge, solicitor, clerk, sheriff and deputies shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may in like cases do; said judge shall also have power to issue writs of habeas corpus, and hear and determine the same as judges of the superior court may do; to cause testimony to be taken to be used de bene esse, and for the purpose

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of perpetuating testimony within his jurisdiction, and generally to do all Acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act; and said judge of the City Court of Miller County shall have all power and authority throughout his jurisdiction of judges of the superior courts of this State, except where, by the Constitution, exclusive power and authority are vested in the judges of the superior court; and all laws relating to and governing judges of the superior courts shall apply to the judge of said city court so far as the same may be applicable, except as hereinafter provided. Powers judge. Sec. 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that suits in said court shall in all respects be conformable to the modes of proceeding in the superior court, except as herein provided, but the process to writs shall be annexed by the clerk of said city court, attested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Miller County, or his deputy, and all executions issuing from said court shall be attested in the name of the judge, and signed by the clerk, and directed to the sheriff or his deputy of the City Court of Miller County, and all and singular the sheriffs or their deputies of the State of Georgia. Procedure, process. Sec. 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that in all matters pertaining to service and pleading and practice and other legal procedure, the law governing in the superior court shall be applicable to said city court, unless otherwise provided in this Act. Laws as to superior court applicable. Sec. 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of said city court shall have power and authority to hear and determine all civil cases in which said court has jurisdiction, and to give judgment therein without the intervention of a jury; provided, that either party in any civil or criminal case pending in said court shall, upon demand, be

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entitled to a trial by jury, in all cases in which said parties may be entitled to a trial by jury under the Constitution and laws of the State. Trial without jury. Sec. 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that said court shall have jurisdiction of all claim cases where personal property is levied on under process from said court, which claim shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make issue, and it shall be unnecessary for the parties to tender and join issue in claim cases as is practiced in other courts. Claim cases Sec. 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws upon the subject of attachments and garnishments in the superior courts of this State shall apply to said city court so far as the nature of the city court will admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the superior court, and all attachments returnable to the City Court of Miller County shall be directed to the sheriff of the City Court of Miller County and to all and singular the sheriffs and constables of this State and may be served by the sheriff of the city court, or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments, garnishments. Sec. 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the garnishment proceeding in the city court shall be conformable to the laws on the subject applicable to the superior court. Sec. 16. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Making parties.

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Sec. 17. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the general laws of this State with regard to the commencement of suits in the superior courts, defenses, set-offs, affidavits of illegality, arbitrations, and all other legal procedure, examination of witnesses by interrogatories, deposition or otherwise, witnesses and their attendance, continuance, motions for new trial, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of the city court, shall be applicable to said city court, unless otherwise provided. General laws applicable. Sec. 18. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of same, that said City Court of Miller County shall be a court of record, and shall have a seal, and the minutes, dockets, records, and other books and files that are required by law to be kept for the superior court shall be kept in and for the said city court, and in the same manner; and all laws applicable to the duty of the clerk and sheriff of the superior court shall apply to them in the said city court, except where they conflict with the provisions of this Act. Records, seal. Sec. 19. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws regulating the enforcement of the judgments of the superior court, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales had thereunder under the same rules and laws regulating the same in the superior court. Judgments, executions. Sec. 20. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court of Miller County shall have power to enforce his orders, preserve order, punish for contempt and to enforce all of his judgments in the same manner as judges of the superior court. Contempts. Sec. 21. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the traverse jurors in the City Court of Miller County shall be

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procured in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse jury box of the Superior Court, and shall write upon separate pieces of paper the name of each person upon the grand jury and petit jury list of the Superior Court of Miller County, and shall place said names in the city court jury box, from which shall be drawn the traverse jurors in the city court. All laws with reference to the drawing and summoning and impaneling traverse jurors in the Superior Court shall apply to the City Court of Miller County; provided, that the number of jurors so drawn shall be twenty-four instead of thirty-six, as provided for in the superior courts; and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay as jurors in the superior courts; and shall be paid in the following manner; the solicitor of said city court shall make out a cost bill at the expiration of each quarterly term of said court for each and every cases disposed of in said court, and shall have the same approved by the judge of said court and placed on the minutes thereof; and after paying the officers of said court the fees allowed by law, shall turn over to the county treasurer the remainder of said fund to be credited to the fine and forfeiture fund of said court. The county treasurer shall pay the jurors from said fund in his hand; provided, that if at any time, said fund proves inadequate or shall be insufficient for that purpose, then he shall pay said jurors out of the county treasury and charge the amount taken from the treasury to said fine and forfeiture fund, and the county treasurer shall be reimbursed out of the first funds paid into said fine and forfeiture fund of said court. Juries. Sec. 22. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws with reference to the disqualification, impaneling, challenging, fining, or in any wise relative to jurors, now in force or hereafter to be enacted, regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act.

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In all cases where issues are to be tried by a jury, the parties shall be entitled to twenty-four jurors from which to strike. In all civil cases each party shall be entitled to six peremptory challenges, and in criminal cases the defendant shall be entitled to seven peremptory challenges and the State five, and all laws and rules governing the selection of jurors in the superior court shall apply to the city court, unless otherwise provided in this Act. Same. Selection of jurors. Sec. 23. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that defendants in the criminal cases in said City Court of Miller County may be tried on written accusation, framed and signed by the solicitor of the city court. No person charged with an offence within the jurisdiction of said city court shall have the right to demand indictment by the grand jury of Miller County before trial. Accusations. Sec. 24. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that if, after hearing the evidence on any trial, it shall appear to the court that the offense is beyond the jurisdiction thereof, the trial shall be discontinued, and the accused committed or bound over to the next superior court, according to the law of bail and commitment, and the proceeding shall be transmitted to the superior court. Transfer of cases. Sec. 25. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the superior court may send down from the superior court of Miller County to said city court for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order transmitting such cases shall be entered on the minutes of both said courts; provided, this section shall not apply to those presentments or indictments under which no arrests have been made or those under which arrests have been made and the bond of defendant forfeited. Same.

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Sec. 26. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the city court may, in his discretion, pass an order transferring to the superior court of Miller County for trial any criminal cases in which said judge may be disqualified, the order so transferring the same to be entered on the minutes of both courts. Same. Sec. 27. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of said court shall have the same power to appoint bailiffs at any term of the court that the judges of the superior courts have. Bailiffs. Sec. 28. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the first term of said court to which a case is brought shall be the appearance term, and the next term thereafter shall be the judgment or trial term, and all laws, rules, and practice in the superior courts with reference to the terms thereof shall apply to the City Court of Miller County, unless otherwise provided in this Act; provided, that all civil cases in said court, where the principal sum claime or involved does not exceed one hundred dollars, shall be triable at the first term after service has been duly had on the defendant, and shall then be heard and determined, unless continued in the manner provided by law; and in such cases should no defense or plea be filed on the first day of the first term, or should such defense or plea be stricken by the court, a judgment may be rendered by the court or verdict taken, as the case may require, for the plaintiff on any succeeding day of said term upon the call of said case in open court. Trial term. Sec. 29. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that whenever the judge of said city court, for any case, is disqualified from presiding in any case, and the judge of the superior court shall fail to preside in said court as provided in the Constitution of this State, or is not present when said case is called on the docket, then, upon consent of parties, or upon their failure or refusal to agree, said cause may be tried

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by a judge pro hac vice, selected in the same manner as now provided for in the superior court. Judge pro hac vice. Sec. 30. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the ordinary or county commissioners of said county may work the convicts convicted in said county on the public highway and public works or buildings of said Miller County, under and subject to the rules and regulations governing the working of misdemeanor convicts in the State of Georgia, and for each and every convict convicted in said county and who goes upon the public highway of said county as aforesaid or upon the public highway, public works or buildings, or chain-gang of any other county in case Miller County, Georgia, does not maintain a chain-gang or convict camp, the county treasury shall pay to the officers of said city court the cost of his conviction in said court out of county funds. Convicts. Sec. 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the ordinary of Miller County, or other proper authorities, shall provide the necessary books for keeping the dockets, minutes and records of said city court, and all other books and stationery necessary to run said city court, and that said city court shall be held in the court-house of Miller County, or such other place in the City of Colquitt as the superior court of said county may be held. Record books. Sec. 32. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the several justices of the peace of the County of Miller in admitting defendants to bail in misdemeanor cases, and all other officers or parties taking bond for the appearance of any defendant who stands charged with a misdemeanor, shall make the same returnable to the next term of the City Court of Miller County, Georgia. Bail. Sec. 33. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that upon the failure of the defendant to appear and answer to any

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charge he may stand accused of in said city court at the time named in the bond, said bond shall be forfeited under the same rules and regulations as bonds are now forfeited in the superior court, and the order of forfeiture and scire facias shall issue on said day of non-appearance, and the fees of the officers of said court in such cases shall be the same as are allowed by law to officers of the superior court for like service, and the subsequent proceedings shall be the same as now prescribed by law. Forfeiture of bond. Sec. 34. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that there shall be a judge of said court, who shall be elected by the qualified voters of Miller County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, provided, however, that C. C. Bush is hereby named and appointed as judge of said court to serve until midnight, December 31, 1936. The judge of said city court shall be elected at the next election held in and for Miller County, Georgia, for the election of other county officers and the judge of said city court shall receive a salary of six hundred ($600.00) dollars per annum, which salary shall not be diminished during his term of office. The judge of said city court shall hold his office for the term of four years, beginning on January 1, 1937, except the judge herein appointed as judge of said court who shall hold office for such time as herein specified. The salary of said judge shall be paid monthly by the treasurer of Miller County and it shall be the duty of the ordinary of said county or other proper authority controlling county matters to make provision annually for levying the taxes for this purpose. Said judge shall receive no other compensation for his services, but may practice law in any of the courts of this State except the City Courts of Miller County. Judge; election, salary, term. Sec. 35. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that no one shall be eligible to the office of said judgeship unless he be at the time of his election at least twenty-six years of age, and a resident of Miller County for four years immediately

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proceding his election, and shall have practiced law five years before his election. He shall before entering upon the duties of his office take and subscribe the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equal right to the rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of the City Court of Miller County, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be field in the Executive Department of this State. Eligibility of judge. Oath. Sec. 36. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that there shall be a solicitor of the City Court of Miller County elected under the same rules and manner and at the same time and place as the judge of the City Court of Miller County is elected, as prescribed in section 34 of this Act, provided, however, that S. M. Watson be and he is hereby named and appointed as solicitor of said city court to serve as such until midnight, December 31, 1936. The solicitor of said city court shall be at least twenty-one years of age and shall be a resident of Miller County for two years immediately preceding his election, and shall have practiced law two years immediately preceding his election. Said solicitor before entering upon the duties of his office shall give bond with good security, payable to the Governor of the State of Georgia, and his successors in office, in the sum of one thousand ($1,000.00) dollars conditioned for the faithful discharge of the duties of his office and shall take and subscribe the following oath: I do solemnly swear that I will support and maintain the Constitution of the State of Georgia, and that I will faithfully and impartially, without fear, favor, or affection, discharge my duties as solicitor of the City Court of Miller County, so help me God, which oath shall be filed with the clerk of the City Court of Miller County, and recorded on the minutes of said court. Solicitor, Qualifications, bond, oath.

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Sec. 37. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge and solicitor of the city court shall hold their office for a term of four years, beginning on January 1, 1937, and the judge and solicitor of said court, who have been heretofore appointed as judge and solicitor of this court in this Act shall serve as such officers as heretofore provided until midnight December 31, 1936. Term of judge and solicitor. Sec. 38. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the said city court shall be opened in the court-house in the City of Colquitt on Monday morning of each week for the transaction of criminal business without a jury, and no judicial business shall be transacted at any other place except in the court-house in Miller County after the court has been formally opened by the sheriff or deputy sheriff of said court, or bailiff, appointed by the judge of said court. Place of holding court. Sec. 39. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the regular terms of the said court of Miller County shall be held quarterly, beginning on the second Monday in March, June, September, and December of each year. The judge of said court shall have power to hold said court in session at each term thereof as long as the business of said court demands it, and to adjourn said court over from day to day. Terms of court. Sec. 40. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all civil and criminal cases pending in said court in which a jury is demanded by either party, a jury trial shall be had at the term of said court at which time the demand is made, by a jury of twelve men. All civil cases, as well as criminal cases, in which no jury is demanded by either party, shall be tried by the court without a jury. If at any time a plaintiff or defendant should demand a trial by jury, and no jury shall then be in attendance on the court, the case shall be continued until the next regular term of said court at which time said case shall stand ready for trial, and shall be tried unless continued according to law. Jury trials.

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Sec. 41. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the judge of the City Court of Miller County shall have power to hear and grant motions for new trials in all cases tried in said court upon the same terms and conditions, and under the same rules and law regulating and governing the granting of new trials by the judges of the superior courts of this State. All rules of pleading, practice, and procedure governing motions for new trials in the superior courts of Georgia, shall apply and govern the same in said city court. New trials. Sec. 42. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all civil and criminal cases pending and undisposed of in the City Court of Miller County, Georgia, established under the Acts of 1908, and approved August 8, 1908, shall be and they are hereby transferred to the City Court of Miller County, created under this Act, and the same shall be placed upon the proper docket in said city court. All final and other processes in the hands of the sheriff, bailiffs, or other officers of the city court created under the Acts of 1908, pages 180-194, both inclusive, which are made returnable to the city court created under said Act, shall be, by said officers, returned to the city court created under this Act. The judge and other officers of said city court shall have power and authority to issue and enforce in the name of said court, created under this Act, any and all processes in any case from the city court created under the Act of 1908, to the final disposition of the same, which from any cause has not been issued and enforced by the officers of the City Court of Miller County created under the Act of 1908, approved August 8, 1908. All records, books, papers, fi. fas., executions, judgments, and any other paper or papers, or documents of file in the City Court of Miller County created under the Act of 1908, above referred to, shall be filed and deposited with the clerk of the city court created under this Act: All fi. fas. and final processes not satisfied now in the hands of the sheriff or other officer of the city court of said county, created under the Act of 1908, above referred to,

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shall be levied and enforced by the sheriff of the city court of Miller County created under this Act, and return thereof made in said city court. Transfer of pending cases. Sec. 43. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that this Act shall take effect instanter. Act effective when. Sec. 44. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935. SWAINSBORO CITY COURT SOLICITOR. NO. 45. An Act to amend an Act entitled An Act to establish the City Court of Swainsboro, in and for the County of Emanuel; to define its jurisdiction and powers; to provide for the election of the judge and solicitor thereof, and define their powers and duties, and provide for thei compensation; to provide for a clerk and a sheriff thereof, and prescribe their duties and fees; to provide for a pleading and practice and new trials therein, and writs of error therefrom; and for other purposes, by changing the minimum age of the solicitor from twenty-five (25) years to twenty-one (21) years. Section 1. 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 eight (8) of the above-recited Act, approved August 1, 1916, be and the same is hereby amended as follows: by striking out the word twenty-five in the twentieth (20th) line of said section, and substituting thereof the word twenty-one, so that said section when amended shall read as follows: Section 8. Be it further enacted, that there shall be a solicitor of the said City Court of Swainsboro, who shall be elected by the qualified voters

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of Emanuel County on Tuesday after the first Monday in November of the year 1916, for a term of four years from the first of January, 1917, and at the general election for state and county officers to be held each fourth year thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified; and provided, that all vacancies in the office of solicitor which may occur by death, resignation, removal, or otherwise, shall be filled in the same manner as vacancies in the office of judge of said court are filled. The solicitor of the said City Court of Swainsboro shall receive a salary of one thousand dollars per annum, which shall not be increased or diminished during his term of office, and shall be paid monthly out of the treasury of the County of Emanuel by the person or persons charged by law with the paying out of the money of Emanuel County. No person shall be eligible to the office of solicitor of said city court who is not twenty-one years of age, and who has not resided in said county for one year before his qualification and who has not been a practicing attorney at law for two years next preceding his qualification. Be it further enacted by the authority of the same, that all laws and parts of laws in conflict with this Act be and the same are repealed. Minimum age of solicitor, 21 years. Approved February 26, 1935. SYLVANIA CITY COURT ACT AMENDED. NO. 211. 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 March 17th, 1933, as found in Georgia Laws of 1933 commencing on page 364 and ending on page 366; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to amend an Act to establish the City Court of Sylvania in and for the County of Screven, approved December 15th, 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 March 17th, 1933, as found in Georgia Laws of 1933, commencing on page 364 and ending on page 366, be amended by striking from section 1, page 364 et seq. of said Act as thereby amended the following words: 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 encumbents, 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 the 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 which said judge and solicitor shall be elected in said special election shall be from the expiration of the terms of the present encumbents until January 1, 1933. Their successors shall be elected in the general election to be held for county officers in 1932. And also: 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 of 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 said salaries, that the minimum salary herein provided for both judge and solicitor shall be paid, and inserting in lieu thereof

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the following: The judge of said city court shall receive a salary of eighteen hundred ($1800.00) dollars per annum, and the solicitor of said city court shall receive a salary of twelve hundred ($1200.00) dollars per annum, which salaries shall be paid monthly out of the treasury of Screven County. It shall be the duty of the officers of Screven County charged with the duty of levying taxes to provide for the payment of said officers' salaries. The successors of the present judge and solicitor of said court shall be elected hereafter at the same time that other county officers are elected. 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 occurs, and said ordinary shall call an election to be held within thirty days from the time of such vacancy. All officers elected under this act shall serve until their successors are elected and qualified, so that said selection when so amended shall read as follows: Election and salary of Judge and solicitor of city court. Section 1. 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. The judge of said City Court of Sylvania shall receive a salary of eighteen hundred ($1800.00) dollars per annum, and the solicitor of said court shall receive a salary of twelve hundred ($1200.00) per annum, which salareis shall be paid monthly out of the treasury of Screven County. It shall be the duty of the officers of Screven County charged with the duty of levying taxes to provide for the payment of said officers' salaries. The successors of the present judge and solicitor of said court shall be elected hereafter at the same time that other county officers are elected. 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 such vacancy occurs. All officers elected under this Act shall serve until their successors are elected and qualified to serve. Section as amended. Vacancy.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1935. SYLVESTER CITY COURT ACT AMENDED. NO. 122. 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 pleading and practice and new trials, and writs of error therefrom to the Court of Appeals, and for other purposes, approved August 8th, 1916 (Georgia Laws, 1916, pages 314 to 327, inclusive), and as amended by Act approved March 21st, 1933 (Georgia Laws, 1933, pages 367 to 378, inclusive), so as to change, revise, and further define the jurisdiction and powers of the said City Court of Sylvester, and the pleading, practice, and procedure therein; to change and define the qualifications, powers, and duties of the various officers of said court; to change, name, and prescribe the salaries, fees, and compensation of the officers thereof; to change and revise the method and manner of selecting, summoning, and impaneling the jurors and juries of the said court; to fix and prescribe the number of jurors to be used in the trial of cases in said court; to change, prescribe, and revise the terms for the holding of said court, and to provide for the holding of regular, adjourned, and special terms thereof; to prescribe and provide for manner and method for payment of the salaries, fees, and compensation of the officers of said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act,

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that 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 pleading and practice and new trials, and writs of error therefrom to the Court of Appeals, and for other purposes, approved August 8th, 1916, Georgia Laws, 1916, pages 314 to 327 inclusive, and as amended by Act approved March 21st, 1933, Georgia Laws, 1933, pages 367 to 378 inclusive, be and the same is hereby amended as follows: Sec. 2. That section 4 of said amending Act, and section 4 as enacted therein, is each hereby repealed and stricken, and the following section, to be known and designated as section 4 of said original Act, is hereby enacted and substituted in lieu thereof, to wit: Section 4. Be it further enacted by the authority aforesaid, that the judge of the said City Court of Sylvester, shall receive a salary of one hundred fifty ($150.00) dollars per month, due and payable on the first day of each calendar month out of the treasury of Worth County by the person or persons charged by law with the paying out the money of said county. Salary of judge of city court. Sec. 3. Be it further enacted, that section 5 of said amending Act, and section 5-A as enacted therein, be and each of same is hereby repealed and stricken, and the following section, to be known as section 5-A, is hereby enacted and substituted in lieu thereof, to wit: Section 5-A. The judge of said court shall not practice law in any of the courts of Worth County, except in the Court of Ordinary of said county in all matters of which said court has jurisdiction, and in the Superior Court of said county in all and such matters wherein the superior court has exclusive jurisdiction. Nothing herein contained shall prohibit said judge from the handling of any matters outside the courts, or the doing of a general office practice. Practice of law by judge.

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Sec. 4. That section 6 of said amending Act, and section 9 as enacted therein, be and each of same is hereby repealed and stricken, and the following section, to be known and designated as section 9 of said original Act is 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 receive a salary of one hundred ($100.00) dollars per month, due and payable on the first day of each calendar month out of the treasury of Worth County by the person or persons charged by law with the paying out the money of said county; said salary to be his full compensation, except such fees as he receives from the State for services rendered in the Court of Appeals in criminal cases appealed from said city court. Salary of solicitor. Sec. 5. Be it further enacted by the authority aforesaid, that section 7 of said amending Act, and section 14 as enacted therein, be and each is hereby repealed and stricken, and the following section, to be known and designated as section 14 of said original Act is hereby 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 receive in all civil business prosecuted in said city court the same fees and per diem as are allowed the clerks of the superior courts of this State, and his duties relating to the records of the said city court shall be the same as in the superior court; and the said clerk is hereby entitled to the same rights and remedies to enforce the collection of his fees and costs in civil cases in said city court, as the clerks of the superior courts of this State are now entitled to. Clerk's fees, duties. Sec. 6. Be it further enacted by the authority aforesaid, that section 8 of said amending Act, and section 15 as enacted therein, be and each of same is hereby repealed and stricken, and the following section, to be known and designated as section 15 of said original Act, is hereby enacted and substituted in lieu thereof, to wit:

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Section 15. Be it further enacted by the authority aforesaid, that the sheriff of the said City Court of Sylvester shall be entitled to and receive in all civil business prosecuted in said City Court of Sylvester, the same fees and per diem as are now paid to the sheriff's of the superior courts of this State; and the said sheriff is hereby entitled to the same rights and remedies to enforce the collection of his fees in civil cases in said court as are prescribed and given sheriff's of the superior courts of this State for the collection of their fees. Sheriff's fees. Sec. 7. Be it further enacted by the authority aforesaid, that section 9 of said amending Act, and each and all of sections 16, 17 and 18 as substituted and enacted therein, be and each of same is hereby repealed and stricken, and the following sections, to be known and designated, as sections 16, 17 and 18 of said original Act, are hereby enacted and substituted in lieu thereof, to wit: Section 16. Be it further enacted by the authority aforesaid, that all money paid into the City Court of Sylvester on account of criminal business prosecuted in said court, including all fines, forfeitures, costs or otherwise, shall by the collecting officer of said court be paid into the county treasury of said county. And for the purposes of this Act, the sheriff of said court is hereby made the collecting officer of said court, and shall collect all fines and moneys of every kind arising on account of same. Fines, costs, etc., to go to treasury. Sheriff to collect. Section 17. Be it further enacted by the authority aforesaid, that in all criminal cases settled upon the payment of costs, or nolle prosequi of a case upon the payment of cost, the costs shall be the same as in the superior courts of this State in similar cases, and shall be paid into the county treasury by the collecting officer of said court. Costs. Section 18. Be it further enacted by the authority aforesaid, that the clerk of the City Court of Sylvester shall receive as his compensation on account of the criminal business handled and prosecuted in said court, the same per diem and the actual fees or costs as are prescribed and allowed

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to clerk's of the superior courts of this State, for each case handled and disposed of in said court, the same to be paid out of the county treasury of said county by the person or persons charged with the paying out the said of county. Same. That the sheriff of the said City Court of Sylvester shall receive as his compensation on account of the criminal business handled and prosecuted in said court, the same per diem and the actual fees or costs as prescribed and allowed to sheriff's of the superior courts of this State, for each case handled and disposed of in said court, the same to be paid out of the county treasury of said county by the person or persons charged by law with the paying out of the money of said county. Such fees to be paid to said clerk and sheriff of said court on the first of each calendar month, as the other officers of said court are paid, for their services in all cases tried or disposed of during the preceding month, upon a statement to be rendered by them, approved by the court, setting forth the amount and in what cases due. Sec. 8. Be it further enacted by the authority aforesaid, that section 19 of said original Act be repealed and stricken, and that the following section to be known as section 19 of said original Act, be and is hereby enacted and substituted in lieu thereof, to wit: Section 19. Be it further enacted by the authority aforesaid, that there may be a reporter or stenographer of the City Court of Sylvester, to be appointed by the judge thereof, and said judge may, in his discretion, require any or all of the civil cases in said court reported upon the request of parties to either side, plaintiff or defendant, and the fees to such stenographer for reporting said cases shall be two-thirds the amount provided and allowed by law for reporting similar cases in the superior courts of this State, to be paid by the defendant and plaintiff equally. Said stenographer shall have the same rights as in the superior courts to enforce the payments of his fees. Said stenographer

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shall likewise report all criminal cases in said court which the judge thereof, in his discretion, may order or require to be reported, and shall receive for his services for reporting and transcribing the record in connection with the criminal business in the said city court, two-thirds of the amount provided and allowed by law for the stenographers or reporters in the superior courts of this State for same amount of work, and who shall be paid out of the treasury of said county in the same manner that the superior court reporters of the State are paid. Stenographer. Sec. 9. Be it further enacted by the authority aforesaid, that section 10 of said amending Act, and section 26, together with each of the sub-sections 1, 2, 3 and 4 thereunder, as substituted and enacted therein, be and same are hereby repealed and stricken, and the following section to be known as section 26 of said original Act is hereby enacted and substituted in lieu thereof, to wit: Section 26. Be it further enacted by the authority aforesaid, that the judge of the City Court of Sylvester, shall have the power and authority to hear and determine all civil and criminal cases, in which said court has jurisdiction, at any monthly term of said court, and to give judgment therein without the intervention of a jury; provided that either party in any civil or criminal case pending in said court upon demand shall be entitled to a trial by jury in all cases in which such parties would be entitled to a trial by jury under the Constitution and laws of this State, which demand may be made at any time before said case is called for trial, either orally or in writing, the entry of which shall be entered upon the docket by the judge. Judgment without jury. Sec. 10. Be it further enacted by the authority aforesaid, that section 38 of said original Act be repealed and stricken, and the following section to be known as section 38 of said original Act, be and is hereby enacted and substituted in lieu thereof, to wit: Section 38. Be it further enacted by the authority aforesaid, that twenty-four jurors, or as many as the judge may

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deem necessary, shall be drawn and summoned as in this Act provided, for each quarterly term of said court, and shall be impaneled in all cases, civil and criminal, and trial by a jury of twelve men shall be had in said court when so demanded. A jury shall be selected as follows: In civil cases each side to have six strikes, and in criminal cases the defendant to have seven strikes and the State five. And the judge of the said court shall have the right and power to summon as many jurors instanter as he may deem expedient and necessary. During each quarterly term of said court the presiding judge shall in open court draw from the jury box the names of twenty-four jurors, or as many as he may deem necessary, who shall compose the jury for the next quarterly term thereof, provided if from any cause the jury is not drawn at said quarterly term as aforesaid, the judge of said city court will draw same at a regular monthly term of the court. It is further provided, that should any quarterly term of said court, in the opinion of the judge thereof, require a session of more than one week, that said judge shall have the right and authority to summon, as above provided, a different panel of jurors for each week's session or to use the same jury for the entire term, as he may deem best. Selection of jurors. Sec. 11. Be it further enacted by the authority aforesaid, that the salaries and compensation of all officers and other court expense incident to the running of said city court as herein provided, shall be raised and provided in same manner as is the court expense in the superior court of said county, by the proper authorities of said county authorizing and providing for the collection of a tax with which to pay same in same manner in every respect as in the superior court. Tax to pay expenses. Sec. 12. Be it further enacted by the authority aforesaid, that should any section, or part thereof, of said original Act or of this Amended Act, be determined to be invalid or not enforceable for any reason, that same shall not affect any other part or portion thereof. Invalidity of part of Act, not affect other part.

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Sec. 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935. THOMASVILLE CITY COURT ACT AMENDED. NO. 76. An Act to amend an Act approved August 18, 1905, entitled: An Act to establish the City Court of Thomasville, in and for the County of Thomas; to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes, by providing that the judge of said court shall receive a salary of not less than $2000 per annum, and not more than $3000 per annum, to be fixed by the county commissioners of said county; to provide that the solicitor of said court shall receive a salary of not less than $1500 per annum and not more than $2000 per annum to be fixed by the county commissioners of said county; to repeal an Act approved August 9, 1909, relating to the compensation of the solicitor of said court; to repeal an Act approved July 28, 1921, providing for the fixing of the salary of the judge of said court, and an Act approved August 9, 1923, providing for the fixing of the salary of the solicitor of said court; to provide for the payment of fees into the county treasury; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved August 18, 1905, entitled An Act to establish the City Court of Thomasville, in and for the County of Thomas; to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes, be and the same is hereby amended by striking from section 12 thereof the following language: The said judge shall receive a salary

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of twelve hundred dollars per annum, which shall be paid monthly out of the treasury of Thomas County; said salary shall not be increased or diminished during his term of office, except to apply at a subsequent term, and inserting in lieu thereof the following language, to wit: The said judge shall receive a salary of not less than two thousand dollars per annum and not more than three thousand dollars per annum, which shall be fixed annually, within the foregoing limitations, by the County Commissioners of Thomas County at their first meeting in January of each year, and shall be paid monthly out of the treasury of Thomas County, so that said section 12, as amended, shall read as follows: Section 12. Be it further enacted by the authority aforesaid, that the judge of said court must be at least twenty-eight years of age; must have been a resident of the County of Thomas at least three years immediately preceding his election, and a practicing attorney at law at least five years before his election. Before entering upon the discharge of his duties, he shall take and subscribe to the following oath: I do solemnly swear that I will administer justice without respect to persons, and do equally right to the poor and the rich, and that I will faithfully and impartially discharge and perform my duties, which may be required of me as judge of the City Court of Thomasville, in the County of Thomas, of this State, according to the best of my ability and understanding, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God. Such oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge may practice law in any other court except the one provided for by this Act; he shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders; to issue distress warrants, and generally to do all acts which the judges of the county courts are generally authorized to do, unless otherwise provided in this Act. The said judge shall receive a salary of not less than two thousand dollars per annum and not more than three thousand dollars per annum, which shall be fixed annually, within the foregoing limitations,

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by the County Commissioners of Thomas County at their first meeting in January of each year, and shall be paid monthly out of the treasury of Thomas County. Said judge shall have the same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments, as is vested by law in the judges of the superior courts of this State. Salary of judge. Section as amended. Sec. 2. That said Act approved August 18, 1905, be and the same is hereby amended by striking from section 16 thereof the following language, to wit: The fees of the solicitor-general of the said city court shall be as follows: For every person prosecuted to trial or plea of guilty, ten dollars; for every case settled before a judgment, verdict or plea, five dollars; for every indictment or special presentment prosecuted to trial or plea of guilty, five dollars; same fee if settled or withdrawn, or abandoned before trial; for every case for the violating of the gambling laws of this State, twenty-five dollars; for representing the State in every case carried to the Supreme Court from said city court, fifteen dollars, and for all services for which this Act does not provide, he shall receive the same fees as are now allowed by law for the same service in the superior courts, and inserting in lieu thereof the following, to wit: The said solicitor-general shall receive a salary of not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum, which shall be fixed annually within the limitations prescribed herein, by the County Commissioners of Thomas County at their first meeting in January of each year, and shall be paid monthly from the county treasury of Thomas County, so that said section 16, as amended, shall read as follows: Section 16. Be it further enacted, that there shall be a solicitor-general of said City Court of Thomasville, who shall be elected by the qualified voters of the County of Thomas, at the next general election held in said county for the election of county officers in October, 1908, whose term of office shall be for four years, beginning on the first day of January, 1909. Said solicitor-general shall be commissioned by the Governor for a term of four years from his election and qualification.

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Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia, who shall appoint a solicitor-general of said city court to hold office until the first day of January next succeeding the next general election for county officers in said county, after the said vacancy occurs, at which election a successor shall be elected to fill the unexpired term, if any. Said solicitor-general shall be the prosecuting attorney of the said City Court of Thomasville; he must be at least twenty-five years old at the time of his election; must have been a resident of the County of Thomas for at least three years immediately preceding his election. He shall prosecute for all offenses cognizant before the court, and shall represent the State in all cases carried to the Supreme Court from said city court, but in his absence the judge may appoint a solicitor-general pro tem., who shall receive the same fees allowed to the solicitor-general in cases conducted by him. The said solicitor-general shall receive a salary of not less than fifteen hundred dollars per annum and not more than two thousand dollars per annum, which shall be fixed annually, within the limitations prescribed herein, by the County Commissioners of Thomas County at their first meeting in January of each year, and shall be paid monthly from the county treasury of Thomas County. Salary of solicitor. Section as amended. Sec. 3. That the Act approved August 9, 1909, entitled An Act to amend `An Act to establish the City Court of Thomasville, in and for the County of Thomas; to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and for other purposes', approved August 18, 1905, so as to change date of term and limit fees of solicitor-general, be and the same is hereby repealed. Repeal as to fees of solicitor. Sec. 4. That the Act approved July 28, 1931, entitled An Act to amend an Act, approved July 31, 1918, as found in Georgia Laws for 1918, commencing on page 343 and ending on page 345, entitled `An Act to amend an Act entitled an Act to establish the City Court of Thomasville,

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in and for the County of Thomas; to define its jurisdiction and powers, etc., approved August 18, 1905, as amended the Act approved August 6, 1912, so as to change and fix the salary of the judge of said court, and for other purposes', so that from and after the passage of this Act and until otherwise provided, the salary of the judge of said court shall be forty-five hundred dollars per annum, instead of, as provided by said Act of July 31, 1918, three thousand dollars, and for other purposes, be and the same is hereby repealed. Judge's salary. Sec. 5. That the Act approved August 9, 1923, entitled: An Act to amend an Act entitled `An Act to establish the City Court of Thomasville in and for the County of Thomas of said State. To define its jurisdiction and powers, etc. Approved August 18, 1905, as amended by an Act approved August 9, 1909,' so as to abolish the fees accruing to the office of solicitor-general in criminal cases in the City Court of Thomasville in this State, as provided by the said Act approved August 18, 1905, and the said Act approved August 9, 1909, and in lieu thereof to provide a salary for said officer; to provide for the payment of such salary and for the disposition of the fines and fees which under the two said Acts would accrue to the office of solicitor-general, in said city court, and to impose certain duties upon the judge of said court with reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to said office of solicitor-general under the aforesaid Acts of this State, be and the same is hereby repealed. Solicitor's fees. Sec. 6. The said solicitor-general of said city court shall collect and deduct from all fines, forfeitures and fees arising from the trial, disposition or institution of criminal prosecutions in said court the same fees which are allowed the solicitor-generals of the various judicial circuits by law for similar services, in the same way and manner as if such fees were allowed to him, and shall pay the same into the county treasury of Thomas County. Fees to go to treasury. Sec. 7. This Act shall become effective January 1, 1936.

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Sec. 8. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935. VALDOSTA CITY COURT CLERK. NO. 64. An Act to amend an Act approved December 11th, 1901, entitled An Act to establish the City Court of Valdosta, in and for the County of Lowndes; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor-general and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom; and for other purposes, so as to repeal the provisions contained in section 7 of said Act that the clerk of said court shall be appointed by the judge thereof, and that he shall hold his office during the term of four years and that the clerk of the Superior Court of Lowndes County shall be eligible to appointment to the office of clerk of City Court of Valdosta, and by substituting in lieu thereof, provisions as follows: That from and after the passage of this Act the clerk of the Superior Court of Lowndes County, Georgia, shall be ex-officio clerk of the City Court of Valdosta, and that he shall hold his office during his term as clerk of the Superior Court of Lowndes 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 on and after the passage of this Act, section 7 of an Act of the General Assembly of Georgia approved December 11th, 1901, and embodied in the Acts of 1901 of the General Assembly, which Act established the City Court of Valdosta in and for the County of Lowndes, defined its jurisdiction and powers, provided for the appointment of the judge, solicitor-general and other officer thereof, defining their powers and duties, provided for pleading and practice

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of new trials therein, and writs of error therefrom, and for other purposes, be and the same is hereby amended as follows: By striking the following words contained in the second line of said section 7 as follows: Who shall be appointed by the judge thereof, and by substituting in lieu thereof, the following words: The clerk of the Superior Court of Lowndes County, Georgia, shall be ex-officio clerk of the City Court of Valdosta; and by striking the following words as shown on lines nine and ten of said section, to wit: He shall hold his office during the term of four years, and by substituting in lieu thereof the following words: He shall hold his office during his term as clerk of the Superior Court of Lowndes County, Georgia; and by striking the last sentence in said section 7 which reads as follows: The clerk of the Superior Court of Lowndes County shall be eligible to appointment to the office of clerk of City Court of Valdosta; so that said section of said Act as now amended shall read as follows: Section 7. Be it further enacted that there shall be a clerk of the said court. The clerk of the Superior Court of Lowndes County shall be ex-officio clerk of the City Court of Valdosta: Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties of the office thereof, which oath shall be entered on the book of minutes of said court; he shall also, before entering upon the duties of his office, execute a bond with good and sufficient security in the sum of three thousand dollars for the faithful discharge of the duties of his office; he shall hold his office during his term as clerk of the Superior Court of Lowndes County, Georgia, and shall have power and authority to appoint a deputy clerk, with all powers of said clerk. Clerk of superior court to be clerk of city court. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 4, 1935.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Appling Commissioners' Election. Appling Sheriff's Bond Reduced. Atkinson Sheriff's Bond Reduced. Bacon Depository's Bond Reduced. Bacon Sheriff's Bond Reduced. Baker Commissioners' and Clerk's Pay. Barrow County Treasurer. Barrow Sheriff's Bond Reduced. Berrien Commissioners' Terms. Brooks Sheriff's Bond. Bryan Commissioners; Amending Act. Bryan Officers' Bonds. Bryan Tax-Commissioner. Butts Commissioners' Clerk's Salary. Candler Tax-Commissioner's Bond. Carroll Tax-Commissioner's Expenses. Chattahoochee Tax-Commissioner. Chattooga Purchases on Bids. Cherokee Sheriff's Salary and Expenses. Cherokee Sheriff's Bond. Clay Treasurer's Office Abolished. Receipt and Disbursement of Funds. Coffee Tax-Commissioner's Added Pay. Coffee Commissioners' Chairman's Salary. Colquitt County Tax-Collector. Colquitt County Tax-Receiver. Colquitt Tax-Commissioner's Office Abolished. Colquitt Tax Officers: Repealing Act. Coweta Tax-Commissioner's Salary. Dade County Tax-Commissioner. Dawson Commissioners: Repealing Act. Dawson County Commissioner; Referendum. Decatur County Commissioners. Dodge Commissioner's Added Power. Dodge Scrip or Warrants; How Drawn. Dodge Sheriff's Bond Reduced. Douglas Tax-Commissioner. Early Depository: Repealing Act. Early Treasurer's Salary. Echols County Officers' Bonds. Echols Voting Precinct Added. Elbert Sheriff's Bond: Amount. Evans Tax-Commissioner's Bond and Salary. Glynn County Board Abolished. Glynn County Commissioners: New Board. Glynn Tax-Commissioner: Act of 1933 Repealed. Glynn Tax-Commissioner. Grady Tax-Commissioner's Clerk. Hall Commissioners: Act Repealed. Hall Commissioners; Board Created. Haralson Commissioner and Clerk. Haralson Tax-Commissioner. Hart Commissioners: Act Repealed. Hart Commissioner's Office Created. Hart Tax-Commissioner. Irwin Commissioners; Amending Act. Irwin Tax-Commissioner. Jasper Board of Commissioners; Referendum. Jasper Tax-Commissioner; Referendum. Jasper Treasurer's Salary; Referendum. Jeff Davis Sheriff's Bond. Jeff Davis Tax-Commissioner. Jefferson Board Members; Referendum.

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Jones Sheriff's Bond Reduced. Liberty Commissioners; Act Repealed. Liberty Commissioners; Board Created. Macon Sheriff's Bond; Amount. Meriwether Treasurer's Salary Increased. Miller Sheriff's Bond; Amount. Monroe Tax-Commissioner's Compensation. Montgomery Board of Commissioners Created. Montgomery Commissioners; Act Repealed. Montgomery Tax-Commissioner. Morgan Board of Commissioners. Morgan Commissioner; Referendum. Morgan Liquor Law Repealed. Morgan Liquor Law Repealed. Murray Commissioners; Amending Act. Pickens Commissioner; Referendum. Pierce Commissioner's Residence. Pierce School Superintendent, Votes For. Pulaski Sheriff's Bond Reduced. Pulaski Treasurer's Bond Reduced. Putnam Sheriff's Bond Reduced. Randolph Commissioners; Act Repealed. Randolph Commissioners; Board Created. Randolph Commissioner; Referendum. Richmond Commissioners' Chairman. Screven Sheriff's Bond; Amount. Stephens Commissioners; Amending Act. Stephens Sheriff's Bond Reduced. Stephens Sheriff's Bond Reduced. Stewart Sheriff's Bond; Amount. Talbot Sheriff's Bond Reduced. Telfair Commissioner; Amending Act. Treutlen Board of Commissioners Created. Treutlen Sheriff's Bond Reduced. Treutlen Tax-Commissioner's Bond Premium. Twiggs Officers' Reports. Twiggs Tax-Commissioner. Union County Treasurer. Upson Commissioner, Clerk, and Attorney; Referendum. Upson Sheriff's Bond Reduced. Upson Tax-Commissioner. Walker Road Districts. Washington Commissioners; Amending Act. Washington County Council; Amending Act. Wilkes Depository; Amending Act. Wilkinson Sheriff's Bond Reduced. Worth Tax-Commissioner; Repealing Act. Worth Commissioners; Amending Act. APPLING COMMISSIONERS' ELECTION. No. 196. An Act to amend an Act approved July 29th, 1915, creating a Board of County Commissioners for Appling County, Georgia, and also to amend an Act amending the above referred to Act, which was approved under date of March 24th, 1933, pages 389 to 390; and for other purposes. Section 1. Be it further enacted by the General Assembly to Georgia, and is hereby enacted by authority of same, that the Act above referred to that was approved March 24th, 1933, pages 389 to 390, amending the Act approved July 29th, 1915, on page 143, is as follows: Provided, however,

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that the nomination and election of said commissioner shall be limited to the said districts designated, and not apply to said county as a whole. Sec. 2. Be it further enacted by the authority aforesaid, that said amendment referred to in section one of this Act, that same be and is hereby repealed, and said Act shall have no further force or effect. Repealed amendment. Sec. 3. Be it further enacted by authority aforesaid, that the Act approved July 29th, 1915, on page 143, section 5, of same, as worded in said Act aforesaid, be and the same is hereby re-enacted as appears on page 143 of said Act aforesaid mentioned in this section in its entirety, and be it further enacted by the authority aforesaid that the provisions of this Act does not deal with any other part or portion of the Act approved July 29th, 1915, and all other provisions of said Act shall remain of full force and effect. Re-enactment of provisions of Act of 1915. Sec. 4. Be it further enacted by authority aforesaid, that all laws and parts of laws that are in conflict with this Act be and they are hereby repealed. Approved March 20, 1935. APPLING SHERIFF'S BOND REDUCED. NO. 67. An Act to reduce the official bond of the sheriff of Appling County, Georgia, from ten thousand dollars to three thousand dollars; 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 amount of the official bond of the sheriff of Appling County, Georgia, be and the same is hereby reduced from ten thousand dollars to three thousand dollars. Sheriff's bond reduced to $3,000.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 4, 1935. ATKINSON SHERIFF'S BOND REDUCED. NO. 68. An Act to reduce the official bond of the sheriff of Atkinson County, Georgia, from ten thousand dollars to three thousand dollars; 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 amount of the official bond of the sheriff of Atkinson County, Georgia, be and the same is hereby reduced from ten thousand dollars to three thousand dollars. Sheriff's bond reduced to $3,000. Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 4, 1935. BACON DEPOSITORY'S BOND REDUCED. NO. 46. An Act to amend an Act entitled an Act to abolish the office of treasurer of Bacon County, Georgia, and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited and disbursed, etc., approved August 11, 1925, so as to reduce the amount of the bond to be given by the depository and disbursing agent and receiving and disbursing agent from twenty-five thousand dollars to fifteen thousand dollars; 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, the Act approved August 11, 1925, entitled an Act to abolish the office of treasurer of Bacon County, Georgia, and to provide in what manner all funds of said county realized from taxes and all other sources shall be received, deposited and disbursed, etc., be and the same is hereby amended by striking the words twenty-five where they appear in the fourth line of section four of said Act, and inserting in lieu thereof the word fifteen, and by striking the words twenty-five where they appear in the nineteenth line of section eight of said Act, and inserting in lieu thereof the word fifteen, so that said sections when amended will read fifteen thousand dollars instead of twenty-five thousand dollars; it being the intent of this Act to reduce the bond required of the depository and disbursing agent and receiving and disbursing agent under the terms of said original Act, from twenty-five thousand dollars to fifteen thousand dollars. Depository's bond reduced to $15,000. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1935. BACON SHERIFF'S BOND REDUCED. NO. 47. An Act to reduce the official bond of the sheriff of Bacon County from ten thousand dollars to five thousand dollars. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the amount of the official bond of the sheriff of Bacon County, Georgia, be and is hereby reduced from ten thousand dollars to five thousand dollars. Sheriff's bond reduced to $5,000.

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Sec. 2. Be it further enacted, that all laws and parts or laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1935. BAKER COMMISSIONERS' AND CLERK'S PAY. NO. 81. An Act to amend an Act approved August 8th, 1917, entitled An Act to create a Board of Commissioners of Roads and Revenues for Baker County; to define their powers and duties and prescribe their qualifications; to provide for their selection; the term for which they shall be selected, and for other purposes pertaining to county matters, as amended by an Act approved August 9th, 1924 (Acts 1924, pages 273 and 274), so as to provide for the salary and per diem for members of the Board of Commissioners of Roads and Revenues and the salary and per diem of the clerk of said Board of Commissioners of Roads and Revenues; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, that each member of said board shall receive ($5.00) for attendance at and upon each meeting of said board, whether said meeting be a regular monthly meeting or a special call meeting, to be paid monthly out of the treasury of said county, upon warrants regularly drawn by said board of commissioners, but in no case shall said county commissioners receive pay for more than three meetings in any one month. Pay of commissioner. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that all the provisions embraced in section (1) One of this Act are hereby made applicable to the ex-officio clerk of the Board of Commissioners of Roads and Revenues of Baker County, Georgia. Ex-officio clerk of board.

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Sec. 3. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict herewith and in conflict with this Act are hereby repealed. Approved March 7, 1935. BARROW COUNTY TREASURER. NO. 185. An Act to repeal an Act approved August 24, 1933, which abolished the office of county treasurer of Barrow County and provided for the selection of a depository for the funds of said county; to provide for the election of a county treasurer of Barrow County; to fix the salary of said treasurer and provide for his taking office; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 24, 1933, Georgia Laws 1933, pages 392 to 394, inclusive, which Act provides for the abolition of the office of county teasurer of Barrow County, and provides for the selection of a depository, be and the same is hereby repealed after the next general election. Repeal of Act as to county depository. Sec. 2. That the county treasurer of Barrow County shall be elected at the general election to be held in 1936, to serve for four years as provided by law. Election of treasurer. Sec. 3. That said county treasurer shall receive for his services the sum of $360.00 per annum, to be paid monthly, and shall perform all the duties and be subject to all the liabilities now required and imposed by law with reference to county treasurers of this State. Provided, that said county treasurer shall give a bond of $5,000.00 in some liability or indemnity company recognized by the Comptroller-general of Georgia, and the premium thereon shall be paid by the county. Pay of treasurer. Bond. Sec. 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1935.

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BARROW SHERIFF'S BOND REDUCED. No. 175. An Act to reduce the bond required of the sheriff of Barrow County from the sum of ten thousand ($10,000) dollars to the sum of five thousand ($5,000) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the bond required of the sheriff of Barrow County be and the same is hereby reduced from the sum of ten thousand ($10,000) dollars to the sum of five thousand ($5,000) dollars. Sheriff's bond reduced to $5,000. Sec. 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 19, 1935. BERRIEN COMMISSIONERS' TERMS. No. 157. An Act to amend an Act amendatory of an Act creating the board of commissioners of Berrien County, approved December 17, 1902, so as to lengthen the term of office of such commissioners from two to four years, when elected; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 1 of said Act be, and the same hereby is, amended in the following particulars: (a) By striking from said section the following phrase in the seventh line of said section, to wit, in October, 1904, and inserting in lieu thereof the following words, figures, and phrases: in the general election in 1936, and every four years thereafter. Four-year terms for commissioners. (b) By striking from said section the following words and phrases in the ninth and tenth lines of said section, to wit,

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and every two years thereafter, and shall hold their office for a term of two years, and inserting in lieu thereof the following words and phrases, to wit, and every four years thereafter, and shall hold their office for a term of four years, beginning with the expiration of the term of office of the present commissioners of said county, so that said section when so amended will read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act, said board of commissioners shall be composed of three freeholders of said county and qualified voters of said county and State. Said board of commissioners shall be elected at the regular election for county officers and members of the General Assembly in the general election in 1936, and every four years thereafter, and in the same manner and under the same rules of law governing the election of all county officers and every four years thereafter, and shall hold their office for a term of four years, beginning with the expiration of the term of office of the present commissioners of said county, and until their successors are elected and qualified; and said board shall perform all duties hereinafter prescribed, and in the event of the death, resignation or disability of any of the board or persons who may be elected, said vacancy or vacancies shall be filled by the remaining commissioners in office until other commissioner or commissioners are duly elected and qualified, which election shall take place at the next regular election for county officers. Section as amended. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935.

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BROOKS SHERIFF'S BOND. No. 7. An Act to fix the amount of the bond of the sheriff of Brooks County, Georgia, at $5,000.00; 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. From and after the passage of this Act the bond to be given by the sheriff of Brooks County, Georgia, to enable him to qualify shall be $5,000.00. Sheriff's Bond. $5,000. Sec. 2. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1935. BRYAN COMMISSIONERS; AMENDING ACT. No. 30. An Act to amend an Act, creating a Board of Commissioners of Roads and Revenues for the County of Bryan, approved July 19th, 1927, Georgia Laws, 1927, pages 505 to 510 inclusive, the purpose of this amendment to further define the duties, powers, requirements, jurisdiction, responsibilities and liabilities of the members of said board; to further provide for the election and selection of the members thereof; to eliminate and discard the office of the clerk of said board and in lieu thereof to make the ordinary of said county an ex-officio member of the board and the chairman and clerk thereof, with the rights, privileges, duties, and responsibilities to vote on all questions, when necessary, and to do and perform all other official duties, the same as the other members of said Board, and in addition thereto, to require said ordinary to keep a full and accurate record of all of the official transactions, actings, and doings of said board and discharging all other official duties formerly encumbent upon the clerk thereof, and providing for and limiting

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the amount of his compensation; providing for the election and selection of a purchasing agent for said county, prescribing, fixing, and defining his duties, powers, qualifications, and responsibilities, and denying and prohibiting any other member, or members, of said board, their agents, their servants, employees, copartners, and associates, the right, power, privilege, or authority, either directly, or indirectly, of buying, selling, bartering, or otherwise acquiring, or disposing of, for, to, on account and in behalf of, said County of Bryan any goods, chattels, wares, vouchers, county warrants, choses in action, lands, tenements, assets, and any and all other properties of each and every kind, and not specifically enumerated herein; providing, prescribing, and defining a method for the disposition and disbursement of all funds coming into the hands of said board for said county, and further providing for the summary removal from office of any member, or members, of said board violating any of the provisions of this Act as amended, and making such offending member, or members, subject to criminal prosecution therefor, and, if found guilty, fixing the penalty and punishment therefor as for a misdemeanor; and to repeal all laws and parts of laws in conflict with the provisions 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 thereof, that from and after the passage of this Act, an original Act approved July 19th, 1927, embodied in Georgia Laws of 1927, pages 505 to 510 inclusive, therein Numbered 32, and known as the Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan, shall be, and the same is hereby amended in the following manner, to wit: Section 1. (a) Of said original Act is amended by striking the word clerk from the sixteenth (16th) line of said section, and substituting in lieu thereof the words chairman and clerk, and by striking the comma after word thereof in the sixteenth (16th) line of said section

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one (1), and substituting in lieu thereof a period, and by striking the remaining part of said section one (1) in its entirety. Amendments. (b) Of said original Act is amended by adding at the end of said section the following: And that in all primaries, candidates seeking the nomination and election to membership on said board shall be voted for in the following manner, to wit: Candidates seeking the nomination in said primaries from District Number One (1) shall be voted for only by the qualified voters of the 19th G. M. District of said County of Bryan. Candidates seeking the nomination from District Number Two (2) shall be voted for only by the qualified voters of the twentieth (20th) G. M. District of said County of Bryan. Candidates seeking the nomination from District Number Three (3) shall be voted for only by the qualified voters of the Eleven Hundred and Thirty-seventh (1137th) G. M. District of said County of Bryan. Candidates seeking the nomination from District Number Four (4) shall be voted for only by the qualified voters of the Thirteen Hundred and Eightieth (1380th) G. M. District of said County of Bryan. Voters for commissioners. (c) Section 4 of said original Act is amended by adding at the end of said section the following sentence, to wit: The bond herein specified and required shall be signed by some reputable, legally qualified and solvent surety company, and the premium, or premiums, required therefor, to be paid for by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose. Bond of treasurer. (d) Section 6 of said original Act is amended by adding at the end of said section the following sentence, to wit: Provided, however, except as to the compensation of the chairman of said board, as herein provided for, the total compensation of the other members of said board shall in, no event exceed in amount the sum of one hundred and twenty ($120.00) dollars per annum for each memberthereof. Pay of members of board.

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(e) Section eight (8) of said original Act is amended by striking the word clerk in the third (3rd) line of said section, and substituting in lieu thereof the words chairman and clerk. Chairman and clerk. (f) Section 9 of said original Act is amended by striking the word clerk in the second (2nd) line of said section, and substituting in lieu thereof the words chairman and clerk. Same. (g) Section 12 of said original Act is amended by adding at the end of said section the following sentence, to wit: Provided, however, that the examiner, or auditor in this section hereinbefore referred to and provided, shall be designated, named and appointed by the Judge of the Superior Court of said County of Bryan and his successor, or successors, in office. Appointment of auditor or examiner. (h) Section 15 of said original Act is amended by striking words: the remaining members from the third (3rd) line of said section and substituting in lieu thereof, the following: The Judge of the Superior Court of said County of Bryan and his successor, or successors, in office and by adding at the end of said section the following: Provided the person or persons so appointed shall be a qualified citizen, residing in the Road District to which he is appointed to serve. Qualification of member. (i) Section 18 of said original Act is amended by adding at the end thereof the following: Provided, however, in the employment of Counsel, as authorized and referred to in said section, the said Board of Commissioners of Roads and Revenues are hereby required to select and employ a member of the local bar, who must have resided in said County of Bryan for a period of six (6) months next before the date of his employment; and in the event of the removal of said attorney from said county, or his dismissal, for any cause, pending his contract of employment, then, and under those circumstances, said contract of employment shall automatically thereupon be terminated, and said attorney shall receive compensation only

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for such proportionate period of time as he actually served under his said contract of employment. And in the event of no qualified attorney in said county, then employ some attorney from Atlantic Circuit. Attorney for board. (j) Section 10. So that, when all of the foregoing and above enumerated sections of said original Act are thus amended, the said amended sections of said Act will read as follows, to wit: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the first day January, 1928, and after the qualification of the members hereinafter named, there is created a Board of Commissioners of Roads and Revenues of Bryan County, which shall consist of five (5) members, namely: G. M. Edwards from the 19th District of G. M. who shall serve until the 1st day of January, 1929; Lewis C. Gill from the 20th District G. M. who shall serve until 1st day of January, 1929; A. M. Cason from the 1137th District G. M. who shall serve until the 1st day January 1931; J. C. Stubbs from the 1380th District G. M. who shall serve until the 1st day of January, 1931; and the Ordinary of the County of Bryan who shall be, together with his successors in office, a member ex-officio of said board and the chairman and clerk thereof. To read as amended. Commissioners named. Sec. 2. Be it further enacted by the authority aforesaid, that said County of Bryan shall be divided into four (4) Road Districts, to be designated as One (1), Two (2), Three (3) and Four (4) and each of said Road Districts shall be entitled to one commissioner, residing in the Jurisdiction of the District and its representative on said board, and District Number One (1) shall embrace the 19th District G. M. District Number Two (2) shall embrace the 20th District G. M.; District Number Three (3) shall embrace the 1137th District G. M.; and District Number Four (4) shall embrace the 1380th District G. M. Districts.

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Sec. 3. And in all primary elections, the candidates seeking the nomination and election to membership on said board, shall be voted for in the following manner, to wit: Candidates seeking the nomination from District Number One (1) shall be voted for only by the qualified voters of the 19th District G. M.; candidates seeking the nomination from District Number Two (2) shall be voted for only by the qualified voters of the 20th District G. M.; candidates seeking the nomination from District Number Three (3) shall be voted for only by the qualified voters of the 1137th District G. M., and candidates seeking the nomination from District Number Four (4) shall be voted for only by the qualified voters of the 1380th District G. M. Voters. Sec. 4. Be it further enacted by the authority aforesaid, that said commissioners shall each, before entering upon their duties, be commissioned by the governor, make a good and sufficient surety bond in the sum of five thousand ($5,000.00) dollars each, and take and subscribe to an oath to faithfully perform the duties of their office and account for all moneys coming into their hands as such commissioners, said bond to be payable to the Ordinary of Bryan County and his successors in office, and the oath subscribed before him and each recorded in his office. The bond herein specified and required shall be signed by some reputable, legally qualified and solvent surety company, and the premium, or premiums, required therefor to be paid for by the County Treasurer of Bryan County on warrants drawn on the proper and legal funds for this purpose. Commission, bond. Sec. 5. Be it further enacted by the authority aforesaid, that said board shall hold its regular sessions on the first Tuesday in very month at the county site, and shall receive the sum of five ($5.00) dollars for every day for such meetings; and on other occasions than a regular meeting on the First Tuesday, they shall receive the sum of five ($5.00) dollars per diem, upon statements showing the date of such meeting, for what purpose convened and upon what matter. Pay.

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Provided however, except as to the compensation of the chairman and clerk of said board, as herein provided for, the other members thereof shall in no event exceed in amount the sum of one hundred and twenty ($120.00) dollars per annum for each member thereof. Sec. 6. Be it further enacted by the authority aforesaid, that the Ordinary of the County of Bryan, who shall be ex-officio a member of said board and the chairman and clerk thereof, shall keep an accurate and minute record of all proceedings of the board, all contracts made, all bills paid, and any and all actings and doings of the board, which records shall be kept in a well bound book, which at all times shall be open and subject to public inspection. Records. Ordinary an ex-officio member. Sec. 7. Be it further enacted by the authority aforesaid, that the chairman and clerk of said board shall receive a monthly salary of twenty-five ($25.00) dollars per month and all necessary traveling expenses, whether in or out of the county, on account of county business, stationery, stamps, books etc. Salary and expense of chairman and clerk. Sec. 7. (a) Be it further enacted, that the purchasing agent herein provided for shall be paid in addition to his per diem not to exceed $120.00 per annum, all his necessary traveling expenses, stamps, etc., while actually engaged in the county's business. All purchases made by said purchasing agent shall be approved by a majority of the commissioners of roads and revenues of the County of Bryan. Purchasing agent. Sec. 8. Be it further enacted by the authority aforesaid, that said board of commissioners shall have original and exclusive jurisdiction over the following subject matters, to wit: In directing and controlling all county property of said County of Bryan, as they may deem expedient, according to law, including the county jail and court-house; in levying a general tax for general purposes and a special tax for special purposes, according to law, and over all roads, as aforesaid; in establishing and changing election precincts and militia districts; in examining and allowing, according to law, all claims that may arise against the

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county; in examining and auditing, or the hiring of an examiner or auditor, of the accounts and records of all officers having the care, management, keeping, collecting, or disbursing of moneys belonging to the county, or appropriated for its benefit or use, and bringing them to a settlement; in making rules and regulations, according to law, for the support of the poor of the county, for the promotion of health, as are granted by law; also to do all and singular other acts devolving upon the office, said board of commissioners having full and complete charge of county affairs and to exercise all power over roads and revenues under the laws of this State, as given to the ordinaries in counties where there are no Commissioners of Roads and Revenues. Provided, however, that the examiner or auditor, in this section hereinbefore referred to and provided for, shall be designated, named and appointed by the Judge of the Superior Court of said county of Bryan and his successor, or successors, in office. Jurisdiction of board. Examiner or auditor. Sec. 9. Be it further enacted by the authority aforesaid, that in case of a vacancy on said board by death, resignation, or otherwise, the Judge of the Superior Court in said County of Bryan, and his successor or successors in office shall immediately appoint a successor who shall and must possess the qualifications for holding said office hereinbefore stated, and who shall qualify by taking the oath and giving the bond as hereinbefore provided, and who shall hold office until the next election, at which election the successor of the member causing the vacancy shall be elected, provided the person or persons so appointed shall be a qualified citizen, residing in the road district to which he is appointed to serve. Vacancies. Sec. 10. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have, and are hereby invested with, the authority to employ counsel and pay for such service out of the proper fund of the county in the sum of three hundred ($300.00) dollars per annum. Counsel. Provided, however, in the employment of counsel, as by this section herein authorized and referred to, the said

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Board of Commissioners of Roads and Revenues shall select and employ a lawyer, who is a resident of said County of Bryan and a practicing attorney thereof, and who must have resided in said county for a period of not less than six (6) months next before the date of said contract of employment; and in the event of the removal of said attorney from said county, or his disqualification for any cause, pending the duration and life of said contract of employment, then, and under such eventuality, the said contract of employment shall automatically thereupon be terminated and said attorney shall receive compensation only for such proportionate period of time as he actually served under his said contract of employment, provided a qualified attorney resides in the county who will accept employment, and if no qualified attorney resident of said county can be secured then the Judge of the Superior Court of Bryan County may appoint some non-resident attorney who will accept employment and who resides in the Atlantic Circuit. 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 said original Act be, and the same is hereby further amended, by striking section 19 (the repealing section) therefrom and adding after section 18 of said Act the following appropriately numbered sections, to wit: Sec. 11. Be it enacted by the authority aforesaid, that from and after the passage of the Act, as amended, W. R. Clanton, a member of said Board of Commissioners of Roads and Revenues, shall be, and he is hereby, made the Purchasing Agent of said board for and on behalf of the said County of Bryan, during his present tenure of office as a member of said board, and at the expiration of his present term of office the said Board, of Commissioners of Roads and Revenues shall immediately thereafter and thereupon, by a majority vote of its body, elect one of its members as purchasing agent to succeed the said W. R. Clanton, which member so elected shall discharge the duties and responsibilities of this trust, as herein provided,

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during his tenure and term of office as a member of said board, provided, however, that if by reason of death, resignation, removal from the county, or for any other cause, a vacancy should occur in the position of such purchasing agent, the said board shall immediately thereupon elect from among its membership in the manner above indicated, a successor to fill such vacancy, who shall hold and discharge the duties and responsibilities of such purshasing agent during his tenure and term of office, as a member of said board, unless removed for cause as hereinafter prescribed. Purchasing agent. The said purchasing agent shall be invested with the sole right, power, authority, duty and responsibility, to honestly, fairly, economically and faithfully make all purchases and sales of all goods, chattels and properties of each and every description for and on account of said County of Bryan, always obtaining the highest and best prices available for all sales and the lowest and best prices for all purchases made by him for said county; he shall be required to keep a full, complete, accurate and itemized record of all such purchases and sales, giving the dates of same and the names and addresses of the persons, firms, or corporations, with whom said transactions were had; said purchasing agent is expressly hereby prohibited from accepting, or receiving, either directly, or indirectly, for himself, his agents, servants, employees, co-partners, associates, or for any other person, or persons, either for him, or them, any discounts, rebates, bonuses, or other things of value, in making said purchases and sales, except such legitimate discounts, rebates and bonuses, or other things of value as may be given directly to said County of Bryan and these be made to appear in the itemized records hereinbefore provided for and referred to; and it is further expressly provided, that all of the other and remaining members of said Board of Commissioners of Roads and Revenues of said County of Bryan, their agents, servants, employees, co-partners, associates, or any other person, or persons, firms, or corporations, for through and by them, are hereby expressly prohibited from making any purchases and sales, or from otherwise acquiring and disposing

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of, either directly, or indirectly, any goods, chattels, wares, vouchers, county warrants, choses in action, lands, tenements, assets and properties of each and every kind and nature, and not specifically enumerated herein, for, from and on account of said County of Bryan, or from in any wise, either directly or indirectly, participating in any such purchases and sales. Provided nevertheless it is hereby declared to be the duty of said purchasing agent immediately upon making purchases or sales to report the same by original vouchers therefor to the chairman and clerk who shall preserve a record of the same. Sec. 12. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, as amended, that all monies and funds received by or coming into the hands and possession of said board, or a member thereof for and on account of said County of Bryan, shall be by them promptly paid over to the county treasurer of said county and his receipt taken therefor, which receipt shall be in an orderly manner filed away with the other records and archives of said board and shall be kept open and subject to public inspection; and said monies and funds shall be paid out and disbursed by said board only upon county warrants, drawn by the chairman and clerk of said board upon the treasurer of said county. Money to go to treasurer. Sec. 13. Be it further enacted by the authority aforesaid, that from and after the passage of this Act as amended, any member or members of said Board of Commissioners of Roads and Revenues of said County of Bryan, their agents, servants, employees, copartners, or associates violating any of the terms and provisions of this Act as amended shall upon complaint of any taxpayer of said county to the Judge of the Superior Court of Bryan County have his conduct inquired into by [Illegible Text] judge, and if found to be violative of this Act shall by order of the judge be removed from office or the employment of said board as the case may be and be subjected to criminal indictment and prosecution, and if found and adjudged to be guilty, be punished, as for a misdemeanor. Removal from office, prosecution.

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Sec. 14. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, as amended, that the ordinary of said County of Bryan, who is herein and hereby made a member of said Board of Commissioners of Roads and Revenues for said county, and the chairman and clerk thereof, shall be eligible and required to vote on all questions, coming before said board, when necessary, the same as the other members thereof. Ordinary's duties. Sec. 15. 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, as amended, all laws, or parts of laws, in conflict with any of the provisions hereof, shall be and the same are hereby repealed. Approved February 23, 1935. BRYAN OFFICERS' BONDS. No. 50. An Act to require all county officers of Bryan County, Georgia, to give and subscribe a good and sufficient indemnity bond in some reputable and solvent insurance company, having an agent, office, and place of doing business and otherwise qualified to do business in the State of Georgia; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the expiration of the respective terms of office of all of the present county officers of Bryan County, Georgia, all county officers of said county who are now or who may hereafter be required to make bond give a good and sufficient indemnity bond underwritten by a reputable and solvent bonding company having an office and an agent in the State of Georgia, such bond to be approved by the Board of Commissioners of Roads and Revenues of Bryan County, Georgia. Provided

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that nothing contained in this Act shall be so construed as to modify or change the law requiring the tax-commissioner of said County of Bryan to give a good and sufficient indemnity bond to be approved by the Board of Commissioners of Roads and Revenues of Bryan County, Georgia, in a sum of not less than $25,000.00. Bonds of county officers. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, all laws or parts of laws in conflict with the provisions hereof shall be and the same are hereby repealed. Approved February 26, 1935. BRYAN TAX-COMMISSIONER. No. 205. An Act to abolish the offices of tax-receiver and tax-collector of Bryan County, Georgia; to create the office of tax-commissioner of Bryan County; defining the qualifications and duties and fixing the compensation and term of office of said tax-commissioner; 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 tax-commissioner of Bryan County, in so far as the same are applicable and not herein and hereby abolished; to provide that tax fi. fas. issued by the tax-collector, and remaining unpaid when this Act takes effect, shall continue of full force and be collected by the said tax-commissioner, as could otherwise have been collected by the tax-collector; to provide that all fees, commissions, and other costs and compensations formerly paid to or collected by either the tax-receiver or the tax-collector shall, after this Act becomes effective, be collected by said tax-commissioner of Bryan County, Georgia, and by such officer paid into the county treasury of said county; to provide for the payment of the necessary expense of said office of said

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tax-commissioner; to provide for the election of said tax-commissioner and the method filling vacancies in said office; to provide for the character and amount of the bond required and the taking of the oath of office by said tax-commissioner; to provide that said tax-commissioner shall; as often as called upon to do so, furnish an itemized statement under oath of all fees, commissions, costs, or other money received and collected for and on account of said County of Bryan, to the Board of Commissioners of Roads and Revenues of said County, and, even though unrequested to do so, said tax-commissioner shall furnish said Board of Commissioners of Roads and Revenues one such statement during each calendar year; and to do and perform all other such acts and things as may be necessary for putting into effect the provisions of the Constitution; of the State of Georgia, as contained in article eleven (11), section three (3), paragraph one (1) of said Constitution; and to authorize and provide for the levy and collection of a tax to pay said tax-commissioner a salary of $1500.00 per annum, payable in monthly instalments of $125.00 per month, and for the stationery, stamps, and other office supplies, equipment, and requirements incident to said office; and to repeal all laws and parts of laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That in accordance with, and pursuant to the authority contained and provided in an amendment to the Constitution of the State of Georgia, approved August 18th, 1924 and ratified as a constitutional amendment, in article eleven (11), section three (3) and paragraph one (1), of said Constitution the offices of tax-receiver and tax-collector of Bryan County be and the same are hereby abolished, the duties of said offices are hereby consolidated into one office, which shall be filled and placed under the control of one official, whose office shall be designated and known as that of Tax-Commissioner of Bryan County, which office is hereby created and established in lieu of the abolished

Page 594

offices of tax-receiver and tax-collector, and the rights, powers, duties, responsibilities and liabilities of said tax-commissioner shall be the same as are now, or may hereafter, become inherent to said offices of tax-receiver and tax-collector in so far as the same apply to the office of said tax-commissioner and not specifically hereinafter otherwise provided and excepted. Tax-commissioner in lieu of tax-receiver and collector. Sec. 2. That the provisions of this Act shall not become effective until the end of the current terms of office of the present tax-receiver and tax-collector of said County of Bryan. Effective when. Sec. 3. That said Tax-Commissioner of Bryan County shall be voted for and elected at the same time, and under the same general provisions of law, as other county officers are now elected, at the next general election in the year of 1936, and that said tax-commissioner shall enter upon a discharge of the duties of said office on January 1st, 1937, and the term of office shall be for a period of four (4) years. And in the event of a vacancy occurring in said office, for any cause, such vacancy shall be filled in the same manner, as vacancies are now filled with respect to other county offices in the State of Georgia. Election, term, vacancy. Sec. 4. Before entering upon the duties of said Tax-Commissioner of Bryan County, Georgia, said officer 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 indemnity bonding company, with an office and agent, and doing business in the State of Georgia, in an amount to be fixed and approved by the Board of Commissioners of Roads and Revenues of said County of Bryan; but that in no event shall the amount of said bond be for an amount less than ten thousand ($10,000.00) dollars; the costs and premiums of which shall be paid by the said Board of Commissioners of Roads and Revenues of said county from general funds for such purposes, and in any and all events said bond shall be approved by the Board of Commissioners of Roads and Revenues of Bryan County,

Page 595

Georgia, and made payable to the Governor of Georgia or his successors in office. Oath, bond. Sec. 5. The salary and compensatio for said Tax-Commissioner of Bryan County shall be one thousand and five hundred ($1,500.00) dollars per annum, same to be paid monthly in the sum of one hundred and twenty-five ($125.00) dollars per month, upon warrants authorized by the Board of Commissioners of Roads and Revenues of said county for said purposes, and payable by the county treasurer of said county. In addition to the above salary and compensation, the tax-commissioner shall be entitled to all fees and commissions provided by law for the levy and collection of State occupation taxes. Salary. Fees, commissions. Sec. 6. The Board of Commissioners of Roads and Revenues of Bryan County, Georgia, be and they are hereby authorized and empowered to levy and collect a tax sufficient to pay the salary of said tax-commissioner, provide him with an adequate office in said county, provide him with fuel, stationery, stamps, and lights, and to provide any and all other reasonable equipments, fixtures, and office supplies incident to a proper conduct of the affairs of said office of tax-commissioner. Tax to pay salary, etc. Sec. 7. All taxes due and payable at the time the provisions of this Act shall become effective, and that all tax fi. fas. theretofore issued by the tax-collector of Bryan County, shall have full force and effect and shall be collectible as issued. Tax collection. Sec. 8. All fees, commissions, costs, and all other compensations allowed to the tax-receiver and tax-collector of Bryan 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 by such officer paid into the treasury of Bryan County, Georgia. Fees, etc., go to treasury. Sec. 9. Said tax-commissioner shall perform each, every, and all the duties now required of the offices of tax-receiver and tax-collector of Bryan County, Georgia, in the manner

Page 596

prescribed by law, shall be subject to all the requirements, pains, and penalties, and have all the rights, powers, and privileges of said two offices and officers, except as to compensation, as herein provided. Duties. Sec. 10. Said tax-commissioner shall be and he is required hereby to be a citizen and qualified voter of said County of Bryan. Qualification. Sec. 11. Said tax-commissioner of Bryan County be and is hereby required to make such reports to the State of Georgia, or the authorities thereof, as are now required or may hereafter be required of tax-receivers and tax-col ectors of this State. Reports. Sec. 12. Said tax-commissioner shall perform all the duties and be subject to all of the penalties heretofore applicable to tax-collectors and tax-receivers of Bryan County, Georgia, and shall have the 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 office of the tax-receiver and the tax-collector of Bryan County, Georgia, except that said tax-collector of Bryan County, Georgia, at the time of 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 fi. fas. shall be collected by the tax-commissioner of Bryan County, Georgia, and turned over to the county treasurer of Bryan County, Georgia. Duties. Sec. 13. If, for any reason, any portion or part 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 section of this Act being to put into effect in Bryan County, Georgia, the

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provisions of the Constitution of this State, as contained in article eleven (11), section three (3), and paragraph one (1) thereof, and to preserve and maintain, intact, as valid and of legal and binding effect, all such portions and parts of this Act as are unaffected and unmolested by the decisions of said court of last resort in this State. Invalidity of part of Act not invalidate other part. Purpose of Act. Sec. 14. All laws and parts of laws in conflict with the provisions and intent of this Act be and the same are hereby repealed. Approved March 20, 1935. BUTTS COMMISSIONERS' CLERK'S SALARY. No. 195. An Act to amend an Act approved August 25th, 1925, creating a Board of Commissioners of Roads and Revenues for Butts County; to provide for the election of same; to define their powers and duties; for the fixing of their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 3 of the Act approved August 25th, 1925, found on page 565 of said Act, be and the same is hereby amended by striking from said Act and said section No. 3, the following words but that said salary is not to exceed the sum of $600.00 per annum, and substituting in lieu thereof the words: Whose salary shall be fixed by the Board of Commissioners of Roads and Revenues at their first meeting in January each year, the amount thereof to be left in the discretion of the board of commissioners, so that said section when amended shall read as follows: Salary of clerk of commissioners. Section 3. Be it enacted by the authority aforesaid, that the commissioners shall have a clerk to keep all books and records of their office, the salary to be fixed by said commissioners on the first meeting in January each year, the amount thereof to be fixed and named in the discretion

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of said commissioners, which shall be in full for compensation for services free from any perquisites of any kind or character. Said clerk shall perform all duties required by said commissioners in keeping all the records and minutes of said office, and keeping the commissioner's office open each day except legal holidays commonly observed, and all records open to public inspection by any taxpayer of said county. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this amendment and act be and the same are hereby repealed. Approved March 20, 1935. CANDLER TAX-COMMISSIONER'S BOND. No. 153. An Act to amend an Act entitled An Act to consolidate the offices of tax-receiver and tax-collector and to create the office of county tax-commissioner in the County of Candler in the State of Georgia, under the authority granted to the General Assembly of Georgia in an Amendment to the Constitution of the State of Georgia, ratified by the qualified voters of the State of Georgia at the last general election held in said State, said constitutional amendment appearing in the Acts of 1924 of the General Assembly of Georgia on pages 815 to 817, inclusive; to prescribe the duties of said tax-commissioner and to fix his compensation; and for other purposes, approved August 20, 1925, and found in Georgia Laws 1925, pages 584-6, so as to provide for the amount and kind of bond to be required of such county tax-commissioner, to provide for the payment of the premium thereon; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section seven of an Act entitled An Act to consolidate the offices of tax-receiver and tax-collector and to create the office of county tax-commissioner in the County of Candler in the State of Georgia, under the authority

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granted to the General Assembly of Georgia in an amendment to the Constitution of the State of Georgia, ratified by the qualified voters of the State of Georgia at the last general election held in said State, said constitutional amendment appearing in the Act of 1924 of the General Assembly of Georgia on pages 815 to 817, inclusive; to prescribe the duties of said tax-commissioner, and to fix his compensation; and for other purposes, approved August 20, 1925, and found in Georgia Laws 1925, pages 584-6, be and the same is hereby amended as follows: (a) By striking from the third, fourth, and fifth lines in said section seven the words in the sum of..... dollars, payable to the ordinary of Candler County, and substituting in lieu thereof the following: with some reputable surety company licensed to do business in this State as his security and in such amount as may be required of him by the Board of Road and Revenue Commissioners of Candler County, payable to the ordinary of said county. Amendments. (b) And by inserting in line seventeen of said section seven immediately after the words recorded in his office a comma, and the following words: and the premium on said bond shall be paid by the County of Candler as a part of the expense of government. So that said section seven when so amended shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office said tax-commissioner shall give bond with some reputable surety company licensed to do business in this State as his security and in such amount as may be required of him by the Board of Road and Revenue Commissioners of Candler County, payable to the ordinary of said county, conditioned for the faithful performance of his duties as county tax-commissioner of Candler County, and conditioned for the faithful accounting for all monies received or collected by him as such county tax-commissioner for Candler County. He shall also give bond in such an amount

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as shall be fixed by the Comptroller-general of the State of Georgia, said bond to be payable to the Governor of Georgia, and conditioned for the faithful accounting of all monies collected by him as taxes belonging to the State of Georgia. The bond required to be made payable to the ordinary of Candler County shall be approved by said ordinary and recorded in his office, and the premium on said bond shall be paid by the County of Candler as a part of the expense of government. The bond required to be made payable to the Governor of the State of Georgia shall be approved by the comptroller and recorded in his office. Section as amended. Bond. Premium on bond. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. CARROLL TAX-COMMISSIONER'S EXPENSES. No. 57. An Act to amend the Act of 1931, page 405, entitled an Act to consolidate the office of tax-receiver and tax-collector in Carroll County, Georgia, by amending said Act to fix the compensation of clerical help and expenses for said tax-commissioner. Section 1. 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 Act of 1931, page 405, be and the same is hereby amended by striking from said section, after the word annum in the sixth line, the following: four hundred (400) dollars for helpers and one hundred (100) dollars for traveling expenses, and adding in lieu thereof the following: and sixteen hundred (1600) dollars for clerical help and traveling expenses, so that said section when amended will read as follows: $1600 for clerical help and traveling expenses.

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Section 2. Be it further enacted by the authority of the same, that said tax-commissioner, as aforesaid, shall perform all the duties which are now performed by the tax-receiver and tax-collector of Carroll County, and shall receive as compensation therefor the sum of twenty-four hundred (2400) dollars per annum and sixteen hundred (1600) dollars for clerical help and traveling expenses, the same to be paid in monthly installments; and the County Commissioner of Roads and Revenues of Carroll County is hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Section as amended. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1935. CHATTAHOOCHEE TAX-COMMISSIONER. No. 92. An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Chattachoochee, and create in their stead a county tax-commissioner for Chattahoochee County, 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 said commissioner; to provide the amount of his compensation, and the method and time of his payment; to fix the term of office of such commissioner and manner of election, 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. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:

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Section 1. That the offices of tax-receiver and tax-collector of Chattahoochee County, Georgia, are hereby abolished, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner in lieu of tax-receiver and collector. Sec. 2. That the office of tax-commissioner of Chattahoochee County is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of said office shall be the same as the rights, duties, and liabilities of tax-receiver and tax-collector of said county so far as the same are applicable. Sec. 3. Be it further enacted, 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 Chattahoochee 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 in accordance with the general laws appertaining thereto. Collections. Sec. 4. Be it further enacted, that all fees, costs, commissions, and all other compensation heretofore allowed the tax-collector and tax-receiver of Chattahoochee County at the time this Act becomes effective, or that might be legally allowed to such officers thereafter were it not for the provisions of this Act, shall be collected by said tax-commissioner of Chattahoochee County and paid over to the treasurer of the Board of County Commissioners of Chattahoochee County each month, and the said tax-commissioner shall make out a statement showing the amount due him as fees, costs, commissions, or other compensation for performing his duties. The treasurer of the Board of County Commissioners of Chattahoochee County shall, upon the approval of the Board of County Commissioners, pay to the tax-commissioner such fees, costs, commissions, and other compensation as by law the tax-commissioner is entitled, and the tax-commissioner shall give the treasurer his receipt therefor. The statements and receipts provided for herein shall be kept by the treasurer and reported along

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with the report of the Board of County Commissioners to the grand jury of Chattahoochee County. Fees, etc., to go to treasurer. Sec. 5. Be it further enacted, that the tax-commissioner of Chattahoochee County shall receiver for his services the same fees, costs, commissions, and other compensation as is now authorized by law to the tax-collector of Chattahoochee County, and said officer shall receive no further compensation whatever. Compensation. Sec. 6. Be it further enacted, that the provisions of this Act shall not become effective until the expiration of the terms of the present tax-receiver and the present tax-collector of Chattahoochee County; to wit, on the..... day of....., 19..... Effective when. Sec. 7. Said tax-commissioner shall be elected in the general election to be held in the State of Georgia in the year 19...., 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, term. Sec. 8. If a vacancy, for any cause, occurs in said office of tax-commissioner, it shall be filled in the following manner: Vacancy. (a) If said vacancy occurs within six months of the expiration of the existing term, the Board of County Commissioners of Chattahoochee County, Georgia, shall appoint some qualified person to discharge the duties of said tax-commissioner for the remainder of said term, and the person so appointed shall be commissioned and qualified as the tax-commissioner, and shall receive the pro rata 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 County Commissioners of Chattahoochee County, Georgia, shall appoint some qualified person to discharge the duties of said tax-commissioner until a tax-commissioner is elected, and it shall be the duty of the Ordinary of Chattahoochee County to call a special election for the election of a tax-commissioner

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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 in a public gazette published in Chattahoochee County, and before the court-house door of said county at least ten (10) days before said election. The person elected on said day shall perform the duties of tax-commissioner 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. Sec. 9. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and 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. Sec. 10. 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 Chattahoochee County, Georgia, that is to say, all duties heretofore required and prescribed for tax-receiver and tax-collector and such other duties as might be required by law; that I will not receive any return but on oath or affirmation; that I will search out and make a true return of all defaults, polls, professional, and all taxable property not returned; that I will account for and pay over all taxes collected by me as required by law; and will to the best of my ability carry out all requirements made upon me by law; so help me God. Oath. Sec. 11. The said tax-commissioner, before entering upon the discharge of the duties of his office, shall give bond in some reliable bonding company in an amount to be fixed

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and approved by the County Commissioner of Chattahoochee County, payable in the same way, conditioned, approved, filed, and recorded in the same manner as provided under general law as to the bond of tax-collectors, and thereupon be commissioned. The premiums on the bond of the tax-commissioner, from time to time, shall be paid by the County of Chattahoochee from the treasury thereof. Bond. Sec. 12. Should any section or portion of this Act be held to be unconstitutional, the whole of the Act shall not thereby become void, but only such section or portions so held to be unconstitutional. Invalidity of part of Act. Sec. 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1935. CHATTOOGA PURCHASES ON BIDS. No. 394. An Act to amend an Act approved March 18, 1933, entitled An Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenues 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, by striking and repealing all of section 9 of said Act, which prohibits the purchase from or sales to relatives by blood or marriage of any member of said board of commissioners, or the county warden or the warden of the chain-gang, or the clerk of said board; by providing that all purchases made by said board shall be made on competitive bids; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That the Act of the General Assembly of March 18, 1933, entitled An Act to abolish the Board of Commissioners of Roads and Revenues of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenues 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, be and the same is hereby amended by striking all of section 9 of said Act, which prohibits purchases from or sales to said relatives by blood or marriage of members of the board, or the county warden or the warden of the chain-gang or the clerk of said board. Amendment as to dealings with relatives. Sec. 2. That said Act of March 18, 1933, be further amended by striking from the 4th line of section 10, thereof, the words over $20.00, so that said section as amended shall read as follows: 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 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 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. Amount stricken. Section as amended.

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Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. CHEROKEE SHERIFF'S SALARY AND EXPENSES. NO. 372. An Act to fix the compensation of the sheriff of Cherokee County; to provide for the abolition of the fee system for compensating the sheriff in said county, and for the disposition of fees; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That, effective on the first day of January' 1937, the sheriff of Cherokee County, Georgia, shall receive in addition to the compensation provided by law for feeding and dieting prisoners, a salary of $2,700.00 per annum. The said sheriff shall in addition to said salary receive an allowance of five cents per mile for the operation of his automobile for each mile of actual travel in the performance of his duties. Such expenses shall be paid monthly on sworn statements presented by the sheriff to the authority in charge of the fiscal affairs of the county. The said sheriff shall in addition thereto receive payment of all hotel bills and other traveling expenses while engaged in the performance of his official duties beyond the limits of Cherokee County or the State of Georgia. The sheriff of said county may in his discretion appoint one deputy at a salary not exceeding $100.00 per month, which salary shall be likewise paid out of the county treasury. The compensation herein provided for the sheriff, and all expenses incurred by him in the performance of his duties, shall be paid from the county treasury as other county expenses are paid. Salary of sheriff; expenses. Sec. 2. That all fees, costs, percentages, forfeitures, fines, penalties, allowances, and all other perquisites of whatever kind, what are now, or may hereafter be allowed by law to be received or collected as compensation for services by such

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sheriffs herein named, shall be received and collected by all of said sheriffs, and each of them, for the sole use of the county in which they are collected, and shall be held as public monies 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 sheriff, under oath, showing such collections and the sources from which collected; and the county treasurer shall keep a separate account showing the sources from which said funds were paid. Fees, etc., to go to treasurer. Sec. 3. In addition to the compensation herein provided for the county shall pay the necessary expenses of operating the office of sheriff, including postage, clerical expenses, stationery, and the like. Expenses. Sec. 4. This Act shall become effective on January 1, 1937, provided an amendment to article 1, section 4, paragraph 1, of the Constitution, authorizing the General Assembly by local law to fix the compensation of county officers, is ratified by the people. If no such amendment is ratified this Act shall not become effective. Effective when. Sec. 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. CHEROKEE SHERIFF'S BOND. NO. 173. An Act to fix the amount of bond of the sheriff of Cherokee County; and for other purposes. Sec. 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the bond to be given by the sheriff of Cherokee County, Georgia, to enable him to qualify, shall be not less than five thousand dollars and not more than ten thousand dollars, to be fixed by the Ordinary of Cherokee County. Ordinary to fix bond; limits.

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Sec. 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 No. 1 hereof. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935. CLAY TREASURER'S OFFICE ABOLISHED. RECEIPT AND DISBURSEMENT OF FUNDS. NO. 143. An Act to abolish the office of county treasurer of Clay County; to provide that the public funds of said county be received and paid out by the clerk of the Board of Roads and Revenues of said county on and after the first day of July, 1935; to provide for a bond with surety for said clerk; to provide for the length of his term of office and his compensation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after July first, 1935, the office of county treasurer of the County of Clay, be and the same is hereby abolished. Office abolished. Sec. 2. That the public funds of the said County of Clay shall be received and disbursed on and after July first, 1935, by the clerk of the Board of Commissioners of Roads and Revenues of said county in the manner and as now provided by law, and he shall discharge all other duties imposed by law upon county treasurers. Duties transferred to clerk of board. Sec. 3. That before said clerk of the Board of Commissioners of Roads and Revenues of said county shall be authorized to receive and disburse any of the public funds of

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said county, or discharge the duties now imposed by law on county treasurers, he shall make and give bond with good and sufficient security in the sum of two thousand dollars for the faithful discharge of the duties now performed by the county treasurer; said bond to be executed by some lawfully authorized surety company and to be payable to the County of Clay and approved by said board of commissioners and entered on the minutes of said board of commissioners, and shal then be filed with the ordinary of said county and recorded as county officers' bonds are recorded. Bond. Sec. 4. That said clerk of said Board of Commissioners of Roads and Revenues shall be elected for a term of eighteen months for his first term, that is from July first, 1935, to January first, 1937; the election for this short term to take place at the regular meeting of said board on the regular meeting day in the month of June, 1935, and then on the regular meeting day in the month of January, 1937; the said clerk shall be elected for a term of four years, and thereafter every four years, but he shall hold said office until his successor shall have been elected and qualified. Provided, however, that said board of commissioners may at any time on good cause shown remove said clerk and appoint some one else for the balance of the term. Election and term of clerk; removal. Sec. 5. That said clerk shall be entitled to receive as compensation for the performance of the duties now devolving upon the treasurer of Clay County the sum of one hundred dollars per annum and such other compensation for the performance of other duties devolving upon him as clerk of said board of commissioners as the board of commissioners may determine. Pay of clerk. Sec. 6. That said board of commissioners shall pay the premium on the bond herein required of said clerk of the board of commissioners out of the county funds. Premium on bond. Sec. 7. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935.

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COFFEE TAX-COMMISSIONER'S ADDED PAY. No. 73. An Act to amend an Act approved August 14, 1931, abolishing the offices of tax-receiver and tax-collector of Coffee County, Georgia, and establishing the office of County Tax-Commissioner of Coffee County, Georgia, as amended by the Act approved March 24, 1933, which amendment provides that said tax-commissioner be paid a salary of twenty-four hundred ($2400) dollars, by amending section (9) of said Act so as to provide that said tax-commissioner shall collect and retain as additional compensation to his salary, all those fees allowed tax-collectors for issuing tax executions under section 92-8002 of chapter 92-80 of the Code of Georgia of 1933; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 14, 1931, which Act abolishes the offices of tax-receiver and tax-collector of Coffee County, Georgia, and establishes the office of tax-commissioner of Coffee County, Georgia, as amended by the Act approved March 24, 1933, fixing the compensation of said tax-commissioner at a salary of twenty-four hundred ($2400) dollars, is hereby amended by amending section (9) thereof by adding the words, to wit: except that all those fees allowed tax-collectors for issuing tax executions under section 92-8002 of chapter 92-80 of the Code of Georgia of 1933, shall be collected by said tax-commissioner and not paid into the said county treasury, but retained by said tax-commissioner as additional compensation to his salary. Said section 9 when so amended shall read as follows, to wit: Additional pay. Section 9. 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 Coffee County, Georgia, at the time this Act becomes effective, or that might be legally 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 Coffee County, Georgia; except that all those fees allowed

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tax-collectors for issuing tax executions under section 92-8002 of chapter 92-80 of the Code of Georgia of 1933, shall be collected by said tax-commissioner and not paid into the said county treasury, but retained by said tax-commissioner as additional compensation to his salary. Section as amended. Sec. 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1935. COFFEE COMMISSIONERS' CHAIRMAN'S SALARY. No. 77. An Act to amend an Act approved August 13, 1931, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, State of Georgia; to provide for the appointment and election of the members thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk and an attorney of said board, and to prescribe the duties and compensation of each; and for other purposes, so as to change the compensation of the chairman of the Board of Commissioners of Roads and Revenues of said county. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the Act of the General Assembly of Georgia approved August 13, 1931, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Coffee, State of Georgia; to provide for the appointment and election of the members thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk and an attorney of said board, and to prescribe the duties and compensation of each; and for other purposes, is amended as hereinafter set forth:

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Section 1. Section seven of said Act is amended by striking the sentence beginning with the word The in the sixth line and continuing through the word annum in the eighth line of said paragraph and inserting in lieu thereof the following sentence and words: The chairman of the Board of Commissioners shall receive a salary of $1200.00 per annum, so that said section when so amended will read as follows: Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners except the chairman shall be $3.00 per day each, but no commissioner except the chairman shall receive pay for more than seventy-five days in any one year, and his pay shall be for actual services rendered. The chairman of said board of commissioners shall receive a salary of $1200.00 per annum, plus actual necessary expenses. At the first legal meeting in each month, each commissioner shall furnish the clerk a statement of his service for the previous month, and, upon the 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. Amendment. Salary of chairman of board $1200, plus expenses. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935. COLQUITT COUNTY TAX-COLLECTOR. No. 112. An Act to create the office of tax-collector for Colquitt County, Georgia, to provide for the term of his office; to provide for the election of his successor; to define his powers and duties; to fix his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the office of tax-collector is hereby created for the County of Colquitt, Ga. Office created.

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Sec. 2. Be it further enacted, that W. H. Murphy be and he is hereby named tax-collector for said county for the term ending December 31, 1936; provided, that at the next general election to be held in said county, his successor shall thereat be chosen as now provided by law. Tax-collector named. Sec. 3. Be it further enacted, that said W. H. Murphy shall be subject to all the duties and liabilities now imposed by law upon tax-collectors of this State, and shall likewise have the same powers, rights, and emoluments now provided by law for tax-collectors in this State, in the same manner and to the same extent as if the office of tax-collector of Colquitt County, Georgia, had never been abolished. Duties. Sec. 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1935. COLQUITT COUNTY TAX-RECEIVER. No. 113. An Act to create the office of tax-receiver for Colquitt County, Georgia; to provide for the term of his office; to provide for the election of his successor; to define his powers and duties; to fix his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the office of tax-receiver is hereby created for the County of Colquitt, Georgia. Office created. Sec. 2. Be it further enacted, that S. E. Sharpe be and he is hereby named tax-receiver for said county for the term ending December 31, 1936; provided that at the next general election to be held in said county, his successor shall thereat be chosen as now provided by law. Tax-receiver named.

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Sec. 3. Be it further enacted, that said S. E. Sharpe shall be subject to all the duties and liabilities now imposed by law upon tax-receivers of this State, and shall likewise have the same powers, rights, and emoluments now provided by law for tax-receivers in this State, in the same manner and to the same extent as if the office of tax-receiver of Colquitt County, Georgia, had never been abolished. Duties. Sec. 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1935. COLQUITT TAX-COMMISSIONER'S OFFICE ABOLISHED. No. 110. An Act to repeal an Act approved March 24, 1933, Acts of 1933, pages 484 et seq.; and for other purposes. Section 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 March 24, 1933, Acts 1933, pages 484 et seq. creating the offices of tax-commissioner and assistant tax-commissioner of Colquitt County, Georgia, be and the same is hereby repealed. Offices abolished. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1935. COLQUITT TAX OFFICERS; REPEALING ACT. No. 111. An Act to repeal an Act approved March 10, 1933, Acts 1933, pages 483-4, abolishing the offices of tax-collector and tax-receiver in Colquitt 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 the authority of the same, that an Act approved March 10, 1933, Acts 1933, pages 483-4, abolishing the offices of tax-collector and tax-receiver of Colquitt County, Georgia, be and the same is hereby repealed. Repeal of Act creating offices. Sec. 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1935. COWETA TAX-COMMISSIONER'S SALARY. No. 83. An Act to amend an Act to abolish the offices of tax-receiver and tax-collector of Coweta County, Georgia, approved February 22, 1933, Georgia Laws 1933, pages 494-498, by striking section 7 of said Act and substituting in lieu thereof a new section 7, creating the office of tax-commissioner of Coweta County, and providing for a salary of said tax-commissioner of $3000 per annum; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved February 22, 1933, Georgia Laws 1933, pages 494-498, be and the same is hereby amended by striking from said Act section 7 thereof, and substituting in lieu of said stricken section a new section to be known as section 7, which shall read as follows: Be it enacted by the General Assembly of the State of Georgia that the office of tax-commissioner of Coweta County be hereby created. 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,

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poll, and special taxes, as well as cost for issuing tax fi. fas., a fixed salary of $3000 per annum, to be paid in equal monthly installments of $250 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 is to be paid by the Commissioners of Roads and Revenues of said County from the funds in the County Treasury. Salary of tax-commissioner $3000. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935. DADE COUNTY TAX-COMMISSIONER. No. 86. An Act to abolish the offices of tax-collector and tax-receiver of Dade County, Georgia; to create the office of tax-commissioner of said county; to provide for the election of tax-commissioner and his term of office; to provide that he shall qualify and take office at the expiration of the present terms of the tax-collector and tax-receiver; to fix his salary; to prescribe his duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in accordance with and by authority of an amendment to the Constitution of the State of Georgia, approved August 18, 1924, that the offices of tax-receiver and tax-collector of Dade 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 Dade County Tax-Commissioner. And the rights, duties, and liabilities of the office of Dade County tax-commissioner shall be the same rights, duties, and liabilities of the tax-receiver and

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tax-collector of said county, so far as the same are applicable. The laws now governing the offices of tax-receiver and tax-collector shall govern the tax-commissioner so far as the same are applicable, and except as hereinafter provided. Offices abolished. Tax-commissioner; office created. Sec. 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 Dade County, Georgia, shall have full force and effect and be collected by the Dade County tax-commissioner. Collection of taxes. Sec. 3. Be it further enacted by the authority aforesaid, that all fees, costs, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Dade 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 Dade County, Georgia, except as hereinafter provided. Fees, etc. Sec. 4. Be it further enacted by authority aforesaid, that Dade 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 general election to be held in November, 1936, and every four years thereafter. This Act shall become effective January 1st, 1937. Term of office. Sec. 5. Be it further enacted by the authority aforesaid, that said Dade County tax-commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school-district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of $1,200.00 per annum, to be paid in monthly installments of $100.00 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. The said

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tax-commissioner shall be entitled to the commissions now allowed tax-collector on all State, professional, poll, and special taxes collected by him. Salary. Sec. 6. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said Dade County tax-commissioner shall take the oath now prescribed by law for the tax-collector, and shall give bond and security in an amount as now provided by law for tax-collector, with some surety company approved by the ordinary. Oath, bond. Sec. 7. Be it further enacted by the authority aforesaid, that the ordinary of Dade County, Georgia, shall levy a tax for the maintenance of said office and of the office supplies and pay the salary of said Dade County tax-commissioner, and that said ordinary shall pay out of funds thus raised the premium of the bond or bonds required of said Dade County tax-commissioner. Tax to pay salary and expenses. Premium on bond. Sec. 8. Be it further enacted by the authority aforesaid, that the Dade County tax-commissioner shall have his office in the court-house in Dade County, and that he shall be required to make the rounds to receive tax returns now required of tax-receivers, and when not thus engaged that he be required to keep his office open during reasonable office hours on all days except Sundays and holidays, for the purpose of collecting taxes. Office in court-house. Rounds. Sec. 9. 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. Invalidity of part of Act, not invalidate other part. Sec. 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 7, 1935.

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DAWSON COMMISSIONERS; REPEALING ACT. NO. 53. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues of Dawson County, and for other purposes approved July 31, 1925, with all amendments 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 an Act entitled an Act to create a Board of Commissioners of Roads and Revenues of Dawson County; to define their duties and powers; to fix their compensation; and for other purposes approved July 31, 1925, be and the same is hereby repealed. Repeal of Act creating Board. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall not go into effect until the Act creating a commissioner for Dawson County is ratified by a vote of the qualified voters of Dawson County as provided for in House Bill No...... Referendum. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 26, 1935. DAWSON COUNTY COMMISSIONER; REFERENDUM. NO. 82. An Act to create a Commissioner of Roads and Revenues for Dawson County, Georgia; to provide for the election of the same; to define his powers and duties; to fix his compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Dawson County shall have one Commissioner of

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Roads and Revenues, whose term of office shall be two years, beginning January 1, 1937, and ending December 31, 1938, who shall be elected at an election hereinafter provided for; whose successor shall be elected at the same time and under the same rules and regulations as now control the election of ordinary and other county officers. Referendum as to creation of sole commissioner. Sec. 2. Be it further enacted by the authority aforesaid, that said commissioner, before entering upon the duties of his office, shall give bond, with good and solvent security, same to be approved by the ordinary of said county, in the sum of ten thousand dollars, payable to the ordinary of Dawson County and his successor in office, conditioned upon the faithful performance of his duties and the carrying out of the conditions thereof. The said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under color of office, as well as neglect of duties. That the said commissioner shall, before entering upon the discharge of the duties of his said office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the best interest of the county. Bond. Oath Sec. 3. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $600.00 per annum, payable monthly, at the end of each month. Salary. Sec. 4. Be it further enacted by the authority aforesaid, that the said commissioner shall perform all duties required of him in keeping all the records and minutes of said office and in keeping the commissioner's office open, subject to public inspection by any taxpayer of said county. Duties. Sec. 5. Be it further enacted by the authority aforesaid, that it shall be unlawful for any candidate for said office of commissioner, or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase

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of any supplies, or any appointment which is or may be under the control of said commissioner. Any person as a candidate so offending shall be ineligible to hold said office, and upon conviction of any such act shall be punished as for a misdemeanor. Prohibited greements. Penalty. Sec. 6. Be it further enacted by the authority [Illegible Text], that in case of a vacancy in the office of commissioner by reason of death, resignation, recall, or otherwise, the ordinary of said county shall serve until his successor is elected and qualified. Such vacancy shall be filled at a special election called by the clerk of the superior court of said county, which election shall be held within thirty days from the vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancy. Sec. 7. Be it further enacted, that any person to be eligible to hold the office of Commissioner of Roads and Revenues of said County of Dawson under the provisions of this Act must be at least 25 years old, shall have been a bona fide resident and citizen of said county for two years or more prior to his election, shall be a freeholder, shall be of good moral character, and shall be experienced in matters of finance. The said commissioner shall be ineligible to hold any other office of the county during his term of office as such. Qualifications. Sec. 8. Be it further enacted, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all the property of the county as he may deem best and expedient according to law. In levying taxes for general and special purposes as provided by law, except as hereinafter provided. In establishing, altering or abolishing all public roads, public bridges, and ferries in conformity to law. He shall have charge and supervision of the chain-gang of said county, of the construction and maintenance of all other public work of the county. He, the said commissioner, is hereby authorized

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and empowered to open and maintain the public roads and bridges and to do any and all public work of the county with either convict labor or hired labor, or with both, as in accordance with law and as appears to serve the best interest of the county. Jurisdiction. Roads, bridges, chain-gang. (a) The said commissioner is hereby further authorized and empowered, in building and maintaining public roads and bridges, building and repairing the public buildings of the county and in having done any and all kinds of public work belonging to the county, to have such work done by contract in such manner and in accordance with the law provided for such contracting. Contracts. (b) He shall appoint superintendents, guards, overseers and necessary labor and help as is necessary for operating the chain-gang, in building and maintaining the public roads and bridges and any and all public work of the county, as appears to be to the best interest of the county, having supervision over all such employees with power to discharge for cause. Appointments. (c) The said commissioner shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials, and supplies of all kinds used in the construction and repairs of the buildings, roads, bridges, and for all public work of the county; and, also, for the supplies for the use of the convicts. All such contracts, purchases and sales as heretofore mentioned, involving financial transactions, shall be made subject to the conditions hereinafter provided. Purchases, sales. (d) He shall fix the amount of commutation tax or number of days' work to be performed on the public roads in lieu of said commutation tax. In case work is done in lieu of commutation tax, such work is to be done on the public roads in the militia district in which the party subject to such tax or work lives. All monies paid in as commutation tax shall be spent on the public roads in the district from whence they came. Commutation tax.

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(e) The said commissioner shall keep, or have kept, in his office a book containing a correct list of the names of all persons subject to commutation tax or road duty in each and every militia district designating whether white or colored; said list to be reissued each year. He shall collect or have collected all commutation tax, shall fix the time when such tax shall be paid or the work performed. He shall try all road defaulters in accordance with the law so provided. He shall make such rules and regulations as is necessary and in accordance with law for the support of the poor, for county police and patrol when necessary, for the protection of health and quarantine when necessary, as are granted or not inconsistent with law. He shall appoint all minor officers, aids, help and assistants for the necessary and lawful purposes of the county, where election is not otherwise provided by law. He shall examine, allow and settle all just claims against the county. He shall examine and audit the accounts and books of all officers having the care, management, keeping or disbursement of funds or money belonging to the county. He shall examine and audit the accounts, obligations, and receipts of those who have charge of claims of any kind or nature in favor of the county. In case it becomes necessary the said commissioner is hereby authorized and directed to take such legal steps as is necessary to bring any defaulting official or person to account for failure of duty in such capacities or positions as are above mentioned. He shall try all road defaulters in accordance with the laws. He shall regulate peddling and fix the costs of license therefor. Duties. (f) The said commissioner shall exercise all the powers and duties heretofore vested in the ordinary of said county when sitting for county purposes, and shall exercise such other powers and duties in connection therewith as are granted by law or may be indispensable to his jurisdiction over county matters, except that in financial matters he shall be subject to the limitations hereinafter provided. Sec. 9. Be it further enacted, that the ordinary and the clerk of the superior court of said county are hereby made

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an advisory board, to serve and act in conjunction with the said commissioner in the following matters, to wit: In handling all financial affairs of the county, in fixing the tax rate of the county, in allowing the insolvent tax list of the county, in settling all claims of officers and others having the care, management or disbursement of county funds, in providing for the poor of the county, in the examination of the tax digest and the correction of errors, in regulating or fixing fees as may be provided by law, in supervising and awarding contracts for the purchase or sale of properties, supplies, machinery, and materials of all kinds, as well as contracts for building of bridges, construction of road projects or public buildings of the county. In performing the duties above specified, said ordinary and clerk of the superior court shall devote such time as is necessary, and shall be paid therefor the sum of $3.00 per day for each day served. Advisory board. Per diem. (a) They shall meet with the said commissioner who shall be chairman of such meeting. Upon questions for determination, a majority vote of the three shall control. (b) Said ordinary and clerk of the superior court shall have no supervision or control over the affairs of said county heretofore delegated to the said commissioner. They are to serve as advisors in financial matters, only pertaining to the interest of the county directly. Sec. 10. Be it further enacted, that said commissioner in conjunction with said ordinary and clerk of superior court are especially charged with the duty of examining and auditing the books and accounts of the county treasurer and county depository. They shall see that separate accounts are kept of different funds levied, and that no vouchers are paid out of any other fund than the one on which the said voucher is drawn. They shall examine the books of the tax-collector and tax-receiver, the sheriff, the superintendent of commissioner of public schools of the county, and all officers and persons through whose hands county funds may pass. If necessary they shall have such records

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and books examined and audited at any time as they see proper, by expert accountants. In the event the books and accounts of any officer of the county or any other person who is entrusted with funds belonging to the county or through whose hands county funds may pass, or any officer whose duty it is to collect funds, claims and dues for the county shall show a misuse of the funds of the county, or shall fail or neglect his duties in collecting any funds, claims or dues that may be due or belonging to the county, the said commissioner and the said advisory board shall take such legal steps as are necessary to cause any defaulting officer of the county, or any other person through whose hands funds belonging to the county may pass, to promptly answer such charges before the Judge of the Superior Court. The said commissioner and the said advisory board shall have authority to employ a county physician if necessary, and a county attorney if necessary, in such manner and for such compensation as may serve the provisions of the law and the best interest of the county. In case that a county physician and a county attorney are employed by the year, then the said commissioner and said advisory board may fix such salary as they may deem fit, not to exceed the sum of six hundred dollars each, per annum. County physician, attorney. Salary. Sec. 11. Be it further enacted, that the said commissioner shall keep or cause to be kept a proper and accurate book of minutes, wherein shall appear all orders, proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county warrants, wherein shall appear in detail all orders and warrants drawn on the county treasurer by him, for what purpose, and on what fund. He shall also keep a book in which he shall enter, in itemized form, all articles or things of whatever kind purchased by him for use and consumption by any department of the county government, giving the name of article, date when purchased, from whom purchased, the price paid therefor, and for which department purchased, and used. He shall keep a cash book, in which he

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shall enter daily any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the chain-gang of said county. He shall keep a book of inventory of all properties of the county consisting of live stock, chain-gang outfit, road-working machinery and tools, and every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year. He shall keep such other books and records as are necessary to show at all times the financial condition of the county. The same shall be open to inspection by any citizen or taxpayer of the county. Minutes. Accounts. Sec. 12. Be it further enacted, that it shall be unlawful for said commissioner to employ any person related to him within the third degree, by blood or marriage, or to contract with any such person for any equipment, material or supplies, or for any work to be done on the public roads, bridges or other work of the county; except when bids are received for any such work, equipment, materials or supplies, upon full specification and due and legal advertisements in reference thereto, and a person so related submits the lowest bid therefor. Relatives, provisions as to. (a) All purchases of supplies and all other materials shall be by competitive bids. The commissioner shall post a notice of all supplies and materials needed for the county, at least ten days before the purchase; the said notice to be posted at the court-house door of said county, or in some official newspaper in the county. A notice at the court-house door shall be considered due and legal advertisement. Written bids shall be submitted to the commissioner, together with the ordinary and clerk as aforesaid, who shall have the right to reject any and all bids if they see proper so to be. Bids. (b) It shall be unlawful for said commissioner, the ordinary or the clerk, or either of them to have any financial interest in the sale or purchase of any article to or from the

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county, or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, material or supplies for the county, or the awarding of any contract; and if either of the said parties shall violate any of the provisions of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 1065 of the Penal Code of Georgia, and shall forfeit his office, and such conviction shall create a vacancy in the office. Prohibited interest in sales or purchases. Sec. 13. Be it further enacted, that no material for public bridges, roads or buildings shall be purchased for the county, except upon written specification as to quality, and all such material must be suitable for the purpose intended, of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to the size and gauge, and such as are recognized by the State Highway Department and the United States Road Building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for such materials shall be strictly observed. Purchases. Sec. 14. Be it further enacted, that the said commissioner shall keep in constant touch with the office of the Highway Department and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office all free bulletins and pamphlets bearing on the subject of road building and maintenance, and familiarize himself with all such literature. Road building; co-operation. Sec. 15. Be it further enacted, that if the commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from misconduct, malfeasance or malpractice in office, or from any mental or physical disability, or from any other cause that unfits him for the duties of his office, he may be recalled in the following manner: Upon the presentation to the ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration

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list duly certified by the registrars of said county, said petition setting forth the reason and grievances of said petitioner and asking for the recall of said commissioner, the ordinary shall order an election to determine the recall not earlier than 20 days and not later than 60 days from the date of the presentation of such petition; such election to be governed in all respects by the laws, rules, and regulations governing the election of county officers. If in the election a majority of the votes cast are in favor of the recall, then the said commissioner's office shall be declared vacant, and an election shall be called to fill said vacancy within thirty days thereafter, but if a majority of the votes cast are against recall, then the said commissioner shall remain in office. Misconduct, etc. Recall. (a) In the event of a vacancy pending an election while the ordinary is performing the duties of said commissioner as hereinbefore provided, the Judge of the Superior Court shall name a freeholder to act in lieu of and perform the duties now provided for said ordinary in conjunction with the Clerk of the Superior Court relative to the financial affairs of said county. Vacancy. Sec. 16. Be it further enacted, that the Commissioner of Roads and Revenues shall hold a regular court on the first Tuesday in each month for the transaction of public business pertaining to county matters, the same to be held in the present room or office now occupied by the Board of County Commissioners of Dawson County, at the court-house in Dawsonville, Georgia; provided, that the commissioner, together with the said ordinary and clerk, may hold meetings at any time they deem proper for the transaction of county matters. The said commissioner is hereby authorized to administer oaths and hear testimony as to all matters over which he has jurisdiction. When sitting as a court, the said commissioner shall have power to punish for contempt under the same rules and regulations as provided for other courts. Meetings.

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Sec. 17. Be it further enacted, that before this Act shall go into effect and become a law, it shall be submitted to the qualified voters of the County of Dawson, at the general election held on the first Wednesday in November, 1936. If a majority of the votes cast thereat shall be in favor of this Act, then the same shall become a law and effective January 1, 1937, but should it fail to receive a majority of the votes cast in said election, then it shall not become the law. In case this Act is ratified by a majority of the votes cast at said election, then the ordinary shall call an election to elect the one commissioner on the first Saturday in December, 1936, in connection with the election for justices of the peace, in the various districts of the county. And the ordinary shall prepare and furnish all blanks, tickets and stationery pertaining and belonging to said election. Referendum. (a) In case this bill becomes law and one commissioner is elected, he shall be commissioned by the Governor as are other county officers. Sec. 18. Be it further enacted, that in case this Act becomes a law and a Commissioner of Roads and Revenues is elected, then on January 1, 1937, the present Commissioners of Dawson County shall turn over to said commissioner all properties, funds, machinery, tools, stock and everything of value belonging to Dawson County which may be in their possession at that time. Transfer of property, etc. Sec. 19. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1935. DECATUR COUNTY COMMISSIONERS. NO. 74. An Act to create a Board of Commissioners of Roads and Revenues for the County of Decatur, State of Georgia; to provide for the election, qualifications, and terms of office of the members thereof; to prescribe their powers, duties, qualifications, and compensation; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues is hereby created for the County of Decatur, said board shall consist of five residents who are citizens and qualified voters of said county, and who shall be elected by the qualified voters of the entire county, as hereinafter provided. One of said commissioners shall be a resident of that part of Decatur County embracing the territory in the corporate limits of the City of Bainbridge of said county, which district is to be designated as Commissioners District Number 1. One of said commissioners shall be a resident of that part of Decatur County embracing all of that territory of said county lying west of Flint River, and east of Seminole County, which district is to be designated as Commissioners District Number 2. One of said commissioners shall be a resident of that part of Decatur County embracing all of that territory of said county now including the Belcher and Parker Militia Districts, and all of Climax District lying north of a continuation of the land line between land lots 96 and 105 in the 19th District of said county, beginning at the Grady County line and running due west to the old Bainbridge and Tallahassee Public Road on the lot line between lots Numbers 276 and 275 in the 20th District of Decatur County, Georgia, thence running north along the center of said old Bainbridge and Tallahassee Public Road to the corporate limits of the City of Bainbridge, including all territory north and east of said boundary line lying east of the Flint River and outside of the corporate limits of the City of Bainbridge, which district is to be designated as Commissioners District Number 3. One of said Commissioners shall be a resident of that part of Decatur County embracing all of that territory of said county lying south of the aforesaid dividing line and shall be bounded on the north thereby, on the east by Grady County, on south by the Florida Line and on the West by the old Bainbridge and Tallahassee Road running south from Bainbridge to the Florida line via Fowlstown, which is to be designated as Commissioners District Number 4.

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One of said commissioners shall be a resident of that part of Decatur County embracing all of that territory of said county lying west of said old Bainbridge and Tallahassee Road, and bounded on south by the Florida line, west and north by Flint River and Bainbridge City limits, which is to be designated as Commissioners District Number 5. Board created. Districts. Sec. 2. Be it further enacted by the authority aforesaid, that said board of commissioners shall consist of five upright, discreet and intelligent freeholders to be elected by the qualified voters of the entire county, as hereinafter provided, and that any three members of said board shall constitute a quorum of said board and be capable and duly authorized to transact any business appertaining to their office. Quorum. Sec. 3. Be it further enacted by the authority aforesaid, that John E. Drake, residing in the territory heretofore designated as Commissioners District Number 1, shall be the member of the Board of Commissioners of said county from said district from and after January 1st, 1935, for a term of four years or until his successor is duly elected and qualified; that T. C. Funderburke, residing in the territory heretofore designated as Commissioners District Number 2, shall be the member of the Board of Commissioners of said county from said district from and after January 1st, 1935, for a term of four years, or until his successor is duly elected and qualified; that J. J. Howell, residing in the territory heretofore designated as Commissioners District Number 3, shall be the member of the Board of Commissioners of said county from said district, from and after January 1st, 1935, for a term of two years, or until his successor is duly elected and qualified; that W. B. Miller, residing in the territory heretofore designated as Commissioners District Number 4, shall be the member of the Board of Commissioners of said county from said district, from and after January 1st, 1935, for a term of four years, or until his successor is duly elected and qualified; that H. R. Garrett, residing in the territory heretofore designated as Commissioners District Number 5, shall be the member of the Board of Commissioners of

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said county from said district from and after January 1st, 1935, for a term of two years, or until his successor is duly elected and qualified. Commissioners named. Sec. 4. Be it further enacted by the authority aforesaid, that at the regular election for county officers next preceding the expiration of the term of each member of the present board, a successor to said member shall be elected by the qualified voters at said election for a term of four years, so that two members of said board shall be elected at every alternate election of said county, and the other three members at the next alternate election and they shall be elected in the same manner and at the same time as is provided for the election of county officers; and said board shall perform all duties hereinafter prescribed, and that in the event of the death, resignation or disability of either of said commissioners or persons who may be elected, said vacancy is to be filled by the remaining commissioners, to fill the unexpired term caused by said death, resignation or disability. Election of successors. Sec. 5. Be it further enacted by the authority aforesaid, that each member of said board shall, before entering upon his duties, shall take an oath before the ordinary or the Clerk of the Superior Court, to faithfully and honestly discharge all the duties of such Commissioner according to the laws and Constitution of the State of Georgia, which oath shall be subscribed by him and recorded upon the minutes of said board. Oath. Sec. 6. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues shall hold a regular meeting on the first Tuesday in every month at the court-house in said county, but they may hold special meetings at any time and place in said county that their duties may require. At all meetings three members shall constitute a quorum to transact business, and the concurrence of any three members shall be necessary to decide all questions. It shall be the duty of the sheriff, when required, to attend the meetings of

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said board, for which service he shall be allowed $3.00 per day. Meetings. Sheriff's attendance. Sec. 7. Be it further enacted by the authority aforesaid, that at the first meeting of the Board of said Commissioners, said Board of Commissioners shall elect from the board one of the members as their chairman, whose duties shall be to preside at all meetings, and who shall retain that position during his term of office. They shall also elect a vice-chairman in the same manner, who shall act in the chairman's place when the chairman is absent. Chairman, vice-chairman. Sec. 8. All of said Board of Commissioners of Roads and Revenues shall be paid out of the county treasury of said county a per diem of $3.00 for each day of their services rendered to said county, the same to be paid monthly. Pay. Sec. 9. Be it further enacted by the authority aforesaid, that the Board of Commissioners may be authorized to designate the chairman or any other member or members of said board the purchasing agent of said Board of Commissioners, and he or they shall under the direction of said Board of Commissioners, make purchases for said county. However, said chairman or other member chosen as purchasing agent of said Board of Commissioners may delegate his purchasing power and other powers herein conferred upon him to employees of said county, in cases of emergency, but in no event shall he delegate any employee with authority to make a purchase to exceed $25.00, without his express authority. Purchasing agent. Sec. 10. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall have the right, and is authorized to elect and appoint a clerk and pay him a reasonable salary, and said clerk shall take the same oath in the same manner as its members have and whose duties shall be prescribed by said Board of Commissioners and whose term of office shall be designated by said Board of Commissioners, unless sooner relieved for cause by said Board of Commissioners. Clerk.

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Sec. 11. Be it further enacted by the authority aforesaid, that said Board of 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 business and in practical road and bridge building and improvement. Said superintendent may at the same time be warden of convicts, but he shall not follow any other business or calling during his term of office. He shall have charge of the laying out, building, repairing, improving and maintaining the public roads and bridges of the county, and such other duties as said Board of Commissioners may prescribe under the direction and order of the Board of Commissioners. He shall receive such salary as may be fixed by said board and his term of office shall be such as may be fixed by said board, with authority reserved to said board to discharge him at any time and employ a successor. Superintendent of roads, etc. Sec. 12. Be it further enacted by the authority aforesaid, that said Board of Commissioners may appoint and employ a competent attorney to act as attorney for said county, whose term of office may be fixed by said Board of Commissioners, and said Board of Commissioners shall pay for such legal services such compensation as said board in its discretion may deem reasonable. Said Board of Commissioners may also in their discretion appoint said attorney to also act as their clerk, and shall pay for such services such compensation as said board in its discretion, may deem reasonable and as otherwise provided for in this Act. Attorney. Sec. 13. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall in their discretion, be authorized to employ any person or persons for the purpose of carrying out any of their powers and duties in the management and controlling of the affairs of said county, and to pay such person or persons out of the county treasury of said county, a reasonable compensation for such services. Employees.

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Sec. 14. Be it further enacted by the authority aforesaid, that said Board of Commissioners, shall have, and they are hereby vested with exclusive jurisdiction over the following matters: in directing and controlling all of the property of the county as they may deem expedient according to law; in levying taxes according to law; in establishing, altering or abolishing and changing elections, precincts and militia districts; in supplying by appointment, all vacancies in county offices and in ordering elections to fill them; in examining, settling and allowing all claims against the county; in examining and auditing the accounts of all officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement; in supervising the tax-commissioners books and allowing the insolvent list for said county, according to law in the settlement; and especially are they charged with the authority to examine and audit the books of the county-treasurer, the tax-commissioner, sheriff and all other officers of said county through whose hands may pass funds, and this may be done by the commissioners or their clerk or designated auditor, and they may require from such officers such report as may be necessary to keep said Board of Commissioners fully informed at all times of the financial conditions of the county; in controlling, caring for and managing the convicts of the county according to law; in making such rules, regulations and provisions for the support of the poor of the county; in preserving and promoting public health of the county with authority to quarantine against contagious diseases and epidemics as provided by law; in levying and collecting road tax and trying all road defaulters according to law; to sit at any time as a court for county purposes; to appoint any person or persons to discharge any duty and trust authorized by their powers, when no other person or persons are designated by law, and to regulate his or their compensation in their discretion; to concur in the approval with the ordinary of said county of all official bonds now required to be approved by the ordinary by

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law; and generally to exercise all of the powers which are by the constitution and laws of Georgia vested in the Ordinary when sitting for county purposes, and to exercise such other powers as are granted by law or as may be necessary to their jurisdiction over county matters or county finances, including all powers not contrary with this Act, which have been heretofore exercised by the Board of Commissioners of Roads and Revenues of Decatur County under the Acts approved Aug. 15th, 1904, and under all Acts amendatory thereof; in selecting and appointing all subsidiary officers and employees of the county whose election and appointment are not otherwise provided for by law, such as superintendents and guards of convicts, county physicians, health officer, county farm agent, janitor of the court-house and other employees or officials as may be required or authorized by law. Said board shall have entire management and control of the convicts of said county sentence to work upon the roads and public works of said county so long as said county maintains a chain-gang, and all convicts of the state assigned to work in said county by the proper authorities of the state, and shall so employ them according to law and under such plans of working, building, repairing and maintaining the public roads, bridges and public works of said county, as now provided by law in said county. Jurisdiction. Sec. 15. Be it further enacted by the authority aforesaid, that said Board of Commissioners may receive contributions to the building or improvement of the public buildings, bridges and property of the county from any person or persons, and such contributions received shall be used for the improvement of the roads and bridges or other county property. Authority to receive contributions. Sec. 16. Be it further enacted by the authority aforesaid, that whenever practical and in the discretion of the Board of Commissioners, all supplies, equipment and materials used by the county shall be purchased after notice and competitive bids received by said commissioners, and whenever said commissioners deem it advisable or

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necessary in their discretion that any property of the county be sold, they shall sell same after due advertisement in the official gazette of the county, at public outcry to the highest bidder for cash, before the court-house door. Purchases, bids. Sec. 17. Be it further enacted by the authority aforesaid, that said Board of Commissioners have the right to summons witnesses to appear before them setting as a court for county purposes, and to punish any and every person for contempt as the Judges of the Superior Courts of this state now have. Contempts. Sec. 18. Be it further enacted by the authority aforesaid, that if any section or portion of this Act shall be held invalid such invalidity shall not be construed to affect the validity of any other portion of this Act. Invalidity of part of Act. Sec. 19. 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 4, 1935. DODGE COMMISSIONER'S ADDED POWER. NO. 117. An Act to amend an Act approved August 19, 1912, which creates and establishes the office of Commissioner of Roads and Revenues in and for Dodge County, Georgia, as amended by the Act approved August 16, 1913, by vesting said commissioner with full power to sign, execute, and deliver all contracts for and on behalf of the County of Dodge, and all deeds and conveyances to property sold by said county; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 19, 1912, which creates and establishes the office of Commissioner of Roads and Revenues in and for Dodge County, Georgia, as amended by the Act approved August 16, 1913, is hereby amended by adding to section 3 thereof the following,

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to wit: Said commissioner shall be vested with full power to sign, execute, and deliver any and all contracts for and on behalf of the County of Dodge, and all deeds and conveyances to property sold by said county. Said section when so amended shall read as follows, to wit: Additional powers of commissioner. Section 3. Be it further enacted by the authority aforesaid, that said commissioner shall have exclusive jurisdiction over all county matters, and shall be invested with all the powers and duties as to the revenues of Dodge County, levying and collecting taxes, and over revenues of the county, and in disposing of said taxes and revenues which have been heretofore legally exercised by the Board of Commissioners of Roads and Revenues of the County of Dodge. Said commissioner shall have exclusive jurisdiction and control over all county property, and all roads and bridges in the county, and shall be charged with the duty of maintaining and keeping the same in proper condition, and shall be vested with all the powers and charged with all the duties as required of county authorities as prescribed by law in reference thereto. He shall have exclusive jurisdiction over all subject matters enumerated in section 4796 of the Civil Code of this State of 1911, and shall be vested with all the powers and duties conferred by the laws of this State upon ordinaries, when sitting for county purposes, and such as are conferred generally upon county authorities. Said commissioner shall be vested with full power to sign, execute, and deliver any and all contracts for and on behalf of the County of Dodge, and all deeds and conveyances to property sold by said county. Section as amended. Sec. 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1935.

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DODGE SCRIP OR WARRANTS; HOW DRAWN. NO. 161. An Act to provide that all scrip or warrants relating to any and all expenses connected with the Superior Court of Dodge County, the City Court of Eastman, such as compensation of jurors per diem, witness fees, fees and costs of officers, turn keys and per diem for dieting prisoners, salaries of baliffs, and any and all expense of court and jury fund shall be drawn by the Clerk of Dodge Superior Court upon the Treasurer of Dodge County; to provide that all scrip or warrants in payment of fees and cost due to officers by said county arising in the court of ordinary, and warrants for lunacy trials and vital statistic fees, and all expenses of elections called by the ordinary which are charged against the county, shall be drawn by the ordinary; to provide that all other warrants shall be drawn by the Commissioner of Roads and Revenues; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That all scrip or warrants relating to any and all expenses connected with the Superior Court of Dodge County, the City Court of Eastman, such as compensation of jurors per diem, witness fees, costs of officers, turn keys, per diem for dieting prisoners, salaries of baliffs, and any and all other expenses of court and jury fund shall be drawn by the Clerk of Dodge County Superior Court upon the Treasurer of Dodge County. Warrants on treasurer, how drawn. Sec. 2. That all scrip or warrants in payment of fees and cost due to officers by said county arising in the court of ordinary, and warrants for lunacy trials and vital statistic fees, and all expenses of elections called by the ordinary which are charged against the county shall be drawn by the ordinary upon the Treasurer of Dodge County.

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Sec. 3. That all other warrants drawn upon the County Treasurer of Dodge County shall be drawn by the Commissioner of Roads and Revenues. Sec. 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. DODGE SHERIFF'S BOND REDUCED. NO. 375. An Act to reduce the bond of the Sheriff of Dodge 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 Dodge 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 section 24-2805 of the Code of 1933; 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. Sheriff's bond reduced to $5,000. Sec. 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. Sec. 3. Be it further enacted, and it is hereby enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. DOUGLAS TAX-COMMISSIONER. NO. 329. An Act to abolish the office of tax-receiver and tax-collector of Douglas County, Georgia; to create the office of county tax-commissioner of Douglas County, Georgia, to fix the

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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 collectable as issued; to provide that all fees and commissions and other compensations 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 general funds of the treasury of Douglas County, Georgia; to provide for payment of said officer; 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); to provide for a referendum; and for other purposes. Section 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 Douglas County, Georgia are hereby abolished, to take effect December 31, 1936, and the duties of the two offices aforesaid are hereby consolidated into one office. Offices abolished; duties consolidated. Sec. 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Douglas County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties and liabilities of the said office of county tax-commissioner of Douglas County, Georgia, shall be the same as the rights, duties and the liabilities of the tax-receiver and tax-collector. The tax-commissioner shall give bond in some surety company authorized to do business in this State in the sum of ten thousand dollars ($10,000.00) for the faithful performance of his duties and accounting for all moneys that may come into his hands as tax-commissioner. Tax-commissioner. Bond.

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Sec. 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued by the tax-collector of Douglas County, Georgia, shall have full force and effect, and be collected as issued, and all fees, commissions, and all other compensations allowed tax-receiver, tax-collector of Douglas County, Georgia, at the time of this Act becomes effective or that might be legally allowed to such officers thereafterward, were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Douglas County, Georgia. Fees, etc. Sec. 4. Be it further enacted by the authority aforesaid, that the compensation of the tax-commissioner of Douglas County, Georgia, shall be a sum equal to fifty (50) per cent. of the fees, commissions, and all other compensations accruing to the tax-receiver and tax-collector of Douglas 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; the commissioners shall at their regular meeting each month issue warrant on general county fund, to said tax-commissioner, for the per cent. due him on tax received or collected each month, and from this sum he shall pay all clerical hire and expenses of the office except equipment, stationery and printing. Compensation. Sec. 5. Be it further enacted by the authority aforesaid, that the first election of county tax-commissioner of Douglas County, Georgia, shall be at regular time of electing county officers in 1936, term of office shall be for four years, as other county officers, vacancies shall be filled as provided for that of county treasury. Election, term of office. Sec. 6. 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 unconstitutional; the purpose of this Act being to put into effect the Constitution

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of this State as is contained in article eleven (XI), section three (III), paragraph one (I). Invalidity of part of Act. Sec. 7. Be it further enacted by the authority aforesaid, that within ninety (90) days after the approval of this Act the ordinary may according to his discretion call an election, upon application of one-fifth of the qualified voters of Douglas County, as shown by last general election held for electing tax-collector and tax-receiver of Douglas County, and when said election is called then this Act in full shall be advertised in county paper in which sheriff uses for legal sales for thirty days before said election is held, and said election shall be held in the same manner and under the provisions of law applicable to elections of members of the General Assembly of Georgia. Referendum. Those voting at said election in favor of adoption of tax-commissioner under the provisions of this Act shall have printed on their ballots For Tax-Commissioner of Douglas County. Those voting at said election against adoption of tax-commissioner under the provisions of this Act, shall have printed on their ballots Against Tax-Commissioner for Douglas County, and if a majority of the votes cast in said election shall be for Tax-Commissioner of Douglas County then this Act shall become operative in Douglas County and if no election is held within ninety (90) days from the passage or adoption of this Act according to the provisions of this Act as amended, then this Act shall automatically become operative in said County of Douglas, as of such methods, time and dates as specified in said Act. Sec. 8. Be it further 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 28, 1935.

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EARLY DEPOSITORY; REPEALING ACT. NO. 49. An Act to repeal an Act entitled an Act to abolish the office of county treasurer of Early County, Georgia; to create a county depository in and for Early County, and to provide for the receiving and disbursing of county funds, and for 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, and it is hereby enacted by the same, that the Act approved March 23, 1933 (Acts of the Legislature of 1933, page 525), entitled: An Act to abolish the office of county treasurer of Early County, Georgia; to create a county depository in and 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 be and the same is hereby repealed in toto. Repeal of Act abolishing office of treasurer, etc. Sec. 2. Be it further enacted that the law relating to the county treasurer of Early County, be and the same remain as it was prior to the enactment of the above entitled Act and that said office of treasurer of Early continue under the laws previous to the Act of 1933 abolishing the office of treasurer. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this law be, and the same are hereby repealed. Approved February 26, 1935. EARLY TREASURER'S SALARY. NO. 176. An Act to fix the salary of the Treasurer of Early County; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That from and after January 1st, 1935, the Treasurer of Early County shall receive, as full compensation for his services, a salary of $1,200.00 per annum, payable monthly, which shall be in lieu of all fees and commissions allowed by law. Said salary shall be paid from the County Treasury of Early County. Treasurer's salary $1,200. Sec. 2. That all laws and parts of laws in conflict with this Act, and so much of the Act approved March 23, 1933, as is in conflict herewith, be and the same are hereby repealed. Approved March 19, 1935. ECHOLS COUNTY OFFICERS' BONDS. NO. 148. An Act to require that Commissioners of Roads and Revenues of Echols County be required to give bond, and that the members of the School Board be required to give bond; and providing the amounts to be required, and to prohibit the Ordinary of the County of Echols accepting the oath of office of such officers until the bonds required herein are filed. It is hereby enacted by the people of the State of Georgia and it is hereby enacted by authority of the same: That on and after the first Monday in January of the year 1937, all members of the Board of County Commissioners of Roads and Revenues of the County of Echols be and they are hereby required to enter into a bond in the sum of five thousand dollars, constituting a joint and several obligation of each of the said members to the Governor of the State of Georgia, conditioned upon a faithful performance of their duties as required by law, as are now required of other officers of the county, including the Tax-Collector, Ordinary and Clerk of the Superior Court. Bond of commissioners.

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That on and after the date aforesaid it shall be unlawful for the ordinary to receive the oath or deliver the commission of office to said commissioners until and unless the bond provided for has been filed with him. That at and after the expiration of the term of office of the present County School Board of the County of Echols, each of said members upon being appointed and qualified, shall enter into a good and sufficient bond payable to the Governor of the State of Georgia in the penal sum of one thousand dollars, conditioned as are bonds required of tax-collectors and ordinaries. And the ordinary is hereby required to demand and receive such bond before receiving the oath of office and the delivery of commission. Bond of school board members. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 15, 1935. ECHOLS VOTING PRECINCT ADDED. NO. 312. An Act to provide for an additional Voting Precinct in the Mayday Voting Precinct, same being the 1306th Georgia Militia District, in and for Echols County. It is hereby enacted by the people of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an additional voting precinct be and the same is hereby established within the 1306th District, Georgia Militia, of Echols County, which shall consist of all that portion of said Militia District lying to the east of a north and south line constituting the eastern boundary of Lot 4, 12th District of said county, extending north to the northern boundary of Echols County, and south to the southern boundary of said Militia District; to be known as the Haylow Voting Precinct of the 1306th Georgia Militia District. New voting precinct.

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Sec. 2. That all of said Militia District lying to the west of the north and south line described in section 1 of this Act, be and constitute the Mayday Voting Precinct of said 1306th Georgia Militia District. Sec. 3. That the polling places within each of the precincts aforesaid shall be designated, and the holders of elections within each of said precincts shall be made as now provided by law. Sec. 4. That all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 26, 1935. ELBERT SHERIFF'S BOND; AMOUNT. NO. 41. An Act to fix the amount of the bond of the Sheriff of Elbert County, Georgia, at two thousand dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the bond given by the Sheriff of Elbert County, Georgia, to enable him to qualify, shall be two thousand dollars. Sheriff's bond $2,000. Sec. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935. EVANS TAX-COMMISSIONER'S BOND AND SALARY. NO. 203. An Act to amend an Act approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-collector of Evans County, Georgia; to create the office of Tax-Commissioner of Evans County, Georgia; to fix the

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term and compensation of said officer and the method and time of payment thereof; to provide for the levy of a tax by the Board of Commissioners of Roads and Revenues of Evans County, Georgia, to pay the salary of the tax-commissioner; to define the powers and duties of said tax commissioner; to provide for the election of said tax-commissioner and the method of filling vacancies; to fix the amount and kind of bond to be given by 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 tax-commissioner of Evans County, Georgia, except as herein excepted; 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 tax-commissioner herein provided for, and by him paid over to the proper authorities entitled to receive the same; to define the qualifications of said tax-commissioner; to provide for reports to the State; to clothe said tax-commissioner with all the powers of sheriff of Evans County, Georgia, relative to the collection and levy of all tax fi. fas. issued by such tax-commissioner, and to execute valid conveyances to the purchasers at tax sales held by said tax-commissioner for such services shall be the same as is now allowed the sheriff of Evans County, Georgia, for such services; and for other purposes, by amending section 4 of said Act so as to make the amount of the bond $10,000 instead of $25,000; by amending section 5 of said Act so as to make the salary of the tax-commissioner $2,000 instead of $1,500; by amending section 8 of said Act so as to provide that the tax-commissioner be allowed to keep all fees provided by law for the collection of State occupation taxes in addition to all other compensation; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That an Act Approved August 14, 1931, entitled An Act to abolish the offices of tax-receiver and tax-collector of Evans County, Georgia; to create the office of tax-commissioner of Evans County, Georgia; to fix the term and compensation of said officer and the method and time of payment thereof; to provide for the levy of a tax by the Board of Commissioners of Roads and Revenues of Evans County, Georgia, to pay the salary of the tax-commissioner; to define the powers and duties of said tax-commissioner; to provide for the election of said tax-commissioner and the method of filling vacancies; to fix the amount and kind of bond to be given by 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 tax-commissioner of Evans County, Georgia, except as herein excepted; 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 tax-commissioner herein provided for, and by him paid over to the proper authorities entitled to receive the same; to define the qualifications of said tax-commissioner; to provide for reports to the State; to clothe said tax-commissioner with all the powers of sheriff of Evans County, Georgia, relative to the collection and levy of all tax fi. fas. issued by such tax-commissioner, and to execute valid conveyances to the purchasers at tax sales held by said tax-commissioner; and to provide that the compensation of such tax-commissioner for such services shall be the same as is now allowed the sheriff of Evans County, Georgia, for such services; and for other purposes be and the same is hereby amended by striking from section 4 thereof the figures 25,000.00 and inserting in lieu thereof the figures 10,000.00 so that said section 4 as amended shall read as follows: Bond reduced to $10,000.

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Sec. 4. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said tax-commissioner of Evans 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 Georgia as surety, in an amount to be fixed by the Board of Commissioners of Roads and Revenues of Evans County, Georgia, but in no event to be less than $10,000.00, the costs of said bond to be paid by the Board of Commissioners of Roads and Revenues of Evans County, Georgia, from general funds; said bond to be approved by the Board of Commissioners of Roads and Revenues of Evans County, Georgia. Section as amended. Sec. 2. That the Act approved August 14, 1931, be further amended by striking from section 5 thereof the words and figures fifteen hundred ($1,500.00) and inserting in lieu thereof the words and figures two thousand ($2,000.00), so that said section 5 as amended shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, that the salary or compensation of said tax-commissioner of Evans County, Georgia, shall be two thousand ($2,000.00) dollars per annum, same to be paid monthly upon warrants issued by the Board of Commissioners of Roads and Revenues of Evans County, Georgia. Salary increase. Sec. 3. That the Act approved August 14, 1931, be further amended by adding to the end of section 8 the following language provided, however, that the tax-commissioner is authorized to keep all fees as now provided by law for the collection of State occupation taxes and shall be entitled to same in addition to all other compensation herein provided, so that said section 8 as amended shall read as follows: Sec. 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 Evans County for the return and collection of taxes in Evans County, Georgia, shall be collected by the tax-commissioner of Evans County, Georgia, and paid over to the

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Board of Commissioners of Roads and Revenues of Evans County, Georgia, when and as collected. Provided, however, that the tax-commissioner is authorized to keep all fees as now provided by law for the collection of State occupation taxes and shall be entitled to same in addition to all other compensation herein provided. Fees, etc. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. GLYNN COUNTY BOARD ABOLISHED. No. 223. An Act repealing an Act entitled An Act to create a Board of Commissioners of Roads and Revenue in the County of Glynn found in Georgia Laws 1870, pages 441-443, as amended by an Act approved December 15, 1898, and by Act approved August 19, 1916. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Act entitled An Act to create a Board of Commissioners of Roads and Revenue in the County of Glynn found in Georgia Laws 1870, pages 441-443, which became effective without executive approval and by lapse of time prescribed by the Constitution, with all amendments thereto, including the Act approved December 15, 1898, and the Act approved August 19, 1916, be, and the same is, hereby repealed and the Board of Commissioners of Roads and Revenue, in Glynn County, Georgia, abolished. Repealing Act. Sec. 2. This Act shall take effect from and after January 1, 1937. Sec. 3. All laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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GLYNN COUNTY COMMISSIONERS; NEW BOARD. No. 224. An Act to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, methods of selection, terms of office, powers, authority and liability of members thereof; to provide for the filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide for his bond; to provide for salaries of members of Board and Clerk; to provide for quarterly publication of receipts and disbursements; 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. There is hereby created and established in the County of Glynn a Board of Commissioners of Roads and Revenues consisting of three citizens of said county, one to be elected from the county at large outside of the City of Brunswick and two to be elected from the City of Brunswick in said county. Said commissioners shall be elected in the general election of 1936, and shall take office on January 1, 1937, and serve for a period of two years, their successors being elected every two years thereafter. They shall elect one of their number as chairman of said board. New board of commissioners. Election, term, chairman. Sec. 2. If a vacancy should occur by death or otherwise in the membership of said board it shall be filled in an election called by the ordinary within ten days of such vacancy to be held not later than thirty days from the occurrence of such vacancy, which election shall be held in the same manner as elections for members of the General Assembly, unless such vacancy shall occur within six months of the next succeeding general election, in which event the vacancy shall be filled by the other members of said board. Vacancy. Sec. 3. All members of said board before entering upon the duties thereof shall be required to have administered by the ordinary, the following oath, to wit: You do solemnly

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swear to faithfully administer the duties of Commissioner of Roads and Revenue of Glynn County, Georgia, and in all matters requiring your official action to act to the best of your skill and knowledge and in such manner as in your opinion will be most conducive to the welfare of said county, so help you God. Oath. Sec. 4. Said Board of Commissioners of Roads and Revenue shall have exclusive jurisdiction over the control of all county matters such as public roads, bridges, the working and hiring out of convicts, the maintaining or abolishing the county convict camp, county finances, the levying and collecting of taxes for 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 all matters of county finance otherwise vested in the ordinaries of this State in counties where there is no Board of Commissioners of Roads and Revenue and shall be vested with all the rights, powers and authority formerly vested in the inferior courts of this [Illegible Text] when sitting for county purposes prior to the constitution of 1868 except the calling of elections which shall be by the ordinary and matters pertaining to education, health, and such other matters as have been by general law vested in other officers or tribunals. Said board shall have authority in establishing, abolishing or changing election precincts, in auditing the books and records of all county officials, in settling all claims against or for the county, in the complete management, collection, control, handling and disbursement of all monies belonging to said county. Jurisdiction, duties. Sec. 5. The chairman of said board shall have a salary not to exceed $50.00 a month, and each of the other members thereof a salary not to exceed $25.00 a month, said salaries to be fixed from time to time by the board within their discretion. Said board is authorized to employ a clerk at a salary not to exceed $3000.00 a year, and to require of him such bond as in their judgment he should give for the faithful discharge of his duties, which bond shall be approved by the board as to amount and form. Salaries. Clerk.

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Sec. 6. It shall be the duty of the clerk of said board to keep all records, books, files and correspondence pertaining to the office and work of said board and to act as purchasing agent for said board, and to sign together with the chairman of said board all checks and vouchers drawn for and in behalf of said county but said clerk and the chairman of the board are not authorized to pay any bills or claims against the county which have not been first approved by a majority of said board. Records. Sec. 7. It shall be the duty of said board to publish quarterly in some newspaper of general circulation in said county a statement of all receipts and disbursements of funds handled by them for the preceding quarter, which statement shall show in detail all monies received and all monies disbursed and the balance on hand, and all the sources from which said funds were received and all bills and claims paid by them for the county. Financial statement. Sec. 8. This Act shall take effect from and after January 1, 1937. Act effective Jan. 1, 1937. Sec. 9. Said board shall in its absolute discretion have authority to levy and collect a tax for the purpose of retiring and pensioning, in an amount not to exceed 50% of the salary at the time of retirement, any employee of the county who shall have served as such employee on a salary basis for thirty years or more, under such rules and regulations as it may prescribe. Pensions. Sec. 10. Should any part of this Act be held to be unconstitutional, such holding shall not affect or destroy the validity of any other portion or part of the Act. Invalidity of part of Act. Sec. 11. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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GLYNN TAX-COMMISSIONER. No. 272. An Act to consolidate the offices and duties of tax-receiver and tax-collector of Glynn County, Georgia; to provide for a tax-commissioner of said county and prescribe his duties; to provide for the election of said tax-commissioner, his salary and his clerical help; to provide for the filling of any vacancy in said office; to prescribe the oath and bonds to be taken by said tax-commissioner and for the disposition of commissions and fees now paid the tax-receiver and tax-collector; to provide for the levying and collecting of a tax to pay the salary of said commissioner and his help, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That, in accordance with and by authority the 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 January 1, 1937, be and they are hereby consolidated into an official performing the duties of said two offices, who shall be known as Glynn County tax-commissioner. Consolidation of tax-offices. Sec. 2. Said tax-commissioner shall be elected for a term of four years at the time and in the manner that county officers are elected and the first commissioner hereunder shall be elected in 1936. The term of office of such tax-commissioner and his successors shall be four years as other county officers. Election term. Sec. 3. Said tax-commissioner shall be commissioned and qualified in the same manner as clerks of the superior courts. Sec. 4. 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 more than six months before the expiration of the existing term, the ordinary

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of the county shall call an election within ten days of such vacancy for the election of a successor to fill out the unexpired term, and if such vacancy occurs within less than 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 office for the remainder of said term, and the person so appointed shall be commissioned and qualified as clerk of the superior courts and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. Sec. 5. The salary of said tax-commissioner shall be three thousand dollars per year and shall be paid monthly, and in addition to said salary he shall be allowed the further sum of six hundred dollars per year, but no more, payable monthly, for clerical help. Said salaries shall be paid out of the county treasurer. Salary, additional pay. Sec. 6. Said tax-commissioner, whether elected or appointed, as herein provided, before entering upon the duties of his office, shall make the oath required of all civil officers, such an oath to well and truly administer the affairs and duties of his office of tax-commissioner of Glynn County, Georgia, and shall also give bond in the sum of $25,000.00 dollars to the ordinary of Glynn County, Georgia, for the faithful discharge of his duties with respect to taxes collected for said county, and also bond in the amount required by the State of Georgia for the faithful discharge of all duties respecting the collection of taxes due to the State of Georgia, both of said bonds to be given in accordance with the requirements of law respecting tax-collector and tax-receiver. Oath. Bond. Sec. 7. It shall be the duty of said tax-commissioner to do and perform all of the duties heretofore discharged by the tax-receiver and tax-collector of said county and to faithfully account for all monies received by him as taxes to the state and county. Duties.

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Sec. 8. After this Act takes effect, all commissions and fees heretofore retained by the tax-receiver and the tax-collector of Glynn County, shall be paid by the tax-commissioner into the treasury of said county and become a part of the general fund of the county. Fees, etc. Sec. 9. The County Authorities are hereby authoritzed to levy and collect a tax for the payment of the salary of said tax-commissioner and for his clerical help as herein provided. Tax to pay salary, etc. Sec. 10. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1935. GLYNN TAX-COMMISSIONER; ACT OF 1933 REPEALED. No. 274. An Act to repeal an Act entitled An entitled 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; to abolish the commissions now paid said tax-receiver and tax-collector, and fixing 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, approved March 24, 1933. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the same:

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Section 1. That a certain Act entitled 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; to abolish the commissions now paid said tax-receiver and tax-collector, and fixing 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, approved March 24, 1933, and found in Georgia Laws of 1933, pages 536-541 be, and the same is, hereby repealed. Sec. 2. This Act shall take effect from and after its passage and approval by the Governor. Sec. 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1935. GRADY TAX-COMMISSIONER'S CLERK. No. 54. An Act to amend an Act approved August 24, 1931, creating the office of Grady County Tax-Commissioner, by amending section seven of said original Act to provide for additional compensation for said tax-commissioner with which to pay his clerical help. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that section 7 of an Act approved August 24, 1931 whereby the office of Grady County Tax-Commissioner was created, be and it is hereby amended as follows, to wit:

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By striking the words out of said salary shall pay whatever which words are found following immediately the word tax-commissioner where it appears in line 9 of said section, and substituting in lieu of such stricken words the following: Shall be paid an additional $600.00 payable $50.00 each month with which to pay. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall when approved become effective as of January 1, 1935 and the full amount of $600.00 for clerical hire herein provided shall be paid to said tax-commissioner for the year 1935. Clerical help, pay for. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 26, 1935. HALL COMMISSIONERS; ACT REPEALED. NO. 209. An Act to repeal an Act to create a board of Commissioners of Roads and Revenues, in the County of Hall and to define their powers and duties, and for other purposes, as shown by Georgia laws 1886, page 265, approved December 23, 1886, and to repeal all amendments thereto. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled An Act to create a Board of Commissioners of Roads and Revenues in the County of Hall; to define their powers and duties, and for other purposes, as shown by Georgia Laws 1886, page 265, together with all amendments thereto, be and the same are hereby repealed. Repeal of Act creating board. Sec. 2. Be it further enacted that this Act shall not affect any valid contract in existence at the time it becomes effective, to which Hall County is a party. Contracts not affected.

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Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act be and they are hereby repealed. Approved March 21, 1935. HALL COMMISSIONERS; BOARD CREATED. NO. 210. An Act to create a Board of Commissioners of Roads and Revenues in the County of Hall; to name the persons who shall compose this board until January 1, 1937; to prescribe the number of persons composing the board, fix their compensation; terms of office, the manner of their election; to define the powers and duties of the board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That a Board of Commissioners of Roads and Revenues in and for the County of Hall is hereby created, to become effective simultaneously with an Act to abolish the Board of Commissioners of Roads and Revenues for the County of Hall and with the repeal of an Act approved December 23, 1886, creating said board of commissioners and defining their powers and duties, and all acts amendatory thereof; which said repealing Act was enacted at the session of the General Assembly of 1935. New board of commissioners. Sec. 2. Said board shall consist of three members and until their successors are elected and qualified, shall be composed of Perino Davis, Tom Randolph, P. C. Smith, the present commissioners. Each member of said board, including those herein named, before entering upon the discharge of their duties shall take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully discharge the duties of Commissioners of Roads and Revenues in and for the County of Hall and in all matters which require my official action, I will so act as that in my judgment will be most conducive to the welfare and prosperity of the entire

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county and that I am not the holder of any public funds in the State unaccounted for. Members of board named. Oath. Sec. 3. A special election shall be held in said county on the 15th day of May, 1935, for the election of three members of the Board of Commissioners of Roads and Revenues of said county who shall hold office until January 1, 1937. Said election shall be held under the rules and regulations governing elections for members of the General Assembly and governing other special elections. The returns thereof shall be made to the ordinary who shall ascertain and declare the result. The members elected at said special election shall serve until January 1, 1937, and until their successors are elected and qualified. Thereafter the term of office of the members of the Board of Commissioners of Roads and Revenues of said county shall be four years, and three members of the board shall be elected at the general election in 1936 for a term of four years, beginning January 1, 1937. Elections shall thereafter be held every four years. No person shall be elected a member of said board who is at the time of his election less than 25 years of age, of good moral character, and experienced and qualified in the transaction of business. Should a vacancy occur the same shall be filled as provided in Section 15 of this Act. Election, term of office. Sec. 4. That two of said board shall constitute a quorum for the transaction of the business of said county and two must concur to pass any order or let any contract, pledge the credit of the county, or grant or allow any claim against the county or to direct the payment of any warrant against the public funds belonging to said county. Quorum. Sec. 5. That said board shall have regular monthly meetings on the second Monday in each month for the transaction of such business as may legitimately come before it with the power to adjourn over from day to day until the business necessary to be considered has been completed. Meetings. Sec. 6. Said board may have a call meeting for specific purposes but no business shall be transacted at the call meeting that was not specifically provided for in the call

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and each person composing the board shall have at least five days notice of the time of any special or call meeting which notice shall be in writing and entred on the minutes of the board. Sec. 7. That said board be and it is hereby empowered to elect a clerk and prescribe his or her compensation whose duties shall be to keep a correct and accurate munute of the proceedings of said board and record all contracts and other documents required by law to be recorded on the minutes of said board, to keep a correct and accurate account of the monies received and disbursed by said board, to prepare warrants, checks, vouchers, and other papers necessary for the transaction of the business of said board. He or she shall keep a book of inventory of all county property, including road machinery, live stock, chain-gang outfits, roadworking 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, and 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 be open to inspection by any citizen or taxpayer of the county. Clerk; duties. Sec. 8. That before entering upon the duties of office the person designated as clerk of the Board of Commissioners of Roads and Revenues in and for said county shall take and subscribe the following oath: I do solemnly swear (or affirm) that I am not the holder of any public funds in the State of Georgia unaccounted for and that I will faithfully perform the duties of clerk of the Board of Commissioners of Roads and Revenues in and for the County of Hall, keep an accurate record of the official transactions of said board and faithfully enter the same upon the minutes and keep a true and correct account of the monies received and disbursed by said board. In addition to this oath said clerk shall give a bond payable to the Board of Commissioners of Roads and Revenues in and for the County

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of Hall in the sum of $1,000.00 conditioned for the faithful performance of his or her duties as such clerk. The terms of office of said clerk shall be at the pleasure of the board. Oath. Bond. Bond. Sec. 9. That said board shall make no contract for service or for the purchase of any article or material whatsoever with any person who is related to any one of its members within the fourth degree of consanguinity or affinity, 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 Hall County. Contracts, purchases. Sec. 10. That said board may in its discretion employ a County Superintendent whose term of office shall be at the pleasure of the board and in no event can such superintendent's term of service be fixed for a longer period in advance than twelve months. His compensation to be fixed by the board not to exceed $2,100.00 per annum. The board shall prescribe the duties of such superintendent and before entering upon the duties of his office he shall take and subscribe the following oath: I do solemnly swear (or affirm) that I will faithfully perform the duties of County Superintendent in and for the County of Hall so long as these duties are discharged by me, faithfully account for all the property belonging to said county entrusted to my care and that I will endeavor to preserve and protect the property and interest of said county and that I am not the holder of any public funds in the State of Georgia unaccounted for. In addition to this oath such superintendent shall execute a bond payable to the Board of Commissioners of Roads and Revenues in and for the County of Hall in the sum of $5,000.00 conditioned for the faithful performance of his duties as such superintendent. Supterintendent. Pay. Oath. Bond. Sec. 11. That whether a County Superintendent shall be designated at all is discretionary with the Board of Commissioenrs of Roads and Revenues in and for said county.

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Sec. 12. That the compensation of each member of the Board of Commissioners shall be $500.00 per annum payable in monthly installments. Pay of board. Sec. 13. That said board when sitting for county purposes shall have exclusive jurisdiction over the following subject matters: Jurisdiction. 1. In governing and controlling all county property, letting, hiring, or leasing county convicts. 2. Levying taxes for county purposes in accordance with law. 3. In examining, auditing, allowing and settling all claims against the county. 4. In examining and auditing the accounts of all officers or persons having the care, management, keeping, collecting, or disbursing of money belonging to the county, or appropriated for its use and bring them to settlement. 5. In making such rules and regulations for the support of the paupers of the county and the promotion of the health of the county as are not inconsistent with the laws of the State. 6. In establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with law. 7. In the appointment of road commissioners and in the general management of the roads, bridges and revenues of the county, including the exercise of all powers over county matters and officers in said county as may be exercised in other counties of this State by the ordinaries where no county commissioners exist; to grant or refuse to grant license to do or perform any act for which a license from the county or county authorities is required by law. 8. They shall generally have and perform all the duties vested by law in the county ordinaries when sitting for county purposes.

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Sec. 14. That the treasurer of said county, or any person, firm or corporation performing the duties of county treasurer shall not be authorized to pay out any fund belonging to said county until so authorized in writing by order of said board of commissioners. Sec. 15. That if 20 per cent. of the qualified voters of Hall County shall at any time file with the ordinary of said county a petition in writing stating that in their opinion any person who is a member of the Board of Commissioners of Roads and Revenues in and for said county has been guilty of misconduct in office or that he is inefficient and fails to properly perform the duties of such office that said ordinary shall forthwith call an election at a date to be fixed by said ordinary not more than thirty days from the time of the filing of said petition at which election the qualified voters of said county shall have the opportunity of expressing a choice as to whether such person or persons against which said petition is filed shall be recalled from office and if at such election a majority of the qualified voters of said county shall vote in favor of recalling any one or more of the persons composing said board, from office, the ordinary shall forthwith declare the result, enter the same of record and thereupon the office of any such person so recalled shall be terminated and vacated and the ordinary shall appoint a successor to serve until a special election shall be held in said county as other elections are held, at which a successor shall be elected to fill the unexpired term of any such member. Such special election shall be held under the same rules and regulations as govern special elections for county officers. The ordinary shall call the same within sixty days from the date of the vacancy: Provided, that if any vacancy occurs within ninety days of a general election, the same shall be filled at the general election and if such vacancy occurs within ninety days of the end of the term the successor appointed by the ordinary shall fill out the unexpired term. Recall election for. Sec. 16. All members of said Board of Commissioners of Roads and Revenues of said county shall be commissioned by the Governor as other county officers are commissioned. Commission by Governor.

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Sec. 17. That the board of county commissioners shall have the books and accounts of the county 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 together with the tax-collector, tax-receiver, and other county officers that they may deem advisable, each year thereafter, during the month of January, they must have the books and accounts of said 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 first each year, shall be made, and such audits shall be completed and furnished to the next succeeding grand jury of the superior court of Hall 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 the official newspaper for the county, 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. Books, accounts. Sec. 18. That all laws and parts of laws in conflict with any provision contained in this Act be and the same are hereby repealed. Approved March 21, 1935. HARALSON COMMISSIONER AND CLERK. NO. 66. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues and for other purposes, for the County of Haralson, State of Georgia, approved August 16th, 1915, so that said Act, when so amended, will provide for one commissioner instead of

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three; to fix his salary and expenses; to provide for a clerk of said board; and to provide for the election of said commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that an Act creating a Board of Commissioners for the County of Haralson, approved August 16th, 1915, be and the same is hereby amended as follows: Section 1 of said Act is hereby amended so that the board of commissioners shall consist of one (1) commissioner, instead of three (3), who shall be a qualified voter in said county. One commissioner. Sec. 2. Be it further enacted by the authority aforesaid, that section 2 of said Act be and the same is hereby amended so that said commissioner shall be elected by the entire vote of said county. Election. Sec. 3. Be it further enacted by the authority aforesaid, that section 3 of said Act be and the same is hereby amended so that said commissioner, when elected, shall take the oath prescribed by law for county officers and shall hold his meetings as provided by the further provisions of this Act. Oath. Sec. 4. Be it further enacted by the authority of same, that section 4 of said Act be and the same is hereby amended so that the term of office of said commissioner shall be four (4) years and running concurrently with county officers. Term. Sec. 5. Be it further enacted by the authority aforesaid, that section 5 of said Act be and the same is hereby amended so that said commissioner shall give bond in the sum of three thousand ($3,000.00) dollars, payable to the Governor of said State, conditioned for the faithful discharge of his duties. Bond. Sec. 6. Be it further enacted by the authority aforesaid, that section 6 of said Act be and the same is hereby repealed. Section repealed. Sec. 7. Be it further enacted by the authority aforesaid, that section 7 of said Act be and the same is hereby repealed and the following substituted therefor: The

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said commissioner shall have the same jurisdiction over county matters as is conferred on Board of Commissioners in this State. New section 7. Jurisdiction. Sec. 8. Be it further enacted by the authority aforesaid, that section 7a of said Act be and the same is hereby amended so that all of said section is hereby repealed and the following substituted therefor: Said commissioner shall appoint a clerk, who shall keep a minu e of all of the official acts of said commissioner, which minute shall be open for the inspection of the public on the day following the regular meeting of said commissioner and a failure of said clerk to so keep open said office at said time shall vacate his office. Besides keeping a full and accurate minutes of the official acts of said commissioner, he shall keep a docket on which shall be entered all bills presented for payment by said commissioner, duly sworn to in the order presented and shall not be ordered paid, except at a regular meeting of said commissioner. Clerk. Sec. 9. Be it further enacted by the authority aforesaid, that sections 8, 9 and 10 be and the same are hereby repealed. Sections repealed. Sec. 10. Be it enacted by the authority aforesaid, that section 11 of said Act be and the same is hereby repealed and the following substituted in lieu thereof: Said commissioner shall be elected at the same time and place as other county officers of said county. Upon receipt of his commission, taking the oath, and giving bond, he shall at once enter upon his duties as the duly constituted Commissioner of Roads and Revenues of said county. He shall give his personal attention to the duties of supervising the public roads of said county, and shall receive a salary of $1,500.00 per annum, which he shall pay by order, duly signed, quarterly during each year; and he shall also, in addition to the above salary, receive $1.00 per day for each day he uses his car in the performance of his official duties. He shall be allowed $25.00 per month for the salary of his clerk. He shall meet at 9 o'clock a. m. on the first Tuesday of each

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month, and may adjourn to a subsequent day, or he may, in his discretion, call a special meeting of the board when an extra-ordinary reason exists. New section 11. Election of commissioner, duties, salary, etc. Sec. 11. Be it further enacted by the authority aforesaid, that sections 12, 13 and 14 be and the same are hereby repealed. Sections repealed. Sec. 12. Be it further enacted by the authority aforesaid, that section 15 of said Act be amended so as to read as follows: All officials of the County of Haralson, whose office supplies are to be furnished by said county by law, shall file with said commissioner a written requisition for such supplies and said commissioner shall furnish same after purchase from the lowest responsible bidder and if any purchase shall be otherwise made by any county official, the same shall not be paid for by said commissioner. Purchases. Sec. 13. Be it enacted by the authority aforesaid, that section 17 of said Act be and the same is hereby repealed. Section repealed. Sec. 14. Provided that the provisions of this bill shall not become effective until the expiration of the present term of the Board of Commissioners of Roads and Revenues of said county who shall continue to hold said office unitl December 31, 1936. But said one commissioner shall be elected as other county officers at the general election on the 1st Tuesday in November, 1936, his term of office beginning January 1, 1937. Effective when. Sec. 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 is hereby repealed. Approved March 4. 1935. HARALSON TAX-COMMISSIONER. NO. 206. An Act to abolish the offices of tax-receiver and tax-collector of Haralson County, Georgia; to create the office of county tax-commissioner for Haralson County, Georgia, to fix the term and compensation of said office; to provide that

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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 county tax commissioner so far as the same is 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 collected as issued; to provide that all fees and commissions and other compensations 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 Haralson County, Georgia; to provide for the necessary expenses of said office; to provide the election of said tax-commissioner, and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the provisions of the Constitution of this State as contained in article 11, section 3 and paragraph 1; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the offices of tax-receiver and tax-collector of Haralson County, Georgia, shall be abolished upon and after January 1, 1937, and the duties of the two offices aforesaid shall be consolidated into one office upon and after said date. Consolidation of tax offices. Sec. 2. That the office of county tax-commissioner of Haralson County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties and liabilities of the said office of county tax-commissioner of Haralson 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. Tax-Commissioner, duties. Sec. 3. That 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 4 years from Jan. 1, 1937.

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Sec. 4. That said tax-commissioner shall be elected at the general election for county officers in the year of 1936, and at the general election for county officers each four years thereafter, in the same manner, time and place as clerks of the superior court are elected. Election. Sec. 5. 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 said vacancy occurs within six months of the expiration of the existing term, the County Commissioners of Haralson 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 by law clerks of the superior court are commissioned and qualified, 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 County Commissioners of Haralson 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 Haralson County to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Haralson County, and thirty (30) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the time he serves.

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Sec. 6. That the compensation of the county tax-commissioner of Haralson County, Georgia, as hereinafter fixed, shall be full compensation for any nd all the duties performed by him as tax-receiver and tax-collector of the county, school district, and any and all other taxes, except State or special taxes, including corporation capital stock taxes. Said salary is hereby fixed at $1,200.00 per annum, to be paid in monthly installments of $100.00 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. The said tax-commissioner shall be entitled to the commission now allowed by law to tax-collectors for collecting all State and Special Taxes, including corporation capital stock taxes, collected by him. Salary. Commissions. Sec. 7. That said county tax-commissioner shall be commissioned and qualified as the clerks of the superior court are. Qualification. Sec. 8. That before entering upon the duties of his office, the said county tax-commissioner shall take the oaths now prescribed by law for tax-receivers and tax-collectors, and shall give bond in an amount to be fixed and determined by the county commissioners of said county, which should 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 Haralson County, Georgia, as part of the expenses of county government. Oath. Bond. Sec. 9. That all taxes that are due and payable at the time said county tax-commissioner assumes office as such, and all fi. fas. theretofore issued by the tax-collector of Haralson County, Georgia, shall have full force and effect, and be collectible as issued. Tax collection. Sec. 10. That all fees, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Haralson 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

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collected by said county tax-commissioner and paid into the treasury of Haralson County, Georgia. The Board of County Commissioners of Haralson County, Georgia, are hereby authorized and empowered to levy a tax to pay the salary of the tax-commissioner, such salary to be paid in the same manner as the salaries of other county officers. Fees, etc. Tax to pay salary. Sec. 11. That said county tax-commissioner shall be vested with the powers and shall perform each, every and all duties now required by law of both the tax-receiver and tax-collector of Haralson County, Georgia, and in the manner prescribed by law; and shall be subject to all the pains and penalties, and have all the powers and privileges of said two offices and officers. Powers, duties, etc. Sec. 12. That said tax-commissioner is hereby required to make at least two rounds to each militia district in the county outside of the Buchanan District for the purpose of receiving tax returns, and at least two rounds to each militia district outside of the Buchanan District for the purpose of making tax collections. Rounds. Sec. 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. HART COMMISSIONERS; ACT REPEALED. NO. 256. An Act to repeal an Act approved August 2, 1918, creating a Board of Commissioners of Roads and Revenues for the County of Hart; providing for the election of members thereof; defining their duties and powers and fixing their salaries and terms of office; and providing for filling vacancies and dividing the county into four Road Districts and for other purposes, and all amendments thereto; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That an Act approved August 2, 1918, creating a Board of Commissioners of Roads and Revenues for the County of Hart, defining their duties and powers, fixing their salaries and terms of office, and providing for filling vacancies and dividing the county into four Road Districts, for other purposes, and all Acts amendatory thereof, be and the same are hereby repealed. Repeal of Act creating board. Sec. 2. That this Act shall take effect January 1, 1937, provided an Act providing for a sole commissioner and an advisory board of three members shall be ratified by the people of Hart County. If said Act is not ratified by the people, then this Act shall not become effective. Effective on ratification of other Act. Sec. 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 22, 1935. HART COMMISSIONER'S OFFICE CREATED. NO. 245. An Act to create the office of Commissioner of Roads and Revenues of Hart County; to define his eligibility, term of office, bond and oath, fill vacancies; to establish a place of the office of said commissioner; to provide for the sessions of said Commissioner of Roads and Revenues when sitting for county purposes, and otherwise; fix his compensation; to authorize the appointment of clerks and employees, fix their compensation and duties; establish chain-gang; provide for minutes and records of said office, reports to the grand jury, sale of county property, use of county property; inspection of records; designating said commissioner as purchasing agent for said county; as treasurer of Hart County, and as such fixing his duties and powers; prohibiting said commissioner from entering into contracts with himself and others; prescribe his jurisdiction and powers; provide for the auditing and payment of claims against the county; segregation of taxes; election of commissioner; conferring supervision

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of court-house, county jail and county poor in the ordinary; creating an advisory board; providing for its election, term of office, compensation, eligibility, bond and oath, compensation 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 aforesaid, that the office of Commissioner of Roads and Revenues of Hart County be, and the same is hereby created. Office created. Sec. 2. Persons eligible for election to the office of Commissioner of Roads and Revenues of said county, in addition to the qualifications now prescribed by law for elective county offices, shall be at least thirty years of age; shall have been a citizen of the county for at least six years next preceding the date of his election; shall be a freeholder; of good moral character, and experienced in matters of business and finance. Such Commissioner of Roads and Revenues shall not be eligible to hold any other county office while serving as Commissioner of Roads and Revenues of said county, except he may act as his own clerk. Qualifications. Sec. 3. Said Commissioner of Roads and Revenues shall be elected by the qualified voters of said county, and shall hold said office for a term of four years and until his successor is elected and qualified, as provided by law. Term. Sec. 4. Before entering upon the discharge of the duties of the office of Commissioner of Roads and Revenues, said commissioner shall give bond in the sum of ($5,000.00) five thousand dollars with some responsible surety company authorized to do business in this State as surety, payable to and approved by the ordinary of said county, conditioned for the faithful performance of the duties of said office, and to well and truly account for all funds and effects of said county that may come into his custody, possession and control, or expended by his direction, such bond to be filed in the office of the ordinary and entered upon the records thereof, the premium on such bond to be paid by said county out of its funds available for such purposes on the

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warrant drawn therefor by said Commissioner of Roads and Revenues, countersigned by the Ordinary of Hart County. Such commissioner shall take an oath to faithfully perform all the duties of his office to the best of his skill and knowledge, and to account for all monies, properties and effects of said county going into his possession, custody or control, and/or expended under or by his direction. Bond. Oath. Sec. 5. In the event of a vacancy in the office of Commissioner of Roads and Revenues by reason of death, resignation, or otherwise, the Ordinary of Hart County shall appoint a commissioner for the remainder of the unexpired term of such commissioner. Vacancy. Sec. 6. The office of said Commissioner of Roads and Revenues shall be in the court-house of Hart County in Hartwell, Georgia, wherein shall be transacted the business and duties devolving upon the office of Commissioner of Roads and Revenues by virtue of this act, and as otherwise provided by law. Said Commissioner of Roads and Revenues shall devote his entire time to the duties of said office and shall keep his office open at least eight hours a day during the year, Sundays and holidays excepted. Office in court-house. Whole time required. Sec. 7. Said Commissioner of Roads and Revenues shall hold monthly sessions at the court-house of said county on the first Monday in each month, and may adjourn from day to day, and hold such special sessions as may be deemed expedient for the transaction of the business of the county. The commissioner may, by written resolution entered upon the minutes in his office, and by publication thereof for at least two consecutive weeks in the newspaper published in said county in which legal advertisements of said county are published, change the date of holding his sessions to such other time or times as he may deem convenient. Sessions. Sec. 8. The salary of said Commissioner of Roads and Revenues shall be ($1800.00) eighteen hundred dollars per annum, payable monthly out of the funds of the county available for such purposes on the warrant drawn therefor

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by said Commissioner of Roads and Revenues, and countersigned by the Ordinary of Hart County. Salary. Sec. 9. Said Commissioner of Roads and Revenues is authorized to appoint a clerk, define his duties and fix his compensation not to exceed $75.00 per month, payable monthly out of the funds of the county available for such purposes on the warrant drawn by said commissioner. Said clerk shall be required to give such bond with security in an amount fixed by said commissioner and approved by and payable to said commissioner for the faithful performance of his duties as clerk of said Commissioner of Roads and Revenues, said bond to be filed and recorded in the Ordinary's office of Hart County. Clerk, salary. Bond. Sec. 10. Said Commissioner of Roads and Revenues is authorized to employ and fix the compensation of the county physician for the purpose of giving proper medical treatment to the paupers, convicts and prisoners of said county. He shall have authority to employ and fix the compensation of a county attorney or attorneys, prescribe their duties in advising said commissioner in all legal matters in the administration of the affairs of said county, and to represent said county in all suits and claims against it, and to represent said county in all matters in which the county may have an interest to preserve and to protect; said Commissioner of Roads and Revenues is authorized to employ and fix the compensation and duties of wardens, guards, and such other employees as may be necessary in building, maintaining and repairing the public roads and bridges of said county, and in operating the chain-gang thereof, and in all other matters within the jurisdiction of said Commissioner of Roads and Revenues. Powers. County physician. Attorney. Sec. 11. All employees of said county shall be subject to the direction of said Commissioner of Roads and Revenues in the administration of the affairs thereof, and may be discharged by him whenever he shall determine it to be to the interest of the county so to do. Discharge of employees.

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Sec. 12. Said Commissioner of Roads and Revenues is empowered to establish and/or abolish the chain-gang in said county, as is now or as may hereafter be provided by the laws of this State, and shall have entire control of all convicts imprisoned therein, and shall work said convicts upon the public works of said county in accordance with law. Said Commissioner of Roads and Revenue shall recommend to the Prison Commission of Georgia competent persons for appointment to positions of county convict warden and convict guards. Chain-gang. Sec. 13. Said Commissioner of Roads and Revenues shall keep accurate minutes of all his acts and proceedings; shall keep, or have kept, a modern method of bookkeeping and accounting in which shall be entered all receipts, purchases, expenses and disbursements of his office, itemized and dated, showing the amounts of all unpaid debts, warrants, checks, drafts, accounts, and such other obligations that may have been incurred, expended, made or issued by said Commissioner, so as to reflect the true financial condition of the county. All contracts made and entered into by said Commissioner of Roads and Revenues for the use and benefit of said county shall be in writing, signed by the contracting parties and entered upon the minutes of the office of Commissioner of Roads and Revenues of Hart County within ten days from the date of the execution thereof, and unless so executed and entered upon the minutes of the office of Commissioner of Roads and Revenues, such contracts shall be null and void. Minutes, accounts, etc. Contracts. Sec. 14. Said Commissioner of Roads and Revenues shall submit to the Grand Juries at the February and August terms of the Superior Court of said county of each year a written report showing the financial condition of the county, together with a statement of all receipts and disbursements made by him during his term of office; and shall also submit to said grand juries an itemized inventory of all real and personal property belonging to the county and its condition; it shall also be the duty of said Commissioner of Roads and Revenues to publish semi-annually in the

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official organ of said county a complete statement showing all funds received by him, the source from which received, and to whom and for what purposes disbursed. The cost of publishing such statement is to be paid out of county funds available for such purpose. Reports. Sec. 15. Said Commissioner of Roads and Revenues is authorized to sell, from time to time, at public outcry before the court-house door in Hartwell, Georgia, after publishing notice of the time and place of sale in the official organ of said county for at least two consecutive weeks next preceding the date of such sale, such real and personal property as may be deemed by him not to be essential in efficiently carrying on the business of the county. Sales. Sec. 16. Said Commissioner of Roads and Revenues and other county employees under his jurisdiction shall not use any of the county's property for personal and/or private purposes, but all such property shall be used at all times for public purposes. Use of county property. Sec. 17. The records of the office of Commissioner of Roads and Revenues shall be subject to inspection by any citizen of the county at all times, provided such inspection shall not be done so as to seriously interfere with the necessary business of said office. Inspection of records by citizens. Sec. 18. Said Commissioner of Roads and Revenues is hereby constituted the purchasing agent for the several offices and departments of the county, and no contract binding the county shall be made by any other person, officer or employee of said county, except those made by said Commissioner of Roads and Revenues, as provided for in this Act. All elective county officers desiring equipment, materials and supplies for their respective offices shall make requisition on the Commissioner of Roads and Revenues in writing for such equipment, materials and supplies, from time to time, which equipment, materials and supplies shall be purchased as provided for in this act by said Commissioner of Roads and Revenues, if in his opinion the same is found to be necessary in the efficient administration of the

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affairs of such elective officers. However, said Commissioner of Roads and Revenues is not authorized arbitrarily to refuse to make such purchases for equipment, materials and supplies, as herein provided for. Purchases. Sec. 19. Be it further enacted by the authority aforesaid, that said Commissioner of Roads and Revenues shall be and is empowered and authorized to act as Treasurer of Hart County, and as such shall be the custodian of all of the funds of said county, and shall in the discharge of the duties as treasurer of said county be subject to and be controlled by all of the laws now of force, or which may hereafter be of force in the state applicable to county treasurer, and shall take the same oath and give the same bond as now required of county treasurers. To act as treasurer. Sec. 20. Said Commissioner of Roads and Revenues is prohibited from contracting with himself or with any firm, person or corporation, of which he is a member or in which he owns stock, either directly or indirectly, for any work to be done, or supplies to be furnished and used by the county, or any officer thereof. Prohibited interest in contracts. Sec. 21. Said Commissioner of Roads and Revenues, when sitting for county purposes, shall have and exercise all of the powers heretofore vested in justices of inferior courts and in the ordinary, and shall have exclusive jurisdiction over the following subject matters, to wit: Powers and duties. (1) In directing and controlling the property of the county, as he may deem expedient, according to law; (2) in levying a general tax for county purposes and a special tax for particular county purposes; (3) in establishing, altering, or abolishing all roads, bridges and ferries, in conformity with the law; (4) in establishing and changing election precincts and militia districts; (5) in supplying by appointment all vacancies in county offices, and in ordering elections to fill them; (6) in examining, settling, and allowing all claims against the county, except as herein provided; (7) in examining and auditing the accounts of all officers having the care, management, keeping, collection or disbursement of

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money belonging to the county, or appropriated for its use and benefit, and bringing them to settlement; (8) in making such rules and regulations for the support of the poor of said county, for police and patrol, for promotion of health and quarantine, as are authorized by law, and not inconsistent therewith; (9) in regulating peddling and fixing the cost of license therefor; (10) and shall have concurrent jurisdiction with the ordinary of said county and with other tribunals in all cases over the question of the removal of obstructions from roads, as provided in section 83-119, Code of Georgia, 1933; (11) in collecting all commutation tax payable by persons subject to road duty; (12) to sit as a court in the trial of all road tax defaulters and render such judgments and impose such penalties as is authorized by law; issue, or cause to be issued, all writs, notices, orders, warrants and subpoenas as may be necessary in the trial of road tax defaulters, in the name of said Commissioner of Roads and Revenues, and directed to such officer of this county as may be by law authorized to serve the same; and shall have the authority to administer oaths and punish for contempt; (13) and exercise such other powers, not inconsistent with the general laws of this state, as may be necessary in connection with the administration of the affairs of said office. Sec. 22. The general laws now of force in this State, or which may hereafter be of force, with reference to claims against counties, county orders and contracts by counties, as codified under chapter 23, sections 1601 to 1611, chapter 23, sections 1701 and 1714, code of Georgia, 1933, when not inconsistent with this act, shall apply to the office of Commissioner of Roads and Revenues of Hart County. Laws applicable. Sec. 23. Nothing in this act shall be construed as modifying, limiting, repealing or abridging the power and authority of the Judge of the Superior Court of Hart County from issuing warrants or orders on the county treasury or county depository for the payment of court expenses, as now provided by law; nor the clerk of the Superior Court from issuing

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script for jury service rendered in Hart Superior Court to grand and traverse jurors. Powers of judge and clerk of superior court not abridged. Sec. 24. All annual taxes levied by said Commissioner of Roads and Revenues under the Constitution of this State and all laws passed pursuant thereto shall be kept by said Commissioner of Roads and Revenues, and all officer or officers having custody thereof and charged with the duty of disbursing the same separate and shall not be used or appropriated by said Commissioner of Roads and Revenues, or any other officer or officers of the county, for any other purpose or purposes than those for which said taxes were levied and collected; and if at the end of the year in which any such taxes were levied and collected there should be a surplus of any such funds, the same shall be held intact by such officer or officers, and be used during the next ensuing year or years for the sole purpose, and/or purposes for which any such tax or taxes were levied and collected, and said Commissioner of Roads and Revenues, or other tax levying authority or authorities of said county, shall reduce the tax levy for such ensuing year or years in an amount equal to any such surpluses standing to the credit of the account or accounts for which such tax or taxes were levied and collected. Taxes. Sec. 25. The first Commissioner of Roads and Revenues under this act shall be elected at the general election held in and for this State at which other county officers for said county is held, on Tuesday after the first Monday in November, 1936, and quadrennially thereafter, and under the same rules and regulations as elections for other county officers of said county are held and conducted; the term of office of the first Commissioner of Roads and Revenues elected under this Act shall begin on January 1st, 1937. Election. Term of office. Sec. 26. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same, that the Ordinary of Hart County shall have charge of the county court-house, the county jail and the county pauper farm, and is invested with the general supervision thereof,

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and shall have power to promulgate all necessary rules and regulations in the care and management of the same, and shall receive such compensation for his services in connection therewith as may be agreed upon by said Ordinary and said Commissioner of Roads and Revenues, the same to be paid out of county funds available for such purpose. County property. Sec. 27. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an advisory board to the office of Commissioner of Roads and Revenues to be known as the Advisory Board to the Office of Commissioner of Roads and Revenues be, and the same is hereby established. Advisory board. Sec. 28. Said Advisory Board shall be composed of three members elected by the grand jury at the August Term, 1936, of Hart Superior Court, one of which shall serve for a term of two years, one for a term of three years and one for a term of four years, the terms of office for the three members first elected to begin January 1st, 1937, and shall be elected thereafter by said grand jury at the August Term of said court next preceding the date upon which their respective terms of office expire. The grand jury in the election of the members of said board shall designate in its general presentments the terms to which each of said members is elected; the members of said board so elected shall be commissioned by the Judge of the Superior Courts of the Northern Circuit upon a certificate of election issued by the clerk of said court for Hart County. Sec. 29. Persons eligible for election to membership on said board in addition to the qualifications now prescribed by law for elective county offices, shall be at least thirty years of age; shall have been a citizen of the county for at least six years next preceding the date of his election; shall be a freeholder of good moral character, and experienced in matters of business and finance. Qualifications of members. Sec. 30. Before entering upon the discharge of the duties as members of said board, said members shall each give a bond in the sum of five hundred ($500.00) dollars in a

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surety company authorized to do business in this State, payable to and approved by the ordinary of said county, conditioned for the faithful performance of the duties devolving upon them as members of said board, and shall take an oath to faithfully perform such duties to the best of their skill and knowledge. The bond herein provided for shall be filed in the office of the Ordinary of Hart County and recorded on the minutes thereof. The premium on said bonds shall be paid out of the county funds on the warrant of the Commissioner of Roads and Revenues. Bond. Sec. 31. In the event of a vacancy in the membership of said board by reason of death, resignation or otherwise, such vacancy shall be filled by the Judge of the Superior Courts of the Northern Circuit, the member or members so appointed to fill any such vacancies to serve out the unexpired term of the members or members he or they may have been appointed to succeed. Vacancy in board. Sec. 32. The compensation of the members of said board shall be fixed by the grand jury serving at the term of court at which they are elected, which compensation shall not exceed the sum of $100.00 per year for each of said members, the same to be payable monthly by warrant drawn therefor by the Commissioner of Roads and Revenues of Hart County. Pay of members. Sec. 33. Said board shall be required to attend all of the regular, adjourned or special meetings held by the Commissioner of Roads and Revenues, and shall sit with him in an advisory capacity in the discharge of the duties of his office, but the decisions of said Commissioner of Roads and Revenues shall be controlling as to all matters coming within his jurisdiction as provided for in this Act. It shall be the duty of the Commissioner of Roads and Revenues to notify each of the members of said board of all adjourned or special meetings held by him. Duties of board. Sec. 34. No contract shall be made and entered into by the Commissioner of Roads and Revenues for and in behalf of said county of any kind or character where the amount

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involved in any transaction is over the sum of $50.00, unless the same shall have been reduced to and approved in writing by at least two members of said board, the approval of said two members of said board to be evidenced by their signatures attached to said contract, which approval shall be substantially in the following language: The foregoing contract considered and approved. Unless so approved, the same shall be null and void. Contracts. Sec. 36. The Commissioner of Roads and Revenues shall be commissioned as other elective county officers are commissioned. Commission. Sec. 36. Be it further enacted by the authority aforesaid, that a violation of any of the provisions of this Act, and particularly section 15, 18, 22 and 34 shall constitute malfeasance and is declared to be a misdemeanor, and upon conviction therefor shall be punished as prescribed in section 1065 of the Penal Code of Georgia. Violation of Act, penalty. Sec. 37. This Act shall be submitted to the qualified voters of Hart County at an election to be called by the ordinary of said county, for ratification or rejection; notice of said election shall be given by advertising in the public gazette of said county for thirty days prior to the date thereof. The ordinary may provide for holding said election on the date on which the next Democratic Primary for the nomination of candidates for county officers in Hart County shall be held, and said election may be held in connection with said primary election. The returns of said election shall be made to the ordinary of said county who shall ascertain and declare the results. Those voters desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots For a Sole Commissioner of Roads and Revenues with an Advisory Board. Those desiring to vote against the ratification of this Act shall have written or printed on their ballots Against a Sole Commissioner of Roads and Revenues with an Advisory Board. Said election shall be held under the rules and regulations governing elections for members of the General Assembly. If a majority of the qualified voters

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voting at said election shall vote in favor of the ratification of this Act the same shall become effective on January 1, 1937, and an Act of the General Assembly repealing the Act of August 2, 1908, and acts amendatory thereof, abolishing the present Board of Commissioners of Roads and Revenues of Hart County shall become effective. If a majority of the qualified voters voting at said election shall not vote in favor of the ratification of this Act the same shall not become effective and the Act repealing said Act of August 2, 1908, shall not become effective. Referendum. Sec. 38. 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 22, 1935. HART TAX-COMMISSIONER. NO. 65. An Act to abolish the offices of tax-receiver and tax-collector of Hart County, Georgia, to create the office of tax-commissioner of Hart 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 tax-commissioner of Hart County, Georgia, so far as the same are applicable; to provide that all taxes at the time the provisions of this Act became 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 to the treasurer, or the bank designated as a depository for county funds; to provide for the election of said tax-commissioner and the

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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 Hart, said offices shall be and they are hereby abolished. Offices abolished. Sec. 2. Be it further enacted by the authority aforesaid, that the office of tax-commissioner of Hart County, Georgia, is hereby created in lieu of said office, and that the rights, duties, and liabilities of said office of tax-commissioner of Hart 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. Tax-commissioner; office created. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes now due and payable, and all tax fi. fas. heretofore issued by the tax-collector of Hart County, Georgia, shall have full force and effect and be collectible as issued. Collection of taxes. Sec. 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensation allowed to the tax-receiver and tax-collector of Hart County, Georgia, at the time of this Act becomes, 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 Treasurer or to the bank designated as a depository for county funds. Fees, etc., go to county. Sec. 5. Be it further enacted by the authority aforesaid, that the term of office of said tax-commissioner shall be four years, and the first election of county tax-commissioner

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of Hart 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. Election. Vacancies. Sec. 6. Be it further enacted by authority aforesaid, that said Hart 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 cost for issuing tax fi. fas. a fixed salary of $2,000.00 per annum to be paid in monthly installments of $166.66 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 a fund created by a special tax levied by them to pay same. Salary. Sec. 7. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax-commissioner shall take the oath now prescribed by law for the tax-collector and 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 surety-ship on said bonds shall be paid out of the funds of Hart 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. Sec. 8. Be it further enacted by the authority aforesaid, that said tax-commissioner of Hart County be and he is hereby required to furnish the commissioners of roads

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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. Monthly statements. Sec. 9. Said tax-commissioner shall have an office in the court-house, which office shall be kept open each day in the year, Sunday and legal holidays expected. Office at court-house. Sec. 10. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1935. IRWIN COMMISSIONERS; AMENDING ACT. NO. 116. An Act to amend the Act approved February 16th, 1933 (Georgia Laws 1933, pages 571-583), which Act created a Board of Commissioners of Roads and Revenues for the county of Irwin and prescribes the manner of election, duties, powers, compensation, and term of office of the commissioners, by amending certain sections thereof so as to reduce the bond required of the chairman of said board; to provide for the handling of county taxes and moneys by the tax-collector of said county; to provide for the designation of some bank as a county depository; to fix the salary of the chairman and members of said board; to provide for the manner of election of chairman of said board; to provide that the county attorney elected by said board shall serve at the pleasure of the board; to provide that the tax-collector of the county shall deposit all county funds collected by him in the county depository; to provide for the advertisement of statements of audits; to provide that the chairman of said board, acting as road superintendent, shall furnish

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his own car and operate the same at his own expense; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 4 of the Act creating the Board of Commissioners of Roads and Revenues for the County of Irwin which section provides that the chairman of said board of commissioners shall give bond in the sum of $20,000, be and the same is hereby amended by striking the figures $20,000, in line 5 of said section and inserting in lieu thereof the figures $5,000, so that said section as amended shall read: Chairman's bond reduced to $5,000. 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 $5,000 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. Section as amended. Sec. 2. That section 6 of said Act which fixes the salaries of the chairman and members of the board, be and the same is hereby amended by striking the words $3.00 per day; 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 in lines 3, 4, 5 and 6 of said section, and inserting in lieu thereof the words $150.00 per year, payable monthly; and by striking the words and symbols $..... per month plus actual

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necessary expenses, in lines 7 and 8 of said section and inserting in lieu thereof, the words $2100.00 per year, payable monthly, and such other necessary expenses as are approved by the board, so that said section as amended shall read: Section 6. Be it further enacted by the authority aforesaid, that the salaries to be received by the commissioners, except the chairman, shall be $150.00 per year, payable monthly. The chairman of the board of commissioners shall receive a salary of $2100 per year, payable monthly, and such other necessary expenses as are approved by the Board. At the first regular meeting in each month, each commissioner shall furnish to 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 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. Salary of chairman $2100, commissioners $150 per year. Sec. 3. That section 7 of said Act, which prescribes the manner of election of the members and chairman of said board, be and the same is hereby amended by striking the words and provided further, that the candidate receiving the greatest number of votes at such primary election shall be the nominee for chairman of the board of commissioners, in lines 6, 7, 8 and 9 of said section; and by adding at the end of said section the following: The candidates for election as chairman of said commission shall run as such in the primary, and the same shall be so designated upon the ballot, so that said section as amended shall read as follows: Primary election.

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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. All candidates shall in their race designate the commissioner whom he aspires to succeed. The candidates for election as chairman of said commission shall run as such in the primary, and the same shall be so designated upon the ballot. Section as amended. Sec. 5. That section 9 of said Act, which provides for the election of a county attorney, prescribes his duties, term of office and salary, be and the same is hereby amended by striking the words The term of 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, in lines 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of said section and inserting in lieu thereof, the following: Said county attorney shall serve at the pleasure of the board and said board may at any time dismiss such attorney and employ a successor, so that said section as amended shall read as follows: County attorney. 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

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board as other warrants for expenses are issued and paid. Said county attorney shall serve at the pleasure of the board and said board may at any time dismiss such attorney and employ a successor. 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. Section as amended. Sec. 6. That section 13 of said Act, which provides for a county depository and requires county funds to be deposited therein, be and the same is hereby amended by adding at the end thereof the following: Provided, however, all county funds collected or received by the tax-collector of the county shall be deposited by the tax-collector with the county depository designated by the Board, which funds shall be paid out only as provided by law and only upon warrants signed as hereinabove provided, and it is hereby made the duty of the tax-collector receiving or collecting county funds to make a monthly statement to the board of such deposits accompanied by a duplicate deposit receipt issued by the depository, so that said section as amended shall read: County depository. 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

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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. Provided, however, all county funds collected or received by the tax-collector of the county shall be deposited by the tax-collector with the county depository designated by the Board, which funds shall be paid out only as provided by law and only upon warrants signed as hereinabove provided, and it is hereby made the duty of the tax-collector receiving or collecting county funds to make a monthly statement to the board of such de-deposits accompanied by a duplicate deposit receipt issued by the depository. Section as amended. Sec. 7. That section 14 of said Act, which provides for an audit of the books and accounts of various county officers and for the publication of a statement of said audit in The Ocilla Star, be and the same is hereby amended by striking the words The Ocilla Star in line 21 of said section and inserting in lieu thereof the words the official organ of the county, so that said section as amended, shall read as follows: Financial statement, publication of. 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 the 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 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

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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 the official organ of the county, 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 of the previous month. Section as amended. Sec. 8. That section 20 of said Act which provides that the chairman of the board shall serve as road superintendent and shall be furnished with an automobile at the expense of the county, to be operated at the expense of the county on the business of the county, be and the same is hereby amended by striking the last two sentences of said section which provide: 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, so that said section as amended shall read as follows: Automobile. 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. Section as amended. Sec. 9. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935.

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IRWIN TAX-COMMISSIONER. No. 145. An Act to abolish the office of Tax-Receiver and Tax-Collector of Irwin County, Georgia, and create the office of Tax-Commissioner of Irwin County, Georgia; to prescribe the term of office, qualifications, the manner of election and commissioning, the amount of bond, salary, powers and duties of said tax-commissioner; to provide the manner and time of filling vacancies in the office of tax-commissioner; to provide for the levy of a tax to pay the salary of said tax-commissioner; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the offices of Tax-Receiver and Tax-Collector of Irwin County, Georgia, shall be abolished upon and after January 1, 1937, and the duties of the two offices aforesaid shall be consolidated into one office upon and after said date. Offices consolidated. Sec. 2. That the office of County Tax-Commissioner of Irwin County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties, and liabilities of the said office of County Tax-Commissioner of Irwin 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. Tax-commissioner: office created. Sec. 3. That said tax-commissioner shall hold office for a term of four years; the first term beginning January the first 1937, and ending December the thirty-first 1940. Term of office. Sec. 4. That said tax-commissioner shall be elected at the general election for county officers in the year of 1936, and at the general election, for county officers each four years thereafter, in the same manner, time, and place as clerks of the Superior Court are elected. Election.

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Sec. 5. 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 said vacancy occurs within six months of the expiration of the existing term, the County Commissioners of Irwin 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 by law clerks of the Superior Court are commissioned and qualified, 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 County Commissioners of Irwin 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 Irwin County to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Irwin County, and thirty (30) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the time he serves. Sec. 6. That the compensation of the County Tax-Commissioner of Irwin County, Georgia, shall be a salary of eighteen hundred dollars ($1800), per annum, payable monthly. Salary $1800.

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The Tax-Commissioner of Irwin County, if he deems it necessary that he have additional help from time to time to aid and assist him in performing his duties as such tax-commissioner, that he shall first get the approval of the Board of County Commissioners, and upon the approval of said board, they shall be authorized to fix the compensation for said additional help and shall be authorized to pay said help from the general funds of the county. Pay for help. Sec. 7. That said county tax-commissioner shall be commissioned and qualified as the clerks of Superior Court are. Commission. Sec. 8. That before entering upon the duties of his office the said county tax-commissioner shall take the oaths now prescribed by law for tax-receivers and tax-collectors, and shall give bond in an amount to be fixed and determined by the County Commissioners of said county, which should 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 Irwin County, Georgia, as part of the expenses of county government. Oath, bond. Sec. 9. That all taxes that are due and payable at the time said county tax-commissioner assumes office as such, and all fi. fas. theretofore issued by the Tax-Collector of Irwin County, Georgia, shall have full force and effect, and be collectible as issued. Collection of taxes. Sec. 10. That all fees, commissions, and all other compensation allowed to the Tax-Receiver and Tax-Collector of Irwin County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Irwin County, Georgia. The Board of County Commissioners of Irwin County, Georgia, are hereby authorized and empowered to levy a tax to pay the salary of the tax-commissioner, such salary to be paid in the same manner as the salaries of other county officers. Fees, etc., to go to county. Tax for salary.

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Sec. 11. That said county tax-commissioner shall be vested with the powers and shall perform each, every, and all duties now required by law of both the Tax-Receiver and Tax-Collector of Irwin County, Georgia, and in the manner prescribed by law; and shall be subject to all the pains and penalties, and have all the powers and privileges of said two offices and officers. Duties. Sec. 12. That 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 Irwin County, Georgia, voting thereon at an election to be called and held 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 on the first Tuesday in October 1935, thirty days notice of which shall be given by said ordinary by publication in a gazette of general circulation, printed in said Irwin County. 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. The said ordinary shall have printed on the ballot used in said election the following: Referendum. 1. For abolishing the offices of tax-receiver and tax-collector and creating the office of tax-commissioner. 2. Against abolishing the offices of tax-receiver and tax-collector, and 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 abolishing the offices of tax-receiver and tax-collector and creating the office of tax-commissioner, and those opposed to abolishing the offices of tax-receiver and tax-collector and creating the office of tax-commissioner shall vote Against abolishing the offices of tax-receiver and tax-collector, and creating the office of tax-commissioner.

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Sec. 13. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. JASPER BOARD OF COMMISSIONERS; REFERENDUM. No. 438. An Act to amend an Act approved July 23, 1923, entitled, An Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and to define the duties, compensation and powers of same, and for other purposes, and all Acts amendatory thereof, by providing for a Board of Commissioners of Roads and Revenues for the County of Jasper, to consist of five members; by fixing the compensation of the members of said board and of the clerk of said board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved July 23, 1923, entitled, An Act to create a Board of Commissioners of Roads and Revenues for the County of Jasper and to prescribe and to define the duties, compensation and powers of same, and for other purposes, and all amendments thereto, be and the same is hereby amended by striking all of section 1 of said Act of July 23, 1923, and inserting in lieu thereof a new section to be numbered section 1 and to read as follows: Section 1. That from and after the passage and approval of this Act, there shall be established in the County of Jasper of this State a Board of Commissioners of Roads and Revenues, to consist of five members, who shall be elected at a special election to be called by the ordinary and to be held within thirty days from April 10, 1935. The commissioners elected at said special election shall hold

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office until January 1, 1937, and shall thereafter be elected for four years as now provided by law. Board of commissioners; election, term of office. Sec. 2. That said Act of July 23, 1923, be further amended by inserting after the word compensation in the fourth line of section 7 the words as hereinafter provided, so that said section 7, as amended, shall read as follows: Sec. 7. Be it further enacted, that said board may elect a clerk to be known as the clerk of the Board of Commissioners of Roads and Revenues of the County of Jasper, may prescribe his duties, fix his compensation as hereinafter provided and require a bond for the faithful performance of his duties, which said clerk shall hold office during the pleasure of said board; and it shall be the duty of the clerk of said board to attend the sessions of said commissioners, to keep a minute of the proceedings in a well-bound book to be provided at the expense of the county, and to perform such other duties as may be required by him by said board. Clerk of board; pay, bond, etc. Sec. 3. That said Act approved July 23, 1923, be further amended by striking all of Section 12, which fixes the compensation of the members of such board, and inserting in lieu thereof a new section to be numbered section 12 and to read as follows: Section 12. The board shall elect one of its members chairman, who shall receive a salary of one thousand dollars per annum, from which he shall pay the compensation of the clerk. The other members of the board shall receive four dollars per day for their services, when sitting for county purposes, and shall receive neither directly nor indirectly any further sums: Provided, that no member shall receive more than twenty dollars during any month for his services. Pay of chairman and members; limit. Sec. 4. That the special election provided for by section 1 of this Act shall be held under the same rules and regulations as elections for members of the General Assembly. The returns of such election shall be made to the ordinary who shall canvas the same and ascertain and declare the result.

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The members elected shall be commissioned by the Governor as now provided by law and upon the qualification of the members of said board elected at said special election the Board of Commissioners of Roads and Revenues of said county as now provided shall be, and the same is hereby, abolished. Elections. Sec. 5. This Act shall not become effective unless approved by the people at a special election for the purpose to be held on April 10, 1935, at which this Act shall be submitted to the qualified voters of Jasper County for ratification or rejection. Those desiring to vote in favor of the ratification of this Act shall have written or printed upon their ballots the words, For a Board of Commissioners of five members. Those desiring to vote against the ratification of this Act shall have written or printed upon their ballots the words, Against a Board of Commissioners of five members. If a majority of the qualified voters voting at said election shall vote in favor of the ratification of this Act, this Act shall become immediately effective, and the ordinary shall call the special election herein provided for to elect said Board of Commissioners. The returns of said election shall be made to the ordinary who shall canvass the same and ascertain and declare the result. Said special election may be held in connection with any other special election provided by law to be held on said date, and all questions required by any local or special Act to be submitted to the qualified voters of Jasper County on said date shall be submitted on one ballot. Referendum. Sec. 6. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1935. JASPER TAX-COMMISSIONER; REFERENDUM. No. 328. 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

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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; 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 for Jasper County, Georgia; to provide for referendum for the ratification of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: 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 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 first day of January, 1937, be and they are hereby consolidated into one office to be known as county tax-commissioner of Jasper County, Georgia. Consolidation of offices.

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Sec. 2. That the office of county tax-commissioner of Jasper County, Georgia, is hereby created; and the rights, duties, and liabilities of the office of cunty 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. Tax-commissioner; duties, etc. Sec. 3. 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 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. Term of office Sec. 4. 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. Sec. 5. 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 required of tax-collector's bonds.

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(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 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. (d) The premiums on the above required bonds shall be paid by the County of Jasper, just as other county expenses are paid. Sec. 6. The said tax-commissioner shall receive as full compensation for his services the commissions now allowed by law to tax-collectors, including the commissions allowed for the collection of special State taxes. All commissions accruing to the tax-receiver of said county shall be placed in the county treasury except the commissions allowed the tax-receiver for receiving the State taxes, which shall be paid into the State treasury. Compensation. Sec. 7. 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 of Jasper County, Georgia, shall have full force and effect and be collectible as issued by said county tax-commissioner. Collection of taxes.

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Sec. 8. 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 except the commissions allowed the tax-receiver for receiving the State taxes, which shall be paid into the general funds of the State; 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. Sec. 9. 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 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,

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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 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. Sec. 10. 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. Invalidity of part of Act. Sec. 11. That before this Act shall go into effect the same shall be ratified at an election to be held on the tenth day of April, 1935, notice of which election shall be published in the Monticello News for the space of ten (10) 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

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said election be declared by him. Said election shall be held in connection with and at the same time as any other special election required by law to be held on said date and all questions required by any local bill or bills to be submitted to the people on the same date may be submitted on one ballot. Referendum. Sec. 12. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. JASPER TREASURER'S SALARY; REFERENDUM. NO. 364. An Act to fix the compensation of the County Treasurer of Jasper County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That effective on the first day of January, 1937, the County Treasurer of Jasper County shall receive, as full compensation for his services, and in lieu of the commissions and compensation provided by law, a salary of six hundred ($600.00) dollars per annum, payable in monthly installment, which shall be paid by warrant on the county treasurer drawn by the county commissioners as other county expenses are paid. In addition to said salary the county shall pay the premium on the official bond of the said treasurer. Salary, $600. Sec. 2. That this Act shall not become effective unless ratified by the people of said county at an election to be held on the tenth day of April, 1935. The ordinary of said county is hereby directed to call the same by giving notice in at least ten days previous to the date of said election and to provide for holding said election in the same way and manner as elections for members of the General Assembly are held, and subject to the same rules

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and regulations. Those desiring to vote in favor of the ratification of the Act shall have written or printed on their ballot: Referendum. For Salary for County Treasurer. Those desiring to vote against the ratification of this Act shall have written or printed on their ballots: Against Salary for County Treasurer. The returns of said election shall be made to the ordinary who shall canvass the same and ascertain and declare the result. Said election shall be held in connection with and in the same time as any other special election required by law to be held on said date and all questions required by any local bill or bills to be submitted to the people on the same date may be submitted on one ballot. Should a majority of the qualified voters, voting at said election vote in favor of the ratification of this Act the same shall become effective on January 1, 1937. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. JEFF DAVIS SHERIFF'S BOND. NO. 6. An Act to fix the amount of the bond of the Sheriff of Jeff Davis County, Georgia, 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 from and after the passage and approval of this Act, that the bond to be given by the Sheriff of Jeff Davis County, Georgia, to enable him to qualify as such, shall be the sum of three thousand dollars. Sheriff's bond, $3,000. Sec. 2. Be it further enacted by the authority aforesaid, that the Judge of the Superior Courts of the judicial circuit in which said County of Jeff Davis is located shall

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at any time, either upon his own motion or upon the application of any other party interested, have the right to increase the amount of said bond to an amount not exceeding five thousand dollars, whenever in the discretion of said judge said increase is deemed necessary and advisable. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 5, 1935. JEFF DAVIS TAX-COMMISSIONER. NO. 340. An Act to abolish the office of tax-receiver and tax-collector of Jeff Davis County, Georgia; to create the office of county tax-commissioner of Jeff Davis County, Georgia; to fix the term and compensation of said office; to provide that the laws now in force as to tax-receiver and tax-collector shall be of full force and effect as to county tax-commissioner so far as the same are applicable; to provide that all fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation of the tax-receiver and tax-collector, except the fees allowed by law to tax-collectors for collecting State occupation and special taxes, shall be paid into the Treasury of Jeff Davis County, Georgia; to provide for the election of tax-commissioner of said county and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in article eleven (XI), section three (III), paragraph one (I); and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the offices of tax-receiver and tax-collector of Jeff Davis County, Georgia, are hereby abolished,

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and the duties of the two offices aforesaid are hereby consolidated into one office, effective January 1st, 1937. Consolidation of offices. Sec. 2. That the office of tax-commissioner of Jeff Davis County, Georgia, is hereby created in lieu of said abolished offices, when effective as provided in section one (1) of this Act, and that the rights, duties and liabilities of the said office of tax-commissioner of Jeff Davis County, Georgia, 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, and except as herein provided. Tax-commissioner; duties, etc. Sec. 3. That the taxes now due and payable, and all tax fi. fas. heretofore issued by the tax-collector of Jeff Davis County, Georgia, shall have full force and effect and be collectible as issued by the tax-commissioner. Sec. 4. That all fees, commissions and all other compensation now allowed to the tax-receiver and tax-collector of Jeff Davis County, Georgia, from both State and County ad valorem taxes shall be collected by the tax-commissioner and paid into the county depository of said county of Jeff Davis and the same shall be accounted for by the County Depository thereof the same as said depository accounts for all other funds belonging to said county. Fees, etc., to go to county. Sec. 5. That the first election of county tax-commissioner of Jeff Davis 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 that the person so elected shall enter upon the duties of the office hereby created on January 1, 1937, and shall serve for a term of four years. If a vacancy should occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election, term of office. Sec. 6. That the compensation of the county tax-commissioner of Jeff Davis County, Georgia, shall be a sum equal to fifty per cent of the fees, commissions and all other

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compensations now accruing to the tax-receiver and tax-collector of Jeff Davis County, Georgia, from the return and collection of State and county ad valorem taxes, and same shall be paid proportionately, monthly as near as the same can be established, until the same is changed by law. In addition thereto, the tax-commissioner shall receive all fees and commissions now or hereafter allowed by law for the collection of State occupation and/or special State taxes. Compensation. Sec. 7. 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 [Illegible Text] give bond in double the amount of money reasonably estimated to pass through his hands annually in a legally qualified bonding company, the amount of the bond and the acceptance of it to be agreed upon by the Ordinary of Jeff Davis County, the cost of said bond to be paid by the county tax-commissioner. The purpose of this Act being to put into effect the Constitution of this State as is contained in article eleven (11), section three (3), paragraph one (1). Oath, bond. Sec. 8. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 26, 1935. JEFFERSON BOARD MEMBERS; REFERENDUM. NO. 213. An Act to amend an Act approved August 7, 1918, entitled An Act to change the board of roads and revenue of Jefferson County, Georgia, so that said board shall consist of three men instead of one; to cut said county into three road districts, from each of which a commissioner shall be elected; to provide for the filling of the unexpired term of the present commissioner; to provide

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that said board may employ a supervisor, which shall be, if they should so select, one of their number, and whose business it shall be to supervise the road building of the county; to repeal so much of the Act of the General Assembly approved August 16, 1915, as subsequently amended as shall conflict with this Act, and for other purposes by striking from said Act section (3) three and providing a new section in lieu thereof to provide that members of the board of roads and revenue of Jefferson County, Georgia, shall be nominated by political parties by the voters of the entire county, to provide that this Act shall not become operative until ratified by a majority of the qualified voters of Jefferson 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 the State of Georgia, and it is hereby enacted by the authority of same, that section three (3) of an Act entitled An Act to change the board of roads and revenue of Jefferson County, Georgia, so that said board shall consist of three men instead of one, etc., approved August 7, 1918, as found on pages 466 and 467 of the printed copies of the Acts of 1918, be stricken from said Act and in lieu thereof a new section be inserted to be known as section three (3), and to read as follows: Section 3. No two of said board shall be from the same district, but one shall be elected from each district by all of the voters of said county, nominations having been previously made by political parties by the voters of the entire county. Members of board. Sec. 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 Jefferson County, Georgia, voting at an election to be called by the Ordinary of Jefferson 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 provisions hereinafter contained as for giving notice of said election. Notice of said election shall

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be published in the newspaper in which are published the sheriff's advertisements of said county, once a week for four 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, and all persons qualified to vote in the last general election shall be qualified to vote in said election. All persons voting at said election shall have written or printed on their ballots the words For County Wide election of Commissioners, or the words Against County Wide election of Commissioners; should a majority of the votes cast at said election have on them the words For County Wide election of Commissioners, then this Act shall become of full force and effect on the 30th day after the results of said election has been declared; otherwise this Act shall be null and void. Referendum. Sec. 3. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict with this Act shall be repealed, and the same is hereby repealed. Approved March 20, 1935. JONES SHERIFF'S BOND REDUCED. NO. 51. An Act to reduce the bond of the sheriff of Jones County, Georgia, from the amount of $10,000.00 to the amount of $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 Jones County, Georgia, to include the present sheriff, and his successors in office, shall be required to give bond in the sum of $3,000.00 instead of $10,000.00 as is provided by the general law as laid down in section 4906 of the 1910 code of Georgia; it being the purpose of this Act to reduce the amount of the present sheriff's bond and his successors in office from $10,000.00 to $3,000.00. Bond reduced to $3,000.

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Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that this Act is to become effective immediately upon its passage and approval by the Governor of Georgia. Sec. 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 February 26, 1935. LIBERTY COMMISSIONERS; ACT REPEALED. NO. 119. An Act to repeal An Act to create a Board of Commissioners of Roads and Revenues for the County of Liberty; to provide for the election of members thereof by the qualified voters of said county; to provide for commissioners for said county until the first election under this law; to define all their powers and duties, and for other purposes, approved August 17, 1918, and Amendments thereto. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, An Act to create a Board of Commissioners of Roads and Revenues for the County of Liberty; to provide for the election of members thereof by the qualified voters of said county; to provide for said commissioners for said county until the first election under this law; to define all their powers and duties; and for other purposes, approved August 17, 1918, and all Acts Amendatory thereto, and the same are hereby repealed. Repeal of Act creating board. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935.

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LIBERTY COMMISSIONERS; BOARD CREATED. NO. 118. An Act to create a Board of Commissioners of Roads and Revenues for the County of Liberty; to provide for the election of members thereof by the qualified voters of said county; to provide for the commissioners of said county; until the first election under this law; to define all their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues of the County of Liberty, to consist of three persons, is hereby created, said commissioners shall be free holders and qualified voters of said county and of good moral character and legally qualified to hold public office and shall reside in the road district from which they are elected, which districts are to be defined later on in this Act. Said commissioners shall be men of good business qualities and experience. New Board created. Sec. 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the said County of Liberty shall be divided into three road districts to be constituted as follows, to wit: Road District No. 1 shall be composed of the 1359th Militia District and the 15th Militia District; the Second Road District shall be composed of the 1458th and 1476th Militia Districts and all of the 17th Militia District lying south and east of a Public Road therein known as the 16th District Road, said 16th District Road being the line on the north. The Third Road District shall be composed of the 1543rd and the 1765th Militia District and that portion of the 17th Militia District lying north and west of the 16th District Public Road. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that at any time the county commissioners shall create a new militia district they shall have authority by a majority vote of their board to attach said new militia district to any one of said three road districts.

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Sec. 4. Be it further enacted by the authority aforesaid, that the first election of county commissioners under this Act shall be held on the regular election day in November, 1938, and the commissioners elected on that date shall go into office on January 1, 1939, and serve for a term of four years, and their successors shall be elected regularly in the November election for a term of four years each, and that all commissioners thus elected shall serve until their successors are elected and qualified. Election term of office. Sec. 5. Be it enacted by the authority aforesaid, that there shall be a commissioner from each road district and he must be a resident of the road district which he represents, each road district being thus represented on said board by a resident respectively. Each commissioner shall be elected by the qualified voters of the road district of which he is a resident. The resident of a road district receiving the highest number of votes in his respective road district shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Liberty County, Georgia. Commissioner from each district. Election. Sec. 6. Be it further enacted by the authority aforesaid, that from and after the passage of this Act until January 1, 1939, or until their successors are elected and qualified, C. B. Jones shall be commissioner of the First Road District; R. M. Ryon shall be the commissioner for the Second Road District, and O. J. Olmstead, Jr., shall be commissioner for the Third Road District, with full authority to perform all duties of the office of Commissioner of Roads and Revenues of said County of Liberty. Commissioners named. Sec. 7. Be it further enacted by the authority aforesaid, that the members of the board of commissioners shall be exempt from all jury duties during their term of office. Exemption from jury duty. Sec. 8. Be it further enacted by the authority aforesaid, that before any commissioner shall qualify and perform any of the duties of his office under this Act, that he shall give a good Surety bond in the sum of two thousand dollars ($2,000) to be approved by the ordinary of said county and

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payable to the ordinary of said county for the faithful performance of any and all duties of said office; provided, that this provision of this section shall go into effect immediately upon passage of this Act. Bond. Sec. 9. Be it further enacted by the authority aforesaid, that should there be a vacancy from any cause in the office of any commissioner during his term of office under this Act, the Judge of the Superior Court of said county shall at once appoint his successor to fill out his unexpired term, and said successor shall be appointed from the road district where the vacancy occurs. Vacancy. Sec. 10. Be it enacted by the authority aforesaid, that the said commissioners shall not expend any money for any purpose without express law and authority for the same, and if they do, they shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. Expenditure without express law or authority for, misdemeanor. Sec. 11. Be it enacted by the authority aforesaid, that the said commissioners are hereby authorized and directed to pay to the proper officers the actual costs in the case where a misdemeanor convict is sentenced to the chain-gang in said county and serves his term upon said chain-gang in said county. Provided, he is sentenced to the chain-gang of said county for a period of four months or more, and if not thus sentenced, they shall not pay said costs. Costs in misdemeanor cases, when to be paid by board. Sec. 12. Be it enacted by the authority aforesaid, that said commissioners shall not pay out any money for any purpose except on itemized sworn account after it is examined and approved, and then it shall be filed away alphabetically, and all accounts paid at each monthly meeting shall be filed away together and indexed so any citizen can easily find said paid account, and said commissioners shall purchase proper files for the same, and that no account shall be paid at any time only at the regular monthly meeting, and said accounts shall be approved by a majority vote of the board, and the check or voucher for the same shall be signed by the chairman and the clerk of the board. Accounts.

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Sec. 13. Be it enacted by the authority aforesaid, that no member of said board of commissioners shall hold any subordinate position of the said board; that no member of any firm of which he may be a member or any corporation in which he may own stock, or by which he may be employed, shall buy anything from or sell anything to or perform any contract of service, either directly or indirectly of any character whatever, with said board, and if he does, he shall be guilty of a misdemeanor. Prohibited acts. Sec. 14. Be it enacted by the authority aforesaid, that members of the board of commissioners herein created shall receive as their compensation four dollars per day for each day's actual service; provided, that no commissioner shall be paid for more than twenty-five (25) days service during any one year. The said commissioners shall elect a clerk of said board, whose duty it shall be to keep a record of the actings and doing of the board, at the court-house in said county; said records to be open for inspection of any citizen of said county and at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned by said board, and he shall keep all the books and records in a neat, first class, business like condition at all times. He shall receive such compensation as the board of commissioners shall fix and designate as a salary. Said clerk shall not be a member of the board of commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own membership who shall act as such chairman during the entire term of said board. Said commissioners before entering upon their duties as such shall take an oath before the ordinary for the faithful performance of their duties. Compensation. Clerk; duties, pay. Chairman. Sec. 15. Be it enacted by the authority aforesaid, that the said board of commissioners shall be the purchasing agent for said county, for all things needed by the different departments of said county and especially for all supplies for convicts and feed for mules and horses owned by said county, and for all machinery used for said county, and in fact, everything purchased by said county. And said county

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commissioners shall secure as far as possible, competitive bids for such supplies for county officers, including the Judge and Solicitor of the City Court, but supplies for convicts and road machine crews may be purchased by man in charge of same in a case of necessity. Request for any kind of supplies must be submitted to county commissioners in duplicate and purchased by a board as above stated. Purchases. Sec. 16. Be it enacted by the authority aforesaid, that said commissioners shall have exclusive jurisdiction and control over the following matters, to wit: in directing and controlling all the property of the county according to law; in levying taxes according to law; in altering, establishing, or abolishing roads, bridges andferries, according to law; establishing, abolishing or changing election precincts or changing election precincts or militia districts, in supervising tax-collector's and tax-receiver's books and allowing an insolvent list of said county, and they shall have the right to inspect, or have inspected any office and records of any county officers at any time, and they shall have the right to employ a competent person or firm to do said work at a price, which in the judgment of said commissioners, shall be fair and reasonable; in settling all claims against the county, examining and auditing all claims and accounts of officers having care, management, keeping, collecting or disbursement of any money belonging to the county or appropriated for its use or benefit and bring them to settlement; in controlling and managing the convicts of said county according to law; in making rules and regulations for the support of the poor of said county, and for the promotion of health and electing and appointing all minor officers of said county where election is not otherwise provided by law, such as superintendents and guards of convicts or of chain-gangs, janitors of court-house, superintendent of pauper farm, county physicians and health officer, and other guards as needed and authorized by law; in regulating peddling, and to have and to exercise all the powers before vested in the ordinary of said county when sitting for county purposes, and to exercise such other

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powers as are granted by law, or as indispensable to their jurisdiction over all county matters and all county finances. Jurisdiction. Sec. 17. Be it enacted by the authority aforesaid, that said board shall have entire control and management and control of the convicts of said county sentenced to work on the public roads of said county, and may employ them upon public roads and bridges, or any other public work of said county. Said board of commissioners shall have the right and power to hire, work and control on the public work of said county such convicts from other counties of Georgia as may be necessary in carrying on said public work in said county. The said Commissioners shall have authority at any regular meeting to establish a chain-gang in and for Liberty County, and to pass such rules and regulations for maintaining and carrying on the work of the same that they may deem right and proper. Convicts. Sec. 18. Be it enacted by the authority aforesaid, that said commissioners shall hold at least one session on the first Tuesday in each month at the county site in the county court-house, where the clerk of said board of commissioners shall keep a regular office. At the request of a majority of said commissioners, the chairman may at any time call an extra session, written notice of such and for what purpose shall be served on each member. The said commissioners shall have the right to adjourn from day to day until they finish their business. No less than two members of said commissioners shall pass any order or any subject matter, or at any meeting where there are not more than two members present they shall not conduct any business or pass on any question unless the vote is unanimous, and the vote in all questions shall be shown on the minutes by recorded aye and nay vote. The chairman shall vote on all measures before the board. Sessions. Sec. 19. Be it enacted by the authority aforesaid, that said commissioners shall not neglect any public road in said county, nor refuse to keep up a road that has been built, and they shall not build more roads in one section of the

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county than in another, and the work of the convicts shall be fairly and equitably divided between the different road districts according to the needs of the roads of said districts. Roads. Sec. 20. Be it enacted by the authority aforesaid, that the said commissioners shall have the authority to employ a County Attorney who is a resident of Liberty County, and they shall not pay him a salary of more than twenty-five dollars a month, and at any time in the opinion of said commissioners the interest of the county shall demand it, they shall have the right to employ additional counsel at a price that may seem fair and reasonable. County attorney. Sec. 21. Be it enacted by the authority aforesaid, that the said commissioners shall have the right to employ a county physician for the pauper farm, county jail and county convicts, at a price they shall deem fair and reasonable. Physician. Sec. 22. Be it enacted by the authority aforesaid, that the clerk of the said board of commissioners mentioned in section 14, of this Act, shall on and after the passage of this Act give a surety bond in the sum of ($2,000) two thousand dollars, to be approved by the ordinary of said county, and payable to the ordinary of said county, for the faithful performance of any and all duties of said office, the property of said clerk as well as the security on his bond, shall be bound from the time of execution thereof for the payment of any and all liability arising from the breach of said bond. Clerk's bond. Sec. 23. Be it enacted by the authority aforesaid, that the Clerk of the Superior Court shall on the first Tuesday in each month report in writing to the county commissioners a true statement of all money that has been spent by the Judge of the Superior Court, or the Judge of the City Court, or by the clerk in paying jurors or otherwise. Reports of clerk. Sec. 24. Be it enacted by the authority aforesaid, that on the first Monday in February of each year said board shall make a sworn financial statement to the ordinary of said county showing the amount of money received as commutation tax, amount received from Tax-Collector of Liberty

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County, and all monies received from any other source; they shall also show the disbursements made by said board, to whom paid and when paid; also submit a statement of unpaid county warrants, showing to whom payable and amounts of each and when payable. They shall likewise submit an itemized statement of the indebtedness of the county for which no warrant has been executed. The purpose of this section being to show the taxpayers the financial condition of the county. The Ordinary of Liberty County shall record this report and for this service shall receive out of the county treasury the sum of five dollars ($5.00). It shall be the duty of said board to submit a similar statement to the Grand Jury at each Spring term of Liberty Superior Court. Financial statement. Sec. 25. Be it enacted by the authority aforesaid, that at the regular meetings of the board of commissioners, they shall be clothed with the powers of a court, subject to the same rules that govern, define and control the powers of a court of ordinary, when sitting for county purposes; that they shall have the same right to punish for contempt and to try and punish road defaulters as provided by law. Powers as court. Sec. 26. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 12, 1935. MACON SHERIFF'S BOND; AMOUNT. No. 151. An Act to fix the amount of the bond of the sheriff of Macon County at three thousand dollars, to provide for increasing same by the Judge of the Superior Court of Macon County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that from and after the passage of this Act, the amount of the bond of the sheriff of Macon County shall be three thousand dollars. Sheriff's bond $3,000.

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Sec. 2. Be it further enacted by the authority aforesaid, that the Judge of the Superior Court of said county shall have the power in his discretion to increase the amount of said bond at any time after the passage of this Act to an amount not exceeding five thousand dollars. Power to increase bond. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. MERIWETHER TREASURER'S SALARY INCREASED. No. 179. An Act to amend an Act approved February 27, 1933, fixing the compensation of the Treasurer of Meriwether County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same, that the Act approved February 27, 1933 be and the same is hereby amended by striking from section 2 of said Act the words fifty dollars per month wherever they occur in said section 2, and substituting in lieu thereof the words sixty-five dollars per month, so that said section when so amended shall read as follows: 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 sixty-five dollars per month, payable monthly by Meriwether County after the passage of this Act. Treasurer's pay increased. Sec. 2. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935.

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MILLER SHERIFF'S BOND; AMOUNT. No. 71. An Act to fix the amount of the bond of the sheriff of Miller County, Georgia at $5,000.00; 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. From and after the passage of this Act the bond given by the sheriff of Miller County, Georgia, to enable him to qualify, shall be $5,000.00. Sheriff's bond, $5,000. Sec. 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935. MONROE TAX-COMMISSIONER'S COMPENSATION. NO. 105. An Act to amend the Act approved August 28, 1931, entitled, An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Monroe, and to create in their stead a county tax-commissioner for Monroe County, Georgia, as authorized by the General Assembly of Georgia in Act approved August 18th, 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1; to define the powers and duties of said tax-commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions due when such officer goes into office, to designate where funds collected by the tax-commissioner shall be deposited and to whom paid, to define the term of office of such tax-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, to provide for reports to the State; and for other purposes. by striking all of section 5 which prescribes the compensation

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of the tax-commissioner of Monroe County and inserting a new section, fixing the compensation of the tax-commissioner of Monroe County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 28, 1931, entitled, An Act to abolish the offices of tax-collector and tax-receiver in and for the County of Monroe, and to create in their stead a county tax-commissioner for Monroe County, Georgia, as authorized by the General Assembly of Georgia in Act approved August 18th, 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1; to define the powers and duties of said tax-commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions due when such officer goes into office, to designate where funds collected by the tax-commissioner shall be deposited and to whom paid, to define the term of office of such tax-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, to provide for reports to the State; and for other purposes, be and the same is hereby amended by striking all of section 5 of said Act, which prescribes the compensation of the tax-commissioner of Monroe County, and inserting in lieu thereof a new section to be numbered section 5, and to read as follows: Section 5. The said tax-commissioner of Monroe County shall in addition to the fees and commissions referred to in section 4 receive as compensation for receiving and collecting the county tax, which shall be in full payment for all services in receiving and collecting the county tax, the following commissions, to wit: Section as amended. Compensation of tax-commissioner. On all collections, for the first 1,000.....9 percent. On all collections, for the excess over 1,000 to 2,000.....6 percent. On all collections, for the excess over 2,000 to 3,000.....4 percent.

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On all collections, for the excess over 3,000 to 4,000.....4 percent. On all collections, for the excess over 4,000 to 6,000.....3 percent. On all collections, for the excess over 6,000 to 8,000.....3 percent. On all collections, for the excess over 8,000 to 12,000.....3 percent. On all collections, for the excess over 12,000 to 18,000.....2 percent. On all collections for the excess over 18,000 to 36,000.....2 percent. On all collections, for the excess over 36,000, 2 percent. On amounts collected for school purposes, per 1,000.....2 percent. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 12, 1935. MONTGOMERY BOARD OF COMMISSIONERS CREATED. NO. 115. An Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery to be composed of seven members; to provide for the election by the Grand Jury of one Commissioner from each of the seven militia districts; to provide their qualifications, term of office, powers and compensation; to provide for filling vacancies; to provide for service of the present members of the Board of Commissioners of Roads and Revenues; to provide for the election of a County Executive and to prescribe his term of office, duties, powers, qualifications, manner of removal and compensation; to provide for monthly reports by Executive; and to provide for an attorney for said board and fix his compensation; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. That for the purposes of this Act the word Board shall mean the Board of Commissioners of Roads and Revenues of the County of Montgomery and that the words County Executive shall mean the County Executive of the County of Montgomery, unless otherwise required by the context of the section of the Act where used. Board defined. Sec. 2. That there shall be a Board of Commissioners of Roads and Revenues for the County of Montgomery, consisting of seven members. Said commissioners shall be residents of said County of Montgomery at least two years next preceding the date of their election, and shall be freeholders of said County of Montgomery, and qualified to vote for the members of the General Assembly of the State of Georgia. Board created. Sec. 3. That the members of the Board of Commissioners of Roads and Revenues shall be elected by the Grand Jury for a term of three years and their successors shall be appointed for a like term and in like manner. One member of the board shall be elected from each militia district and each member so appointed shall be a resident of the district from which he is elected. Election. Sec. 4. A majority of the board shall constitute a quorum for the transaction of all business and a majority of the board must concur in order to pass an order, or let any contract, or grant or allow any claim against the county. Quorum. Sec. 5. That the Board of Commissioners of Roads and Revenues hereby created, shall have exclusive jurisdiction over and control of all county matters, such as public roads, bridges, working of convicts, private roads, county finances, levying and collection of taxes for county purposes, the management, control over, and disbursing of all county funds, the erection, repair and maintenance of public buildings in said county. Jurisdiction. Sec. 6. That it is the purpose of this Act that the function of the Board of Commissioners of Roads and Revenues shall be policy determining and legislative in their nature and

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such powers shall be exercised only when the board is sitting in regular or special session with a quorum of the board present. The board shall exercise such powers as may be construed as executive only by or through the County Executive. Powers. County Executive. Sec. 7. The board shall hold their regular sessions once every month on a regular date set by the board in the court-house of Montgomery County, and may adjourn from day to day until their business is finished; and extra sessions may be held at any time on the call of the chairman or of any three members of the board when in the judgment of the board the interest of the county demands it. At the first meeting following their election by the Grand Jury at which new members of the board shall have been elected, the board shall organize by electing one of their members chairman. They shall also elect one of their members vice-chairman. Sessions. Chairman, vice-chairman. Sec. 8. 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 book containing a complete list of all the county property, real and personal, and shall make a record therein of all sales or other dispositions of the same; also a road register in which shall be kept a record of all public roads and also of private roads granted or ordered kept open in accordance with law. The board shall also keep on file all paid warrants and vouchers and other papers necessary to show a complete record of all transactions of the county. Minutes, etc. Sec. 9. The County Executive shall be ex-officio clerk of the board. The Executive 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 purposes and also keep all other records and accounts of the board and perform such other acts and duties as may be required by the board not inconsistent with the provisions of this Act or the laws of this State. Furthermore, the Executive shall make a monthly report of all county business to said board. County Executive. Duties.

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Sec. 10. That the Board of Commissioners of Roads and Revenues of Montgomery County shall be amenable to the grand jury of Montgomery County, and whenever practical shall carry out the wishes of the people of Montgomery County as expressed in the recommendations of said grand jury of Montgomery County and the grand jury is hereby given power and authority upon a vote of two-thirds of said grand jury, to remove from office or reprimand any commissioner of said county for inefficiency, misconduct or malfeasance in office, neglect of duty, or for other conduct which in the opinion of such grand jury, warrants such action; Provided, however, that before any member of the board is removed from office by the grand jury he shall be given an opportunity to be heard by the same in his own behalf. Grand-jury's authority over board. Sec. 11. All warrants drawn on the Treasury of Montgomery County must be drawn by the County Executive, who must prepare an approved form, a list of all expenditures and submit the same to the board for their approval, rejection, or amendment and no warrants or orders on any bank or on the treasury shall be drawn unless the same appears on this list of expenditures, and is approved by the board. Warrants Sec. 12. That the board shall in regular session, or special session, called for such purposes, make general plans, specifications and requirements prescribing the manner and style in which the public roads of the county shall be constructed and repaired, and such 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 County Executive with plans, specifications and requirements, and require the public roads of the county to be built and repaired in accordance herewith; provided, however, that the provisions of this section shall not apply to roads under the supervision of the State Highway Department. Roads. Sec. 13. The County Executive shall be a man of good moral character at least twenty-five years old and with practical experience in matters of business and finance and

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in the management of labor. He shall be elected on May 22, 1935, at a special election to be called by the ordinary, after giving notice thereof in the manner now provided by law for special elections of county officers, by all persons qualified to vote for members of the General Assembly and shall serve until January 1, 1937, at which time the successor in office elected at the regular county election shall take office for the regular four year term. The board, however, may at any time, by a vote of five of its members discharge said County Executive by appropriate resolution, setting out such cause which shall be entered upon the minutes of the board. County Executive. Qualifications, election, term. Sec. 14. The County Executive shall have charge of all the business matter of, and shall have supervision of the work of the county and the building and repair of roads, bridges, buildings or any other works of the county under the general supervision of the board. He shall, with the advice and consent of the board, appoint the county warden, or superintendent of roads, and all other officers and laborers of the county engaged in the construction and repair of roads, bridges, buildings, or other works of the county over which the board has jurisdiction, and shall have supervision over all such officers and laborers, and shall have power to discharge such officers or laborers at any time for cause. He shall be the chief purchasing and selling agent of the county for all animals, machinery, implements, materials, and supplies of all kinds used in the construction or repair of buildings, roads, bridges, and for the use of convicts, but all purchases which exceed one hundred ($100.00) dollars shall be advertised and open for low bidding, subject, however, to ratification by the board. He shall do every Act or thing necessary or proper in the discharge of his duties as County Executive, subject to the general supervision of the board. Duties of County Executive. Sec. 15. The board shall have the right and power to employ a county attorney when necessary, also to employ special counsel to represent the county in matters where, in their opinion, the same may be necessary or advisable to protect the interests of the county. County attorney.

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Sec. 16. The board shall fix the salaries and compensation of all its officers and employees, which shall be paid out of the county funds, as provided by law; provided, that the monthly salary of the County Executive shall not be less than one hundred ($100.00) dollars nor more than one hundred fifty ($150.00) dollars, and such additional compensation for necessary expenses incurred upon the official business of the county as the board shall approve. Salaries. Sec. 17. The salary or compensation of the members of the board shall be four ($4.00) dollars per day for every day which the members of the board are in session, and they shall receive no other compensation of any kind. No member of such board shall be eligible to hold any other county office while a member of the board. Ineligibility for other office. Sec. 18. That all vacancies in the membership of the Board of Commissioners of Roads and Revenues shall be filled by appointment by the Judge of Superior Court of Montgomery County and such appointee shall serve until the next meeting of the Grand Jury of Montgomery County. At the next meeting, the Grand Jury of Montgomery County shall appoint a qualified resident of the militia district where the vacancy occurred to fill the unexpired term. Vacancies. Sec. 19. That the members of said Board of Commissioners of Roads and Revenues provided for under this Act shall always before entering upon the discharge of the duties of their office, take and subscribe the following oath, which is to be recorded in the book of minutes kept by said board, to wit: I do solemnly swear that I will faithfully discharge the duties of a member of the Board of Commissioners of Roads and Revenues of Montgomery County and will, to the utmost of my knowledge, skill, and ability, endeavor to promote the welfare and prosperity of the entire County of Montgomery, and will do so without favor or affection. Oath. Sec. 20. That the County Executive provided for under this Act shall, before entering upon the discharge of the duties of his office, take and subscribe the following oath, which is to be recorded in the book of minutes kept by the

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said Board of Commissioners of Roads and Revenues, to wit: I do solemnly swear that I will faithfully perform the duties of County Executive of Montgomery County and will to the utmost of my knowledge, skill and ability, endeavor to promote the welfare and prosperity of the County of Montgomery and will do so without favor or affection. The County Executive shall furthermore, before entering upon the discharge of the duties of the duties of his office, give bond, the amount of which is to be set by the Board of Commissioners of Roads and Revenues of Montgomery County, payable to the Ordinary of Montgomery County and his successors in office, and the Governor of this State shall upon the election of a County Executive, issue to him a commission for the term of office for which he shall be elected as in case of other county officers. Sec. 21. That the terms of the present members of the Board of Commissioners shall not be affected by this Act, and the present members of the board shall serve out their terms representing the militia district in which they reside. That is, J. W. Calhoun shall represent Uvalda until December 31, 1935; J. E. McRae shall represent Mount Vernon until December 31, 1937, and M. L. Adams shall represent Kibbee until December 31, 1936. The 1935 May term of the Grand Jury shall elect four other members from the four remaining districts to serve for the following time, to wit: Terms of office. Commissioner from Ailey District until December 31, 1935, Commissioner from Alston District until December 31, 1936, Commissioner from Higgston District until December 31, 1936, Commissioner from Tarrytown District until December 31, 1937; and their successors in office shall be appointed by the members of the Grand Jury of Montgomery County to serve for a term of three years. Sec. 22. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935.

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MONTGOMERY COMMISSIONERS; ACT REPEALED. NO. 114. An Act to repeal on and after May 22, 1935, the Act approved August 12, 1919, found in pages 695 through 706 inclusive of the Georgia Laws of 1919, which Act crea es a Board of Commissioners of Roads and Revenues for the County of Montgomery, consisting of three members, prescribes their duties, qualifications, and compensation, provides for the division of the county into road districts, the meeting of said board and provides for an attorney and clerk for said board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 12, 1919, found in pages 695 through 706 inclusive of the Georgia Laws of 1919, which Act creates a Board of Commissioners of Roads and Revenues for the County of Montgomery, consisting of three members, prescribes their duties, qualifications, and compensation, provides for the division of the county into road districts, the meeting of said board and provides for an attorney and clerk for said board, and for other purposes, shall be repealed on and after May 22, 1935. Repeal of Act of 1919 creating board. Sec. 2. That all laws and parts of laws in conflict be and the same are hereby repealed. Approved March 12, 1935. MONTGOMERY TAX-COMMISSIONER. NO. 109. An Act to abolish the offices of Tax-Collector and Tax-Receiver of Montgomery County; to create the office of Tax-Commissioner of Montgomery County; to prescribe the term of office, qualifications, the manner of election and commissioning, the amount of bond, salary, powers and duties of said tax-commissioner; to provide the manner

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and time of filling vacancies in the office of tax-commissioner; to provide for the levy of a tax to pay the salary of said tax-commissioner; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the offices of Tax-Receiver and Tax-Collector of Montgomery County, Georgia, shall be abolished on and after January 1, 1937, and the duties of the two officers aforesaid shall be consolidated into the office of Tax-Commissioner of Montgomery County on and after said date. Consolidation of offices. Sec. 2. That the office of County Tax-Commissioner of Montgomery County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties and liabilities of the said office of County Tax-Commissioner of Montgomery 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. Tax-commissioner; office created. Sec. 3. That 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. Sec. 4. That said tax-commissioner shall be elected at the general election for county officers in the year 1936, and at the general election for county officers each four years thereafter in the same manner, time, and place as Clerks of the Superior Court are elected. Election. Sec. 5. 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 said vacancy occurs within six months of the expiration of the existing term, the County Commissioners of Montgomery 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 by law

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Clerks of the Superior Court are commissioned and qualified, 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 County Commissioners of Montgomery 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 Montgomery County to call a special election for the election of a tax-commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall give notice of the date of said election by publication thereof in a public gazette published in Montgomery County, and thirty (30) days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the time he serves. Sec. 6. That the compensation of the County Tax-Commissioner of Montgomery County shall be a salary. The exact amount to be fixed by the County Commissioners of said county at not less than $1200 nor more than $1800 per annum. Salary. Sec. 7. That said county tax-commissioner shall be commissioned and qualified as the Clerks of Superior Court are. Qualification. Sec. 8. That before entering upon the duties of his office the said county tax-commissioner shall take the oaths now prescribed by law for tax-receivers and tax-collectors, and shall give bond in an amount to be fixed and determined by the County Commissioners of said county, which should be signed as surety by a bonding company legally authorized

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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 Montgomery County, Georgia, as part of the expenses of County Government. Oath, bond. Sec. 9. That all taxes that are due and payable at the time said county tax-commissioner assumes office as such, and all fi. fas. theretofore issued by the Tax-Collector of Montgomery County, Georgia, shall have full force and effect, and be collectible as issued. Collection of taxes. Sec. 10. That all fees, commissions, and all other compensation allowed to the Tax-Receiver and Tax-Collector of Montgomery County, Georgia, at the time this Act becomes effective or that might legally be allowed to such officers thereafterward were it not for the provisions of this Act, shall be collected by said county tax-commissioner and paid into the treasury of Montgomery County, Georgia. The board of County Commissioners of Montgomery County, Georgia, are hereby authorized and empowered to levy and collect a tax to pay the salary of the tax-commissioner, such salary to be paid in the same manner as the salaries of other county officers. Fees, etc., to go to county. Sec. 11. That said county tax-commissioner shall be vested with the powers and shall perform each, every, and all duties now required by law of both the Tax-Receiver and Tax-Collector of Montgomery County, Georgia, and in the manner prescribed by law; and shall be subject to all the pains and penalties, and have all the powers and privileges of said two offices and officers. Powers, duties. Sec. 12. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1935. MORGAN BOARD OF COMMISSIONERS. NO. 265. An Act to create a Board of Commissioners of Roads and Revenue in and for the County of Morgan; to prescribe the duties and powers of said board; to provide for the

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election, compensation and term of office of the members; to provide for filling vacancies; to provide for the management of the affairs of the County of Morgan; to name two members of said board to serve under this Act until the end of their respective terms or as outlined; to provide for commissioner districts and for the nomination of candidates from such districts; to provide penalties for failure to perform the duties herein prescribed; and for other purposes. Be it enacted by the General Assembly of Georgia: See Act No. 10, post. Section 1. That from and after the passage and approval of this Act the county affairs of the County of Morgan, shall be administered by a Board of Commissioners of Roads and Revenue, which shall consist of five members. Board created. Sec. 2. That there shall be five commissioner districts in said county as follows: District No. 1 shall consist of the 276th (City) District, G. M.; District No. 2 shall consist of the 283rd (Whitfield) District G. M., the 400th (Held's) District G. M. and the 282nd (Addsboro) District G. M.; District No. 3 shall consist of the 281st (Wellington) District G. M. and 284th (Harris) District G. M., and 399th (Askew) District G. M., and the 280th (Fairplay) District G. M.; District No. 4 shall consist of the 397th District G. M. (Seats), 1463rd (Harwell) District G. M. 286th (Mann) District G. M. and the 396th (Durdin) District G. M.; and District No. 5 shall consist of the 279th (Buckhead) District G. M., the 277th (Martin's) District G. M., 278th (Kingston) District G. M. and the 285th (Shepherd's) District G. M. Districts of commissioners. Sec. 3. That the term of office of the members of said board shall be four years. They shall be elected by the qualified voters of Morgan County. The member elected from each district shall have been a resident of said District at least twelve months before his election. In any primary for the nomination of candidates of a political party for members of said Board of Commissioners, the

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candidates shall be nominated from and shall be voted on by the voters of the commissioner district in which they reside, but at the general election such nominees shall be voted upon by the voters of the entire county. Terms of office, election. Sec. 4. The present members of the Board of Commissioners of Roads and Revenue of Morgan County shall hold office until the end of their respective terms; or as outlined that is, J. Frank Stovall shall hold office as the Commissioner from District No. 1 until January 1, 1939; Hoyt D. Dickson shall hold office as Commissioner from District No. 2 until January 1, 1939; J. L. Nolan shall hold office as Commissioner from District No. 3 until January 1, 1937; Floyd Newton shall hold office from District No. 4 until January 1, 1937; and Genevia Stewart shall hold office as Commissioner from District No. 5 until January 1, 1937. Commissioners shall be elected for Districts Nos. 3, 4 and 5 at the general election in November 1936, for a term of four years beginning January 1, 1937, and commissioners shall be elected from Districts Nos. 1 and 2 at the general election of November 1938 for a term of four years beginning January 1, 1939. Subsequent elections shall be every two years as the terms of office of said members expire. All such elections shall be conducted under the rules and regulations governing elections for members of the General Assembly. Said members shall be commissioned by the Governor as other county officers are commissioned. Terms of commissioners. Sec. 5. No person shall be eligible to hold office as a member of said board unless he shall have attained the age of thirty years and have resided in Morgan County for five years next preceding the beginning of the term for which he is elected, nor unless he is a person of good moral character, nor unless he shall have resided at least twelve months prior to the election in the district from which he is elected. Qualifications. Sec. 6. The chairman of said board shall be elected by the members and shall give bond in the sum of $2,500.00 payable to the ordinary of said county and his successors in office, and conditioned for the faithful performance of all of his duties under this Act. For any breach of said bond

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suit may be brought in the name of the ordinary, either upon his own motion, or by direction of the grand jury. The premium on the bond shall be paid by the county. J. Frank Stovall, the present chairman, shall be chairman of said board until the end of his present term. The chairman shall have charge of all the business matters of the county, and shall have supervision of the work of the county in the building and repairing of roads, bridges, or any other works of the county under the general supervision of the board, subject to this Act. He shall, with the advice and consent of the board, appoint, and fix the salary and wages of the county warden, and all other officers and laborers of the county, engaged in the construction and repair on roads, bridges, buildings, or other work of the county, over which the board has jurisdiction, and shall have supervision over all such officers and laborers, and shall have power to discharge such officers or laborers at any time, with or without cause. He shall be the official purchasing and selling agent of the county for all animals, machinery, implements, materials and supplies of all kinds used in the construction or repair of buildings, roads, and bridges, and for all supplies for the use of the convicts; but all purchases and sales shall be subject to the ratification of the board. He shall do every act or thing necessary or proper in the discharge of his duties as county manager, subject to the general supervision of the board. The board shall check up all accounts, acts and doings of the county, at least once every month. The chairman shall be superintendent of roads, provided said chairman gives all of his time to the duties pertaining to the office of chairman of the Board of County Commissioners. Chairman, bond, powers. Sec. 7. Before entering upon the discharge of their duties each member of said board of Commissioners shall make and subscribe before the ordinary of said county an oath to faithfully perform their duties according to the provisions of this Act, to the best of their knowledge and ability and to the best interest of the entire County of Morgan. Oath.

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Sec. 8. That any vacancy in the membership of said board shall be filled by an election to be called by the Ordinary of Morgan County, upon twenty days notice. Any such election shall be held under the rules and regulations governing elections for members of the General Assembly. The person elected shall be elected from the district of the commissioner whose office is made vacant and shall be elected for the unexpired term resulting from the vacancy. Vacancy. Sec. 9. The chairman of said board shall receive a salary of not less than $50.00 and not more than $125.00 per month, to be fixed by the board, provided he shall devote his entire time to the duties of his office. If he does not devote his entire time to the duties of the office, he shall not receive such salary but shall receive the compensation hereinafter provided for members of said board. Each of the members of the board besides the chairman, and the chairman if he does not devote his entire time to the duties of his office, shall receive as compensation $3.00 per day for each day of actual attendance upon meetings of the board, and in addition, mileage at the rate of five cents per mile for expenses in attending board meetings or otherwise attending to the duties of his office. All expense bills shall be approved by the board before payment. Pay of chairman and members. Sec. 10. The board may elect a clerk who must be an experienced bookkeeper and familiar with the duties to be performed by the clerk and shall be subject to removal at any time with or without cause, by the chairman, subject to approval of the board. The clerk shall receive as compensation a salary to be fixed by the board which shall not be less than $25.00 per month nor more than $50.00 per month. Clerk of board, compensation. Sec. 11. That said board shall be and it 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'

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books and the allowing of 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 it 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 commissioners as often as they may deem wise. Though said board, for the purpose of carrying out the provisions of this act as the same relates to the other officers of the county and over which it is herein given jurisdiction, shall also have at its command an audit to be made of the books of the various offices of the county as hereinafter provided for. Said board may require from all such officers subject to examination, such reports as may be necessary to keep said commissioners fully informed at all times of the financial condition of the county. In controlling, caring for, and the managing of 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 powers as are granted by law; or as may be necessary to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as 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 board

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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. Sec. 12. That said board shall have authority to employ a competent attorney at law to advise them and to represent the county in any litigation which may arise in which said county is a party. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney, and also to allow the county attorney additional compensation in litigating matters of the county. Attorney. Sec. 13. That said board shall have entire control and 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 Morgan 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 of the public roads, bridges, and the work of said State as may now or hereafter be adopted or enforced by law in said county. Said board in the working of the roads in said county shall work the same in the various districts of said county in proportion to that the public road mileage of said districts bears to the whole county, less State-aid roads, except in emergency caused, at which time said board may disregard this section. Convicts. Sec. 14. That said board 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 said board and other public records in their 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.

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Sec. 15. That said board shall keep a proper and accurate book of said minutes, wherein shall appear all orders and the proceedings had and passed in reference to county matters. Said board shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by it on the county treasury or depository, for what purpose, and on what fund. Said board shall also keep a book in which shall be recorded in itemized form, all articles or things of whatever kind purchased by it 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. Said board shall also keep a cashbook in which shall be daily entered any cash item received by said board, from whom received, and for what purpose received. It 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 wardens, guards, etc. It shall keep a book of inventory of all county property, including road machinery, livestock, 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 and in whose custody in what condition, and of which inventory shall be carefully revised each year; and it shall keep such other books, and the records as may be necessary. Said books and records shall be kept so 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 Morgan County who may be interested in the same. Minutes, etc. Sec. 16. That said board, 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

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end of the preceding quarter; also such outstanding obligations as said board or their predecessors shall have made. The chairman shall verify said statement by affidavit as follows: Financial statements. I,.....Chairman of the Board of Commissioners of Roads and Revenue of Morgan County, Georgia, do solemnly swear that the above is a full and true statement of the monetary transactions of said board for the quarter ending.....; and that said board has 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. Said statement shall be published in the official gazette of said county, provided the said board can arrange for its publication at a price not to exceed $2.00 per 100 words. If the board can not obtain the publication of said account or statement at said price by the official paper of the county, then it shall erect a bulletin board in the rotunda of the court-house in view of the general public, and post such statement thereon. Sec. 17. That it shall be unlawful for said board to employ any person related to any member 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

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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 board 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 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 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. Dealings with kin, when unlawful. Bids. Sec. 18. That no material for public bridges, roads, public buildings, or property under the control of said board 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. Sec. 19. That said board may receive contributions for the improvement of public roads, bridges or other 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 the same or from the State Government or from the United States Government, and such contributions, when received, shall be used for the improvement of the same as designated by the contributor; and the said commissioners shall keep a book of accounts which shall correctly show all such contributions, from whom received, and the distribution of same, and the chairman shall take and file receipts for all of such disbursements and shall be jointly and severally liable with the surety on

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his official bond to the ordinary of said county for any mis-appropriation of any such funds. Contributions for roads, etc. Sec. 20. That it shall be the duty of said board in all road and bridge work done in said county, to always keep in view what will be to the greater good of the greater number; and this policy shall be uniformly observed by said commissioners. Policy, good of majority. Sec. 21. That said board shall hold one session of 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. Said board may hold called sessions as often as in their judgment the powers and duties herein conferred may require. Sessions. Sec. 22. That said board 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 commissioners, for which said physician shall be paid a reasonable salary. Physician. Sec. 23. That the grand jury sitting at the first 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 Morgan County, to audit all the books and accounts of the county, including the tax-receiver, tax-collector, tax-commissioners, treasurer or depository, sheriff, superintendent of schools, and especially of the Board of Commissioners 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 Board of Commissioners 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

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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 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 them for their services; 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 Board of Commissioners 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. Sec. 24. That whenever said board deems it advisable, or necessary that any property belonging to said county be sold the same shall be sold after due advertisement in the official newspaper of the county, at public outcry, to the highest bidder for cash before the court-house door. Sales. Sec. 25. That said board 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 office and familiarize themselves with all bulletins and pamphlets bearing upon the subject of road building; and it shall be their duty at all times to entertain, and discuss with such officers and officials, theories and methods of road building. Co-operation with State, etc., as to roads. Sec. 26. That it shall be the duty of said board to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous or

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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. Road repairing. Sec. 27. That it shall be the duty of said board 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 materials for the improvement of such streets or thoroughfares, as may be designated by said city or town officials, said board, highway engineer, or official of Georgia, or engineer or director of the Federal Bureau of Public Roads of the United States. Sec. 28. 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 board, just as the public road work of the county is now performed, provided, that in event of a disagreement between the said municipal authorities and the said board as to any matter pertaining to the said work herein provided for, the judgment or decision of the said board shall be final and prevail in the premises. Street work. Sec. 29. 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, provisions 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. Invalidity of part of Act, not invalidate other part. Sec. 30. That this Act shall become effective from and after its passage and thereupon the Board of Commissioners for the County of Morgan, created by an Act approved

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February 11, 1874, as amended August 13, 1915 and as amended by the Act approved August 15, 1922, and as otherwise amended, shall be and the same is hereby abolished and said acts providing for the creation of said board shall be and the same are hereby repealed. Acts repealed. Approved March 22, 1935. MORGAN COMMISSIONER; REFERENDUM. NO. 10. An Act to create the office of Commissioner of Roads and Revenue in and for the County of Morgan; to prescribe the duties and powers of such commissioner; to provide for the management of the affairs of said county; to provide the compensation, the manner of election, and the term of office of such commissioner; to provide for an advisory board to such commissioner, and to define the duties and powers of such advisory board; to name the commissioner to serve under this Act until said office shall be filled by election; to name members of the advisory board to serve under this Act and define their term of office; to provide for punishment for failure to perform the duties herein prescribed; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after April 1, 1935, the county affairs of Morgan County, Georgia, shall be administered by a Commissioner of Roads and Revenue, and for that purpose the office of Commissioner of Roads and Revenue of Morgan County is hereby created. See next preceding Act. Commissioner of Roads and Revenue, office created; referendum. Sec. 2. J. Frank Stovall of said county is hereby appointed, constituted and made Commissioner of Roads and Revenue of Morgan County, Georgia, for a term beginning April 1, 1935, and ending January 1, 1937. He shall be commissioned by the Governor as such Commissioner for said term of office. Commissioner named.

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Sec. 3. At the General Election of November, 1936, a Commissioner of Roads and Revenue of Morgan County shall be elected by the qualified voters of said county for a term of four years beginning January 1, 1937. Subsequent elections shall be conducted in the same manner and for the same term. Commissioners hereafter elected shall be commissioned by the Governor in the same manner as other county officers are commissioned. Election, term. Sec. 4. No person shall be eligible to hold the office of Commissioner of Roads and Revenue of Morgan County, unless he shall have attained the age of thirty years, and have resided in Morgan County for five years next preceding the beginning of the term for which he is elected, nor unless he be a person of good moral character, with practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Sec. 5. Before entering upon the discharge of his duties, such commissioner shall give bond with good security (said security to be a solvent surety company authorized to do business in Georgia) approved by the ordinary of said county, in the sum of $10,000.00, payable to the ordinary of said county and his successors in office and conditioned for the faithful performance by said commissioner of all his duties under the law. For any breach of said bond suit may be brought in the name of said ordinary, either on his own motion or by direction of the grand jury of said county. The premium on said bond shall be paid by the commissioner from the public funds of the county. Bond. Sec. 6. Before entering upon the discharge of his duties the said commissioner shall make and subscribe 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 knowledge and ability and to the best interest of the entire County of Morgan. Oath. Sec. 7. Said commissioner shall devote his entire time to the duties of his office and shall receive as compensation for his services the sum of $2,000.00 per annum, the same to

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be paid monthly or otherwise as he may elect. Provided that said sum shall be full compensation for all services rendered and for all expenses incurred by said commissioner in traveling in said county, including the cost of owning and/or operating an automobile and said commissioner shall receive no other emoluments or perquisites whatever. Salary. Sec. 8. That in case of a vacancy in the office of the commissioner, by reason of death, resignation, or otherwise, the ordinary of said county shall serve as 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, and held under the rules and regulations governing other special elections. Vacancy. Sec. 9. 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 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

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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 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 condition of the county. In controlling, caring for, and the managing of 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 powers as are granted by law; or as may be necessary to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as 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. Sec. 10. 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 to allow the county attorney additional compensation in litigating matters of the county. Attorney. Sec. 11. That said commissioner shall have entire control and the management of the convicts of said county sentenced to work upon the roads or work of said county, and

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all convicts of this State assigned to the County of Morgan by the proper authorities of the State, and shall so employ them according to law and under such plans for working, building, repairing, and 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. Sec. 12. That 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 at court-house, hours. Sec. 13. That said commissioner shall keep a proper and accurate book of said 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 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

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account of the chain-gang of the county, including supplies, equipment, and expense therefor, the pay of wardens, guards, etc. He shall keep a book of inventory of all county property, including road machinery, livestock, 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 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 kept so 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 Morgan County who may be interested in the same. Minutes, etc. Sec. 14. 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: Quarterly financial statements. I,..... Commissioner of Roads and Revenue of Morgan 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. Affidavit.

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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. Sec. 15. 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 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 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. Bids for supplies work,etc. Unlawful interest in sales, purchases, etc. Sec. 16. That no material for public roads, bridges, public building, or property under the control of said commissioner

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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 of materials, supplies, etc. Sec. 17. That said commissioner may receive contributions for the improvement of public roads, bridges or other 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 the same or from the State Government or from the United States Government, and such contributions, when received, shall be used for the improvement of the same as designated by the contributor; and the said commissioner shall keep a book of accounts which shall correctly show all such contributions, from whom received, and the distribution of same, and he shall take and file receipts for all of such disbursements and shall be jointly and severally liable with the surety on his official bond to the ordinary of said county for any misappropriation of any such funds. Contributions for roads. Sec. 18. That it shall be the duty of said commissioner in all road and bridge work done in said county to always keep in view what will be to the greater good of the greater number; and this policy shall be uniformly observed by said commissioner. Policy to be observed in road and bridge work. Sec. 19. 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. Sec. 20. That said commissioner shall have authority to employ a competent clerk at a salary not to exceed $50.00

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per month, and as authorized in his discretion may require a bond, and shall prescribe the duty of such clerk, and may with or without cause, discharge such clerks at any time. Clerk. Sec. 21. 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, for which said physician shall be paid a reasonable salary. Physician. Sec. 22. 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 Morgan 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 the 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 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

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paid 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. Accountant. Sec. 23. 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. Sales of county property. Sec. 24. 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. Cooperation with State Highway Department. etc. Sec. 25. 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. Street work. Sec. 26. That it shall be the duty of said commissioner to cooperate 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 materials for the improvement of such streets or thoroughfares, as may be designated by said city or town officials,

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said commissioner, highway engineer or official of Georgia, or engineer or director of the Federal Bureau of Public Roads of the United States. Cooperation with city officials, etc. Sec. 27. That the working of streets and thoroughfares in and through the several cities or towns of said county, as herein provided for, shall at all times be under the direction, supervision, and control of said commissioner, just as the public road work of the county is now performed, provided, that in event of a disagreement between the said municipal authorities and the said commissioner as to any matter pertaining to the said work herein provided for, the judgment or decision of the said commissioner shall be final and prevail in the premises. Control over street-work, etc. Sec. 28. 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 shall find 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 conducted the affairs of his office, or is otherwise not qualified to discharge the affairs of the office, the grand jury so finding may recommend that the advisory board hereinafter created, declare said office vacant, and if said advisory board, by a majority vote thereof, concurs in the recommendation of the grand jury, said office shall be, by order of said advisory board, declared vacant, and the clerk of the Superior Court shall thereupon call a special election as hereinbefore provided for to fill such vacancy. 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 is elected and qualified. In the event such a recommendation shall be made by any grand jury, after the advisory board, hereinafter provided for, has ceased to exist, such recommendation shall be laid before the grand jury at the next succeeding term of the superior court, and if the second grand jury, by a majority vote thereof, concurs in such recommendation, said office shall be declared vacant by order of the Judge of the Superior

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Court of said county, and all subsequent proceedings shall be as herein provided for by this section. Grand-jury investigations. Vacancy in office of commissioner. Sec. 29. For the purpose of counseling and advising with the Commissioner of Roads and Revenue, as provided in this Act, there shall be an Advisory Board in and for said county, composed of the following ten citizens of Morgan County, Georgia, to wit: Advisory board. Everett Atkinson, L. D. Wallace, Hoyt D. Dickson, Hugh Bostwick, W. M. Stovall, J. H. Cochran, J. J. Davis, W. B. Jordan, Usher Brown and Hershal Huff. The members of said Advisory Board shall serve for a term of five years and nine months beginning April 1, 1935 and ending January 1, 1941; and said Advisory Board shall cease to exist on January 1, 1941. The Advisory Board shall meet with the commissioner at the court-house on the first Monday in each quarter, beginning on the first Monday in July 1935; and shall advise the said commissioner and subject him to inquiry upon any and all matters in connection with his official duties. The board shall not hold more than one meeting in any quarter. The Board shall make such recommendations to the commissioner as they may deem advisable but no such recommendation shall be binding upon the Commissioner and no action taken by the commissioner shall be subject to and dependent upon authority from said board. It shall be the duty of the commissioner to carefully consider all recommendations by the board, and give the same due weight 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 attended by them. Any vacancy in the board, by death, resignation or otherwise, shall be filled by the other members of the board. In the event of a tie in any 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 term. Term of office. Meetings. Pay. Vacancies. Sec. 30. 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

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destroy the validity of the constitutionality of any other part, section, provisions 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. Invalidity of part of Act. Sec. 31. An election shall be held in said county on the 20th day of February 1935, at which shall be submitted to the qualified voters of said county, qualified to vote in the last general election, the ratification or rejection of this Act. Said election shall be held under the rules and regulations applying to elections for members of the General Assembly, and notice thereof shall be given by publication by the ordinary for one week. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots the words For a one man Commissioner of Roads and Revenues. Those desiring to vote against the ratification and approval of this Act shall have written or printed on their ballots the words Against a one man Commissioner of Roads and Revenues. If a majority of the qualified voters supporting said election vote in favor of the ratification and approval of this Act the same shall become effective upon an order of the ordinary to whom the returns of said election shall be made, entered upon his minutes, and upon the passage and approval of a companion bill repealing the Act of February 11, 1874, as amended, providing for the creation of a Board of Commissioners of Roads and Revenues of Morgan County: provided that the ordinary shall ascertain and declare the result of said election within three days from February 20, 1935. Referendum. Sec. 32. At the election provided for in the preceding section there shall also be submitted to such qualified voters, under the same rules and regulations, the question of whether the Board of Commissioners of Roads and Revenues of said county as established under said Act of February 11, 1874,

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shall be elected by the people or by the grand jury, in the event of the rejection of this Act. Those desiring to vote in favor of electing the members of said Board of Commissioners by the people shall have written or printed on their ballots the words For election of County Commissioners by the people. Those desiring to vote for election of the members of said Board of Commissioners by the grand jury shall have written or printed on their ballots the words For election of County Commissioners by the grand jury. The returns of said election shall be made to the ordinary as provided in the foregoing section, who shall ascertain and declare the result of said election within three days from February 20, 1935. Same. Sec. 33. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 9, 1935. MORGAN LIQUOR LAW REPEALED. NO. 362. An Act to repeal an Act approved November 30, 1900, entitled An Act to prohibit the manufacture in Morgan County, Georgia, of any alcoholic, spirituous, malt, or intoxicating liquors, except domestic wines made from grapes or berries; and prescribing a penalty for violating the same; and for other purposes; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved November 30, 1900, entitled An Act to prohibit the manufacture in Morgan County, Georgia, of any alcoholic, spirituous, malt, or intoxicating liquors, except domestic wines made from grapes or berries; and prescribing a penalty for violating the same; and for other purposes, be and the same is hereby repealed. Repeal of liquor law. Approved March 28, 1935.

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MORGAN LIQUOR LAW REPEALED. NO. 291. An Act to repeal an Act approved December 18, 1900, entitled An Act fixing the license fee for retailing or vending spirituous, intoxicating, or malt liquors in Morgan County at $15,000.00, and to provide a penalty for violating the same; and for other purposes; and for other purposes. Be it enacted by the General Assembly of Georgia: Repeal of license law. Section 1. That the Act of the General Assembly approved December 15, 1900, entitled An Act fixing the license fee for retailing or vending spirituous, intoxicating, or malt liquors in Morgan County at $15,000.00, and to provide a penalty for violating the same; and for other purposes, be and the same is hereby repealed. Approved March 28, 1935. MURRAY COMMISSIONERS; AMENDING ACT. NO. 286. An Act to amend an Act approved February 10, 1933 (Georgia Laws, 1933, pages 626 to 634 inclusive), entitled 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, by striking all sections or parts of sections providing for an election to determine by ballot the number

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comprising the said board; by striking all sections or parts of sections providing for a one-man board; by redefining the powers and duties of said board; by designating the members of said board and providing for the election of members; by providing that the ordinary of Murray County shall act as clerk and fixing his duties and compensation; by providing for the posting of a monthly statement; by striking the provision allowing more than one attorney; by abolishing the office of superintendent of roads and bridges; by prohibiting members from employing relatives and having financial interest in transactions; by renumbering sections; 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 February 10, 1933 (Georgia Laws 1933, pages 626 to 634 inclusive), entitled 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, be and the same is hereby amended by striking the words or to consist of one member where they appear in the fifth line of section 1 of said Act as published in Georgia Laws 1933, so that section 1, when amended, shall read: Act of 1933 amended. 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 created a Board of Roads and Revenues for the County of Murray, to consist of three members, which board shall have authority and control over the fiscal and other affairs of said county,

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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. Authority. Sec. 2. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of same, that said Act be further amended by striking section 2 in its entirety, and by inserting in lieu thereof a new section to be numbered section 2, and to read as follows: Sec. 2. Except where otherwise provided in this Act the powers and duties of the said Board of Roads and Revenues shall be as defined by Code (1933) of Georgia with reference to the powers and duties of the authorities in charge of the control and management of county affairs. New section 2. Sec. 3. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 3 in its entirety, and by inserting in lieu thereof a new section to be numbered section 3, and to read as follows: Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that the members of the Board of Roads and Revenues in office on March 15, 1935, shall serve until the expiration of the term for which they were elected or until they are removed from office as hereinafter provided. In all elections for members of said Board of Roads and Revenues the three candidates for such office who receive the highest number of votes shall be declared elected, except in case of elections to fill vacancies caused by death, resignation or otherwise, in which event the candidate receiving the highest number of votes shall be declared elected. New section 3. Elections. Sec. 4. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 4 in its entirety, and by inserting in lieu thereof a new section to be numbered section 4, and to read as follows:

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Sec. 4. 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 provided for in this Act shall hold office until January 1, 1937, unless removed from office as hereinafter provided, and thereafter the term of office shall be for a period of four years. In case of a vacancy on the said board the member elected to fill the vacancy shall be elected for the unexpired term. The successors of said board shall be elected at the general election held in the month of November, 1936, and shall hold office until their successors have been elected and qualified. New section 4. Term of office. Sec. 5. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 6 in its entirety, and by inserting in lieu thereof a new section to be numbered section 6, and to read as follows: Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that the members of said Board of Roads and Revenues shall be subject to removal from office at any time by the qualified voters of the county in the following manner, to wit: When a petition signed by one-fifth of the qualified voters of Murray County shall be filed with the ordinary of the county, naming one or more members of the Board of Roads and Revenues of Murray County and requesting that an election be called for the purpose of submitting to the qualified voters of the county the question of removing said members or member from the board, the ordinary shall call an election to be held in not less than twenty days nor more than thirty days after the filing of such petition. In all elections submitting the question of the removal of members of the board to be qualified voters of the county, in which it is sought to remove more than one member of the board, the ballot shall be arranged in such a manner as to allow the voters to vote on the removal of each member separately. Those voting for the

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removal of a member shall have written or printed on their ballots the words For the removal of....., naming the board member, and those voting against the removal of a member shall have written or printed on their ballots the words Against the removal of....., naming the board member. The election shall be held in a manner prescribed by law for the holding of elections for the election of members of the General Assembly, and the returns from the several voting precincts of the county consolidated as by law in the case of such elections. The returns of the board of consolidation shall be reduced to writing and signed by a majority of the members of such board and filed in the office of the ordinary of the county, and the ordinary shall record the same upon the minutes of the court of ordinary of the county. A certified copy thereof from the court of ordinary shall be admissable as evidence of the returns of such a board of consolidation in any court or other tribunal. If the declared result of the election shall be in favor of the removal of any member of said board the ordinary shall so declare and call an election as otherwise provided in this Act for elections to fill vacancies. If the declared result is against the removal of any member of said board, no other election for the purpose of submitting the question of the removal of that particular member shall be held within twelve months. The expense incident to the holding of such election shall be paid out of the general fund of the county. Election for removal of member. Sec. 6. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 8 in its entirety, and inserting in lieu thereof a new section to be numbered section 8, and to read as follows: Sec. 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that the Ordinary of Murray County shall be the clerk of said Board of Roads and Revenues, at a salary of $20 (twenty dollars) per month. It shall be the duty of said

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clerk to attend all meetings of the board and to keep in well bound books, to be provided by the board at the expenses 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 dated all original bills and statements and claims rendered against the county, 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 checks 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 which checks or warrants shall be numbered and stubbed, and show for what purpose drawn, and recorded in proper disbursement docket. All books, papers, letters, 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 at any time. New section 8. Clerk of board; salary, duties. Sec. 7. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 9 in its entirety, and inserting in lieu thereof a new section to be numbered section 9, and to read as follows: Sec. 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that it shall be the duty of the clerk to post monthly, at some place in the court-house where it may be inspected by the public, an itemized statement of the financial conditions of said county, showing in detail all funds paid into the county treasury and from what source received; also showing in detail all disbursements made by said county; also showing an itemized statement of all accounts paid

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and showing who made the purchases. Such posted statement shall also show the balance on hand or the warrants outstanding. New section 9. Financial statement. Sec. 8. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of same, that said Act be further amended by striking the last sentence in section 10 so that section 10, when amended, shall read: Sec. 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 services in advising said board. New section 10. Attorney, compensation. Sec. 9. Be it enacted by the authority aforesaid and it is hereby enacted by authority of same, that said Act be further amended by striking all reference to a one-man board in section 11, so that section 11, when amended, shall read: Sec. 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 a depository of the county funds, which depository so selected shall receive all funds of the county, and disburse the same only on vouchers signed by the chairman of said board; 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. New section 11. County depository. Sec. 10. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 12 in its entirety, and inserting in lieu thereof a new section to be numbered section 12, and to read as follows:

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Sec. 12. Be it further enacted by the authority aforesaid, that the members of said board shall not employ any person related to any member within the fifth 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 any member is the lowest bidder therefor. New section 12. Employment of relative, etc. Sec. 11. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 13 in its entirety, and inserting in lieu thereof a new section to be numbered section 13, and to read as follows: Sec. 13. Be it further enacted by the authority aforesaid, that no member 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 employed either directly or indirectly shall have any financial interest in the purchase of goods, wares, or merchandise, supplies, machinery, or equipment purchased for Murray County; or 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 accept any free trips, or free transportation, or any other thing of pleasure or value from any person, firm, or corporation, who contemplates selling any article to the County of Murray or purchasing any article from the County of Murray. New section 13. Prohibited interest in contract, etc. Sec. 12. Be it enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that said Act be further amended by striking section 14 in its entirety, and

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by changing the numbers of section 15, section 16, and section 17 to section 14, section 15 and section 16, respectively. Repeal of section 14. New numbers of sections. Sec. 13. Be it enacted by the authority aforesaid, 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 28, 1935. PICKENS COMMISSIONER; REFERENDUM. No. 281. An Act to repeal the Act approved August 16, 1920, as contained in Georgia Laws 1920, pages 598-602 inclusive, which Act created the office of Commissioner of Roads and Revenues of Pickens County, provides the manner of election, qualifications, powers and duties, and the salary of said commissioner, and provides for the manner of filling vacancies; to provide that this Act shall become effective May 1, 1935; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 16, 1920, as contained in Georgia Laws 1920, pages 598-602 inclusive, which Act creates the office of Commissioner of Roads and Revenues of Pickens County, and provides the manner of election, qualifications, powers and duties, and the salary of said commissioner, and provides the manner of filling vacancies in said office, be and the same is hereby repealed. Repeal of Act of 1920. Sec. 2. That the provisions of this Act shall become effective on and after May 1, 1935. Sec. 3. Provided that the provisions of this Act shall not become effective until a referendum of the voters in said county is had, the same to be called by the ordinary under general laws and to be held not later than 60 days from approval of this Act. The ballots shall provide as follows: Referendum.

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For the abolishment of the present Commission. Against the abolishment of the present Commission. If a majority of the qualified voters vote in favor of the abolishment of said commission, then this Act shall become effective, and if a majority vote against the same, then the provisions of this Act shall be null and void and of no effect. Sec. 4. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1935. PIERCE COMMISSIONER'S RESIDENCE. No. 13. An Act to amend an Act approved July 22, 1925, entitled An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues of the County of Pierce; to provide for his election and for his recall; to provide for a Commissioner until the first commissioner is elected and qualified under this Act; to prescribe the term of office of the commissioner so elected; to define the duties of the commissioner and to provide for his compensation; to provide for the proper supervision of his acts and the auditing of his books, and generally, to provide for the management of the affairs of said county, and for other purposes, approved July 28, 1921, as contained in Georgia Laws 1925, pages 733-734 inclusive, by repealing section 2 of said Act requiring the Commissioner of Roads and Revenues to make his residence at Blackshear, the county site of Pierce County. Be it enacted by the General Assembly, and it is hereby enacted as follows: Section 1. That section 2 of the Act approved July 22, 1925, entitled An Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Revenues of

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the County of Pierce; to provide for his election and for his recall; to provide for a commissioner until the first commissioner is elected and qualified under this Act; to prescribe the term of office of the commissioner so elected; to define the duties of the commissioner and to provide for his compensation; to provide for the proper supervision of his acts and the auditing of his books, and generally, to provide for the management of the affairs of said county, and for other purposes, approved July 28, 1921, which provides that the Commissioner of Roads and Revenues of Pierce County shall be required to make his residence at Blackshear, Pierce County, Georgia, is hereby repealed. Residence of commissioner. Approved February 13, 1935. PIERCE SCHOOL SUPERINTENDENT, VOTERS FOR. No. 316. An Act to repeal an Act approved March 1, 1933 (Georgia Laws 1933, page 643) entitled An Act to allow the qualified electors residing in Blackshear, Georgia, Pierce County, to vote for the county superintendent of schools. Be it enacted by the General Assembly, and it is hereby enacted as follows: Section 1. That the Act approved March 1, 1933, entitled An Act to allow the qualified electors residing in Blackshear, Georgia, Pierce County, to vote for the superintendent of schools, is hereby repealed. Repeal of Act allowing residents of Blackshear to vote for county school superintendent. Approved March 26, 1935. PULASKI SHERIFF'S BOND REDUCED. No. 172. An Act to reduce the official bond of the Sheriff of Pulaski County, Georgia, from the sum of $10,000.00 to the sum of $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 Pulaski County, Georgia, shall be required to give an official bond in the sum of $5,000 instead of the sum of $10,000.00 as provided in Code section 4906; and it is the purpose of this Act to reduce the amount of said sheriff's official bond from the sum of $10,000.00 to the sum of $5,000.00. Sheriff's bond reduced to $5,000. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Sec. 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act, be and the same is hereby repealed. Approved March 19, 1935. PULASKI TREASURER'S BOND REDUCED. NO. 186. An Act to amend an Act entitled An Act to abolish the office of Treasurer of Pulaski County; to provide that the ordinary of said county shall perform the duties of the office treasurer; to provide compensation for service of the ordinary; to fix the bond of the ordinary; and for other purposes, found in Georgia Laws 1927, page 646, by reducing the bond fixed in said section 3 of said Act from the sum of $25,000.00 to the sum of $15,000.00; 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 3, of an Act found in Georgia Laws 1927, page 646, entitled An Act to abolish the office of Treasurer of Pulaski County; to provide that the ordinary shall perform the duties of the office of treasurer; to provide compensation

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for services of the ordinary; to fix the bond of the ordinary; and for other purposes, be amended as follows: by striking the words twenty-five thousand dollars in line 8 of section 3 of said Act, and inserting in lieu thereof the words fifteen thousand dollars, so that said section when so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that the ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioners of Roads and Revenues of said county, giving as surety on said bond one or more responsible fidelity and surety companies; provided that the amount of said bond shall not be less than fifteen thousand dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Treasurer's bond reduced to $15,000. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately on its passage and approval by the Governor of Georgia. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws be and the same is hereby repealed. Approved March 20, 1935. PUTNAM SHERIFF'S BOND REDUCED. NO. 5. An Act to fix the amount of the bond of the Sheriff of Putnam County, Georgia, at $3,000.00; 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. From and after the passage of this Act the bond given by the Sheriff of Putnam County, Georgia, to enable him to qualify, shall be three thousand ($3,000.00) dollars, instead of ten thousand ($10,000) dollars as heretofore required. Bond reduced to $3,000.

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Sec. 2. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 5, 1935. RANDOLPH COMMISSIONERS; ACT REPEALED. NO. 60. An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Randolph, prescribing the duties and powers thereof; and for other purposes, and all Acts amendatory thereof. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act to create a Board of Commissioners of Roads and Revenues, for the County of Randolph, to prescribe the duties and powers thereof, and for other purposes, approved August 6, 1903 (Acts of 1903, pages 346-349), and all Acts amendatory thereof, be and the same are hereby repealed, and said Board of Commissioners of Roads and Revenues is hereby abolished. Board abolished. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the first Tuesday in May 1935. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935. RANDOLPH COMMISSIONERS; BOARD CREATED. NO. 15. An Act to create a Board of Commissioners of Roads and Revenues for the County of Randolph, State of Georgia; to provide for the appointment, qualifications, and election

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of the members thereof; to prescribe their terms of office, their powers, duties, and compensation; to provide for the appointment of a clerk by said board; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Randolph consisting of one commissioner for each road district of said county is hereby created. Said commissioners shall be qualified voters of said county, and the commissioners representing the respective road districts of said county shall reside in the road districts by the qualified voters of which they were elected. Board created. Sec. 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the County of Randolph shall be divided into five road districts, as follows: General Militia Number 718 known as the Cuthbert District, shall constitute district number one; General Militia Districts Numbers 947 and 934 locally known as the Fifth and Carnegie Districts shall constitute district number two; General Militia Districts Numbers 1131 and 954 locally known as Coleman and Springvale Districts shall constitute district number three; General Militia Districts Numbers 1566 and 777 locally known as the Benevolence and Brooksville District shall constitute district number four; and General Militia Districts 1334 and 998 locally known respectively as Shellman and the Fourth shall constitute district number five. One commissioner shall be elected by each road district for the territory embraced in said district and shall be nominated and elected by the voters residing within the territory comprising his respective district. Road districts. Sec. 3. Be it further enacted by the authority aforesaid, that the Ordinary of Randolph County is hereby directed, authorized, and empowered to call a special election in said County of Randolph to be held on the 30th day of April, 1935, for the purpose of electing Commissioners of Roads and Revenues for said county, and said election shall be held

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and conducted in the same manner and under the same rules and regulations now of force in this State for the election of members of the General Assembly of Georgia. Election of commissioners. Sec. 4. The Ordinary of Randolph County shall pass an order calling said election and record the same upon the minutes of the Court of Ordinary of said county, and shall give notice of the said election by publishing the same in The Liberal Enterprise in at least two issues of said paper prior to said election; and said Ordinary of Randolph County is hereby authorized and empowered to appoint superintendents and election managers to hold and conduct said election, to perform all other acts necessary in calling and conducting said election, to furnish the tickets and election blanks, and all expenses incurred in holding said election, shall be paid out of the county funds of said county. Sec. 5. The superintendents and managers of said election shall assemble at the court-house in Cuthbert, Randolph County, Georgia, on the day after the election and before twelve o'clock noon, Central Standard Time, consolidate the returns of said election, and file the same with the Ordinary of Randolph County, together with all the papers and ballots connected therewith; and said ordinary shall declare the results of said election, and enter the same upon his minutes on the same day the returns are filed with him. Sec. 6. The commissioners elected in and by said election for the respective districts under this Act shall qualify upon the Tuesday immediately following said election or as soon thereafter as conveniently possible. Qualification. Sec. 7. The commissioners elected in and by said election for Commissioner Districts Numbers One and Five shall hold office until the first Tuesday in January, 1937, and the commissioners elected in and by said election for Commissioner Districts Numbers Two, Three, and Four shall hold office until the first Tuesday in January, 1939. Thereafter the terms of all commissioners elected under the terms of this Act shall be for two years. All commissioners elected under the terms of this Act shall hold office until their successors

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are elected and qualified and all elections held under this Act except as herein specified shall be subject to the same laws controlling the elections of members of the General Assembly. Terms of office. Sec. 8. Be it further enacted by the authority aforesaid, that should a vacancy, from death, resignation, removal from county or district, or otherwise, occur in said Board of Commissioners, the same shall be filled by a majority vote of the qualified voters in and of the Commissioner District wherein the vacancy occurs voting in an election specially called by the ordinary of said county in said district for electing a successor to fill said vacancy, said district election being subject to the same laws provided by statute in vacancies occurring in county offices. Vacancies. Sec. 9. Be it further enacted, that each of the persons so elected shall, before entering upon the performance of his duties, take and subscribe before the judge of the superior court of said county, or the ordinary of said county, an oath to faithfully perform the duties of Commissioners of Roads and Revenues under this Act and the Constitution and laws of this State, which oath, when taken and signed, shall be recorded in a book of minutes hereinafter required to be kept by the clerk of said board. Oath. Sec. 10. Be it further enacted, that said Board of Commissioners shall hold their regular meeting on the first Tuesday in each month at the court-house in the City of Cuthbert, said courts beginning on the first Tuesday immediately following said special election; provided, that the regular time and place of meeting may be changed to some other place or time by orders on their minutes of which due notice shall be given by publication in the official newspaper of said county, which order shall remain of force until rescinded; and provided further, said commissioners may hold special session at any time they may see fit and proper, or may be called together by a majority of said board for county purposes. Meetings.

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Sec. 11. Be it further enacted, that said commissioners shall have power to exercise exclusive and original jurisdiction and control in Randolph County over all county matters heretofore vested by law in the ordinaries of the various counties of this State so far as relates to roads, bridges, public buildings, property, misdemeanor convicts, management of the county jail and its fees, the control and maintenance of its paupers, assessing and collecting taxes, disbursing public money for county purposes, establishing and maintaining quarantine and health regulations in said county, and enforcing them through necessary officers and agents, and exercising such other powers as are granted by law or as may be indispensible to the jurisdiction over county matters, or county finances. Jurisdiction. Sec. 12. Be it further enacted, that a majority of said commissioners shall constitute a quorum to transact business, or exercise any power therein delegated pertaining to the duties of said commissioners. Quorum. Sec. 13. Be it further enacted, that said commissioners at their first meeting held under this Act or as soon thereafter as convenient, and at the first meeting in each calendar year thereafter, shall elect one of their number as chairman, whose duty it shall be to preside at all meetings, to approve and sign the minutes of each meeting, and to sign, as chairman, all orders and processes of said commissioners. Chairman. Sec. 14. Be it further enacted, that no funds of said county shall be disbursed or paid out by the county depository or otherwise unless the same shall have been signed by the chairman of said board and the clerk; provided, this shall not apply to jury script, and orders drawn by the judge of the superior court. Disbursements. Sec. 15. Be it further enacted, that the board of commissioners shall elect their own clerk with such pay as the board may allow, and it shall be the duty of said clerk to attend all meetings of the commissioners, and keep in a well bound book, to be provided at the expense of the county, full and accurate minutes of all their transactions, to file in order of

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their date all original orders and other papers, and to arrange and keep in order of their filing all petitions and applications and other papers addressed to said commissioners, and to record in a separate book, all orders given or approved by said commissioners for the payment of money by the county depository or other authority holding the same; and all books, files and records by this Act, required to be used or kept shall always be open at the county site for inspection of any taxpayer of the county on demand. Clerk of board. Sec. 16. Be it further enacted, that the board of commissioners shall have the books and accounts of the tax-collector, the tax-receiver, sheriff, 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 think advisable, and each year thereafter they shall 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 as may be necessary for a clear understanding of the affairs of the county, as of January first 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. The commissioners shall at each term of the superior court prepare and submit to the grand jury a complete statement in writing of the condition of the county property, paupers, finances, and public roads and buildings, and shall, whenever called upon by the grand jury, furnish full and distinct information concerning the public business of the county. An intelligent statement of each audit required by this Act, showing the financial condition of the county, its receipts and disbursements, shall be published by the commissioners immediately subsequent to the May term of the Superior Court of said county, so that the citizens and taxpayers may fully understand the financial condition of the county. Audit. Financial statement. Sec. 17. Be it further enacted, that said commissioners shall be commissioned in the same manner as justices of the peace. Commission.

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Sec. 18. Be it further enacted, that said board of commissioners shall require said clerk before entering upon the discharge of his duties, to take the same oath taken by them and to enter into bond with good security, payable to said commissioners and their successors in office, conditioned to well and truly do and perform the duties of said office, said bond to be in the sum of one thousand dollars. Clerk's oath, bond. Sec. 19. Be it further enacted by the authority aforesaid, that said commissioners shall receive the same pay as jurors for each day while occupied and engaged at the regular and special sessions in transacting business for county purposes, to be paid from funds of the county on an order drawn by the board and signed by the chairman and clerk; and said commissioners shall be exempt from road, jury, and militia duty, and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Per diem. Exemptions. Liabilities. Sec. 20. Be it further enacted 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 13, 1935. RANDOLPH COMMISSIONER; REFERENDUM. NO. 16. An Act to create the office of Commissioner of Roads and Revenue of the County of Randolph; to provide for his election and his recall; to prescribe the term of office of the commissioner so elected; to define certain qualifications of said commissioner; to define the duties of the commissioner, and provide for the proper supervision of his acts and the auditing of his books and such records as are now kept in the office of Commissioners of Roads and Revenue; to specify the compensation of such commissioner, and how it may be levied and paid for his work; and generally to provide for the management of the affairs of said county, and for clerk of said commissioner; and for other purposes.

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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 January 1, 1937, the county affairs of Randolph 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. Sec. 2. Be it further enacted by the authority aforesaid, that said commissioner shall be elected by the qualified voters of said county at the regular general State elections provided by law except the first incumbent of said office who shall be elected as hereinafter provided and subject to all rules and regulations governing primaries and elections in this State. Said commissioner shall hold office for a term of four years, beginning January 1, 1937. Election, term of office. Sec. 3. 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 four years next preceding the term for which he is elected, must be of good moral character, and must have had some practical business experience, and at least a general knowledge of bookkeeping. Qualifications. Sec. 4. Be it further enacted by the authority aforesaid, that the managers of elections held under this Act shall consolidate the returns of said elections, as provided by law for general elections held in said county, and certify the results to the ordinary of Randolph 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 Randolph 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. Sec. 5. Be it further enacted by the authority aforesaid, that the only eligible candidates for said special election, as outlined in section 4 of this Act, shall be the two candidates

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receiving the highest votes, and after said special election has been held it shall be the duty of the ordinary of Randolph 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 Revenue of Randolph County, Georgia, and shall be so commissioned by the Governor of the State of Georgia. Sec. 6. Be it further enacted by the authority aforesaid, that all expenses incurred in special elections, as outlined in sections four and five of this Act, shall be borne by said Randolph 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. Sec. 7. Be it further enacted by the authority aforesaid, that said commissioner, before entering on the discharge of his duties as such, shall give bond, with good security (said security to be a good and solvent surety company authorized to do business in Georgia), approved by the ordinary of said county, in the sum of ten thousand dollars payable to 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 the conditions thereof, which said bond may be sued upon in the name of said ordinary, either on his own motion or by direction of the grand jury of said county; and the said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance or misfeasance in office, as well as for neglect or nonfeasance. Said commissioner is authorized to pay the annual premium due on such bond out of the public funds of said county. Bond. Sec. 8. Be it further enacted by the authority aforesaid, that said commissioner shall, before entering upon the duties of his office, make and subscribe to an oath before the ordinary

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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 Randolph. Oath. Sec. 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $2,400.00 per annum, to be paid at the rate of two hundred dollars per month at the end of each calendar month; however, the grand juries which may see fit to so do can in their wisdom diminish said $2,400 dollars as salary of said commissioner as low as $1,800.00 per annum or as high as $3,000.00 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: $2,400.00 per annum. Salary. Sec. 10. Be it further enacted by the authority aforesaid, that in case of a vacancy in the office of commissioner, by reason of death, resignation, or otherwise, the ordinary of said county shall serve as commissioner until his sucessor 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 specified in this section shallbe as those provided by law in other vacancies of county offices of said Randolph County. Vacancy. Sec. 11. Be it further enacted by the authority aforesaid, that said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, viz: In directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering or abolishing public roads, bridges, ferries, in conformity to law; in supervising the tax officers' 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

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

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Sec. 12. Be it further enacted by the authority aforesaid, that said commissioner shall have authority to employ a competent attorney at law to advise him and represent the county in any litigation which may arise in which said county is a party. Said commissioner shall pay said county attorney not exceeding one hundred dollars per annum for his ervices in advising said commissioner. Whenever it is deemed necessary, said commissioner may employ additional counsel to assist the county attorney. Attorney. Sec. 13. Be it further enacted by the authority aforesaid, that said commissioner shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to the County of Randolph 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 in said county. Convicts. Sec. 14. Be it further enacted by authority aforesaid, that said commissioner shall elect one regular day of each week, in which he shall remain in his office at the court house of said county, for the transaction of public business in connection with his office, and the remainder of the working time in each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps in the most economical manner, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties as such commissioner, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which will interfere with the discharge of his duties. Office time, etc.

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Sec. 15. Be it further enacted by the authority aforesaid, that said commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose and on what fund. He shall also keep a book in which he shall record in itemized form all articles or things of whatever kind purchased by him for the use and consumption of and by any department of the county government, giving the name of the article, date when purchased, from whom purchased and the price paid thereof, 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, for all expenditures on account of the chain-gang of the county, including supplies, equipment, and expenses thereof, 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 kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to the inspection of any and all citizens of Randolph County who may be interested in same. Minutes, accounts. Sec. 16. Be it further enacted by the authority aforesaid, that said commissioner, at the end of each quarter, shall make up an itemized statement showing all amounts collected and expended on behalf of the county during that quarter. Said statement shall show the balance of cash on hand at the beginning of the quarters 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

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statement by an affidavit as follows: I,....., Commissioner of Roads and Revenue of Randolph 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 commissione can not obtain the publication of said count or statement at a satisfactory price by the official newspaper of the county or some other newspaper with the 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. Sec. 17. Be it further enacted by the authority aforesaid, that it shall be unlawful for said commissioner to employ any person related to him within the third degree, either by blood or marriage, or to contract with such person or persons for any equipment, material, or supplies, or for any work to be done on the public roads, bridges, or other works of the county, except upon full specifications and due advertisement in regard thereto, and a person related to the commissioner submits a bid and is the lowest bidder thereof. 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

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the awarding any contract of said county; and if any commissioner shall violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed in section 27-2506 of the Code of Georgia of 1933, and shall forfeit his office, which shall be filled as hereinbefore provided for in this Act. Prohibited transactions with relatives. Bids. Sec. 18. Be it further enacted by the authority aforesaid, that no material for public roads, bridges, public buildings, or properties under control of said commissioner of the county shall be purchased except upon written specifications as to quality, and all such material or supplies must be suitable for the purpose intended, of good quality, and standards generally recognized for such purpose as to be used. Metal culverts, concrete culverts, steel bridges, timber bridges, and other road and bridge material shall be purchased upon written specifications embodying such standards as now or will be recognized by the Federal Bureau of Roads, or the State Highway Department of Georgia. All laws of Georgia as to competitive bidding for all such materials shall be strictly observed. Purchases. Sec. 19. Be it further enacted by the authority aforesaid, that. said commissioner may receive contributions for the improvement of public roads, bridges, or public works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government, and such contributions when received, shall be used for the improvement of same as designated by the contributor; and said commissioner shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and he shall take and file receipts for all such disbursements, and he and his sureties on his official bond shall be liable to the ordinary of said county, for any misappropriation of any such funds, on said bond. Contributions for roads, etc. Sec. 20. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner, in all roads and bridge work done in said county, to keep always in view

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what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said commissioner. Policy in road and bridge work, good of majority. Sec. 21. Be it further enacted by the authority aforesaid, that said commissioner shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the Director of Public Roads of the United States Department of Agriculture, and shall secure and keep in his office and familiarize himself with all bulletins and pamphlets bearing upon the subject of road-building, and it shall be his duty at all times to entertain and discuss with such officers and officials, theories and methods of road-building. Cooperation with State and Federal road departments. Sec. 22. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to have the main streets and thoroughfares of the incorporated cities and towns of said county, which are continuous or extensions of public roads leading into or from said cities or towns, worked and kept in repair in the same manner as the public roads of said county are now worked and maintained outside of said cities or towns of said county. Streets. Sec. 23. Be it further enacted by the authority aforesaid, that it shall be the duty of said commissioner to cooperate 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. Municipalities. Sec. 24. Be it further enacted by the authority aforesaid, that the working of streets and thoroughfares in and through the several cities or towns of said county, as herein provided for, shall at all times be under the direction, supervision, and control of said commissioner, just as the public-road work of the county is now performed; provided that in

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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. Sec. 25. Be it further enacted by the authority aforesaid, that the grand jury sitting at the last regular term of court in each year may appoint one or more expert accountants, or expert bookkeepers to audit the books, accounts, and warrants of said commissioner. Said accountant 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. Such accountant or bookkeeper shall audit all books, accounts, vouchers, warrants, and other records of said commissioner up to the first of April of the year following their appointment, and shall prepare an inventory of all property and material of said county on hand at that date, and make a report of their findings to the judge of superior court of said county, who shall submit the same to the grand jury at the first regular term of the superior court thereafter, which grand jury, in its discretion, may provide for the publication of said report in the official newspaper of the county or in pamphlet form. The grand jury appointing such accountant or bookkeeper shall prescribe the amount to be paid them for their services. Audit. Sec. 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 Randolph County 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 conducted the affairs of his office, or is otherwise not qualified to manage the affairs of his office, such grand jury so finding may recommend that the grand jury at the next regular term of said superior court declare said office of commissioner vacant; and if said second grand jury, by a majority vote thereof, concurs in the first grand jury's recommendation,

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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 hreinbefore 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 investigation, etc. Vacancy in office. Sec. 27. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of the superior court of Randolph County to act as clerk for said commissioner, keeping all records, books, and minutes of said commissioner's office, and display them or publish them as may be directed by said commissioner, for the information of the general public; and said clerk shall receive as compensation $500.00 per annum, payable monthly, at the end of each calendar month, which monthly payment would be fortyone dollars and sixty-six and two thirds cents. Clerk of superior court to act as clerk of commissioner; compensation. Sec. 28. Be it further enacted by the authority aforesaid, that if for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then the 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 protions of this Act shall be enforced without regard to the section, provision, or clause or part which may be held to be invalid. Invalidity of part of Act, not invalidate other part. Sec. 29. Be it further enacted by the authority aforesaid, that the provisions of this Act shall be submitted for ratification or rejection to the qualified voters of the said County of Randolph in the general election of 1936 and that the ballots used in said election shall have printed thereon as follows: For Ratification of The Act Creating The Office of County Commissioner, and For Rejection of The Act Creating The Office of County Commissioner, and in the event that this Act shall be ratified by a majority of the voters of said county in said general election then and in that

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event it shall immediately take effect and the ordinary of said county shall immediately call an election for the purpose of electing a Commissioner of Roads and Revenues of Randolph County, Georgia, under the laws governing elections for county officers now in force in this State and said commissioner so elected shall qualify and enter upon the discharge of his duties under this Act on the 1st day of January, 1937. In the event that this Act shall be rejected by a majority of the qualified voters of the County of Randolph, the provisions thereof shall be null and void. Referendum. Sec. 30. Be it further enacted by the authority aforesaid, that in the event the qualified voters of th County of Randolph shall ratify this Act as provided herein, all Acts creating a Board of Commissioners of Roads and Revenues in and for the County of Randolph, prescribing the duties and powers thereof, providing for their appointments, qualifications and election of the members thereof, providing for a clerk of said Board and for other purposes as contained in the Acts of the General Assembly of 1935 or in other Acts of the General Assembly, and laws amendatory thereof, be and the same are hereby repealed, and the provision for repeal of such Acts herein enacted shall take effect and become operative on the last day of January, 1937. Repeal of other Acts. Sec. 31. Be it further enacted 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 13, 1935. RICHMOND COMMISSIONERS' CHAIRMAN. No. 56. An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues of the County of Richmond, to define their powers and duties, and for other purposes, approved August 19, 1907 (Acts 1907, p. 324), as amended by an Act approved August 17, 1918 (Acts 1918, p. 490), as amended by Act approved August 16, 1920 (Acts 1920, p. 606), as amended by Act

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approved August 15, 1927 (Acts 1927, p. 649), as amended by an Act approved August 20, 1929 (Acts 1929, p. 711), as amended by Act Number 77, approved August 14, 1931 (Acts 1931, pages 555-60), amended by an Act approved March 10, 1933 (Acts 1933, pages 650-1), so as to abolish the chairmanship of said board now existing and recreating the same, and providing for the election of such chairman and the terms of office thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the office of the Chairman of the Board of Commissioners of Roads and Revenues for Richmond County, as now existing, is hereby abolished, and the chairman of said board is hereby recreated, to be elected as provided for in section two (2) of this amendatory Act. Office of chairman abolished and recreated. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act set forth in the caption hereof as amended be further amended in the following particulars, to wit: The following words in lines thirty-four (34) to forty-five (45) inclusive, of section one, as amended, appearing in the printed Acts of 1931, on pages 556-557, of an Act approved August 14, 1931, to wit: The commissioners elected shall, before entering upon the discharge of their offices, elect a chairman from among their number, to serve as such until his term as commissioner expires, and upon such an expiration his successors, from time to time, as chairman, shall, in like manner and for a like term chosen, take an oath before the Judge of the Superior Court to faithfully discharge their duties, and shall receive, as compensation for their services as such commissioners, the sum of twelve hundred dollars each per annum, beginning on the first day of the month after the approval of this Act, be stricken out and that then be inserted in lieu thereof the following, to wit: The commissioners elected shall, at their first meeting after

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the approval of this Amendatory Act, elect a chairman from among their number to serve as such chairman until the first meeting of said board in January, 1936, and until a successor chairman shall be elected and assume office as such chairman; and at the first regular meeting of such board in each January hereafter, beginning January, 1936, a successor chairman from time to time, shall in like manner and for a like term of one year, expiring on the first meeting of said board in January of each year, be chosen; and each and all of said commissioners before entering upon their duties as such commissioners shall take an oath before the Judge of the Superior Court to faithfully discharge their duties, and shall receive, as compensation for their services as such commissioners, the sum of twelve hundred dollars each annually, beginning from the date of the approval of this Act. Repealed provisions. Election of chairman, term of office. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1935. SCREVEN SHERIFF'S BOND; AMOUNT. No. 167. An Act to fix the amount of the bond of the Sheriff of Screven County, Georgia at $3,000.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the bond to be given by the Sheriff of Screven County, Georgia, to enable him to qualify, shall be $3,000.00. Sheriff's bond. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935.

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STEPHENS COMMISSIONERS; AMENDING ACT. NO. 368. An Act to amend an Act approved August 19, 1918, entitled: An Act to provide for County Commissioners for Roads and Revenues for the County of Stephens, and for other purposes, Acts 1918, pages 492 to 498, and all Acts amendatory thereof, and particularly the amending Act approved August 5, 1929, entitled, An Act to amend an Act to provide for County Commissioners of Roads and Revenues for the County of Stephens, and for other purposes, Act 1929, pages 719 to 720; so as to provide for the election of the commissioners by the qualified voters of said county to fix the term of office of said commissioners; to fill vacancies on said board; to fix salaries of said commissioners; to provide for the recall of said commissioners; to provide for the forfeiture of the office of any commissioner who shall promise to appoint or vote for any person for any county office; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after January 1, 1936, an Act approved August 19, 1918, entitled An Act to provide for County Commissioners of Roads and Revenue of Stephens County, and for other purposes, and found on pages 492 and 493, Georgia Laws, 1918, be and the same is hereby amended by striking all of section two of said Act and substituting in lieu thereof the following: Section 2. The three commissioners provided for shall be elected by the qualified voters of Stephens County. Said commissioners shall be elected from the county at large. The Ordinary of Stephens County shall call an election to be held by managers designated by him and to be held on the first Wednesday in August, in 1935, at which election the ballots shall contain the names of all the candidates for commissioners. The ordinary shall publish a notice of the calling of said election in the Toccoa Record once a week for four weeks prior to the date of such election. New section 2. Election of commissioners.

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The managers shall conduct all elections herein provided for under the same laws and regulations as now required by law for holding general elections in Stephens County and report the results thereof to the ordinary. The ordinary shall declare the three persons who shall receive the highest number of votes cast at the election held on the first Wednesday in August, 1935, to be elected as commissioners. The candidate who shall receive the highest number of votes shall hold office for a term of three years; the candidate receiving the next highest number of votes shall hold office for a term of two years, and the candidate receiving the next highest number of votes shall hold office for a term of one year. Their terms of office shall begin on January 1, 1936. Annually, after the first election as herein provided, an election shall be held on the first Wednesday in August of each year for the election of one commissioner for a full term of three years. The managers at such election shall report the results thereof to the ordinary who shall declare the person receiving the highest number of votes the duly elected commissioner for such term, beginning on the succeeding January first. Commissioners elected shall be commissioned by the Judge of the Superior Court of Stephens County after their election has been certified by the ordinary and they shall hold office until their successors are elected and qualified. Commission. Sec. 2. Be it further enacted by the authority aforesaid, that section 5 of said Act found on pages 493 and 494, be, and the same is hereby amended by striking all of said section 5, and substituting in lieu thereof the following: Section 5. All vacancies on the board shall be filled by election by the qualified voters of Stephens County at a special election called by the ordinary of said county after publishing a notice of the calling of such election once a week for four weeks prior to the election, in the official organ of said county. Such special election shall be held in not less than thirty and not more than sixty days after the vacancy occurs and according to the laws and regulations for the holding of the regular elections herein provided for, and

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the result shall be declared by the ordinary. The commissioner so elected at any special election shall hold office for the unexpired term. Section 5 as amended. Vacancies. Sec. 3. Be it further enacted by the authority aforesaid, that from and after January 1, 1936, an Act approved August 5, 1929, entitled, An Act to amend an Act to provide for County Commissioners of Roads and Revenues for the County of Stephens, and for other purposes, approved August 19, 1918, Georgia Laws, 1918, pages 492 et seq., and for other purposes, as found on pages 719 and 720, Georgia Laws, 1929, be, and the same is hereby amended by striking all of section one, which section amends section eight of the Act of 1918, and inserting in lieu thereof the following: Section 8. Each of said commissioners shall be paid the salary of five dollars per month, beginning January 1, 1936. Amended section; salary. Sec. 4. Be it further enacted, by the authority aforesaid, that any or all of the commissioners may be removed from office at any time by recall upon the following procedure: If as many as one-third of the qualified voters of the County of Stephens, as shown by the voters list for the last general election, shall present a written petition to the ordinary, naming the commissioner or commissioners sought to be recalled and the reason for recalling said commissioner, the ordinary shall immediately publish a notice in the official organ of Stephens County, stating that such a petition has been filed and that an election will be held on a named date in accordance with said petition. Such notice shall be published once a week for four weeks, and said election shall be held as soon as the same can be legally done, but not less than thirty, nor more than sixty days after the filing of said petition for recall with the ordinary. Recall of commissioner. The ordinary of said county shall name the managers for holding said election and the existing laws relative to the holding of elections in said county shall apply to the holding of this election. The tickets of said election shall have printed thereon:

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For recall of Commissioner..... (Naming the Commissioner) 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 to the ordinary of said county as in other elections and the result shall be declared by the ordinary of said county as in other elections; and if a majority of those voting in such election vote in favor of the recall of such commissioner such office shall become vacant from the time the results are announced by the ordinary and the vacant office shall be filled at an election held as herein provided in this Act for the filling of vacancies in office. No person removed by recall, or who resigns after a petition for recall has been filed against him, shall be eligible for election as a commissioner until after the expiration of the term of office for which he was orginally elected. Sec. 5. All candidates for commissioner at any regular or special election shall, fifteen days prior to such election, signify their intention of becoming a candidate for such office by personally registering their name with the Ordinary of Stephens County. Any candidate for commissioner shall not, before his election, directly or indirectly promise any person to appoint or vote for such person, or any other person, to any office or employment in said county. A violation of these provisions shall forfeit the right to hold the office of commissioner. Notice of candidacy. Prohibited promises of candidate. Sec. 6. Be it further enacted, that all laws and part of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1935. STEPHENS SHERIFF'S BOND REDUCED. No. 159. An Act to reduce the bond of the Sheriff of Stephens County, Georgia, from the amount of $10,000.00 to $3,000.00; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That the Sheriff of Stephens 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. Sheriff's bond reduced to $3,000. Sec. 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. Sec. 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 15, 1935. STEPHENS SHERIFF'S BOND REDUCED. No. 408. An Act to reduce the bond of the Sheriff of Stephens 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 Stephens 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. Duplicate of preceding Act. Sec. 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.

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Sec. 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 28, 1935. STEWART SHERIFF'S BOND; AMOUNT. NO. 154. An Act to fix the amount of bond of the Sheriff of Stewart County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the bond to be given by the Sheriff of Stewart County, Georgia, to enable him to qualify, shall be not less than five thousand dollars and not more than ten thousand dollars, to be fixed by the Ordinary of Stewart County. Amount of sheriff's bond. Sec. 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 No. 1 hereof. Discretion of ordinary. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. TALBOT SHERIFF'S BOND REDUCED. NO. 62. An Act to reduce the bond of the Sheriff of Talbot County from ten thousand dollars to three thousand dollars. Be it enacted by the General Assembly of Georgia: Sheriff's bond reduced to $3,000.

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Section 1. That from and after the passage and approval of this Act the official bond of the Sheriff of Talbot County be and the same is hereby reduced in amount from ten thousand ($10,000) dollars, as now provided by law, to three thousand ($3,000) dollars, and said sheriff shall not hereafter be required to give an official bond in an amount in excess of three thousand ($3,000) dollars. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1935. TELFAIR COMMISSIONER; AMENDING ACT. NO. 269. An Act to amend an Act approved August 27, 1931, which created the office of Commissioner of Roads and Revenues for the County of Telfair, define the powers and duties, provide for his election, qualifications and compensation, so as to provide a four year term for said commissioner, to provide for the election of the said commissioner at the General County Election by the qualified voters; to provide for the filling of vacancies; to extend the term of the present commissioner; to reduce the bond of said commissioner; to provide for an increase of the clerk's salary; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 27, 1931, which created the office of Commissioner of Roads and Revenues for Telfair County be amended by striking section 2 of said Act and inserting in lieu thereof the following, to wit: Section 2. The term of the office of such commissioner shall be for four years, beginning on January 1st, following the general county election of Telfair County. The commissioner shall be elected at the general county election at

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which other officers of Telfair County are elected. If for any reason the office of commissioner shall become vacant, then the Judge of the Oconee Judicial Circuit shall appoint a commissioner to serve until his successor is elected at a special election called by the ordinary of said county. Provided also that the present commissioner shall serve until January 1st following the next general election for Telfair County. New section 2. Term of office, election, vacancy. Sec. 2. That the Act approved August 27, 1931, be amended by striking from the third line of section 3 of said Act the words and figures twenty-five thousand dollars ($25,000) and inserting in lieu thereof the words and figures eighteen thousand dollars ($18,000), so that said section as amended shall read as follows, to wit: Section 3. Before entering upon the discharge of his duties the Commissioner of Roads and Revenues of said county shall give bond in the sum of eighteen thousand dollars ($18,000), with some responsible surety company authorized to do business in Georgia as his surety, payable to and approved by the ordinary of said county, and conditioned for the faithful performance of the duties of the office and the full and true accounting of all moneys, funds, and effects of said county going into his hands or coming under his custody, possession, and control or expended by virtue of his direction, such bond to be filed in the office of the ordinary of said county and there recorded and safely kept. The premium on said bond shall be paid by said county and out of its funds. Bond of commissioner. Sec. 3. That the Act approved August 27, 1931, be amended by striking from the third line of section 7 of said Act the words and figures seventy-five dollars ($75.00) and inserting in lieu thereof the words and figures eightyfive dollars ($85.00), so that said section as amended shall read as follows, to wit: Section 7. Said Commissioner of Roads and Revenues of said county shall have authority to employ a competent clerk, at a salary not to exceed eighty-five dollars ($85.00)

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per month, and is authorized in his discretion to require bond, and shall prescribe the duties of such clerk, and may, with or without cause, discharge such clerk at any time. Clerk, salary. Sec. 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1935. TREUTLEN BOARD OF COMMISSIONERS CREATED. NO. 104. An Act to create a Board of Commissioners of Roads and Revenue for the County of Treutlen; provide manner of their election; to define their duties and powers; fix their salaries and term of office; to provide for filling vacancies; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the first day of January, 1937, and after the qualification of the members hereinafter named, there is created a Board of Commissioners of Roads and Revenues of Treutlen County, which board shall consist of three members namely; Jim L. Gillis; O. A. Smith and Hilton Phillips, who shall serve for the following terms, Jim L. Gillis for a term of six (6) years from January 1, 1937; O. A. Smith for a term of four (4) years from January 1, 1937 and Hilton Phillips for a term of two (2) years from January 1, 1937 and until their successors are elected and qualified. Board created. Members named. Sec. 2. Be it further enacted by the authority aforesaid, that the terms of office of the successors of the commissioners of the Board of Roads and Revenues for the County of Treutlen hereinbefore named shall be six (6) years, and until their respective successors are elected and qualified. Terms of office. Sec. 3. Be it further enacted by the authority aforesaid, that the respective successors to the Commissioners of the Board of Commissioners of Roads and Revenues for the

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County of Treutlen shall be elected as follows. The Grand Jury sworn and serving at the last term of the Superior Court of Treutlen County, preceding the expiration of the term of any member of the Board of Commissioners of Roads and Revenues of the County of Treutlen, while in lawful session and by a majority vote of said Grand Jury, shall nominate a successor to the member of said Board of Commissioners of Roads and Revenues for said County of Treutlen whose term expires on January 1st, thereafter. No member of the Grand Jury serving at the term said nomination is to be made shall be eligible to be nominated. Immediately upon said nomination being made, the Grand Jury shall notify the Judge of the Superior Court then presiding in said Treutlen County, and if said Judge shall approve said nomination, he shall cause an order placed on the minutes of said Treutlen Superior Court, declaring said nominee the duly elected successor of the member of the Board of Commissioners of Roads and Revenues for Treutlen County, whose term expires on January 1, thereafter. Should said judge fail to approve any nominee of the Grand Jury, such fact shall be made known by him to said body and such Grand Jury shall continue to nominate until some nominee is approved as aforesaid. Election of successors. Sec. 4. Before entering upon the discharge of their duties, each member of the Board of Commissioners of Roads and Revenues for Treutlen County, shall give bond in the sum of three thousand ($3,000.00) dollars, each, with some responsible surety company authorized to do business in Georgia, as his surety, payable to and approved by the ordinary of said county, and conditioned for the faithful performance of the duties of the office, and the full and true accounting for all monies, funds, and effects of said county going into their hands or coming under their custody, possession, and control, or expended by virtue of their direction, such bond to be filed in the office of the ordinary and be there recorded and safely kept. The premiums on said bonds shall be paid by said county, and out of its funds. Bond.

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Sec. 5. In addition to the oath required of all county officers, such commissioners shall take an additional oath to perform the duties of their office truly and faithfully, to the best of their skill and knowledge, and to account for all money, property and effects, of said county, going into their possession, custody, or control and/or expended by or under their direction. Oath. Sec. 6. Should a vacancy occur by reason of the death, resignation, removal from the county of said commissioner, or otherwise, the Judge of the Superior Court of said county, shall name and appoint a commissioner to fill said vacancy or vacancies until a successor is elected and qualified as hereinafter provided. If at the time of the vacancy or vacancies a Grand Jury be then in session, such Grand Jury shall elect a successor or successors, and the Judge of said Superior Court, shall name and appoint such person or persons so elected to fill such unexpired term. If no Grand Jury is in session at the time, then the first Grand Jury convened and in session thereafter, whether at a regular term of court or in special or called session, shall nominate some person for said unexpired term or terms, who shall be named and appointed by the Judge of said court as hereinbefore provided to fill the unexpired term or terms. Vacancy. Sec. 7. Be it further enacted by the authority aforesaid, that said Board of Commissioners shall hold a regular meeting in each month on the first Tuesday thereof; the first meeting of said board to be held on the first Tuesday in January 1937, at 10 o'clock A. M., when the ordinary of said county shall turn over to them, all records, books, and official records pertaining and belonging to said county connected with the business of said county, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. At this meeting, or as soon thereafter as practicable, the Board of Commissioners shall organize by electing one of the members as chairman, one as vice-chairman, and every two years thereafter on the first Tuesday in January a chairman and vice-chairman shall be elected, but

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any chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. Election of chairman, etc. The vice-chairman, shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all the duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meeting after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other two members of the board, and shall do so whenever the other two members make such request in writing. Any two members of said board shall constitute a quorum. Duties. Sec. 8. Each member of said Board of Commissioners of Roads and Revenues for said county, shall receive a salary of twenty-five ($25.00) dollars per month, payable monthly out of the general funds of said county. No member of said board shall receive any other compensation for expenses or otherwise whatever, for any services or expenses incurred within the County of Treutlen. Should it become necessary for any member of said board to transact business for the county outside the limits of said County of Treutlen, then his or their expenses only shall be paid out of the general funds of the county, when and only after said itemized expense account is approved by the Judge of the Superior Court of said county. Salary. Sec. 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, 1937, or as soon

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thereafter as practicable and at the first meeting in each year thereafter elect a clerk. Any citizen of said county, not a member of said board shall be eligible to hold said office of clerk of said Board of Commissioners, and shall receive a salary for his services to be fixed by said board, not to exceed the sum of fifty ($50.00) dollars, per month. Said clerk before entering upon his duties shall give bond, with some responsible surety company, authorized to do business in Georgia, as his surety, in the sum of five thousand ($5,000.00) dollars, to be approved by said Board of Commissioners, the premium on said bond to be paid by the county, payable to the ordinary of said county and his successors in office, and conditional for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the ordinary of said county, and recorded on his minutes, and may be sued on in like manner as the bond of said commissioners. He shall keep minutes of all meetings of said Board of Commissioners, an inventory of all properties, and such books and records as may be required of him by said Board of Commissioners, and do such other acts and things as may be required of him by law or by said Board of Commissioners. Said Board of Commissioners shall or may discharge said clerk at any time, and elect a successor. Clerk. Sec. 10. Be it further enacted by the authority aforesaid, that the Board of Commissioners either themselves or duly appointed agents, shall purchase all equipment, material and supplies necessary for said county, of such kind and quality and in such quantities as may be needed, and wherever practicable, purchases of all equipment, materials and supplies shall be by competitive bids, which bids shall be kept on file in the office of commissioners and subject to inspection by the Grand Jury or other interested citizens. All purchases shall be charged to Treutlen County; and before bills therefor are submitted to the board for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the Board of Commissioners at a regular meeting of said board,

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said approval shall be endorsed on said bills by the chairman and a list thereof entered upon the minutes of the board, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the chairman and clerk as all other warrants drawn on the treasurer shall be signed before payment thereof is made, except that in the absence of the chairman, said vice-chairman shall be authorized to sign warrants. Purchases. Sec. 11. That said Board of Commissioners may at their discretion, and when they deem necessary, elect a superintendent of roads and bridges, said superintendent shall also be convict warden. Said superintendent shall give his entire time to said duties as such superintendent and warden, and shall not engage in any other business. He shall receive such salary as may be fixed by the Board of Commissioners, and shall hold his position at the pleasure of the Board of Commissioners. Superintendent of roads and bridges. Sec. 12. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall have the books and accounts of the Tax-Commissioner; Custodian of all county funds; Sheriff; Superintendent of Schools; Commissioners of Roads and Revenues and such other officers as may be necessary, audited by a certified public accountant of this State immediately after they take charge of the affairs of said county to cover such period as they deem advisable, and every year thereafter. Said audit shall be filed in the office of said Board of Commissioners of Roads and Revenues of said county, and shall at all times be subject to inspection by any citizen or taxpayer of said county. Audit. Sec. 13. 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 to wit: In directing, controlling, and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, or abolishing public roads, private roads, private ways, bridges and ferries, according to law; in establishing, abolishing, or changing election precincts

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and militia districts according to law; in supervising the tax-commissioner's books; and in allowing the insolvent lists, for said county, according to law; in settling all claims against the county; examining and auditing all claims and accounts of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county, or appropriating for its use or benefit, and bringing them to settlement; and especially are they charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; they may require from all such officers, subject to an examination, such reports as may be necessary to keep such Board of Commissioners, fully informed at all times, of the financial condition of the county; in controlling, caring for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing licenses fees as may be provided for the levying and collecting of the commutation road tax, fixing the amount to be paid in money or the number of days of work to be performed in lieu thereof; in trying all road defaulters, in accordance with law; and generally to have and exercise all powers heretofore vested in the ordinary of said county when sitting for county purposes; and to exercise such other powers as are granted by law or as may be indispensable to the jurisdiction over county matters or county finance; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise fixed by law, such as superintendent and guards of convicts and chain-gang, janitor of the court-house, superintendent of pauper farm should one be established, county physician and health officer, tax assessors, and county policeman, and other officers and guards as needed and authorized by law; and such board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the Board of Commissioners may

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direct, who shall be paid such salary or compensation as the Board of Commissioners may direct, out of the regular funds of the county, with authority of said Board of Commissioners to fix his term of office or to discharge him at any time; in regulating peddling license according to law. Said board shall have entire control of the convicts of said county sentenced to work upon the roads or works of said county by the proper authorities of the State assigned to the county by the proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges and works of said county as may now or hereafter be adopted or enforced by law in said county. The said board shall also have the right and authority to let the misdemeanor convicts sentenced in the local courts to other counties under such terms and conditions as may be fixed by the said board and approved by the Prison Commission of Georgia, and shall also have the right to reassign to some other Georgia county Treutlen County's felony convicts under the sanction and rules of said Prison Commission of Georgia. Jurisdiction. Sec. 14. Be it further enacted by the authority aforesaid, that said Board of Commissioners may receive contributions for the improvement of the public roads or bridges of the county from persons who own property along the same, or from any other person or persons, or from the State government, or the United States government, or from any corporation or firm who may be interested in the improvement of the roads and bridges, and such contributions when received shall be used for the improvement of the road or bridges designated by the contributor. Contributions. Sec. 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of said board or the clerk of said board to have any financial interest in sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the

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county, or the awarding of any contract for said county; and if any commissioner, or the clerk of said board, shall knowingly or wilfully violate any provision of this section, he shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by section 1065 of the Penal Code of Georgia of 1910, and shall forfeit his office or be discharged from employment. Prohibited interest in purchases or contracts. Sec. 16. Be it further enacted by the authority aforesaid, that this Act shall go into effect and become operative on the first day of January, 1937. When effective. Sec. 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935. TREUTLEN SHERIFF'S BOND REDUCED. NO. 325. An Act to reduce the bond of the sheriff of Treutlen County from ten thousand dollars ($10,000.00) to three thousand ($3,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act the bond of the sheriff of Treutlen County shall be reduced from ten thousand dollars ($10,000.00) to three thousand dollars ($3,000.00). Amount reduced to $3,000. Sec. 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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TREUTLEN TAX-COMMISSIONER'S BOND PREMIUM. NO. 84. An Act to amend an Act entitled An Act to create the office of Tax-Commissioner of Treutlen County, etc., approved August 7, 1925; providing for payment of said tax-commissioners bond premium. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act approved August 7, 1925, entitled An Act to consolidate and abolish the offices of Tax-Receiver and Tax-Collector of Treutlen County, Georgia, and to create the office of Tax-Commissioner of Treutlen County, Georgia, etc., be and the same is hereby amended by adding to section five (5) of said Act the following, The premium on said Tax-Commissioner's bond shall be paid by the proper authorities of Treutlen County, Georgia, out of the general funds of said county, so that said section 5 of said Act when so amended shall read as follows: Sec. 5. Be it further enacted by the authority aforesaid, that the County Tax-Commissioner of Treutlen County, Georgia, shall give a surety bond for the faithful performance of his duties in an amount equal to that now required of the Tax-Collector of Treutlen County. The premium on said tax-commissioner's bond shall be paid by the proper authorities of Treutlen County, Georgia, out of the general funds of said county. Premium on bond to be paid by the county. Sec. 2. Be it further enacted by the authority, aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 7, 1935.

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TWIGGS OFFICERS' REPORTS. NO. 313. An Act requiring certain officers of the County of Twiggs to publish quarterly reports in the official organ of the county showing an itemized statement of all receipts and disbursements for such quarter; providing that the expense of such publication shall be paid from the funds of such county; fixing a penalty for a refusal to publish such statements; providing when this Act shall go into effect; 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 it shall be the duty of the tax-collector, the Board of County Commissioners, and the County School Superintendent of the County of Twiggs, of said State, to publish in the official organ of Twiggs County, once every three months, a sworn statement showing the receipt of all revenue, the source from which derived, with an itemized list of all disbursements, which disbursements shall give the name of the payee of each and every item so disbursed, and shall be a full statement of the receipts and disbursements of all public funds. Financial statement publication. Sec. 2. That this Act shall become effective immediately upon its approval, and the first publication made hereunder shall be made in the first publication of the official organ of Twiggs County issued after April 1, 1935. Sec. 3. Be it further enacted, that the expense of such publication shall be paid from the public funds of the County of Twiggs by the officials charged with payment of county bills. Sec. 4. Be it further enacted, that it shall be a misdemeanor punishable by the court or courts of Twiggs County having jurisdiction thereof for any of the officers named in section one of this Act to refuse to publish such statement as herein set out, and in case of a board composed of more than

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one member, each member shall be equally guilty as principals for a failure to carry out the provisions of this Act. Penalty. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are herewith repealed. Approved March 26, 1935. TWIGGS TAX-COMMISSIONER. NO. 207. An Act to abolish the offices of Tax-Collector and Tax-Receiver in and for the County of Twiggs, and to create in their stead a County Tax-Commissioner for Twiggs County, Georgia, as authorized by the General Assembly of Georgia, in Act approved August 18, 1924, and ratified as constitutional amendment article 11, section 3, paragraph 1; to define the powers and duties of the said tax-commissioner; to provide the amount of his compensation and method and time of payment; to provide for the collection of taxes, fees, costs, and commissions due when such officer goes into office, to designate where funds collected by the tax-commissioner shall be deposited and to whom paid, to define the terms of office of such tax-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, to provide for reports to the State; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, 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 Twiggs, State of Georgia, be and the same are hereby abolished, and the office of Tax-Commissioner of Twiggs County, Georgia, is hereby created in lieu thereof, as authorized by an amendment to the constitution of Georgia, approved August 18, 1924, and found on pages 815-817, Acts General Assembly of Georgia for 1924, and

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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 Twiggs 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. Offices consolidated, tax-commissioner. Sec. 2. Be it further enacted by the authority aforesaid, that the office of Tax-Commissioner of Twiggs County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the Tax-Commissioner of Twiggs 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. Sec. 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the Tax-Collector of Twiggs 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. Sec. 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 Twiggs County by the State of Georgia for services rendered to the State, and heretofore paid by the State, shall be retained by the tax-commissioner as part compensation, or such sums as the State may hereafter allow. Fees, etc. Sec. 5. Be it further enacted by virtue of the authority aforesaid, that the said Tax-Commissioner of Twiggs County, Georgia, shall receive as additional compensation to be paid by Twiggs County, in addition to the sums paid by the State of Georgia heretofore enumerated, one half of the total amounts which the Tax-Collector and Tax-Receiver of Twiggs County, Georgia, now receive or may hereafter receive

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as fees, commissions, or costs from Twiggs County, Georgia, or as commissions on local or county-wide or other school taxes levied in said county, or from any other source or sources, other than the amounts received from the State of Georgia, so that the total compensation paid such Tax-Commissioner of Twiggs County, Georgia, shall include the sums heretofore received or that may hereafter be received from the State of Georgia as were formerly paid both the Tax-Collector and Tax-Receiver of Twiggs County, Georgia, plus one half () of the total fees, commissions, and costs of the tax-receiver and tax-collector when added together, which might have accrued to such officers had these officers not been abolished, which they would be entitled to receive from Twiggs County, Georgia, for costs on fi. fas., commissions on county taxes, or school taxes, or from any other costs or fees save those from the State of Georgia. Sec. 6. Be it further enacted by the authority aforesaid, that the compensation of the Tax-Commissioner of Twiggs County, Georgia, shall be paid from the treasury of Twiggs County by county warrant at the same times, places and manner in which compensation is now paid the Tax-Collector of Twiggs County, Georgia, 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 hereafter have been, collected by the tax-collector and tax-receiver from Twiggs County, or the county school authorities, for any and all duties performed. Sec. 7. That the tax-commissioner, immediately upon receipt of the same, shall pay into the county treasury all fees, commissions, costs, from any source except from the State of Georgia. Fees, etc., to go to county. Sec. 8. Be it further enacted by authority of the same, that the said tax-commissioner of Twiggs 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 Twiggs County, and such term of office shall begin as the

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office of tax-collector and tax-receiver would have begun if they had not been abolished. Elections, term of office. The said Tax-Commissioner of Twiggs 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 Twiggs County shall give the bond required by the State of Georgia, and such other bond to Twiggs County as is now required under existing laws for tax-collectors, provided that the amount of the bond payable to Twiggs County, or the ordinary of said county, shall not exceed the amount now required of the tax-collector of Twiggs County. The said tax-commissioner shall be allowed to give a personal or surety bond, provided such bond as given must be approved by the Ordinary of Twiggs County. Oath, bond. Sec. 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 Twiggs 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 Twiggs County. Duties. Sec. 10. Be it further enacted, that any vacancies in the office of Tax-Commissioner of Twiggs County shall be filled as provided by law for filling vacancies in the office of tax-collector of such county. Vacancies. Sec. 11. Be it further enacted by virtue of the authority aforesaid, that all deposits of money collected from taxes or other sources as are now collected by the tax-collector of Twiggs County or by the tax-receiver which are public funds shall be deposited by such Tax-Commissioner of Twiggs County in the duly designated county depository of Twiggs County. Deposits. Sec. 12. Be it further enacted by virtue of the authority aforesaid, that said Tax-Commissioner of Twiggs County be and he is hereby required to make such reports to the State

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authorities as are now required or may hereafter be required of tax-collectors and tax-receivers of this State. Reports. Sec. 13. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935. UNION COUNTY TREASURER. NO. 63. An Act to repeal an Act of the General Assembly of Georgia, Georgia Laws 1933, page 715 approved March 2, 1933, which abolished the office of County Treasurer of Union County, Georgia, and provided for the handling of the county funds by the ordinary of said county. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, that an Act of the General Assembly of Georgia, Georgia Laws of 1933, page 715, approved March 2, 1933, be and the same is hereby repealed. Sec. 2. Be it further enacted by the authority aforesaid, that all duties, obligations and trusts imposed on county treasures of said county, be and the same are hereby vested in the county treasurer of said county just as they were prior to the passage of said Act of 1933. Repeal of Act of 1933. County treasurer. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1935.

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UPSON COMMISSIONERS, CLERK AND ATTORNEY; REFERENDUM. NO. 197. An Act to provide for the election of and fix the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Upson County; to fix the compensation of the members of said board; to provide for the employment of a clerk and fix his salary; to provide for the employment of a county attorney and fix his salary; to provide for a referendum on this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Board of Commissioners of Roads and Revenues for Upson County, as provided for by an Act approved February 1, 1877, as amended, shall consist of three members as now provided by law. The chairman of said board shall be elected by the members. He shall receive a salary of $600.00 per annum and payable monthly. Chairman, salary. Sec. 2. The members of said board, except the chairman, shall each receive a salary of $300.00 per annum, payable monthly. Salary of members. Sec. 3. The said board may employ a clerk at a salary not to exceed $600.00 per annum, payable monthly. Clerk, salary. Sec. 4. The said board may employ a county attorney at a salary not exceeding $300.00 per annum for the purpose of advising the board and representing the county in litigation. If such attorney shall be required to go out of the county in the performance of his duties, he shall receive his actual traveling expenses while away from the county on the business of the county. County attorney, salary.

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Said Board of Commissioners of Roads and Revenues shall have all the powers and perform all the duties which were formerly exercised and performed by the justices of the ordinary's courts, and such other powers and duties as have been or may be vested by law in said board. Powrs, etc. Sec. 5. In the event of a vacancy on said board by death, resignation or removal, the same shall be filled in the same manner as vacancies in the office of the clerk of the superior court. Vacancy. Sec. 6. That this Act shall not become effective unless ratified by the people of said county at an election to be held at the same time and in the same manner as the General Election of 1936. The ordinary of said county is hereby directed to call the same by giving notice at least thirty days previous to the date of the General Election of 1936 and to provide for holding said election in the same way and manner as elections for members of the General Assembly are held, and subject to the same rules and regulations. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots: For election of Chairman of Commissioners by members and for salary for chairman and members. Those desiring to vote against the ratification of this Act shall have written or printed on their ballots: Against election of Chairman of Commissionrs by members and for salary for chairman and members. The returns of said election shall be made to the ordinary who shall canvass the same and ascertain and declare the result. Should a majority of the qualified voters, voting at said election vote in favor of the ratification of this Act the same shall become effective on January 1, 1937. Referendum. Sec. 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1935.

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UPSON SHERIFF'S BOND REDUCED. NO. 276. An Act to change the amount of the bond of the Sheriff of Upson County, Georgia, from ten thousand dollars ($10,000.00) to three thousand dollars ($3,000.00), and to provide for said bond to become effective when signed by the Governor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, the bond given by the Sheriff of Upson County, Georgia, to enable him to qualify, shall be three thousand dollars ($3,000.00) instead of ten thousand dollars ($10,000.00), said bond to become effective when signed by the Governor. Bond reduced to $3,000. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1935. UPSON TAX-COMMISSIONER. NO. 101. An Act to abolish the office of Tax-Receiver and Tax-Collector of Upson County, Georgia; to create the office of County Tax-Commissioner of Upson 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 any compensation that would be paid to or collected by the tax-receiver and tax-collector from said State or county were it not for the provisions of

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this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Upson 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 constituion 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 office of Tax-Receiver and Tax-Collector of Upson County, Georgia, are hereby abolished, to take effect December 31, 1936, and the duties of the two offices aforesaid are hereby consolidated into one office. Tax-commissioner. Sec. 2. Be it further enacted by the authority aforesaid, that the office of County Tax-Commissioner of Upson County, Georgia, is hereby created in lieu of said abolished offices, and the rights, duties, and liabilities of the said office of County Tax-Commissioner of Upson 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. Duties, etc. Sec. 3. Be it further enacted by 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. therebefore issued by the Tax-Collector of Upson County, Georgia, shall have full force and effect and be collectible as issued. Collection of taxes. Sec. 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensations allowed to the Tax-Receiver of Upson 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 said county tax-commissioner and paid into the treasury of Upson County, Georgia. Fees, etc., to go to county.

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Sec. 5. Be it further enacted by the authority aforesaid, that the compensation of the County Tax-Commissioner of Upson County, Georgia, shall be $1,800.00 per annum, payable monthly as far as practicable. Compensation. Sec. 6. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said County Tax-Commissioner shall take the oath now prescribed by law for the tax-collector and 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 part of the expense of county government. Oath, bond. Sec. 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 National holidays, and except such days as the tax-commissioner may be absent while making his rounds to receive and collect taxes. Office, hours. Sec. 8. Be it further enacted by the authority aforesaid, that the first election of County Tax-Commissioner of Upson County, Georgia, shall be at time of regular election of County office of Upson County, Georgia in the year 1936, and that the person so elected shall enter upon the duties of the office January 1, 1937, for the regular four year term, and thereafter the election shall be as now prescribed by law the full term of this office shall be four years, as other county offices; if a vacancy should occur, then the office shall be filled in the same manner as vacancies are filled in other county offices. Election, term. Sec. 9. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Upson 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 Upson County, Georgia, out of the general funds of the county at the monthly meeting of said commissioner, and shall also pay out of said funds the premium on any bond or bonds required

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of said County Tax-Commissioner of and for Upson County, Georgia. Tax to pay salary, etc. Sec. 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 the State as is contained in article eleven (11), section three (3), paragraph one (1). Invalidity of part of Act, not invalidate other part. Sec. 11. Be it further enacted, that the issue as to whether or not the offices of Tax-Receiver and Tax-Collector of Upson County shall be abolished, and an office to be known as County Tax-Commissioner of Upson County, shall be established, by submitting to a vote of the qualified electors of Upson County at the next State general election to be held in the said county after the passage and approval of this Act. Provided that should a majority of the qualified electors voting in said election cast their ballots in favor of the consolidation herein proposed, then, and in that event, the offices of Tax-Receiver and Tax-Collector of Upson County shall stand abolished and in their place the consolidated office of Tax-Commissioner of Upson County shall be created and established. Referendum. Sec. 12. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1935. WALKER ROAD DISTRICTS. NO. 59. An Act to amend section 3 of an Act approved August 17, 1917, known as An Act to abolish the existing Board of Roads and Revenues and create a Board of Commissioners for Walker County, as amended by an Act of the General Assembly of Georgia, approved August 8, 1922,

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and by an Act of the General Assembly of Georgia, approved August 15, 1922, which section now provides for a division of Walker County into five road districts and defines and describes the boundaries thereof, and prescribes the manner of electing commissioners therefor, by striking and repealing said section and inserting in lieu thereof a provision to change the boundaries of road districts Nos. 3 and 5; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 3 of the Act approved August 17, 1917, known as An Act to abolish the existing Board of Roads and Revenues and to create a Board of Commissioners for Walker County, as amended by an Act of the General Assembly of Georgia, approved August 8, 1922, and by an Act of the General Assembly of Georgia, approved August 15, 1922, be and the same is hereby amended by striking and repealing said section 3 and inserting in lieu thereof the following: Section 3. The County of Walker shall be divided into five road districts, to be designated as 1, 2, 3, 4 and 5, and the members of said board shall be elected one from each of the five districts, all of whom shall be elected by the popular vote of the entire county. (1) District No. 1 shall embrace the territory included in the following militia districts as now constituted: Lafayette, Wilson and Cane Creek; (2) District No. 2 shall embrace the territory included in the following militia districts as now constituted: East Armuchee, West Armuchee, Chestnut Flat; (3) District No. 3 shall embrace the territory included in the following militia districts as now constituted: Cedar Grove, Kensington, Dougherty; (4) District No. 4 shall embrace the territory included in the following militia districts as now constituted: Pond Springs, Chickamauga and Rock Springs; (5) District No. 5 shall embrace the territory included in the following militia districts as now constituted: Dry Valley Mountain and the district composed of the territory formerly embraced with Lisbon and Chattanooga Valley districts, now designated by the number 1501. Road districts.

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Sec. 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1935. WASHINGTON COMMISSIONERS; AMENDING ACT. NO. 162. An Act to amend an Act approved March 24, 1933, entitled, An Act to amend the Act creating th 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

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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 two years at compensation of one hundred fifty dollars per annum; and for other purposes, by fixing the compensation of the members of the Board of Commissioners of Roads and Revenues of Washington County, and by prescribing their term of office; by providing for the removal of members of said board; by providing for the purchase of supplies by said board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 24, 1933, entitled 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

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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 two years at compensation of one hundred fifty dollars per annum; and for other purposes, be and the same is hereby amended by striking and repealing all of section 3, which provides that members of the Board of Commissioners of Roads and Revenues of said county shall receive six hundred dollars per annum for their services until the end of the terms of office in force as of March 24, 1933, and enacting in lieu thereof a new section to be section 3, and to read as follows: Act amended. Section 3. Each commissioner shall receive for his services the sum of one hundred and fifty dollars per year, payable in monthly installments of twelve dollars and fifty cents each, beginning on the first day of April, 1935. The yearly salary of each commissioner shall be one hundred and fifty dollars irrespective of any term of office which he may be serving. Pay of commissioner. Sec. 2. That said Act of March 24, 1933, be further amended by striking and repealing all of section 4, which provides that the commissioners in office on March 24, 1933, should continue to serve until the expiration of the terms of office then in force, and enacting a new section to be numbered section 4, and to read as follows: Section 4. The terms of office of all the members of the Board of Commissioners of Roads and Revenues of Washington County shall expire on the first day of January, 1937, and their successors shall be elected at the general election of November 1936 for a term of office of two years. Terms of office. Sec. 3. That said Act approved March 24, 1933, be further amended by adding a new section to be section 8, and to read as follows:

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Section 8. The grand jury by a two-thirds vote of its members, may remove from office any member of the Board of Commissioners of Roads and Revenues of said county for failure to cooperate with the County Council established by the Act approved March 2, 1933, or for incompetence or for any act of malfeasance or nonfeasance in office. In the event of any such removal the successor to such removed commissioner shall be appointed for the unexpired term by the ordinary of said county. Removal of commissioner. Sec. 4. That said Act of March 24, 1933, be further amended by adding a new section to be section 9, and to read as follows: Section 9. The said Board of Commissioners shall purchase supplies for the county sufficient for a month, or more, at a time. In case any such purchase of supplies for a month or longer shall exceed fifty dollars, such purchase shall be made only after advertisement thereof and on competitive bids, and said supplies shall be purchased from the bidder offering the same at the lowest price for the same grade of supplies. Purchases of supplies. Sec. 5. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. WASHINGTON COUNTY COUNCIL; AMENDING ACT. NO. 158. An Act to amend an Act approved March 2, 1933, entitled, An Act to 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

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and notices; to fix a quorum; to provide for expelling members for cause; to provide that no member of county council shall have any 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 statute; 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, by providing that the county council of Washington County shall be elected by the grand jury instead of by the people; by authorizing the county council to employ, direct and discharge the County Auditor; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved March 2, 1933, entitled, An Act to 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 any 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 statute; 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, be and the same is hereby amended by striking the last sentence in section 5, which provides for the election of the councilmen by the people, and inserting in lieu thereof the following: Thereafter the grand jury at the fall term of the Superior Court of Washington County in 1936, and

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biennially thereafter, shall elect seven councilmen from the districts as provided herein, who shall begin their service on January 1, 1937, and biennially thereafter: Provided, that the county councilmen elected by the people at the general election in 1934 shall continue to serve until January 1, 1936, so that said section 5, as amended, shall read as follows: Election of county council. 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 the grand jury at the fall term of the Superior Court of Washington County in 1936, and biennially thereafter, shall elect seven councilmen from the districts as provided herein, who shall begin their service on January 1, 1937, and biennially thereafter: Provided, that the county councilmen elected by the people at the general election in 1934 shall continue to serve until January 1, 1936. Section as amended. Sec. 2. That said Act of March 2, 1933, be and the same is hereby amended by adding a new section to be section 25, and to read as follows: Section 25. The Washington County Council is hereby authorized, empowered and directed to employ an auditor, or public accountant, to make such examinations of the books and records of the county as the council may deem necessary, and to direct such auditor or accountant in the performance of his duties, fix his compensation and prescribe his duties. Auditor. They may discharge such auditor whenever they deem it necessary or proper, and may in their discretion employ a regular county auditor. Sec. 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935.

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WILKES DEPOSITORY; AMENDING ACT. NO. 87. An Act to amend an Act designating a county depository for Wilkes County approved August 16, 1915 found as No. 194 Acts General Assembly of Georgia, page 441 and following, by providing that bids for county funds may be received from any bank, banker or trust company located in said county, and further providing that any such bank, banker or trust company located in said county may be designated as county depository; by providing when said act shall go into effect; 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 approved August 16, 1915, found Acts General Assembly of Georgia for 1915, page 441 and following, designating a depository for county funds of Wilkes County, Georgia, be and the same is hereby amended as follows: Section 1. By striking from section two of said Act the following words beginning in the eleventh line of said section reading as follows: to receive proposals from any bank, banker or trust company, located at the county site of said county that may desire to be selected as the agency and depository of the county funds, and by inserting in lieu thereof the following words, to receive proposals from any bank, banker or trust company, located in said county that may desire to be selected as the agency and depository of the county funds. By striking from said section the following wording in the twenty-first line of said section, Any bank, banker or trust company located at the county site in said county, and inserting in lieu thereof the following: Any bank, banker or trust company located in said county, so that said section two of the Act approved August 16, 1915 shall read when so amended as follows: Bids from banks located in county. Section 2. Be it further enacted by the authority aforesaid, that if a vacancy should occur in the office of Treasurer

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of Wilkes County before January 1, 1917, the ordinary of said county is hereby authorized, instead of calling a special election to fill said vacancy, to immediately advertise for bids for a county depository as hereinafter set out; and in the interim is to take charge of all county funds. The Ordinary of Wilkes County is hereby authorized and required at the December term of the court of ordinary, next following the general election held on the Tuesday following the first Monday in November, to receive proposals from any bank, banker or trust company, located in said county that may desire to be selected as the agency and depository of the county funds. Notice that such bids shall be received shall be published by the ordinary once a week for two weeks before the term of his court, at which bids are to be received, in some newspaper published in Wilkes County, and in addition thereto, notice shall be posted at the court-house door fifteen (15) days before said term. Any bank, banker or trust company located in said county, desiring to bid shall deliver to the ordinary on or before the day for holding said term of the court of ordinary at which the selection of a depository is to be made, a sealed bid stating the rate of interest said bank, banker or trust company will pay on the funds of the county deposited with it, for the term between the date when said funds shall be turned over to it and thirty days after the selection of another depository, said interest to be computed on the daily balances of county funds on deposit with said depository. Said bid shall be accompanied by a certified check for $100.00 as a guarantee of good faith by the bidder, and that if his bid should be accepted, he will enter into the bond hereinafter provided; and upon the failure of the bidder that may be selected as such depository, to give the bond required by law, the amount of such check shall go to the county as liquidated damages, and the ordinary shall re-advertise for bids. Section as amended. Sec. 2. By striking from section six of said Act the following words beginning in the fifth line of such section reading as follows: Then it shall be the duty of the ordinary to select from among the banks, bankers or trust companies, located at the county site of said county, some bank,

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banker or trust company, and inserting in lieu of said words the following language, then it shall be the duty of the ordinary to select from among the banks, bankers or trust companies, located in said county, some bank, banker or trust company, so that said section six when so amended shall read as follows: Section 6. Be it further enacted by authority aforesaid, that if for any reason there shall not be submitted bids, at the term in December after the general election, by any bank, banker or trust company to act as county depository, then it shall be the duty of the ordinary to select from among the banks, bankers or trust companies, located in said county, some bank, banker or trust company, which is subject to inspection and regulation by the State Banking Department or the Comptroller of the Treasury of the United States, to act as temporary depository for said county funds. And the ordinary shall impose such terms and conditions and require such interest on deposits as he may deem necessary and advisable, and, if at any subsequent term of the ordinary's court any bank, banker or trust company shall file a bid and give bond to act as county depository, then, said temporary depository shall immediately render an accounting and turn over all funds to said depository as soon as it has complied with the requirements of this Act. Section 6 as amended. Sec. 3. Be it further enacted, that this amendment shall be and become effective on the first day of December, 1935. When effective. Sec. 4. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 7, 1935.

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WILKINSON SHERIFF'S BOND REDUCED. NO. 58. An Act to reduce the official bond of the Sheriff of the County of Wilkinson; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the official bond required to be given by the Sheriff of the County of Wilkinson shall be reduced to $2,500.00 from and after the passage of this Act. This $2,500.00 bond shall be given in lieu of the amount now required by law. Bond reduced to $2,500. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1935. WORTH TAX-COMMISSIONER; REPEALING ACT. NO. 120. An Act to repeal the Act approved March 1, 1933, Georgia Laws, 1933, pages 792 to 800 inclusive, entitled An Act to consolidate the offices, duties, and powers of the Tax-Receiver and Tax-Collector of the County of Worth, 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 18, 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

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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 provide 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 to 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 liabilities 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 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. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, and Act approved March 1, 1933, entitled An Act to consolidate the offices, duties and powers of the Tax-Receiver and Tax-Collector of the County of Worth, 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

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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 18, 1924 (Acts of 1924, pages 815-817), ratified as an amendment of 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 liabilities 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 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-commissioners; and for other purposes, (Georgia Laws 1933, pages 792-800), be and the same is hereby repealed. Repeal of Act consolidating offices.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1935. WORTH COMMISSIONERS; AMENDING ACT. NO. 121. 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, approved August 15, 1904, Georgia Laws, 1904, pages 296 to 300 inclusive, and as amended by the Act approved March 1, 1933, Georgia Laws 1933, pages 780 to 792, inclusive, so as to change, revise and further define the jurisdiction, powers and duties of the Board of Commissioners of Roads and Revenues of Worth County; to change, revise and prescribe manner or method providing for the election, appointment and qualifications of the members and officers of the said board, and to fix their salaries and fees; to provide for manner and method of payment of salaries and fees of the members and other officers of said board; to change, modify and repeal said amending Act of 1933 as above in its entirety; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, that the Act entitled, 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

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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 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 and the same is hereby repealed in its entirety. Repeal of Act. Sec. 2. Be it further enacted by the authority aforesaid, that the original 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, Georgia Laws 1904, pages 296 to 300 inclusive, be and the same is hereby re-enacted, amended, changed, revised and supplemented as follows, to wit: Act of 1904 amended. Sec. 3. That the following section to be known and designated as section 4, in said original Act, be and same is hereby enacted, as follows: New section 4. Section 4. Be it further enacted by the authority aforesaid, that the said board shall at the first meeting held in January of each year, elect a clerk, who shall not be a member of the said board, and must be a bona fide citizen of said county, and who shall serve for a term of one year, or until his successor is elected and qualified, which clerk shall receive such salary and compensation for his services as named and prescribed by said board from time to time, and

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which salary shall be paid monthly out of the county treasury of said county by the person or persons charged by law with the duty and authorized to pay out the money of the county, and which clerk shall do and perform all duties as fixed by law, and all that may be required and prescribed from time to time by said board. In event of a vacancy of the position of clerk of said board occurring at any time, account of death, removal, resignation or other cause, said board shall have the right to appoint a new clerk to fill such vacancy at any time. The said board shall have the right to remove the clerk at any time in their discretion for good cause, same to be determined by said board in their judgment, and said order or judgment of removal to be final; it being provided that the person so elected and acting as the clerk of the said board, shall before entering upon the discharge of his duties as such clerk, take and subscribe the oath of office as may be prescribed by said board, and shall give bond in such amount as may be determined and named by said board, giving some recognized and solvent bonding company doing business in said State as security, payable to said board of Commissioners of Roads and Revenues of Worth County, and its successors, approved and accepted by the chairman of said board, conditioned for the faithful performance of all duties devolving upon him as clerk of such board, and the true and faithful accounting of all funds, property and effects received by him or coming into his charge and custody. The premium of such bond to be paid by the board from county funds. It being hereby made the duty of said clerk to keep all records and books as may be prescribed and required by said board and to do, perform and render such other duties and services as the said board may prescribe from time to time. Clerk of board. Oath, bond. Sec. 4. That section 6 of said original Act as now of force, be and the same is hereby amended by adding to and at end of said section the following: And that such vacancy shall be filled and member of board named from the same commissioner district in which said vacancy occurs, so that said section when amended will read as follows:

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Section 6. Be it further enacted, that all vacancies on said board, occuring 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, and that such vacancy shall be filled and member of board named from the same commissioner district in which said vacancy occurs. Section 6, as amended. Vacancies in board. Sec. 5. Be it further enacted by the authority aforesaid, that section 12, of the said original Act of 1904 be and the same is hereby amended by adding at the end of said section, and as a part thereof, the following sub-sections, lettered A to E inclusive, to wit: Amendments of section 12. (A) Be it further enacted by the authority aforesaid, that the salary of the chairman of said board shall be and is hereby fixed at the sum of fifty ($50.00) dollars per month, due and payable on the first day of each calendar month, out of the funds of the county treasury of said county, and the salary of each of the other members of said board shall be and is hereby fixed at the sum of twenty-five ($25.00) dollars per month; all salaries of the members of said board as well as other officers provided for under this Act, shall be due and payable on the first day of each calendar month out of the county treasury of said county by the person or persons charged by law with the duty and authorized to pay out the money of said county. Salaries of chairman, members. That no member of said board shall be engaged as an employee of the county in any manner or capacity other than in his capacity as a commissioner, nor shall he receive directly or indirectly any salary whatever, other than as is herein provided, for services rendered as a member of said board. Member of board not to be employed or paid by county except as such. (B) That the chairman of said board (and in his absence, inability, or failure to act for any reason, the vice-chairman acting in his stead) shall be and is hereby constituted and designated the purchasing agent for said county and said

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board, he being given the right and authority to purchase all materials, supplies and other articles which it is necessary and lawful to purchase for said county, its officers, or otherwise, to be paid for out of any of the funds of said county. Purchases for county (C) Be it further enacted by the authority aforesaid, that the said County of Worth be and is hereby divided into five districts, the same to be designated as County Commissioner Districts, numbered one to five respectively, said districts to be of same number and include the same territory and area in each, as is now laid out and effective in said county at time of passage of this said Act, as follows: Districts of commissioners. District No. 1, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the seventh and second voting precincts, Sylvester and Shingler precincts. District No. 2, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the forth (4th) or Temby voting precinct, the fifth (5th) or Sumner precinct and the tenth (10th) or Poulan voting precinct. District No. 3, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the sixth (6th) or Pine Hill voting precinct, the (9th) or Warrior voting precinct and the eleventh (11th) or Minton voting precinct. District No. 4, shall be and is hereby fixed and established as containing and including that area and portion of said county, known as the third (3rd) or Red Rock voting precinct, the eighth (8th) or Gordy voting precinct, and the twelfth (12th) or Bridgeboro voting precinct. District No. 5, shall be and is hereby fixed and established as containing and including that area and portion of said county known as the thirteenth (13th) voting precinct, or Vickers, the fourteenth (14th) or Warwick voting precinct,

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the fifteenth (15th) or Oakfield voting precinct, the sixteenth (16th) or Doles voting precinct and the seventeenth (17th) or Aultman voting precinct. Said road or commissioner districts to contain all of the territor and area respectively as described and designated in each of the said voting precincts or districts as named therein. It is further provided, that in all future elections of each of the members of said board, as the term expires or the office becomes vacant for any reason, the successor to each member shall be elected from time to time from the district in which the commissioner whose term is expiring resides or in which the vacancy exists. Any person or persons seeking election as a commissioner from any of said designated commissioner districts to be eligible as a commissioner and member of said board, must be a resident of the district in which said vacancy exists or the term of the member is expiring whom he would succeed. It being 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 had and declared by the voters in the particular district in which the nomination is to be had and not by the voters of the entire county, but in each instance after nomination, the said member shall be elected by the voters of the entire county. Election of commissioners. Be it further enacted by the authority aforesaid, that said Board of Commissioners of Roads and Revenues of said county shall at its first meeting in January of each year elect a County Attorney and a County Physician, each of whom shall be elected or appointed for the term of the calendar year in which the appointment is made, and who shall receive such salary and compensation as may be fixed and prescribed by said board, to be paid monthly out of the funds of the county treasury of said county, and each of whom shall render and perform such duties and services incident to their respective offices as may be fixed, prescribed and required by said board. County attorney.

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That the board shall likewise at its first meeting in January of each current year name and appoint a County Warden for said county, which appointment shall be for the period of the calendar year in which said appointment is made, or until his successor is elected and installed, same being made subject to the regulations of the general law in such cases, and subject to and in compliance with all of the laws, rules and regulations of the State and as may be prescribed and required for said county, governing the handling and working of convicts. The salary of said warden to be fixed and prescribed by said board, and to be paid monthly out of the funds of the county treasury, as all the other officers of said county are paid. If for any reason the election and naming of any of the officers and employees of the county by said board cannot be had at its first meeting in January as in this Act prescribed, their appointment may be had at any adjourned or special meeting of the board. County warden. (E) The said board is hereby authorized and empowered to assess and levy an annual tax on all of the property of said county of Worth subject to taxation and provide for the collection of same as other ad valorem taxes with which to pay the salaries and other expenses authorized and provided for by the said original Act as amended by this Act. Tax levy. Sec. 6. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1935.

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TITLE III. SCHOOL DISTRICT. ACT. Lula School-District Act Amended. LULA SCHOOL DISTRICT ACT AMENDED. NO. 177. An Act to amend an Act approved August 19, 1919, entitled, An Act to establish a system of public schools for Lula School District; to define the boundaries of same; to provide for a board of trustees; to empower said board of trustees to receive from the county school superintendents of Hall and Banks Counties, Georgia, the pro rata share of taxes collected by the State and said counties for school purposes, for the support and maintenance thereof; to authorize the county school superintendents of Hall and Banks Counties, to pay over to the said board of trustees such part of the State and County school fund as may be the pro rata share belonging to Lula Public School District, and to confer upon said board other powers, and for other purposes, by providing that two (2) members of the board of trustees shall hold office for three years from February 1, 1935; by further defining the powers and duties of the secretary of said board of trustees; by providing for the payment of State school funds to said board of trustees; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved August 19, 1919, entitled An Act to establish a system of public schools for Lula School District; to define the boundaries of same; to provide for a board of trustees; to empower said board of trustees to receive

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from the county school superintendents of Hall and Banks Counties, Georgia, the pro rata share of taxes collected by the State and said counties for school purposes, for the support and maintenance thereof; to authorize the county school superintendents of Hall and Banks Counties to pay over to the said board of trustees such part of the State and county school fund as may be the pro rata share belonging to Lula Public School District, and to confer upon said board other powers, and for other purposes, be and the same is hereby amended by striking all of section 4 which provides the term of office of said trustees and inserting a new section to be numbered section 4 and to read as follows: Act of 1919 amended. Section 4. The members of the board of trustees shall be elected by the qualified voters of the district, qualified to vote for members of the General Assembly for two years. Such election shall be held at the school house in Lula, Hall County, Georgia, under the same rules and regulations governing elections for members of the General Assembly: Provided that two (2) of the members in office on February 1, 1935, shall continue in office under their present election for three (3) years from date of their election and qualification. The members to thus hold office shall be chosen by lot from the members of the board. The other three members now in office shall hold office for two (2) years and the successors to all members shall be elected for two (2) years. An election shall be held in said district on the first Tuesday in January 1937 and annually thereafter. Two-years term for board members. Election. Sec. 2. That said Act approved August 19, 1919, be further amended by striking all of section 6 which defines the duties of the secretary of the board, and enacting a new section to be numbered section 6 and to read as follows: Secretary, duties. Section 6. Said board of trustees shall have the power to elect a secretary and to define his duties and to pay him such salary for his services as in their discretion is just. The secretary shall keep an accurate record of the minutes and of the acts and doings of the board of trustees and shall receive from the State Superintendent of Schools all State

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school funds apportionable to said school district and to the school children therein, and shall also receive from the said State Superintendent of Schools the pro rata share of the equalization fund for common schools apportionable to said school district and to the common school children therein, and all other funds which may be payable to said school district or for the benefit of the common school children therein from any fund appropriated by the General Assembly for educational purposes. He shall pay out the said funds on proper order from the board of trustees. He shall keep an accurate list of the registered voters living within the Lula Public School District on file in the office of the board of trustees and no one shall be allowed to vote for the election of the members of the board of trustees unless their names appear on this list of registered voters as provided in other elections. Said secretary shall also, under the direction of the board of trustees, take an accurate census of all white and colored children of school age living within the boundaries of said district, which census shall be kept on file in the office of the board of trustees; it shall also be the duty of the secretary of the board to take an accurate inventory of all the property, both real and personal, and mixed, located within Lula Public School District, and make a permanent record of the same which shall be ascertained from the tax-collector's digest, and after same has been made up for the tax collectors in each year. The secretary shall also act as treasurer of said board of trustees, and shall give a bond in the sum of twenty-five hundred ($2500.00) dollars, to faithfully account for all funds placed in his hands. Sec. 3. That said Act approved August 19, 1919, be further amended by striking and repealing all of section 9 which defines the duties of the Board of Education of the Counties of Hall and Banks with reference to the public school funds, and enacting a new section to be numbered section 9 and to read as follows: Section 9. It shall be the duty of the said State Superintendent of Schools to pay over to the board of trustees of the Public School District of Lula, Georgia, as such payments

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are made to county superintendents of schools, all state school funds apportionable to the said school district or the school children therein, and all funds derived from the gasoline tax which are apportionable to said school district or the school children therein as equalization funds, and all other funds derived from any appropriation made by the General Assembly for educational purposes, which are approtionable to said school district or the school children therein. Said payment shall be made in the same way and manner, and upon the same basis of apportionment as if said school district was a complete educational unit of the State and in the same way and manner as State school funds are paid the county school superintendents. It shall be the duty of the Boards of Education of Hall and Banks County to pay over to the trustees of said school district all educational funds of the respective counties to which said school district, or the school children therein, may be entitled, except funds received from the State, which shall be paid directly to said board of trustees by the State Superintendent of Schools. School fund. It shall be the duty of said board of trustees to furnish to the said school superintendent a correct census and enumeration of the children of public school age in said district as in the same manner as said census information is now furnished by county school superintendents or county boards of education; and said board of trustees is authorized for said purpose to make such enumeration in the way and manner now provided by law. School census. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 19, 1935.

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TITLE IV. SOLICITORS-GENERAL. ACTS. Atlanta Circuit Salaries Fixed. Augusta Circuit Solicitor-General's Clerk. Dublin Circuit Salary Fixed. Macon Circuit Salary Fixed. Northern Circuit Salary Fixed. Ogeechee Circuit Salary Fixed. ATLANTA CIRCUIT SALARIES FIXED. No. 318. An Act to amend an Act abolishing the fee system existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General of said circuit, approved August 11, 1924 (Georgia Laws 1924, p. 255), and the Acts amendatory thereof, by reducing and providing that the salary of the Solicitor-General shall be fixed at a certain amount per year; to amend the aforesaid act as amended by the Act approved August 6, 1925 (Georgia Laws 1925, p. 509) by providing that the salary of the Chief Assistant Solicitor-General and the salary of the second assistant Solicitor-General shall be fixed at certain amounts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act approved August 11, 1924, abolishing the fee system then existing in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor-General and fixing the compensation of the said Solicitor-General, be and it is hereby amended by striking from the second line of section 2 thereof, the words, the sum of twelve thousand dollars, and inserting in lieu thereof the words, nine thousand dollars per annum, so that as amended, said provision shall read as follows: Salaries of solicitor-general and assistants.

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The statutory salary of the Solicitor-General for said circuit shall be the sum of nine thousand dollars per annum, which shall be in addition to the salary of two hundred fifty dollars per annum prescribed by paragraph 1, section 13, of article 6 of the Constitution of this State, and the said statutory salary shall be paid out of the general treasury of Fulton County, and it shall be and it is hereby made the duty of the Commissioners of Roads and Revenues of Fulton County or such other board or persons as may from time to time exercise the same or similar powers as are now exercised by said commissioners to cause said statutory salary to be paid to the Solicitor-General in equal monthly installments. The funds for the payment of the salary of said Solicitor-General shall be provided by the Board of Commissioners of Roads and Revenues in the same manner and from the same source as the operating expenses of Fulton Superior Court and as a part thereof. The said statutory salary shall be in full payment for all of the services of the Solicitor-General in criminal cases, except as to service in the Supreme Court and the Court of Appeals of Georgia, which latter services shall be compensated as now provided by the General Laws of this State. Solicitor-general's salary $9,000, etc. Sec. 2. Be it further enacted by the authority aforesaid, that said Act as amended by the Act approved August 26, 1925 (Georgia Laws 1925, p. 509) be and the same is hereby amended by striking the words, seven thousand dollars from the second line of said paragraph of section 5, and inserting in lieu thereof the words, five thousand eight hundred twenty dollars, and, by striking from the fourth line of said second paragraph of section 5 the words, five thousand dollars and by inserting in lieu thereof the words, four thousand nine hundred eighty dollars, so that second paragraph of section 5 as amended shall read as follows: The salaries of the assistant Solicitor-General shall be five thousand eight hundred and twenty dollars per annum, and the salary of the second assistant Solicitor-General shall be four thousand nine hundred eighty dollars per annum, the same to be paid in equal monthly installments

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out of the Treasury of Fulton County as a part of the operating expenses of the court, the funds therefor to be provided in the same manner as the other operating expenses of said court. Salary of assistant $5,820. Second assistant $4,980. Sec. 2a. This Act shall become effective January 1, 1937. Effective when. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 28, 1935. AUGUSTA CIRCUIT SOLICITOR-GENERAL'S CLERK. No. 204. An Act to provide that the Solicitor-General of the Augusta Circuit shall have the power to appoint a clerk for the office of the said Solicitor-General for the performance of such duties as may be required of said clerk by the Solicitor-General; to fix the salary and the payment thereof out of the treasury of Richmond County as a part of the court expenses of Richmond 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 Solicitor-General of the Augusta Circuit shall have the power to appoint a clerk for the office of said Solicitor-General for the performance of such duties as may be required of said clerk by the said Solicitor-General. Clerk of solicitor-general. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a clerk when once appointed may be discharged at any time by said Solicitor-General, who will be authorized from time to time to fill such vacancy. Sec. 3. Be it further enacted by the authority aforesaid, that said clerk shall be paid from the treasury of Richmond

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County as part of the court expenses of said county a monthly salary of $75.00. Salary. Sec. 4. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 20, 1935. DUBLIN CIRCUIT SALARY FIXED. No. 140. An Act to abolish the fee system now existing in the Superior Court of the Dublin Judicial 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, accuruing 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 purpose of paying the salary of said Solicitor-General. 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 Dublin 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

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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, for solicitor-general. Sec. 2. The salary of the Solicitor-General of the Dublin Judicial Circuit shall be the sum of twenty-eight hundred ($2800.00) dollars per annum, in addition to the sum of two hundred fifty ($250.00) dollars per annum prescribed in paragraph 1, section 13, of article 6, of the Constitution of the State of Georgia; and in addition to said sums, the Solicitor-General shall collect and receive from the State all fees allowed by law to Solicitor-General of this State for appearances in Supreme Court of Appeals of the State. The salary herein fixed shall be paid out of the general treasuries of several counties of said circuit, in the same amounts as follows, to wit: Salary $2800. Johnson County shall pay five hundred ($500.00) dollars per annum. Apportionment among counties. Laurens County shall pay eighteen hundred ($1800.00) dollars per annum. Twiggs County shall pay five hundred ($500.00) dollars per annum. 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

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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 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 purposes, is hereby delegated to said counties. Said salary of twenty-eight hundred ($2800.00) dollars per annum and the constitutional salary of two hundred fifty ($250.00) dollars per annum, together with all fees earned in the Court of Appeals and Supreme Court 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 engaged or employed by him, it being the duty of each county, however, if it may be done without depriving county officers, to furnish a suitable office for the Solicitor-General. Sec. 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 instead, 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 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

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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 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 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 whenever the books and records of other county officials are audited. Costs to counties; subrogation. Sec. 4. The Solicitor-General of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected, from any source whatsoever, in the various counties of said circuit. He shall review and verify the books, records, and vouchers of said clerks, as to all 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

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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. Sec. 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. MACON CIRCUIT SALARY FIXED. NO. 443. An Act to amend an Act abolishing the fees and fixing a salary in lieu thereof 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 the said judicial circuit form $6,600.00 per year in monthly installments of $550.00 per month, as provided for in the second section of said Act, to $6,000.00 per year in monthly installments of $500.00; upon approval, this Act shall go into effect as of the first day of January, 1937; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, 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 $6,000.00, and by striking from the fourth line of said section the

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figures $550.00 and substituting in lieu thereof the figures $500.00, 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. Said section 1, when so amended, should read as follows: Salary of solicitor-general reduced to $6,000. The County of Bibb, in said Macon Judicial Circuit, shall pay to the Solicitor-General of said circuit a salary of $6,000.00 per annum in monthly installments of $500.00 per month, which shall be paid out of the treasury of said county. Sec. 2. Be it further enacted by the authority aforesaid, that this Act shall not go into effect upon the approval thereof by the Governor, but shall go into effect as of the first day of January, 1937, the commission of the present incumbent of the office of the Solicitor-General of the Macon Judicial Circuit not expiring until December 31, 1936, and this Act not being intended to affect the present incumbent or his successor during the present term of office. Effective when. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 28, 1935. NORTHERN CIRCUIT SALARY FIXED. NO. 301. An Act to abolish the fee system now existing in the Superior Courts of the Northern Judicial Circuit, as applied to the office of Solicitor-General thereof, and to provide for the disposition of all fees now, heretofore, or hereafter accruing to the office of Solicitor-General in said circuit, so that the same shall become the property, and be paid into the treasuries of the counties composing said circuit; to provide for 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

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Constitution of this State; to provide for the disposition of fines, forfeitures and fees, including insolvent costs accruing to the office of Solicitor-General in said circuit; to provide and impose certain duties upon the clerks of the Superior Courts of the counties composing said circuit, and upon the Solicitor-General thereof in reference to the collection, payment and disposition of all funds, moneys and emoluments accruing to the office of Solicitor-General; to provide for the levying and collection of tax by the county authorities of the several counties composing said circuit for the purposes of paying the salary of said Solicitor-General, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by authority of the same as follows: Section 1. The fee system now existing in the Superior Courts of the Northern 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 insofar as the same constitutes the compensation of said Solicitor-General; but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasuries of the counties composing said judicial circuit, as is hereinafter provided; and the Solicitor-General of said judicial circuit shall hereafter be paid a salary as hereinafter provided for in lieu of fees, as under the present system. Salary for solicitor-general in lieu of fees. Sec. 2. Be it further enacted by the authority aforesaid, that the salary of said Solicitor-General of said Northern Judicial Circuit shall be $2475.00 per annum, in addition to the salary of $250.00 per annum prescribed in paragraph 1, section 13, article 6 of the Constitution of this State, which said salary (additional to the constitutional salary of $250 per annum) shall be paid pro rata out of the general treasuries of the various counties composing said circuit in the following proportions, to wit: Elbert County shall

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pay $625.00; Franklin County shall pay $625.00; Hart County shall pay $625.00; Madison County shall pay $350.00; Oglethorpe County shall pay $250.00; which said several sums together with the constitutional salary paid out of the treasury of the State of Georgia, aggregating $2.725, shall constitute the salary of the Solicitor-General of the Northern Judicial Circuit. Salary $2475. Apportionment among counties. Sec. 3. Be it further enacted by the authority aforesaid, that it is hereby made the duty of the tax levying authorities in each of said counties composing said judicial circuit to levy a tax annually as other county taxes are levied and assessed on all the taxable property in each of said counties sufficient to pay that portion or part of the salary of said Solicitor-General so assessed against each of said counties, the same to be collected as other county taxes are collected, and as collected to be deposited by the tax-collector or tax-commissioner of each of said counties composing said judicial circuit with the treasurer or other depositories in each of said counties holding public funds, said sums so collected to be held in trust and used exclusively to pay each of said county's pro rata share of the salary of said Solicitor-General of said Circuit. Tax to pay salary. Sec. 4. Be it further enacted by the authority aforesaid, that the salary of said Solicitor-General shall be paid on the first days of each month upon a warrant issued therefor by the Judge of the Superior Courts of the Northern Circuit; said warrant to be drawn upon the treasurer of each of said counties, and if no treasurer exists in any of the counties in said circuit, then the same is to be drawn upon such officer or officers thereof as may be custodian of the public funds of the county. Said warrant to be payable to the Solicitor-General of the Northern Judicial Circuit. How paid. Sec. 5. Be it further enacted by the authority aforesaid, that said salary of $2475.00 and the constitutional salary of $250.00 shall be in full payment for all the services of the Solicitor-General of said circuit, including traveling and other expenses incurred by him.

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Sec. 6. Be it further enacted by the authority aforesaid, that in the distribution among officers of court of costs in particular cases or matters and insolvent costs and fines, forfeitures and fees paid into the superior court of the counties composing said judical circuit, or which may become due and payable therein, said counties shall be subrogated to the rights and claims of the Solicitor-General of said circuit, and any former Solicitor-General thereof, and shall stand in their places and stead, and shall entitled to all the funds, moneys, and emoluments accruing to said office of Solicitor-General in said judicial circuit; and when orders on insolvent funds 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 now provided by law, the same shall be entered and approved in the name of the Solicitor-General for the use of the respective counties of said circuit. And all costs and other emoluments accruing to the office of Solicitor-General in said judicial circuit under existing law or which may hereafter exist shall be collected by the clerks of the Superior Courts of the various counties comprising said judicial circuit, and by said clerks paid into the treasuries of their respective counties, all of which shall be the property of said counties. Said clerks shall make written reports under oath of the amounts so collected and make payments and remittance thereof to the treasuries or other custodians of county funds of said counties within sixty days after adjournment of each term of court held in their respective counties, which written report shall be made in triplicate, one of which he shall retain in his office and enter upon the minutes thereof, one shall be furnished the ordinaries, county commissioners or such other authorities of such counties as have charge of the fiscal affairs thereof, and one of which shall be furnished said Solicitor-General and such clerks shall make remittance along with said report of all funds in his hands, including insolvent costs earned by said Solicitor-General of said circuit. Said clerks of the Superior Courts of the several counties

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composing said circuit shall keep an accurate, detailed and complete record of all fees and emoluments, including insolvent costs earned by said Solicitor-General. Costs, etc.; subrogation. Sec. 7. Be it further enacted by the authority aforesaid, that the several clerks of the Superior Court of the counties composing said judicial circuit shall collect all fines and forfeitures arising on accusations, indictments or other proceedings pending in the Superior Courts of their respective counties; shall issue receipts therefor in duplicate, and for that purpose shall keep a well bound official receipt book. The sheriffs of the several counties composing said judicial circuit are prohibited from permitting any defendant or defendants upon whom a fine or fines have been imposed by the court to go at liberty until the clerks of the Superior Courts of the counties of said circuit shall have given him written evidences of the payment of such fine or fines by any such defendants; provided, however, said sheriffs may allow such defendants to be set at liberty upon the order of the Judge of the Superior Courts of the Northern Circuit in cases where said judge is now authorized by law to grant such order. Collection of fines, etc. Sec. 8. The Solicitor-General of said circuit is hereby made chargeable with the duty of justly and accurately accounting to said clerks for all fees earned and costs collected from any source whatsoever, in the various counties of said circuit; and at the conclusion of each term of court he shall review and verify the books, records and vouchers of said clerks as to all fees earned and costs collected, and it shall be his duty at all times to exercise supervision over the collection of all said fines, fees and forfeitures, in all of the counties of said circuit, and to see that all sums of money due thereunder are faithfully collected and accurately accounted for and paid into the treasuries of said counties; and it shall also be his duty to furnish his own services as attorney at law in the collection of all such sums, whenever it becomes necessary. Account of fees and costs. Sec. 9. Nothing in this Act shall be construed to affect the fees now allowed by law to Solicitors-General of this

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State for appearance in criminal cases in Supreme Court and Court of Appeals of this State. Fees in review courts. Sec. 10. This Act shall go into effect upon its passage. Sec. 11. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. OGEECHEE CIRCUIT SALARY FIXED. No. 18. An Act to abolish the fee system now existing in the Superior Courts of the Ogeechee 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 provide for payment for help for Solicitor-General in grand jury work; and for the payment of expenses of said officer in matters beyond the State; and to create a lien on funds from said office for Solicitor-General's salary; 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 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 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:

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Section 1. The fee system now existing in the Superior Courts of the Ogeechee 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. Solicitor-general; salary in lieu of fees. Sec. 2. The salary of the Solicitor-General of the said judicial circuit shall be the sum of $4,000.00 per annum, in addition to the sum of $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 pro rata out of the general treasuries of the various counties of 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 each succeeding Federal Census thereafter. 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 on the first day of each month; and by 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 provisions annually, when levying and collecting taxes for expenses of court, for the levying and

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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 full payment for all services of said Solicitor-General, for all traveling expenses incurred within 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 duties of his office 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. And the said Solicitor-General shall not be required to pay for the services of attorneys and stenographers working with the grand jury, drawing bills of indictments and performing other duties required of said Solicitor-General's office, while the Solicitor-General is otherwise employed in court. Such services of the other attorneys or stenographers shall be paid for out of the county treasuries upon an approval order from the presiding judge. Salary $4,000. Extra pay. Sec. 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 costs), 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

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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 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 treasuries 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 illigality 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

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same manner as now provided by law in cases where execution is issued against defaulting collectors, both as to the enforcement of said execution and any defense filed thereto. Said clerks of the superior courts of the said counties shall keep an accurate, detailed, and exact record of all fees and emoluments, including insolvent csts, 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 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 of county to rights of Solicitor-general Sec. 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 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,

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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 Sec. 5. Nothing in this Act shall be construed to affect the fees and costs allowed under the existing laws to sheriffs and clerks of the superior courts of the counties comprising said Ogeechee 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 of said circuit in earned fees (but not including insolvent costs), and collecting same. Fees, etc., not affected. Sec. 6. This Act shall go into effect and become operative upon the date of its passage. Sec. 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 14, 1935.

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PART III.CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS Acworth Schoolhouse Bonds. Athens Charter Amendments. Atlanta Insurance of Employees. Atlanta Lakewood Loan. Atlanta Officers; Ineligibility. Atlanta Pensions on Retirement. Atlanta Pension to Mrs. Blazer. Atlanta Relief Director; etc. Atlanta Wards; Number Reduced; etc. Atlanta Waterworks Manager's Election. Auburn Chain-gang; Repealing Act. Auburn Penalties; Limit. Augusta Civil-Service Act Amended. Augusta Mayor's Office Abolished. Augusta Mayor's Office Provided. Augusta Water-Rent Collections. Baxley Voters Qualified. Blackshear Registration of Voters. Blackshear Tax-Assessments, etc. Blue Ridge New Charter. Bluffton Territorial Limits. Broxton Officers' Terms, etc. Brunswick CommissionerMayor. Carrollton Public-School Funds. Cartersville Aldermen; Compensation. Cartersville Aldermen; Eligibility. Chamblee New Charter. Columbus Commissioners' Election. Crawford Tax Assessments. Cumming City Charter. Dahlonega City Commission Referendum. Dearing Registry of Candidates. Decatur Charter Amendments. Decatur Election Ballots. Decatur Water and Sewer Connections. Eastman Election Candidates. Eastman Sales of Property. Elberton Utility Extensions. Fitzgerald Charter Amendments. Fitzgerald Elections. Forest Park Charter Amendments. Greensboro Aldermen's Compensation. Harlem Notice of Candidacy. Hartwell Candidates; Registry of Voters. Hartwell Marshal's Sales. Hinesville New Charter. Jackson Consolidation of Offices. Kite Charter Amendments. Lithonia Charter Amendments. Macon Mayor's Salary, etc. Macon Recorder's Court. Macon Tax Assessments. Macon Water Commissioners; Amending Act. Martin Charter Amendments. McCaysville Charter Amendments. Metter Officers; Eligibility. Mitchell New Charter. Ocilla Territorial Limits. Pembroke Clerk and Treasurer. Quitman Charter Amendments. Saint Charles Charter Repealed.

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Savannah Charter Amendments. Savannah Territorial Extensions. Springfield Street Closing. Statesboro Voters' Registration; Taxes. Trenton New Charter. Twin City Charter Amendments. Union City Taxes. Vidalia Primary Elections. Villa Rica Charter Amendments. Washington Officers' Salaries. Washington Tax Assessments, etc. West Point Recorder. ACWORTH SCHOOLHOUSE BONDS. No. 440. An Act to amend, An Act to authorize the Mayor and Commissioners of the Town of Acworth to establish and maintain a system of public schools for said town; to levy and collect a tax for establishing and maintaining the same, and provide for the payment of said tax to the board of education of said town; to authorize the County School Commissioner of Cobb County to pay over to the said board of education, such part of the State school fund as may be their proportionate share, etc., approved December 1, 1894, and as amended by an Act approved July 26, 1920, so as to provide for the issuance of bonds of the City of Acworth for the purpose of purchasing school property, building schoolhouses; 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 of the General Assembly approved December 1, 1894, creating a system of public schools for the town of Acworth, in the County of Cobb, State of Georgia, as amended by an Act approved July 26, 1920, be and the same is further amended as follows, to wit, by adding the following thereto: Acts amended. Be it further enacted by the authority aforesaid, that on and after the passage of this Act, the Mayor and Council of the City of Acworth are, by this Act, authorized and empowered to submit to the voters of said city, under the provisions of the Code of Georgia of 1933, section 87-201

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to 87-205 inclusive, the question of issuing bonds in a sum not to exceed fifteen thousand ($15,000.00) dollars, and to be sold for the purpose of purchasing school property and erecting and equiping school buildings for said City of Acworth, and at said election, the ballots shall be written or printed, for bonds for school or against bonds for schools. The said city being delegated the authority, by this Act, to call an election to vote upon the question of the issuance of said bonds. Should the said election herein provided for result in favor of the issuance of said bonds, then the Mayor and Council of said City of Acworth shall be and they are hereby authorized and empowered to issue bonds for said purposes, not to exceed in the aggregate fifteen thousand ($15,000.00) dollars, to be in such denominations as said Mayor and Council may designate. The bonds herein provided for are to be signed by the Mayor and attested by the clerk for the said City of Acworth, and shall be turned over to the board of education of said city of Acworth for disposition; the proceeds thereof, to be used for the purposes of erecting suitable buildings for said public schools and for furnishing and equiping the same, and for purchasing school property, if such becomes necessary. The title of any such purchases of school property to be vested in said board of education. Said bonds of the City of Acworth shall not be taxable directly or indirectly by the City of Acworth. Election as to school bonds, limit $15.000. Sec. 2. Be it further enacted by the authority aforesaid, that the Mayor and Council of the City of Acworth are hereby authorized and empowered to annually assess, levy and collect a tax, additional to any now levied, not to exceed one-fourth of one per cent on all property, both real and personal, within the corporate limits of said city, for the specific purpose of paying the principal and interest on the said bonds on their maturity. The said tax so levied and collected to be kept separate and distinct from all other taxes, and shall be used for the payment of interest and principal on said bonds. Said bonds are to mature within thirty years from date of issuance. Tax to pay bonds.

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Sec. 3. Be it further enacted by the authority aforesaid, that if the election provided for in this Act for the issuance of school bonds should be against the issuing of said bonds, then the Mayor and Council of said city may, at their own instance, and shall, on the application of any ten freeholders of said city, at any time hereafter, order another election under the provisions of this Act; provided, that such elections shall not be held oftener than once in every twelve months. Future elections. Sec. 4. Be it enacted by the authority aforesaid, that all laws and parts of laws in conflict with the above and foregoing be and the same are hereby repealed. Approved March 28, 1935. ATHENS CHARTER AMENDMENTS. NO. 280. An Act to amend an Act approved August 24, 1872, entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, which said Act of 1872 changed the name of the Town of Athens to the City of Athens, as amended by an Act approved September 19, 1891, and as amended by an Act approved July 30, 1913, and as otherwise amended, by authorizing the Mayor and Council upon a two-thirds vote and upon the petition of two-thirds of the owners in fee simple of the abutting property on streets or sidewalks, to provide for the paving of any street or sidewalk and to classify such streets and sidewalks, determine the proportion of the cost of any paving to be assessed against the abutting property owners, and provide for the assessment and collection of the same; to authorize the Mayor and Council of the City of Athens to issue executions against such property owners for such assessments and to enforce the collection thereof; to provide for payment of such executions over a term of years to be fixed by the Mayor

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and Council; to authorize the Mayor and Council to sell, negotiate, pledge, or hypothecate such executions; to provide for the election of the Recorder of the City of Athens by the people, prescribe his term of office and fix his salary; to provide for the election of the City Attorney of the City of Athens by the people, prescribe his term of office and fix his salary; to provide special sessions of the Mayor and Council; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly approved August 24, 1872, entitled, An Act to amend the charter of the Town of Athens, and the various Acts amendatory thereof, which said Act of August 24, 1872, provided for changing the name of the Town of Athens to the City of Athens and for the incorporation of said city under the name and style of The Mayor and Council of the City of Athens and provided a charter for the Mayor and Council of the City of Athens, as amended by an Act approved September 18, 1891, and as amended by an Act approved July 30, 1913, and as amended by an Act approved August 18, 1913, and as otherwise amended be and the same is hereby amended by adding to section 18 of said Act of August 24, 1872, the following provision: The Mayor and Council of the City of Athens shall have authority upon a vote of two-thirds of the Mayor and Council to provide for the paving of any street or sidewalk in said city, or to order by Ordinance the paving of any such street or sidewalk upon the petition of two-thirds of the owners in fee simple of the abutting property on said street or sidewalk. Acts amended. Paving, assessments. The Mayor and Council of said city shall have authority to adopt ordinances classifying said streets and sidewalks in the order of their public importance to the said city and the private convenience of the abutting property owners, and to provide what proportion of the cost of said paving shall be assessed against the abutting property owners, according to such classification and what proportion of said cost shall be borne by the city, either as to the paving of

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said street or sidewalk. And to assess against said abutting property owners the relative amount to be paid by said abutting property owners. That upon the failure of any property owner, upon the completion of said paving, to pay any assessment hereunder levied, the Mayor and Council of the City of Athens shall issue execution in the name of the Mayor and Council of the City of Athens against such property owner and such property for such sums as may be due, with accrued interest, for such paving or improvements as are made by virtue of this Act, and the said Mayor and Council shall have the right to enforce the payment of such execution by levy and sale, the execution to be issued and sale thereunder to be conducted as in the case of the issuance of executions and sales for city taxes, and the purchaser at such sale shall acquire the same rights as a purchaser at a sale conducted under the laws providing for the enforcement of tax executions issued by the Mayor and Council of the City of Athens. Execution. That after any execution provided for in this Act shall issue that it may be paid by said property owner over a term of years to be fixed by said Mayor and Council of the City of Athens and said execution to bear the legal rate of interest. That the Mayor and Council of the City of Athens shall have the express authority to sell, negotiate, or transfer any or all executions issued hereunder, and to pledge, hypothecate, or use as collateral any or all such executions for any loan or loans negotiated by said Mayor and Council and the said Mayor and Council are expressly authorized to borrow on such executions as collateral, and in the event title to any execution or executions issued hereunder shall pass to any transferee, assignee, or purchaser, or in cases where such execution or executions are held as collateral or in pledge for a debt past-due, then the holder of said title or holder of such execution or executions as collateral shall have the same right as to enforcement of payment as the Mayor and Council of the City of Athens enjoyed, and shall have

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the right to enforce the same in the name of the Mayor and Council of the City of Athens. That this method of paving and assessing costs thereof, issuing executions, and sale thereunder shall be exclusive. The foregoing provisions shall be in lieu of the provisions of the Act approved September 19, 1891, and in lieu of all other provisions of said Act of 1872 as amended with reference to the assessment of the costs of paving streets and sidewalks, and the method of assessing the cost of paving streets and sidewalks, and of enforcing such assessments, provided by this section, shall be exclusive. Sec. 2. That said Act of 1872 as amended by the Act approved August 18, 1913, be and the same is hereby amended by striking from section 2 of said Act of August 18, 1913, the following: Be it further enacted, that the Mayor and Council of the City of Athens at their annual election of city officers shall elect a recorder whose duty it shall be to preside over said Recorder's Court with as full and ample authority to try and dispose of all cases within the jurisdiction of said court as the Mayor of the City of Athens heretofore had in the Mayor's Court, and inserting in lieu thereof the following: The Recorder of the Mayor and Council of the City of Athens shall be elected by the qualified voters of said city, at an election to be held under the same rules and regulations as elections for members of the Council of the Mayor and Council of the City of Athens. The said Recorder shall be elected for a term of three years beginning on the first Monday in July, 1935. The first election for Recorder shall be held on the first Monday in June, 1935, and an election shall be held every three years thereafter. The Recorder shall receive a salary to be fixed by the Mayor and Council of the City of Athens which shall not be less than $100.00 per month. All candidates for said office shall file their entries with the clerk of the Council ten days before the election and in default thereof their names shall not be entered upon the ballot. There shall be only one polling place for such election and the same shall

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be in the Council Chamber of the City Hall. Said Recorder shall preside over said Recorder's Court with as full and ample authority to try and dispose of all cases within the jurisdiction of said court as the Mayor of the City of Athens formerly had and as otherwise provided by law, and all the power and authority now conferred upon the Recorder of said City. Recorder, election, term, salary. Sec. 3. That said Act of 1872 as amended be and the same is hereby further amended by adding thereto the following provision: There shall be a City Attorney of the Mayor and Council of the City of Athens who shall be elected by the qualified voters of said city at an election to be held under the same rules and regulations as elections for members of the Council of the Mayor and Council of the City of Athens are held. The term of office of the City Attorney shall be three years and until his successor is elected and qualified. The first election shall be held on the first Monday in June, 1935, and an election held every three years thereafter. All candidates for said office shall file their entries with the Clerk of the Council ten days before the election and in default thereof their names shall not be entered upon the ballot. Said City Attorney shall receive a salary to be fixed by the Mayor and Council of the City of Athens which shall not be less than $100.00 per month. City attorney. Sec. 4. That said Act of 1872 as amended be further amended by adding the following provision: The Mayor of said city may at any time call a special meeting of the Mayor and Council which shall take action only upon such matters as are provided for in such call. Any action taken at such special meeting pursuant to this section shall have as full and complete effect as if done at a regular meeting. Meetings of mayor and council. Sec. 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1935.

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ATLANTA INSURANCE OF EMPLOYEES. NO. 23. An Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Section 1. All employees of the city, except policemen and firemen, who have served for a period of 90 days or more, and who receive a salary or wage of at least $60.00 per month, shall have a total insurance on their lives of $1,000.00 each, provided the payment by said employees shall not exceed 70 per month and whatever sum is necessary over and above said 70 per month to pay said group insurance, will be paid by the city on its employees, except those employed by the Department of Education whose part shall be paid by the Department of Education from the appropriation made to said department annually. Insurance of employees other than policemen, firemen, teachers, etc. (a) To where the word employee is used in the above section, it includes heads of departments, their assistants, and employees of the several departments. Employee defined. Sec. 2. Said group insurance shall be managed by a Board of nine Trustees, seven Trustees elected by the employees as follows, to wit: Board of trustees. (a) Four by the members of the Department of Education and three by the employees outside of the Department of Education; Secretary whose office shall be filled by the comptroller ex officio and the treasurer, whose office shall be filled by the city treasurer ex officio. Sec. 3. There is now in the hands of the trustees managing said group insurance a surplus arising from the premiums

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formerly paid into the Group Insurance Fund and this sum shall be turned over to the treasurer of said board to be credited to the city and the Department of Education in proportion to the members from each. Fund. Sec. 4. The Mayor and General Council of the City of Atlanta is hereby required to make an appropriation annually to said board sufficient to cover the difference in the amount paid by the employee and the amount due the Insurance Company, in order to insure $1,000.00 of life insurance on each of said employees. The funds collected by the said board both from the employees and from the city shall be kept separately from other city funds and in the name of said board it shall be paid out only on vouchers drawn by the president of the board and countersigned by the secretary. Sec. 5. Said board is authorized to pass rules and regulations governing same, and put these provisions into effect by more detailed provisions and with reference to management of the funds, meetings of the board and such other matters as may properly come under the supervision of such board. Rules of board. Sec. 6. All laws and parts of laws in conflict with this law are hereby repealed. Approved February 15, 1935. ATLANTA LAKEWOOD LOAN. NO. 297. An Act to amend an Act establishing new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta approved February 28, 1874, and the several Acts

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amendatory thereof, be and the same are hereby amended as follows: Section 1. That the provisions of the present charter as contained in section 228 of the City Code of Atlanta, published in 1924 (as amended), providing that the City of Atlanta shall not lease the old waterworks property, known as Lakewood, and making an exception in case the City of Atlanta through its mayor and general council desires to lease the same to the Southeastern Fair Association, be amended by adding thereto additional paragraphs as follows: Said Mayor and General Council of the City of Atlanta may, at their discretion, acting jointly with the Southeastern Fair Association, or separately, as may be desired, procure from the United States Government, or any of its agencies set up for the purpose of lending money under any plan for the lending of sums for public construction, such sums as said Government, or its agencies, may lend or advance, provided said loan shall not exceed one hundred fifty thousand ($150,000.00) dollars, for the purpose of erecting buildings or beautifying or improving the grounds, or repairing, remodeling, or reconstructing the grandstand, race-tracks, or any part or portion of the property covered by the lease between the City of Atlanta and the said Southeastern Fair Association; and said City of Atlanta, acting through its proper governing authorities, may pledge all of the income received from the buildings, or the income received from the entire property covered by its lease with the Southeastern Fair Association, for the repayment of sums so loaned or advanced by said government, or its agencies, said city acting for this purpose either jointly with the Southeastern Fair Association, or acting alone, it first having contracted with said Southeastern Fair Association to this effect. It is intended hereby that the income only shall be pledged, and in no event shall any part of the property be pledged. U. S. loan for Lakewood; repayment from income of property. Sec. 2. That all laws, or parts of laws, in conflict herewith be and the same are hereby repealed. Approved March 25, 1935.

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ATLANTA OFFICERS; INELIGIBILITY. NO. 90. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That section 427 of the Code of the City of Atlanta of 1924 is hereby repealed, and in lieu thereof the following is enacted: It shall be unlawful for any person holding an office or position of trust, or emolument, or regular employment, under appointment by the President of the United States, or any Department of the Federal Government, or election by the people of the United States, or any of them, or any District of the United States, or under appointment by the Governor of Georgia, or any other officer or officers of the State or county vested with appointing power, or election by the people of the State or any county, or other political divisions of said State after the 31st day of December, 1900, to occupy or hold the position of mayor, alderman, or councilman of the City of Atlanta, or membership on any executive board of said city, whether said office be by election or appointment during the time he holds said Federal, State, or County office, and neither the mayor, alderman, or councilman, nor any other officer of said city who, by virtue of election by the people or appointment by the mayor, or election or appointment by the mayor and general council, or election or appointment by any of the boards of the city government, holds such office after the passage of this Act shall be eligible to hold any other office in the service of said City Government. Ineligibility of city officer for other office, etc. Sec. 2. That section 429 of the Code of the City of Atlanta of 1924 is hereby repealed, and the following is enacted in lieu thereof: Nor shall any member of the General Council be a member of any board under said City Government except as is now or hereafter provided by the charter of said

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city, and the acceptance by the mayor, any councilman, alderman, or any other officer of said city, after the passage of this Act, of any office or position of trust, honor, or emolument, or regular employment under the Federal, State or County Government, excepting the Board of Trustees of the Grady Hospital, or Board of Carnegie Library, or Board of Education, or Park Commission, Board of Firemasters, or Board of Electrical Control, shall immediately create a vacancy in the office he holds in or under said city government, which vacancy shall be filled in the manner provided by law; and that the acceptance by the mayor or any alderman, councilman, or other officer of said city government, or board or department thereof, of any other city office, position or regular employment shall likewise vacate the first office held by such officer except as hereinbefore provided. Exceptions. Sec. 3. That any person who holds a commission in the National Guard of Georgia or United States Officers Reserve or any person enlisted in the National Guard of Georgia shall be eligible to hold any office, position of honor or trust or employment in the Municipal Government of Atlanta. Eligibility of guardsmen for office. Sec. 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1935. ATLANTA PENSIONS ON RETIREMENT. NO. 358. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof. 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 Atlanta, as set forth in the Code of the City of Atlanta of 1924, be and the same is hereby amended as follows:

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Section 1. Sections 460, 461, 462, 463, 464, 465, 466, 467, 468, and 469 of the Code of the City of Atlanta of 1924 be and the same are hereby repealed, such repeal to become effective September 1, 1935. Sec. 2. Be it further enacted that any officer or employee who is now or may hereafter become eligible to retirement on pension under any of the sections set forth in section one of this Act may do so at any time prior to the 1st day of September, 1935, but not thereafter. Pensions. Sec. 3. Be it further enacted, that all persons who are now retired upon pensions under any of the sections set forth in section one of this Act shall continued to receive the sums set forth and provided in the sections enumerated in section one of this Act; it being the purpose of this Act that the same shall not affect any person or persons now drawing pensions under said Act, but only such persons as might apply under the same after the 1st of September, 1935. Sec. 4. All laws and parts of laws in conflict with this law are hereby repealed. Sec. 5. Be it further enacted, that an Act entitled An Act to provide that all cities having a population of more than one hundred fifty (150,000) thousand inhabitants shall provide pensions for the following officers and employees, provided they are in office at the time of the passage of this Act and have served twenty-five (25) years, etc., approved August 15, 1927 (Acts 1927, page 268), be and the same is hereby repealed. Repealed laws. Approved March 28, 1935. ATLANTA PENSION TO MRS. BLAZER. NO. 404. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several amendatory Acts thereof; and for other purposes. Be it enacted by the General Assembly of the State of

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Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874; and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. The Mayor and General Council may in its discretion provide for the payment of a pension to Mrs. J. W. Blazer, the widow of Lieutenant J. W. Blazer, who was continuously employed as a member of the Police Department for a period of twenty-three years, nine months and twenty-one days, up to the time of his death in the year 1934. Such pension shall not exceed the sum of forty ($40.00) dollars per month, shall be paid in monthly installments for the duration of the life of said Mrs. J. W. Blazer, or until she remarries. Pension of $40 a month for widow of police officer. Sec. 2. 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 28, 1935. ATLANTA RELIEF DIRECTOR; ETC. NO. 359. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Section 1. The office known as Warden or City Warden of the City of Atlanta is hereby abolished effective December 31st, 1936. The office of Director of Relief is hereby created effective January 1, 1937. The Director of

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Relief shall be elected by the vote of General Council for a term of three years at a salary to be fixed by the Mayor and General Council. The Director of Relief shall perform all of the duties heretofore performed by the Warden and such other duties as may be directed by the Mayor and General Council. Office of city warden abolished. Director of relief, office created. Salary. Sec. 2. That in addition to the oath of office now prescribed for the Mayor and members of General Council they shall subscribe to the following oath: I further swear that I will uphold and support the Constitution and Laws of the State of Georgia. Oath of mayor and council. Sec. 3. All heads of departments of said city, now elected by committees, other than Chief of Police, and serving under authority of said committees shall hereafter be elected by a majority vote of General Council for a term of three (3) years and the committee under whom they serve shall have no authority to elect the heads of departments over which said committees are in control. Nothing herein shall be construed as establishing any definite term for the Chief of Police or Chief of Fire Department, or in any way interfering with the present incumbents, or any civil service provisions existing in either of said departments. Election of heads of departments. Sec. 4. The Mayor and General Council are hereby authorized to provide by ordinance for a permanent system of registration, under which, when the voter once registers, taking the necessary oath therefor, his name shall be entered on the list or record of voters and shall be kept there permanently unless removed for non-payment of taxes, removal from the city or other disqualification. Permanent registration of voters. Said city is further authorized to elect or appoint as City Registrar, the County Registrar of Fulton County, for the voters residing within Fulton County, and the County Registrar of DeKalb County, for the voters residing in DeKalb County, provided it may make satisfactory arrangements with said County Registrars, but if satisfactory arrangements cannot be made, then the city may provide

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for a City Registrar from any of its city officials or for the election of a citizen, not an official, as City Registrar. Said Mayor and General Council shall install a system of permanent registration in accordance with general laws of the State including the purging of said list of voters, and for any other matters necessary to the operation of said system of permanent registration which are deemed advisable in connection therewith. The present provision of the City Charter, under which the city requires annual registration be and the same is hereby repealed. Sec. 5. That the time or times for the payment of taxes assessed against real estate and personal property in the City of Atlanta be fixed by ordinance passed by the Mayor and General Council of said city, provided said ordinance shall not be changed during any current year but shall apply to the years succeeding the date of the passage of such ordinance. Time for payment of taxes. Said ordinance may provide for the payment of the taxes monthly, or quarterly, or otherwise, as said Mayor and General Council may provide, and on the failure to pay the taxes or the installment of taxes, as fixed by said ordinance, the same shall bear interest at the rate of 7% per annum, to be charged on any installment not paid at the time ordained. If all the tax assessed for the current year is paid during the first tax period fixed, as provided in said ordinance, a discount for such payment may be allowed, not exceeding 3%, as provided by ordinance, on the total amount of said annual taxes. Discount of taxes. If the total taxes are not paid during the first period, but are paid during some of the other periods fixed in said ordinance, a discount may be allowed thereon, not exceeding the said stated sum of 3%, provided there shall be deducted from said discount a proportionate corresponding to the period of the year during which said taxes remain unpaid.

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The interest shall be computed from the date the taxes are made payable. Interest on taxes. The whole question of the times of payment is left to the discretion of the Mayor and General Council and they may, by ordinance, provide one or more times of payment during the current year. If said taxes are not paid at the time prescribed by ordinance but only a portion of same are paid at the time prescribed, then annually on the 15th day of October, executions shall be issued for the entire tax of the current year or for the unpaid balance of the entire tax of the current year, and interest shall be computed on installments of the unpaid taxes up to the date of issuance of execution. Said execution shall issue for the entire annual tax less such payments that shall be made thereon during the year, and shall bear interest from said October 15th. Executions. Sec. 6. The Mayor and General Council of the City of Atlanta shall have full power and authority to install a system of civil service for the various departments of said city providing that persons so affected shall serve during good behavior and efficient service, together with the right, in its discretion, to create any board or boards for the conduct of same; to make all necessary rules and regulations; to exclude therefrom certain persons, officers or groups of employees in its discretion, and generally to do all things necessary to carry out the purpose of this amendment; provided, however, that the same shall not apply to those offices which are elected by vote of the people or vote of the Mayor and Council or which said Mayor and Council may have delegated to any committee, and provided further that the terms and provisions of this amendment shall apply only to those employees not now covered by civil service provisions or tenure of office provisions and where any department of said city is now provided with civil service regulations no part of the same shall in anywise be altered or affected by anything in this amendment. Civil service system.

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Sec. 7. The Mayor and General Council shall always maintain in connection with its Department of Police, a Woman's Bureau, the same to be of such size and personnel as said Mayor and General Council may in their discretion determine to be necessary. Woman's bureau of police department. Sec. 8. All laws and parts of laws in conflict with this law are hereby repealed. Approved March 28, 1935. ATLANTA WARDS; NUMBER REDUCED; ETC. NO. 142. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Section 1. The number of wards of said city is hereby reduced from the present number of thirteen (13) to the number of six (6), and said six (6) wards are hereby defined and constituted, as follows, to wit: Wards reduced to six. The present second and third wards to be combined into one ward, called the 1st Ward. The present eleventh and twelfth wards to be combined into one ward, called the 2nd Ward. The present first, fifth and sixth wards to be combined into one ward, called the 3rd Ward. The present seventh and tenth wards to be combined into one ward, called the 4th Ward.

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The present fourth and eighth wards to be combined into one ward, called the 5th Ward. The present ninth and thirteenth wards to be combined into one ward, called the 6th Ward. The present provisions of said charter, as found in sections 4, 5 and 6 of the City Code of 1924, and the amendment to said charter, passed in 1929, creating the 13th Ward, be, and the same are hereby repealed insofar as same provide for number and boundaries of wards reaching finally the total number of thirteen (13), and the provisions, above set out, providing for six (6) wards are hereby enacted in lieu thereof, provided, however, that the Mayor and General Council shall have power to make changes in ward lines whenever it is deemed advisable to contract or extend them, for the benefit of the citizens thereof, provided that the ward lines, when re-arranged, shall not be more than six (6) wards. Sec. 2. Each of the wards, as established in the preceding section, shall have two (2) Councilmen and one (1) Alderman from each of said wards, who shall receive the sum of fifty ($50.00) dollars per month as salary. Salary of councilman, etc. Sec. 3. In order to adjust the representation to the re-arranged wards, it is hereby enacted that the present councilmen and aldermen of the General Council of the City of Atlanta shall serve until the first Monday in January, 1937, when all their terms cease and terminate; any members whose terms expire prior to that time shall have said terms extended, without further election, up to the said first Monday in January, 1937, so that all the terms of the councilmen and aldermen shall expire at the same time. Terms. Sec. 4. The Mayor and Councilmen, taking office on the first Monday in January, 1937, shall serve for a term of three (3) years each. The terms of the Aldermen and the City Attorney, taking office at said time, are hereby fixed for terms of four (4) years each.

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Said Mayor, Councilmen, Aldermen and City Attorney shall be elected at the general election, to be held in December preceding 1937. Said officials can succeed themselves in their several positions as often as they may be elected thereto. Election. Succession. The present provisions of the charter, to wit, amendment passed in 1933, providing for a two-year term for the Mayor, is hereby repealed, except that the right of the Mayor to succeed himself in office hereby remains unchanged. The present provisions of the charter, as published in the City Code of 1924, sections 35 and 37, so far as fixing the term of years of service for Aldermen and Councilmen, and all amendments thereto, are hereby repealed and provisions above set out are hereby enacted in lieu thereof. The present provisions providing that the City Attorney shall hold office for four (4) years is hereby unchanged. Any vacancy in the office of Alderman, or Councilman or City Attorney or any other officer elected by the vote of the people or by a vote of council, except the Mayor, shall be filled by a vote of the General Council and the person so elected shall serve until the next general election, to be held in that or some subsequent year, at which a successor shall be elected for the remainder of the unexpired term, unless same expires with such year. Vacancies. No member of the General Council shall be eligible during the term for which he was elected, to fill any vacancy where such vacancy is filled by the vote of the General Council. In the event of a vacancy in the office of Mayor, General Council shall call an election not later than ninety (90) days from the date said vacancy occurs at which election the Mayor shall be elected for the unexpired term. In the interim the Mayor Pro Tem. or in his absence or disqualification, the Provisional Mayor Pro Tem. shall serve as Mayor. Sec. 5. The Mayor Pro Tem of the City of Atlanta shall be elected at the first meeting each year of General Council by the membership thereof for a term of one year and must

Page 894

be from the membership of the Board of Aldermen. Salary of Mayor Pro Tem. shall be twenty-five ($25.00) per month in addition to the salary of fifty ($50.00) per month he receives as a member of the Board of Aldermen. Mayor pro tem., election, salary. Sec. 6. The members of the Board of Education of the City of Atlanta shall consist of one member to be elected from each of the six (6) wards of the city, and all provisions of the present charter, or amendments thereto, providing to the contrary are hereby repealed. The terms of the present members shall cease on the first Monday in January, 1937, and the new member from each of the six (6) wards herein provided for, shall be elected at the general city election to be held in the preceding year, provided, however, any members of the Board of Education whose terms expire prior to that time, shall have said terms extended, without further election, to the said first Monday in January, 1937. Board of education. All provisions of the charter, under which members of boards or commissions, acting for the city, under which one or more members are allowed to such board or commission from each ward of the city, are hereby amended so that the total membership of such boards or commissions shall not exceed one from each ward or six (6) in number, unless the charter amendment adds one or more members from the General Council to such board or commission. Boards or commissions. Sec. 7. All laws and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved March 14, 1935. ATLANTA WATERWORKS MANAGER'S ELECTION. NO. 395. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Section 1. The General Manager of Waterworks of the City of Atlanta shall in the future be elected by a majority vote of General Council on the first Monday in September, 1937, for a period of three years, to take office January 1st, 1938, and terms and elections shall be every three years thereafter in the same manner. Election of manager of waterworks. Term of office. Sec. 2. Be it further enacted that section 197 of the City Code of Atlanta of 1924, which provides for the election of the General Manager of Waterworks of Atlanta, is hereby repealed. Such parts of sections 78 and 470 of the City Code of Atlanta of 1924, in so far as they are in conflict with the foregoing amendment, are repealed. Approved March 28, 1935. AUBURN CHAIN-GANG; REPEALING ACT. NO. 278. An Act to repeal an Act approved July 30, 1927, found in the Acts of 1927, pages 804 and 805, entitled An Act to amend an Act approved December 20, 1893, incorporating the Town of Auburn, so as to strike the word Gwinnett when the same appears and substitute therefor the word Barrow, to authorize the Mayor of said Town of Auburn to commit persons found guilty of violating municipal ordinances to the county chain-gang of Barrow County for not exceeding ninety days; to provide for the punishment of persons violating said municipal ordinances; and for other purposes.

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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 an Act entitled An Act to amend an Act approved December 20, 1893, incorporating the Town of Auburn, so as to strike the word Gwinnett when the same appears and substitute therefor the word Barrow, to authorize the Mayor of said Town of Auburn to commit persons found guilty of violating municipal ordinances to the county chain-gang of Barrow County for not exceeding ninety days; to provide for the punishment of persons violating said municipal ordinances; and for other purposes, approved July 30, 1927, found in the Acts of 1927, pages 804 and 805, be and the same hereby is repealed. Repeal of Act as to chain-gang. Sec. 2. Be it further enacted by the authority aforesaid' that all laws or parts of laws in conflict with the provisions of this Act be and the same hereby are repealed. Approved March 23, 1935. AUBURN PENALTIES; LIMIT. NO. 244. An Act to amend an Act approved December 20, 1893, incorporating the Town of Auburn, found in the Acts of 1893, page 183 et seq., so as to strike the word Gwinnett wherever the same appears in said Act and to substitute therefor the word Barrow, and to authorize the Mayor and Council of said Town of Auburn to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines and penalties, not exceeding one hundred dollars, and imprisonment in the town jail or other place of imprisonment in said town for a term not exceeding ninety days, or as an alternative of failure or refusal to pay fines imposed to require labor in a work gang on the streets of said town not exceeding ninety days; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that an Act entitled an Act incorporating the Town of Auburn in the County of Gwinnett, approved December 20, 1893, be and the same is hereby amended by striking the word Gwinnett wherever the same appears and substituting in lieu thereof the word Barrow. Barrow county substituted for Gwinnett. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the Mayor and Council of the Town of Auburn shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules, and regulations, not contrary to the Constitution and laws of this State and to prescribe, impose, and enact reasonable fines and penalties, not exceeding one hundred dollars, and imprisonment in the town jail or other place of imprisonment in said town for a term not exceeding ninety days, or as an alternative of failure or refusal to pay fines imposed to require labor in a work gang on the streets of said town not exceeding ninety days. Penalties, limit. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same hereby are repealed. Approved March 22, 1935. AUGUSTA CIVIL-SERVICE ACT AMENDED. NO. 152. An Act to amend an Act entitled: An Act creating a Board of Civil Service Commission for the City of Augusta, approved August 3, 1913, as amended by an Act approved August 24, 1929, so as to prescribe the qualifications, powers, duties and authority of said board and its members; to fix the compensation of its members and employees; to designate the place of meeting and office; to fix the method of appointment and/or election of the members thereof; to prescribe the method of procedure of

Page 898

removal of commissioners from office; to prescribe rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the Chiefs and other officers of both departments and provisions in reference to their retirement; and to repeal all laws in conflict with the provisions of this Act; and for other purposes. Section A. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act entitled: An Act to create a Board of Civil Service Commission, for the City of Augusta in this State, to have entire control and management of the Police and Fire Departments of said city; to define its powers and duties, and for other purposes (Acts 1913, page 612), as amended by an Act approved August 24, 1929 (Acts 1929, page 852), be and the same is hereby amended by striking from the original Act as amended, sections 1 to 14 inclusive of the original Act, and sections 1 and 2 of the amendatory Act, and by inserting in lieu thereof the following: Act amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the City Council of Augusta, at its first regular meeting, shall elect five upright and intelligent citizens of Augusta, whose term of office shall begin January 1, 1914, and shall continue for five years and until their successors duly qualify. These citizens so elected shall constitute a Board of Civil Service Commission and such board shall have such powers and duties only as hereinafter specified. No person shall be eligible as a member of said board who at the time of his election holds any office of profit or trust under the national, State, county, or municipal governments, unless he shall resign said office before qualifying as a member of said board. Their successors shall be elected by the City Council of Augusta on the first Monday in December each succeeding year, provided, however, that the office of one of the members of said commission as now constituted shall expire

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on the first of January, 1930, one on the first of January, 1931, one on the first of January, 1932, one on the first of January, 1933, one on the first of January, 1934, and his successor elected as provided for herein, the member to be retired to be determined by lot as follows: On the second Monday in November, 1929, there shall be a meeting of the board as now constituted, and members shall place five numbers in a hat, each drawing one number therefrom, and the member drawing number one shall be the member to retire on the first of January, 1930, and his successor shall be elected by city council at its first meeting in December. And on the second Monday in November thereafter there shall be a like meeting of said board, and for each old member left thereon there shall be placed in a hat numbers from 1 to 4, and the one drawing number 1 therefrom shall be the next member to retire, whose successor shall be elected by said city council as its first meeting in December for the succeeding year; and so on until each of the old members shall have been retired from said board. The terms of the members to be elected shall be five years, except for the member who might draw the number which would expire him before the expiration of his present term; and so on throughout the terms of the present members. Provided, however, that no member of such board shall be eligible to succeed himself thereon, but said city council shall, at any of its regular meetings, have the power to fill any vacancy or vacancies which may occur on said board. Before entering upon the discharge of the duties of their office each member so elected shall take before the mayor of said city an oath to faithfully discharge the duties of the office of civil service commissioner of the City of Augusta. New section 1. Election of board. Terms of office. Oath. Sec. 2. Be it further enacted by the authority aforesaid' that at its first meeting, after the approval of this Act, said board shall proceed to elect from their own number a president, who shall preside over the meetings and be its chief executive officer; that is, of the Civil Service Commission of Augusta only, and said president shall hold said office until its first meeting in January 1936, when it shall elect its president, and annually thereafter. That in the

Page 900

absence of said president for any cause, said board shall elect one of its members to act instead of said president, and said member so elected shall be clothed with all the rights and powers of said president. Said board at such meeting shall also elect a Secretary, who shall not be a member of said board, but who shall be a citizen of Augusta, a competent stenographer. He shall not be removed from said position, except for cause and after trial before said commission, as hereinafter provided for. Said secretary shall keep the books of minutes and other records of said commission, shall report stenographically the evidence in all trials held by said commission, conduct the correspondence of said commission by dictation or otherwise of the members of said commission, shall act as clerk when said commission shall constitute a trial court, and perform such other duties connected with said commission as it may deem proper. He shall also act as secretary to the Chief of the Police Department. He shall receive for his services a salary of twenty-one hundred dollars ($2,100.00) per annum, payable monthly, which shall be promptly paid by the treasurer of said city from the funds of said city, upon a proper certificate signed by said commission as hereinafter provided. Before entering upon the discharge of his duties as secretary, he shall take an oath before the president or acting president of said commission, that he will faithfully and honestly perform the duties of his office, and will not disclose, except in a court of competent jurisdiction, or legal investigating committee, or such other body, when summoned before such to testify, any of the matters before the said commission or concerning said commission, except to a commissioner, each of whom shall have access to all records. Election of president. Secretary. Salary. Oath. Sec. 3. Be it further enacted by the authority aforesaid, that the commission shall keep minutes of its proceedings and records of its examinations. The rules shall provide: Minutes, records. Rules. (A) For the qualification of each applicant for any of the positions in each department, provided, however, that no person shall be qualified for the position of an officer or

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private in either department who has not arrived at the age of twenty-one (21) years or is over the age of thirty-five (35) years. Provided further that the minimum height for the Police Department shall be five feet, eight and one-half inches (5 ft. 8 in.), and the minimum weight one hundred fifty-five (155) pounds; and the minimum height for the Fire Department shall be five feet, seven inches (5 ft. 7 in.), and the minimum weight one hundred forty (140) pounds; provided, further, that this shall not apply to any person employed in either department upon the passage of this Act, except those who have reached, or shall reach the age of sixty-two (62) years, and no private, officer or employee shall be eligible to continue in the department after his sixty-second (62nd) birthday, provided he shall have had twenty-five (25) years service with the City of Augusta. Provided, further, that any such officer or employee who shall reach his sixty-second (62nd) birthday and has not completed twenty-five (25) years service, may continue in such position until he shall have acquired twenty-five (25) years service, unless in the meantime he shall be discharged by the commission for cause as hereinafter provided. Qualifications of applicants. (B) For open competitive examinations to test the relative fitness of applicants for such positions. (C) For public advertisement of all examinations at least ten (10) days in advance in at least one newspaper of general circulation in said city and by posting a notice in the city hall. Advertisement of examinations. (D) For the creation of eligible lists in which shall be entered the names of the successful candidates in the order of their standing in examination. Such lists shall remain in force not longer than two years. Lists of eligibles. (E) For the rejection of candidates or eligibles who fail to comply with requirements of the commission in regard to age, residence, sex, physical condition or who have been guilty of crimes or misdemeanors, or of infamous or disgraceful conduct, or who have attempted any deception or fraud in connecton with an examination. Rejection.

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(F) For the appointment of the person standing highest on the appropriate list to fill a vacancy. Vacancies. (G) For a period of probation not to exceed six months before appointment is made complete, during which period a probationer may be discharged or reduced with the consent of the Commission. Probation. (H) For temporary employment without examination on written request of either the Chief of Police, or Acting Chief of Police, or Chief of the Fire Department, or Acting Chief of the Fire Department, with the consent of the commission, in cases of emergency and pending appointment from an eligible list. But no such temporary appointment shall continue longer than sixty days, nor shall successive temporary employment be allowed, except in times of grave danger, of which the commission shall decide. Temporary employment without examination. (I) For transfer from one position to a similar position in the same grade of employment and for re-instatement within one year of persons who without fault or delinquency on their part are separated from the service or reduced. Transfer to another position. (J) For promotion based on competitive examination and efficiency, character, conduct and seniority. Lists shall be created and promotions made therefrom in the same manner as prescribed for original appointments. An advancement in rank or increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable vacancies shall be filled by promotion. Promotion. (K) For suspension for not longer than thirty days and for leaves of absence. Suspension. (L) For discharge or reduction in rank or compensation after appointments or promotion is complete only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction specifically stated and has been allowed a reasonable time to reply thereto in writing, and if such person shall deny the truth of the charges upon which such reasons are predicated, and shall demand a trial, only after trial by said commission as hereinafter provided.

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The reasons and the reply shall constitute the pleadings at such trial and shall form a part of and be filed with the record. Discharge or reduction in rank. (M) For the Switch Board Operators to come under the Civil Service Commission rules, and to have the rank of privates in either the Police or Fire Department, and to provide that those now holding position of Switch Board Operators shall have rank of privates without further examination, and to provide further that future Switch Board Operators shall be taken from the eligible lists. Switch-board operators. (N) Said rules shall provide, in the Police Department, that the competitive class shall be divided into five (5) grades; the first grade to include the Chief and Captain; the second grade shall consist of the Chief of Detectives, Lieutenant of Detectives and Lieutenants of Police; the third grade shall be sub-divided into two classesthe third grade Class A shall consist of the Sergeants and the third grade Class B shall consist of the Detectives; the fourth grade shall also be sub-divided into two classesthe fourth grade Class A shall consist of the patrolmen and fourth grade Class B shall consist of the Chauffeurs; the fifth grade shall consist of probationers. All examinations for promotions shall be from the grade next below it. Grades. (O) For the adoption and amendment of rules pertaining to the subject or subjects dealt with in the lettered paragraphs appearing under section three of this Act, after public notice and hearing. The commission shall adopt such other rules not inconsistent with the foregoing provisions of section 3, as may be necessary and proper for the enforcement of this section. Adoption of rules. Sec. 4. Be it further enacted by authority aforesaid, that no officer or private or employee in either of the departments aforesaid, shall be discharged or reduced in grade or position without being notified in writing as hereinbefore provided; and having replied in writing, should he so desire, or without conviction upon trial, should such person so demand, said trial shall not take place within less than ten

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(10) days after such person shall have demanded the same, and he shall be notified of the time and place of the same, and shall have compulsory process to have witnesses present at said trial. The president or acting president shall preside at all such trials and shall determine and decide all questions of pleadings and the admissibility of evidence. The decision at such trial shall be by a majority of said commission. All such trials shall be public, provided after the evidence is submitted, decision may be reached in executive session and announced immediately thereafter. Provided, further, that the Chief of Police, or Acting Chief of Police; the Chief of the Fire Department, or Acting Chief of the Fire Department, shall not be discharged, disciplined, demoted or suspended, except upon a vote of not less than four (4) members of said commission, and there shall not be an appeal from such decision, provided, however, this section shall not apply to any person or persons temporarily employed by said commission in times of emergency or to the appointment of unskilled laborers. Provided, further, that any Chief of Police, Acting Chief of Police, Chief of the Fire Department, or Acting Chief of the Fire Department, Assistant Chiefs, Captains, Lieutenants, Sergeants, privates, or other employees of either the Police or Fire Department, who have reached or shall reach the age of sixty-two (62) years, and who have had twenty-five (25) years service with the City of Augusta, shall be automatically retired from either of said departments, with all pension or retirement rights now allowed by law. Provided, further, that if such officer or employee shall not have had such twenty-five (25) years service on reaching his sixty-second (62nd) birthday, he shall not be automatically retired, but shall have the privilege of continuing such service under the rules and regulations of the Civil Service Commission. Notice before discharge, etc. Trial. Retirement. Sec. 5. Be it further enacted by the authority aforesaid, that in the case of a vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impracticable, and that the position can best be filled by the selection of some designated person of recognized

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attainments the commission may after hearing evidence, or public hearing, by an affirmative vote of four commissioners, suspend competition, but no such suspension shall be general in its application to such position and all such cases of suspension shall be reported, together with the reasons therefor, in the annual report of the commission. That this section shall not apply to officers of the Police Department, or officers of the Fire Department. Suspension of competition. Sec. 6. Be it further enacted by the authority aforesaid, that all examinations shall be impartial and shall deal with the duties and requirements of the positions to be filled. When all tests are used, a complete record of questions and answers shall be made. Examinations shall be in charge of any or all of said commission, and a majority of the said commission shall have the power to grade the examination papers and establish eligible lists in accordance therewith. Examinations. Sec. 7. Be it further enacted by the authority aforesaid, that such employees, officers and privates as are in the employ of either department when said commission shall be constituted and organized, shall not be subjected to examination except for advancement or promotion. Sec. 8. (a). Be it further enacted by the authority aforesaid, that the Chief of the Police of the City of Augusta, or Acting Chief of Police, as the case may be, shall have complete control, management and jurisdiction of the Police Department of the City of Augusta; the authority to prescribe the rules and regulations for the conduct of his office, and for the conduct of the officers and privates of his department, and for the conduct of the Police Department and the enforcement of the law. He shall be charged with the responsibility for all equipment and property used by the Police Department to the Civil Service Commission for its protection, and the Civil Service Commission shall be accountable to the city council for such equipment and property used by the Police Department. Powers of chief. Sec. 8 (b). Be it further enacted by the authority aforesaid, that the Chief of the Fire Department of the City of

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Augusta, or Acting Chief of the Fire Department, as the case may be, shall have complete control, management and jurisdiction of the Fire Department of the City of Augusta; the authority to prescribe rules and regulations for the conduct of his office, and for the conduct of officers and privates of his department, and for the conduct of the Fire Department and the enforcement of the law. He shall be charged with the responsibility for all equipment and property used by the Fire Department to the Civil Service Commission for its protection and the Civil Service Commission shall be accountable to the city council for such equipment and property used by the Fire Department. Sec. 8 (c). Be it further enacted by the authority aforesaid, that the Civil Service Commission shall have no authority whatsoever except that conferred upon it by section 3 of this Act. Nevertheless, the Civil Service Commission may by a vote of a majority of the members elected to the Civil Service Commission amend or change any rules promulgated by the Chiefs of the respective departments and issue any order to the Chiefs or Acting Chiefs of the Police and Fire Departments, when meeting in session and when the votes of each commissioner has been recorded on the minutes. Such order shall not take effect until a written copy of same has been filed with the Chief of the Department to which it refers. The Civil Service Commission may delegate to the chairman of same such authority as it may see fit, provided that at least three members of said commission vote in favor of such delegation, which authority may be revoked at anytime in the same manner. Any order issued by the Chairman of the Commission may be rescinded by a majority vote of the commission, in a meeting which may be called by any member of the commission by filing a notice thereof with the secretary of the said commission at least twelve (12) hours before the time for said meeting, and the secretary of said commission shall give notice in writing to each member of the commission in the City of Augusta. The members of the commission and the Mayor shall have access to the minutes of said commission. Powers of commission.

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Sec. 8 (d). Be it further enacted by the authority aforesaid, that all orders to subordinates of both the Police and Fire Departments shall come direct from their superior officers. Superior Officers does not include said Civil Service Commission, or Commissioners, but specifically excludes said commission and/or commissioners from giving any orders whatsoever to any officer or employee in either of said departments, except as provided in section 8 (c) hereof. Orders. Sec. 9. Be it further enacted by the authority aforesaid, that in any investigation conducted by the commission it shall have the power to subpoena and require the attendance of witness or witnesses and the production thereby of books and papers pertinent to the investigation and to administer oath to such witness or witnesses and to punish for contempt the non-appearance of witnesses or the failure to produce such books or papers, or misbehavior of any person or persons during such investigations or trials by fine of not exceeding fifty dollars or imprisonment in the city stockade not exceeding ten days. Attendance of witnesses. Sec. 10. Be it further enacted by the authority aforesaid, that immediately upon the approval of this Act all equipment of every nature now in the possession of the Police Department and/or Fire Department, and/or Civil Service Commission, and/or any individual of said departments, of the City of Augusta, shall be turned over to the City Council of Augusta, and receipted therefor by said City Council of Augusta, then the City Council of Augusta shall turn back all equipment to the Civil Service Commission, who shall be accountable to the City Council of Augusta for the same, and the Civil Service Commission shall then turn all equipment of the respective departments to the Chief, or Acting Chief, of the Police and Fire Departments, and the head of said Departments shall be responsible to the Civil Service Commission for the same, and hereafter all equipment shall be furnished to the Fire Department, and/or Police Department, and/or Board of Civil Service Commission by City Council of Augusta in its discretion. Equipment.

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Sec. 11. Be it further enacted by authority aforesaid, that the Civil Service Commission shall have and maintain its office at the Police Headquarters, and/or Fire Headquarters, in its discretion; where all meetings shall be held, and which office or offices shall be furnished and kept equipped by said City Council of Augusta in its discretion. Office. Sec. 12. Be it further enacted by authority aforesaid, that the medical officer for the examination of firemen and/or policemen be appointed by the commission; that the examination report of said physician be turned over only to the Chief of Police and/or Chief of the Fire Department respectively, and these officers shall have the right to make such notations thereon as they may deem for the good of the service, and also the right to request a re-examination of any applicant by a physician that such Chiefs shall select for such examination, and it is hereby required that all future applicants for either of said departments in standing said medical examination shall in said examination pass and show a negative Wasserman test, and no applicant shall be admitted to examination whose rating in the medical or physical test is either doubtful, unsound or bad. Examination by medical officer. Sec. 13. Be it further enacted by the authority aforesaid, that the rules and regulations promulgated and established by the Chief of the Police and/or rules and regulations promulgated and established by the Chief of the Fire Department, which shall be done at least annually, shall be published in booklet form and each employee of the respective departments furnished therewith, the cost of the same to be paid by the City Council of Augusta. Publication of rules. Sec. 14. Be it further enacted by the authority aforesaid, that each of the Civil Service Commissioners of the City of Augusta shall be paid a salary of twenty-five dollars ($25.00) per month, and shall not receive any other remuneration whatsoever in their office as such commissioner. Salary of commissioner. Sec. 15. Be it further enacted by the authority aforesaid, that it shall be unlawful for any member of the Civil Service Commission to violate this Act, or any section hereof, and

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any commissioner shall be subject to trial and expulsion from said commission for violation of this Act or any section thereof, and/or any misfeasance, or malfeasance in office, or for the commission of crime or misdemeanor, by the City Council of Augusta, upon two-third vote of the qualified members of City Council, qualified to try such member of the commission on trial; the Mayor, or Acting Mayor, or Mayor Pro Tempore, if qualified as a trier, shall be entitled to vote. Provided, however, before said commissioner may be expelled or dismissed by City Council of Augusta, he shall have formal and specific charges preferred against him in writing under oath, setting forth plainly and distinctly the charges preferred against said commissioner, which charges shall first be presented to City Council of Augusta, whose duty it shall then be to set a date for trial of said commissioner, the date of said trial to be set not later than twenty (20) days after charges are preferred; said commissioner shall have a copy of said charges preferred against him, which the Clerk of Council shall deliver to the City Sheriff, who in turn shall serve same upon said commissioner not less than ten (10) days before date of said trial. The City Sheriff shall make returns to the Clerk of Council setting out his acts and doings. The Clerk of Council shall issue subpoenas for witnesses to attend said trial, and it shall be the duty of the City Sheriff or his deputy to serve all such subpoenas, and it shall also be the duty of the City Sheriff to furnish such commissioner at least five (5) days before said trial with a list of the witnesses upon whose testimony said charges are preferred. Said commissioner so accused shall file any written defense he so desires to the charges preferred, which shall make the issue in said matter and upon which same will proceed to trial, provided, however, after the defense is filed said commissioner or the City Council of Augusta shall have the same right to continuances on the same grounds as now allowed in the Superior Courts of this State. The Mayor, the Mayor Pro Tempore, or Acting Mayor, shall preside at all such trials and, with the advice of the City Attorney, or Assistant City Attorney, as the case may be, shall determine and decide all questions of

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pleadings and the admissibility of evidence. All trials shall be stenographically reported. Each member of City Council sitting in said trial shall be put on his voir dire as in the Superior Courts of this State, and shall be disqualified for the same reasons that jurors are in the Superior Courts of this State. Witnesses, including documentary evidence, that may be furnished by any witness, shall be subpoenaed by any of the parties at interest upon furnishing a list of said witnesses to the Clerk of Council, and any witness duly subpoenaed who fails or refuses to appear and testify shall be subject to the same penalties as allowed in the Superior Courts of this State. The trial shall be in open session of Council for this purpose and the vote shall be by acclamation in open session. A copy of the proceedings and findings of said trial shall be filed in the office of the Clerk of Council of the City Council of Augusta. A list of all witnesses subpoenaed shall be kept in an open record, as a public record, by the Clerk of Council. Trial of commissioner. Sec. 16. Be it further enacted by the authority aforesaid, that no officer or employee of either of said departments shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or political purpose whatever. No person in either of said departments shall orally or by letter solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or purpose whatever from any person employed in either of said departments. Solicitation of contributions, etc., prohibited. Sec. 17. Be it further enacted by the authority aforesaid, that no person holding a position in either of said departments shall take any active part in political management of affairs, or in political campaigns, further than to cast his vote and to express privately his opinion. Political activity. Sec. 18. Be it further enacted by the authority aforesaid, that any person wilfully violating any of the provisions of this Act, shall be punished as for a misdemeanor. Misdemeanor.

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Section B. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed, and said commission shall have no authority to delegate any authority not expressly given it herein, nor shall any delegation of authority be effective unless supported by at least three members of said commission other than to whom delegated. Delegation of authority by commission. Approved March 13, 1935. AUGUSTA MAYOR'S OFFICE ABOLISHED. No. 21. An Act to amend the charter of the City of Augusta so as to abolish the office of Mayor of the City of Augusta; to repeal all laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Augusta is hereby amended by abolishing the office of Mayor of the City of Augusta, and the office of Mayor of the City of Augusta is hereby abolished. Office of mayor abolished. Sec. 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1935. AUGUSTA MAYOR'S OFFICE PROVIDED. No. 22. An Act to amend the charter of the City of Augusta so as to provide for a Mayor of the City of Augusta; to fix the salary of the Mayor of the City of Augusta; to provide for a special election for Mayor of the City of Augusta; to fix the date for the holding of said election and to provide

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the rules and regulations thereof; to authorize the City Council of Augusta to provide for a Mayor Pro Tempore to serve from the passage of this Act until said election shall be held; to prescribe the qualifications of candidates for the office of Mayor of the City of Augusta in said election; to repeal all laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Augusta, known under the corporate name of the City Council of Augusta, be amended as follows: Section 1. There is hereby created the office of Mayor of the City of Augusta. The term of said office shall be from the day following the date of a special election hereinafter provided for until the first day of January, 1937, or until the election and qualification of a successor to the then incumbent of said office, and after January 1, 1937, the term of office of said Mayor shall be three years, or until the election and qualification of a successor of the incumbent of said office. Office of mayor created. Term. Sec. 2. Except as otherwise provided by this Act, that all laws, ordinances and provisions of the charter of the City Council of Augusta relating or in any wise appertaining to the Mayor or the office of Mayor of the City of Augusta at the time of the abolishment of that office by act of the General Assembly at its 1935 session shall be, and the same are hereby, declared to be applicable and in full force and effect with respect to the office of Mayor created by this Act, and the incumbent thereof in the same way and to the same extent as they were applicable and in effect as to the office abolished as above set forth. Laws, ordinances, etc., applicable to office. Sec. 3. That immediately upon the passage of this Act, the City Council of Augusta shall by a majority vote of its members present and voting at any regular or special meeting thereof elect a Mayor Pro Tempore to serve as Mayor until the special election herein provided shall be held and

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the successful candidate at such election shall have qualified, which said Mayor Pro Tempore shall have all of the rights, duties, prerogatives, and privileges that the Mayor of Augusta had by law before the abolishment of this office by the General Assembly at its 1935 session. Mayor pro tem. The only qualification to hold the position of such Mayor Pro Tempore shall be that the person so elected shall be a qualified voter of the City of Augusta. Any person so elected shall not be disqualified to be a candidate in the special election for Mayor herein provided for, and if elected thereat to hold said office. Sec. 4. As soon as praticable after the passage of this Act, and on a date to be selected by the Clerk of the City Council of Augusta, but not later than thirty-five days thereafter, there shall be held a special election in the City of Augusta to fill the office of Mayor for the term commencing the day after the date of said election and ending January 1, 1937, as provided in section 1 of this Act. Every qualified person desiring to become a candidate at such election shall file, with said clerk, a notice of intention to become a candidate at said election, which notice shall be filed with the said clerk at the City Hall, during the office hours prescribed for him by law, at least fifteen days before the date set for the election. The said clerk shall give the voters of said city at least thirty days notice of said election, which notice shall be by publication in the daily newspapers of said city for five consecutive days, of a statement setting forth the date of said election, and the time within which qualified persons may file their notices of intention to become candidates as immediately above provided. The date of the first publication of said notice shall be at least thirty days prior to the date of said election. Election for mayor. Sec. 5. Qualifications of candidates for the office of Mayor in the special election called for under this Act shall be that they shall not have held the office of Mayor of the City of Augusta for a full term of three years before its

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abolishment by the General Assembly of the State of Georgia at its 1935 session within the period of 1931, 1932, and 1933, inclusive, and their qualifications otherwise shall be the same as those prescribed by law existing before the office of Mayor was abolished as aforesaid. Qualifications. Sec. 6. Be it further enacted, that within five (5) days after the time has expired for filing with the Clerk of the City Council of Augusta, notice of intention of being a candidate for Mayor, any person so filing shall in every case where more than one persons has filed such notice of intention have the privilege and right of submitting, through the office of said clerk, to the Mayor Pro Tempore or Acting Mayor, for each ward in the city a list of a number of names for managers and clerks of the approaching election. The Mayor Pro Tempore or Acting Mayor shall name the managers and clerks of the election, and shall cause their names to be published at least once in each daily newspaper of the City of Augusta at least five (5) days preceding the date of the election. Election managers and clerks. Publication of names. Sec. 7. That the duties placed upon the Clerk of the City Council of Augusta by the provisions of this Act shall be performed by said clerk or by the Deputy Clerk of the City Council of Augusta, and if performed by the Deputy Clerk shall have the same force and effect as if performed by the clerk. Deputy clerk of council. Sec. 8. Be it further enacted, that this election shall be held according to existing laws relating to municipal elections in the City of Augusta, except as herein modified and changed. Sec. 9. Be it further enacted, that hereafter all other special elections in said city to fill vacancies in the office of Mayor shall be held as herein provided, except that in such future election the call for the election shall be ordered by the City Council of Augusta, and not by the General Assembly of the State of Georgia. Special elections. Sec. 10. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 15, 1935.

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AUGUSTA WATER-RENT COLLECTIONS. No. 320. An Act to provide that the City Council of Augusta shall not be authorized to collect, by execution to be enforced against the premises in or upon which the water may be used, sums due the City Council of Augusta for water rents; to provide that said the City Council of Augusta shall not have any lien or liens upon the premises in or upon which water may be used nor against the owner or owners thereof nor against the one that contracts for water for sums due it for water rents, and that all claims of the City Council of Augusta for water rents shall be solely against the person, firm, or corporation that contracts for water; to provide for penalty to users of water without contracting for it; to provide that nothing herein contained shall prevent the attachment of liens for water rent due the City Council of Augusta by suit and judgment to establish liens as provided by law, nor the enforcement thereof by execution; to prohibit requirement of deposit by contractors for water and/or by the owner of the premises where water is furnished, when the average monthly amount of water used, or to be used, shall or does not exceed $1.25 monthly; to repeal an Act of the General Assembly of the State of Georgia approved October 22, 1887, entitled An Act to authorize the City Council of Augusta to collect by execution, to be enforced and to have the same lien upon the premises in or upon which the water may be used, as execution for city taxes, all sums due the city council for water rents, wash-paves, or openings of any king through which water is used, and all sums that may be assessed against each and every improved lot lying on any street through which the pipes of the Augusta waterworks may pass, and for other purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that hereafter the City Council of Augusta shall not be authorized to collect, by execution to be enforced

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against the premises in or upon which the water may be used, sums due the City Council of Augusta for water rents. Execution for water rents. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that hereafter the City Council of Augusta shall not have any lien or liens upon the premises in or upon which water may be used nor against the owner or owners thereof nor against the one that contracts for water for sums due it for water rents and that all claims of the City Council of Augusta for water rents shall be solely against the person, firm or corporation that contracts for water, except the City Council of Augusta shall have claims against the users of water in cases where no contract is made for such water. No lien on premises for water rents. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that hereafter users (whether person, firm or corporation) of water, furnished by the City Council of Augusta, without contract for the use of such water shall be subject to a fine not to exceed $25.00 or imprisonment not to exceed ninety days or both, together with the cost of turning water on and off as a separate fine; such fines and/or imprisonment to be imposed by Recorder's Court of the city of Augusta. And the amount of cost of turning water on and off shall be designated and determined by the City Council of Augusta. Fine or imprisonment. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that nothing herein contained shall prevent the attachment of liens, for water rents due the City Council of Augusta, by suit and judgment to establish liens as provided by law nor the enforcement thereof by execution. Suit for water rent. Sec. 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that neither the City Council of Augusta, nor any of its employees, shall require a deposit by any person contracting for water, and/or by the owner of the premises where water is furnished, when the average monthly amount of water used, or to be used, in any one month, does not exceed $1.25

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monthly as the purchase price of water based upon the current water charges of the City Council of Augusta. No deposit required of user, when. Sec. 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that an Act of the General Assembly of the State of Georgia approved October 22, 1887 entitled An Act to authorize the City Council of Augusta to collect by execution to be enforced and to have the same lien upon the premises in or upon which the water may be used, as executions for city taxes, all sums due the city council for water rents, washpaves or openings of any kind through which water is used, and all sums that may be assessed against each and every improved lot lying on any street through which the pipes of the Augusta waterworks may pass, and for other purposes, be and the same is hereby repealed. Repeal of Act of 1887. Sec. 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that this Act shall not invalidate nor affect execution for water rents due the City Council of Augusta now in existence nor any liens for water rents which have already accrued or attached. Existing executions or liens not affected. Sec. 8. 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 herewith be, and the same are hereby repealed. Approved March 26, 1935. BAXLEY VOTERS QUALIFIED. No. 156. An Act to amend an Act approved August 21, 1911, creating and establishing a charter and incorporating the City of Baxley; and for other purposes. 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 section 6, on page 702 of the Act approved

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August 21, 1911, be and the same is hereby repealed in its entirety. Repeal of section 6 of Act of 1911. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and is hereby enacted in lieu of said repealed section number 6 of said Act aforesaid, approved August 21, 1911, be and it is further enacted, that the following shall be and it is hereby enacted, as follows: That every citizen of said city who is 21 years of age who shall have been a resident of said State for twelve months next preceding said election and six months within the corporate limits of said city, and who have registered according to the laws of said city, shall be qualified to vote in any election held in and for said city for any purpose whatever. Voter's qualifications. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. BLACKSHEAR REGISTRATION OF VOTERS. No. 254. An Act amending An Act to amend an Act entitled `An Act to create and incorporate the City of Blackshear in the County of Pierce, and grant a charter to that municipality under that corporate name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation, to authorize said city to issue bonds and other evidences of debt for public purposes; to declare and define the police powers of said city; and to provide for other matters of municipal regulation, concern and welfare, and for other purposes, approved August 15, 1911,' said amending act approved July 27, 1923, providing for the permanent registration of voters in said city; and for other purposes.

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Be it enacted by the General Assembly of Georgia, that the Act approved July 27, 1923, providing for the registration of voters in the City of Blackshear, Pierce County, amending the act approved August 15, 1911, be, and the same is hereby amended as follows: Section 1. By striking all of section 1 of said Act and inserting in lieu thereof the following: Section 1. That immediately after the passage of this Act, the Mayor and Alderman of the City of Blackshear shall provide for any and all elections which may be held in said City of Blackshear at any time hereafter, by providing a book to be called the permanent registration book, upon which all persons desiring to qualify as electors in and for said City of Blackshear shall be required to qualify by registering therein. It shall not be necessary for the voters of said city to register annually or more than once in said permanent registration book, but the list of voters for all elections hereafter held in said City of Blackshear shall be prepared from said permanent registration book, which list shall be made in accordance with all other requirements of law for the qualification of voters in said City of Blackshear. In the making of such list for any and all elections, under such ordinances, rules and regulations as the mayor and alderman may prescribe, all voters whose names appear on said permanent registration book, who have died, ceased to be residents of said city, or who are otherwise disqualified to vote, shall be omitted. The Mayor and Alderman of said City of Blackshear shall have full power and authority to make all necessary ordinances for the carrying out of the purposes of this Act. Permanent registration of voters. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935.

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BLACKSHEAR TAX-ASSESSMENTS, ETC. NO. 29. An Act to amend an Act to provide and establish a charter for the City of Blackshear, County of Pierce, State of Georgia, approved the 15th day of August, 1911, as subsequently amended by the various amendatory acts thereto so as to provide for the return and assessment of property subject to taxation in said city; and to provide for a Board of Tax Assessors for said city; and to provide for arbitration of disputes as to the value of property for tax purposes between the taxpayer and the Board of Tax Assessors in said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the charter of the City of Blackshear established by the Act of the General Assembly approved on the 15th day of August, 1911; as amended by Act approved the 14th day of August, 1914, and other amendatory Acts, be and the same is hereby amended as follows: Acts amended. Section 1. It shall be the duty of the City Council of Blackshear during the month of January of each year to determine whether the city council itself shall act as a board of tax assessors for the current year or whether a board of tax assessors shall be named by the city council for the purposes of passing upon and equalizing the assessment of all real and personal property in the City of Blackshear for the purpose of taxation for the current year. A resolution shall be passed and duly entered upon the minutes of the city council during the said month in each year setting forth whether the council itself will act as assessors or will appoint a board of tax assessors. Tax assessors, authority of council as to. Sec. 2. In the event the said city council shall determine in any year to appoint a board of tax assessors to pass upon and equalize the tax valuations for that year, the said board shall be composed of three members. Each of the said members shall be at least twenty-five years of age at the time of election to said board and each of said members shall be a

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tax payer in the City of Blackshear and shall be the holder and owner of real estate in an amount of not less than $1,000.00 according to assessed value thereof for taxation in the city for the year previous to his election, situated in the City of Blackshear and subject to taxation in the said city. Each of said members shall have resided in the City of Blackshear not less than two years prior to election. No person shall be eligible to hold the office of tax assessor who at the time of his election or at any time during his incumbency shall be elected to, hold or accept any other public office of the State, County, or the City of Blackshear. The said board of tax assessors shall be selected by the city council from persons qualified as above set forth at some regular meeting in January of each year, and shall hold office until the end of said year. Any vacancy on said board after said election, either by reason of death, resignation, removal from the city, or election to, or acceptance of, some other state, county or municipal office, shall be filled by the city council at their next regular meeting after such vacancy has been brought to their attention, or as soon thereafter as convenient. Board of assessors. Before entering upon the discharge of their duties the said board of tax assessors shall, before the mayor, or in his absence or disability before the city clerk, or before some other person authorized to administer oaths, subscribe to the following oath, to wit: We do solemnly swear that we will faithfully and impartially perform the duties of the office of tax assessor for the City of Blackshear without favor to any one, and will make a just and fair valuation of all property therein subject to taxation, in accordance with the law, and with the ordinances of said city, and that we will make a just and earnest effort to apply to same rules as to value to all tax payers, and to equalize the values placed upon the properties of the several tax payers, so help us God. This oath shall be signed by each of the members of said board, and shall be recorded upon the minutes of the City Council of the City of Blackshear. Said three persons shall constitute the board of tax assessors, and they shall designate one of their number to act as chairman. Oath.

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Said board of assessors shall receive such compensation as may be provided by the city council by proper resolution. Compensation. Sec. 3. It shall be the duty of said tax assessors to scrutinize carefully all returns of both real and personal property of each tax payer in the City of Blackshear, and if in the opinion of the board any tax payer has omitted from his returns any property that should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deemed to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall also be the duty of such member of the board to familiarize himself with the properties included in such return, and if necessary in order to familiarize themselves with such property, the board, or any member thereof who does not know said property, shall view the property himself. It shall be the duty of said board to see that all taxable property within the limits of said city is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between the individual tax payers are fairly and justly equalized so that each tax payer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said City of Blackshear within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the tax payer shall stand approved as the proper return of said tax payer for that year. Whenever there is a difference of opinion among the members of said board as to the valuation of any property, or the correctness or accuracy of any return, the decision of the majority of said board shall constitute the decision of the board. Duties.

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Sec. 4. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force in said municipality of Blackshear to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by the city council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property and the same rights as to hearings and arbitration accorded each owner as is provided in this Act in cases where the board of assessors changes a return submitted by a tax payer. Penalty. Notice to property owner. Sec. 5. In all cases where a change is made by the board of tax assessors in the return of the tax payer, the board shall notify the tax payer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the tax payer of the time, place, and hour when a hearing will be accorded by the board. This notice shall be served upon the tax payer at least five days prior to the date set for said hearing. In cases of non-residents, notice shall be served by mailing same to his last known address ten days prior to the hearing, and the posting of such letter properly stamped in the Post Office shall be sufficient service. On the date and at the time set by said notice, unless said hearing is continued by the board and notice is served in writing upon the tax payer as to said continuance, and the date to which continued, the said board shall meet and hear any complaint from the tax payer as to the changes made in the return. The valuations placed upon all items of property in said return by the tax payer which are not increased or changed by the said board in the first instance shall be considered as approved by the said board as correct, and said valuations shall after approval by the board without change by them, be finally fixed by such approval as the true and correct valuation of all such items for the year in which the return is made. If, upon the hearing accorded to the tax payer as to those items which are changed by the board, and the consideration of

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the matter, the board does not assess a valuation upon the items changed which is satisfactory to the tax payer, the latter shall have the right to file with the city council of Blackshear a written request that the valuation placed upon the items changed by the board of tax assessors from the original return thereof be reviewed by the city council and a true and correct valuation be fixed by the city council. Such written notice shall be filed with the City Clerk of Blackshear within five days after the decision on the hearing is rendered by the board, and shall set forth those items in the tax returns changed by the tax assessors to which the tax payer objects. The city council shall at its next regular meeting after said notice is duly filed with the city clerk, hear and consider the complaint of the tax payer, or else continue the said hearing to a stated time, giving the tax payer due notice of the time when his objections will be heard. The city council shall have full and complete power to investigate the valuations placed on the items objected to by the tax payer by the board of tax assessors, and in so doing may cause a committee from the city council to make personal inspection of the items of property on which the valuation is disputed and to confer with the tax payer in an effort to reach a true valuation thereof. Upon the hearing, the city council shall have full power to review the assessment placed on the items objected to by the tax payer and to ascertain and determine the fair market value that should be placed on such items. Only those items which are in the appeal may be reviewed and changed by the city council. Complaint of tax payer. Sec. 6. In all cases where the tax payer is dissatisfied with the valuations placed upon the items of property upon which a hearing has been granted to him as above set forth, the right to finally determine the fair market value of such property by arbitration shall be granted. Any tax payer desiring arbitration in said matters shall within five days from the time that the valuation is placed upon the property by the city council after appeal to them shall file with the City Clerk of Blackshear a written notice setting forth his dissatisfaction with the valuations placed on the property,

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naming the items upon which arbitration is desired, and shall at the same time name a resident and free-holder of the City of Blackshear as an arbitrator. As early as possible, and not later than the next regular meeting thereafter, the city council shall name a resident and free-holder in the City of Blackshear as an arbitrator. The two arbitrators so named shall select a third resident and free-holder of the City of Blackshear, and the three arbitrators thus selected shall fix the valuation of those items of property upon which the tax payer has demanded arbitration. The decision of two of the arbitrators shall be binding and said decision shall be final. Arbitration. Before entering upon the hearing of the matter, the said arbitrators shall take an oath before the City Clerk of Blackshear that they will faithfully and impartially make a true and just assessment of the tax returns and property in question, and will determine the matters submitted to them according to law and the justice and equity of the case. Oath. The said arbitrators shall give both the City of Blackshear, and the dissatisfied tax payer notice as to the time and place when the matter will be heard and afford them an opportunity to appear and be heard before making final decision. The compensation of said arbitrators shall be the sum of three dollars each, which shall be borne equally by the tax payer and the city. Compensation of arbitrators. Sec. 7. In the event that the City Council of Blackshear shall in any year decide to act as the board of tax assessors and not to appoint tax assessors as provided in this Act, then the said city council shall itself constitute the board of tax assessors. The said board shall have the same powers, and the decisions of the said city council acting as tax assessors shall have the same force and effect as would the decisions of the board of tax assessors as provided in this Act. All rights and privileges granted to the tax payer as to a hearing before the city council if a change is made in the tax return, and thereafter as to arbitration, shall apply and

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be in force when the city council are themselves the board of tax assessors. In all cases where the city council are themselves the board of tax assessors, the tax payer shall be given the notice provided by this Act when a change is made in the return and shall be afforded an opportunity to appear and be heard by the city council upon those items which have been changed. Those items of the tax return in which no change has been made as to the valuation placed thereon by the tax payer shall be binding upon both the tax payer and the city council. The city council shall review its acts in making the changes in the tax returns after hearing from the tax payer, and then assess the property as provided in this Act. The tax payer shall have the right thereafter to have an arbitration upon the question of the valuations placed upon the items of the return which are disputed under the same terms and conditions as set forth in this Act in cases of appeal to the city council from a duly appointed board of tax assessors. Assessment by council. Sec. 8. In all cases where the board of tax assessors shall be appointed by the City Council of Blackshear, the said board shall not pass upon and assess the properties belonging to the members of said board, but the city council shall itself pass upon and determine the valuations of the properties owned by each member of the board of tax assessors. Each member of the said board of tax assessors shall have the same right to a hearing before the council as to changes made in his assessment and the same right to arbitration thereafter as any other tax payer of the city. In all cases where the City Council of Blackshear are themselves acting as tax assessors, each member of the city council shall retire from the meeting and from the room at the time his own tax return is passed upon by the other members of the city council. If any changes are made in his return, he shall have the same rights as any other tax payer to a hearing before the body and thereafter to an arbitration as provided for other tax payers in this Act. Assessment of board members. Assessment of council members. Sec. 9. If any rule is adopted by any board of tax assessors or by the city council at any time acting as board of tax

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assessors, as to the method of reaching valuations of the property in the City of Blackshear, the same shall be applied to all the tax payers of the city and shall be taken into consideration by arbitrators if any should be appointed. If the assessments should at any time be made upon any fixed percentage of the value of properties which may be determined and adopted as a fair percentage of actual values upon which to base determination of fair market value, then the same percentage shall be applied to all tax payers by the board and by any arbitrators appointed in pursuance of this Act. It shall be the duty of the tax assessors themselves, the city council upon appeal, and of arbitrators when arbitration is had, to investigate not only the fair market value of the properties before them, but also its value in respect to valuations accepted on other properties in said city, always seeking to secure equality for the tax payer with other tax payers. Equalization of assessments. Sec. 10. All the provisions of this Act shall take effect from and after January 1st of the year next following the approval of this Act. The right to arbitrate as to valuations placed upon any items wherever the city council acting as tax assessors or a board of assessors named by the city council shall have changed the valuations contained in the original return of the tax payer, shall be granted from and after the passage and approval of this bill for the remainder of the year, and until all of the provisions of the bill shall have taken force and effect as above provided. In all cases where there is a dispute pending between any tax payer and the City Council of Blackshear or the board of tax assessors named by the said city council at the time of the passage and approval of this Act, whether the said dispute originated during this year or the previous year, the tax payer shall have the right within thirty days after the approval of this Act, to file with the City Clerk of Blackshear a written request for arbitration as to those items in the return which have been changed by the board of assessors, and as to which the tax payer is dissatisfied. The said items shall be set forth in the written request for arbitration and only those items named in the written request shall be submitted to

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the arbitrators. The tax payer shall name at the time his request is filed an arbitrator qualified under the terms of this Act, and the city council shall as provided by this Act, name an arbitrator qualified under this Act. The arbitration shall proceed as provided in this Act. In all cases where a dispute shall arise during the remainder of the present year as to valuations placed upon property by the city council or the board of tax assessors appointed by the city council, the dissatisfied tax payer shall have thirty days from the time the valuation is finally placed upon his property within which to file a written request for arbitration as to the items of which he is dissatisfied. The arbitrators shall be appointed and the arbitration held as provided in this Act. Only those items in dispute shall be submitted to the arbitrators. Effective when. Arbitration. Sec. 11. All Acts and parts of Acts with reference to the City of Blackshear and all provisions contained in the city charter of Blackshear which are contrary to the provisions of this Act, and which are superseded by the provisions of this Act are hereby repealed. Sections 1, 2, 3 and 4 of the amendment to the city charter of Blackshear adopted August 14, 1914, are specifically repealed. Repeal. Sec. 12. If any part or portion of this Act shall be declared unconstitutional or of no effect for any reason, and the remaining portion thereof can be put in force and effect, then the remaining portion shall take force and effect without the illegal provision. Invalidity of part of Act, not affect other part. Approved February 23, 1935. BLUE RIDGE NEW CHARTER. NO. 279. An Act to amend, consolidate and supersede the several Acts incorporating the City of Blue Ridge, in the County of Fannin, State of Georgia, and all amendments in respect thereto; to create a new charter and municipal government for said corporation; to provide for the election

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of the Mayor and Councilmen of said city biennially; to provide for a system of registration of voters of said city; to declare the rights and powers of the same, and to provide that said City of Blue Ridge shall have power and authority to own, maintain, conduct and operate a municipal golf course within the corporate limits of said City of Blue Ridge; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Blue Ridge, located in the County of Fannin, State of Georgia, be, and are hereby incorporated under the name and style of the City of Blue Ridge, and the said City of Blue Ridge is hereby chartered and made a city under the corporate name of the City of Blue Ridge, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to said City of Blue Ridge, shall be, and are, hereby vested in said City of Blue Ridge, as created by this Act; and the said City of Blue Ridge, as created by this Act, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen, such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business, and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the laws of the United States. And the said City of Blue Ridge shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatsoever kinds, and within or without the limits of said city,

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for corporate purposes said City of Blue Ridge, created by this Act, shall succeed to all rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities, and undertakings of said City of Blue Ridge, and its mayor and councilmen, as a body corporate, as heretofore incorporated. Corporate powers. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of the said City of Blue Ridge shall embrace a rectangular parallelogram two miles long and one mile wide, and the beginning point of the survey is found by intersecting the present center lines of the Louisville Nashville Railroad main tract and the main hallway of Fannin County Court House, and measuring northeast-wardly along the center line of said main track a distance of one mile to a point on said center line of said main track; then beginning at the point so found, as described above, and turning a right angle from said main track center line and running south sixty degrees east (S. 60 degrees E.) a distance of one-half mile; thence south thirty degrees west (S. 30 degrees W.) and parallel to said center line of main track tangent north of the Louisville Nashville Railroad depot, a distance of two miles; thence north sixty degrees west (N. 60 degrees W.) a distance of one mile; thence north thirty degrees east (N. 30 degrees E.) a distance of two miles, and thence south sixty degrees east (S. 60 degrees E.) a distance of one-half mile, to the beginning point, containing two square miles, or one thousand two hundred eighty acres (1,280 acres). Corporate limits. Sec. 3. Be it further enacted, that the municipal government of the City of Blue Ridge shall consist of, and be vested in a mayor and five councilmen. That the present mayor and five councilmen of said city, who were elected on the second Saturday in December, 1934, shall continue in office until the first day of January, 1936, or until their successors are elected and qualified, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the Mayor and Council of said City of Blue Ridge, created by this charter, and on the second Saturday in December,

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1935, a mayor and five councilmen shall be elected as provided in the next section of this Act. Mayor and council. Sec. 4. Be it further enacted, that on the second Saturday in December, 1935, there shall be elected for said city, by the qualified voters herein, a mayor and five councilmen, and biennially thereafter on the second Saturday in December a mayor and five councilmen. All elections for mayor and councilmen under this charter shall be by general tickets. The term of office of the mayor and councilmen elected under the provisions of this charter shall be two years, commencing on the first day of January, 1936, next, after their election, unless said day shall fall upon Sunday, then and in that event, on the following day and until their successors are elected, or appointed and qualified. On the first day of January after their election, unless it shall happen to Sunday, then and in that event, on the following day, the mayor and councilmen-elect shall meet at the court house or other usual places of holding council meetings in said city, and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office; to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Blue Ridge for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favour; so help me God. Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in case of vacancies in the council, and by the councilmen in case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies. Election of mayor and councilmen; terms of office. Oath. Meetings.

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Sec. 5. Be it further enacted, that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive 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 above provided. Failure to qualify. Sec. 6. Be it further enacted, that all elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Blue Ridge, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; or by three freeholders, all of whom shall be citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribe before some justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All elections shall be held at the county court house in said city, and the voting shall be by ballot. The polls shall be opened at 8 o'clock a. m., and close at 6 o'clock p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the pay of the managers, and of any clerks that may be necessary for the holding of the election. Election managers. Sec. 7. Be it further enacted, that the said managers shall certify two lists of voters and two tally sheets, and shall place one list of voters and one tally sheet in the ballot boxes with the ballots and seal the same, and shall forthwith deliver the same to the ordinary of Fannin County,

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or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. If the result of any election held in said city is contested, notice of said contest shall be filed with the ordinary of Fannin County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary, of ten dollars; the said ordinary shall, within two days after he received the same, cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected; of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff, or his deputy, two dollars in advance for service of notice of contest. Said notice of contest shall set out therein plainly and distinctly the grounds upon which said result of election is contested; contestee may set up any cross grounds of contest. The contest shall be heard at the court house. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Voters' lists. Election returns. Contest of election. Sec. 8. Be it further enacted, that the mayor and councilmen at their meeting on the first day of January, 1936, and biennially thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem.

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Sec. 9. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in said city one month prior to the election at which they offer to vote, and shall have registered as shall be required by registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualifications of voter. Sec. 10. Be it further enacted, that no person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Sec. 11. Be it further enacted, that at the meeting of the mayor and councilmen on the first day of January, 1936, and biennially thereafter, the mayor and councilmen shall elect a city clerk and treasurer, marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and councilmen shall be necessary; city attorney, and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths, perform such duties, and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Blue Ridge. Said mayor and councilmen shall have power and authority to suspend and remove said officers, in their discretion; 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 increased during the term of office of the said mayor and councilmen or officer. All expenditures of the mayor and councilmen shall be paid out of the city funds by an order drawn by the city clerk, countersigned by the mayor, or, in his absence, by the mayor pro tem., after the mayor and councilmen have allowed and audited the same. Officers, election of. Oath, bond. Compensation. Expenditures.

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Sec. 12. Be it enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body, and a majority of the votes cast shall determine questions before them; provided, that every question so determined, or ordinance passed, shall receive not less than three votes. On all questions before the said council, the mayor, or the mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. He shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on a yea and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his vote of any measure passed by that body, with the reasons for withholding his assent, within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Quorum. Veto. Sec. 13. Be it further enacted, that the mayor of said city shall be the chief executive officer of Blue Ridge. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced; and that all of the officers of said city faithfully discharged the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the mayor and councilmen. He shall have the power to convene the council in special, called or extra sessions whenever in his judgment it becomes necessary. Mayor. Sec. 14. Be it further enacted, that the mayor, or, in his absence or disqualification the mayor pro tem., or in case of the absence or disqualification of both the mayor and mayor pro tem., any councilman of the city may hold and preside over a court in said City of Blue Ridge, to be called the police court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and

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papers to be used as evidence, and punish for contempt. Said court shall have power to punish all violations of the charter or ordinances of the city by fine not to exceed one hundred dollars, imprisonment in the city prison or the county jail, having previously arranged with the county authorities, not to exceed fifty days, and to work on the streets in the city chain-gang, or such other public places as the mayor or acting mayor may direct, not to exceed three months; any one or more of these punishments may be inflicted by the mayor, or acting mayor, in his discretion, and the fines imposed may be collected by execution. Police court. Punishments. Sec. 15. Be it further enacted, that the mayor, or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case, and commit the offender, or offenders, to jail, or bail them if the offense is bailable by a justice of the peace under the laws of the State, to appear before the Superior Court of Fannin County. Commitment for State offense. Sec. 16. Be it further enacted, that the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal, or policeman, of said city to summons any, or all bystanders to aid in the arrest of any person, or persons, violating any ordinance of said city, or any law of this State, and to provide a punishment for any person, or persons, failing or refusing to obey such summons. Arrests. Sec. 17. Be it further enacted, that it shall be lawful for the marshal, or any policeman, of said city to arrest without warrant any person, or persons, within the corporate limits of said city, who, at the time of said arrest, or before that time have been guilty of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Fannin County, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as

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sheriffs of this State to execute warrants placed in their hands charging any person, or persons, with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Blue Ridge; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshall and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal, or any policeman, may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, or mayor pro tem. Sec. 18. Be it further enacted, that the mayor and councilmen of the City of Blue Ridge shall have power to organize one or more chain-gangs, or work gangs, and confine therein persons who have been sentenced by the police court of the City of Blue Ridge, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Chain-gang, etc. Sec. 19. Be it further enacted, that the mayor or mayor pro tem., when any person, or persons, are arraigned before the mayor's, or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, and the accused fail to appear at the time fixed for the trial, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two

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days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor, shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be, by order of the officer presiding, declared forfeited to the City of Blue Ridge. Appearance bond. Cash in lieu of bond. Sec. 20. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant pays the accrued cost in the case and gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall, as early thereafter as practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have the right to certiorari to the Superior Court of Fannin County; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if the fine is imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the Superior Court, to file the usual pauper affidavit in lieu of either giving of bond and security and the payment of the cost; and provided, further, the applicant failing to give the bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceeding directly

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to the Superior Court in all cases when certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Appeal to council. Sec. 21. Be it further enacted, that said mayor and councilmen may, at any time after the passage of this Act, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax assessors, whose terms of office shall be two years. Said city tax assessors may, at any time, be removed from their office by the mayor and councilmen for good and sufficient cause, to be judged by mayor and councilmen, and all vacancies occurring from any cause may be filled by the said mayor and councilmen at any time; and it shall be the duty of said tax assessors to assess the value of real estate in said city for the purposes of taxation by said city, and it shall be their duty to examine tax returns placed before them by the clerk of said city who shall receive the same, and increase the valuation of personal property thereon when, in their judgment, the value placed thereon by the tax payer is too small. The mayor and councilmen shall have power to prescribe rules for the government of said city tax assessors. Said assessors shall make returns of the assessments made by them to said mayor and councilmen each year, thirty days before the time for collecting taxes. When said return is made, said mayor and councilmen shall appoint a time and place for hearing objections to the assessments, said objections to be heard by said mayor and councilmen, of which public notice shall be given as may be prescribed by ordinances, and the clerk of said city shall give each owner of property whose tax returns of personalty have been increased, at least five days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, notice to such agent shall be sufficient. If the owner is not a resident of said city, and has no agent residing therein, the mayor and councilmen shall prescribe by ordinance what notice, if any, shall be given. Said mayor and councilmen shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double-taxing defaulters.

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The city assessors shall take such oaths and receive such compensation as the mayor and councilmen may prescribe. Such city tax assessors shall have the power to require said tax payers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors of real estate, shall become final if no objection is made on or before the time set for hearing objections by the said mayor and councilmen, notice, such as the mayor and councilmen may by ordinance, prescribe, having been given of such hearing; and if objections are made at the said hearing to any assessment, the decision of said mayor and councilmen, on the hearing of subjects, may increase or decrease the assessment as made by the assessor. Tax assessors. Sec. 22. Be it further enacted, that in case any property which is subject to taxation was not assessed, if realty, by the assessors, or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected in any year past, the city tax assessors may at any time assess said property for said year or years, and double tax it if there has been a failure to return it as required by law, and if the mayor and councilmen have provided for double-taxing of defaulters, an execution shall then issue therefor, as in other cases, at the rate for the several years in which no taxes were paid. This section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was nor returned for taxation and taxes collected thereon, as well as to property which in future may be omitted from any cause from return or assessment, and the collection of taxes thereon omitted in any year. The mayor and councilmen may provide by ordinance for notice to parties whose property has been, or may be assessed for back taxes, and the hearing of any complaint. All assessments referred to in this section shall be made by the city tax assessors. Double tax for defaulters.

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Sec. 23. Be it further enacted, that the mayor and councilmen shall have the right and authority to provide by ordinance when the taxes of said city shall fall due, and in what length of time said taxes may be paid; when tax execution shall be issued against all persons who have not paid their taxes by the time fixed by ordinance and fix a penalty for the non-payment of taxes when due. Time of paying tax. Sec. 24. Be it further enacted, that the mayor and councilmen of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into streets or sidewalks in said city; to regulate or prohibit (except as such power may be restricted by any existing general laws) the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph, telephone poles, horse troughs, racks, and for carrying banners, hand bills and play cards and advertising on the streets and sidewalks, and public places of said city. Also to compel any telegraph, telephone and electric company having previously erected poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telephone, telegraph and electric company shall fail to remove same within thirty days after having been duly notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal by execution. Power as to streets, etc. Sec. 25. Be it further enacted, that the mayor and councilmen of said City of Blue Ridge shall have full power and authority to require the railroad, or railroads running through said city, or any portion of it, to make and repair such crossings on their several roads whenever and in such manner said mayor and councilmen may deem necessary; to place or repair such crossings, or open up and keep open any and all streets in said city; and the mayor and councilmen may pass any ordinance needful for carrying out the provisions of this section; and in case railroads, as aforesaid, shall fail or refuse to make such crossings within five days, or to repair same within twenty-four hours after having been notified to do so by said city, the mayor and councilmen shall have power to create and make same across such railroads

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and repair same at the expense of said railroad, and may issue an execution therefor, and levy and collect the same as provided in the case of tax execution. Railroads. Sec. 26. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naphtha, nitro-glycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or other combustible or explosive substance or material, within the limits of said city; and to regulate the use of lights in stables and shops or other places, or building bonfires; to regulate or prevent the sale of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Inspection of boilers, storage of powder, etc. Sec. 27. Be it further enacted, that the said mayor and councilmen shall have full power and authority to require any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation, or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, vocation or profession annually, and to require said person, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies, or corporations, required by ordinance to pay said taxes, or take out said license for same, who engage in, or attempt to engage in, such business, profession, or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Registration and license of business. Sec. 28. Be it further enacted, that said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, tenpin alleys, and all tables kept and used

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for the purpose of playing, gaming or renting, all tenpin alleys, ninepin alleys, or alleys of any kind, which are kept for the purpose of playing on, or for the purpose of running the same, and to charge for said license such sum as they may by ordinance prescribe. Licensing games, etc. Sec. 29. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. License for brokers. Sec. 30. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, opera house, drays, hacks used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant lightning rod dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of this State. Also any person running a flying jenny, flying horse, merry-go-round, bicycle or skating rink, and all circuses, side shows, and all other shows and performances exhibiting in said city, and all persons selling goods, wares and merchandise by sample advertisement or retail, and all other business, calling or vocation which, under the Constitution and laws of this State are not exempt from license. License Sec. 31. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent 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 to remain. Also to impound such animal or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe and in addition

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thereto, charge for the keep of any animal or animals so impounded. Also when the owner or owners of such animal, or animals, shall fail or refuse to pay the impounding fee and cost of keeping said animal, or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals, under such rules and regulations as may be prescribed by the mayor and councilmen. Animals running at large. Sec. 32. Be it further enacted, that the mayor and councilmen of said city shall have full and complete control of the streets, sidewalks, alleys and squares in said city, and shall have power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading, or in any way change the street lines and sidewalks of this city, and when the power and authority granted by this section is to be exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent, in the manner provided by sections 5206 to 5235, inclusive, of volume I of the Code of Georgia of 1910, and the Acts amendatory thereof. The mayor and councilmen may abandon such proceedings at any time upon payment of accrued cost. The mayor and councilmen shall have full power and authority to remove, or cause to be removed, any buildings, steps, fence, gate, post or other obstruction or nuisance in the public streets, lanes, alleys, sidewalks or other public places in said city, and to enforce the provisions of this section by appropriate ordinance. Streets, etc. Sec. 33. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority, in their discretion, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public lanes, and alleys of said city. In order to carry into effect the authority above, the said mayor and councilmen shall have power and authority to assess the cost of paving and otherwise improving the sidewalks, including not more than one-third of the necessary curbing on the real

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estate abutting on said sidewalks. Said mayor and councilmen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side drains, cross drains, or otherwise improving the roadway or street proper, on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved; the real estate abutting on the street shall not pay more than two-thirds of the entire cost, in the discretion of the mayor and councilmen, and any street railroad company, or other railroad company, having tracks running through or across the streets of said city, shall be required to pave, macadamize or otherwise improve said streets in such proportion as the mayor and councilmen may prescribe. Said mayor and councilmen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes, for the amounts above set forth, as may be just and proper, estimating the total cost of each improvement made, prorating the cost thereof on the real estate according to its frontage on the street, or portion of street so improved, or according to the area or value of said property, either or all, as may be provided and determined by ordinance. That the amount of assessment on each piece of real estate shall be a lien on said real estate from date of the passage of the ordinance providing for the work and making the assessment. The mayor and councilmen shall have full power and authority to enforce collection for the amount of any assessment so made for work, either upon streets or sidewalks, by execution issued by the city clerk against real estate so assessed, for the amount against the owner at the date of ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings, as in the case of other sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said marshal 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

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denying 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 admitted to be due, with all cost, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Fannin County, and tried, and the issue determined, as in cases of illegality, subject to penalties provided in case of illegality filed for delay. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad company, or other property holder or occupant of the street the option of having the space to be paved by them paved by themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property, and on street railroad or other railroad companies, for street or sidewalk, paving, curbing, macadamizing, grading or draining, shall have rank and priority of payment next in point of dignity to liens for taxes, such lien to date from passage of the ordinance authorizing the execution of the work in each case. Said mayor and councilmen 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, to enforce by execution the cost thereof against the adjacent property owner and all railroad companies, and to provide how agents and owners thereof shall be served with notice by personal service or by publication. Paving, grading, etc. Lien for assessment. Sec. 34. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system, in said city, and around said city, for health, cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains, and public sewers, private waterclosets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations, concerning them in all particulars

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as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in, or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by said mayor and councilmen, or under their direction, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and execution for paving, grading or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage, etc. Sec. 35. Be it further enacted, that in case in sewer or sewers, or parts of same, shall be located upon, or through, private property, and the owners of said property refuse to grant right of way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of an appeal. Same. Sec. 36. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Sec. 37. Be it further enacted, that for the purpose of the preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city,

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and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Sec. 38. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lot owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; and provided the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitary assessments. Sec. 39. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Blue Ridge, the mayor and councilmen of said city shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property in said city or owned or held therein, of not exceeding fifty cents on the hundred dollars, and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may hereafter issue, by said city authorities, and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinances for the returns of all taxable property in said city, and to provide penalties for neglect or refusal to comply with the same. Ad valorem taxes, limit. Tax returns.

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Sec. 40. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Blue Ridge, are hereby extended for police and sanitary purposes, over all the lands that may hereafter be acquired, by said city for waterworks, sewer and electric light purposes, and waterworks or other stations, and adjacent lands, and the pipes and mains of said waterworks system, and they shall have power and authority to provide by ordinances for the protection of the city waterworks and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage; also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating same, wherever found, within or without the limits of said city. Waterworks, etc. Sec. 41. Be it further enacted, that the mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and waterworks system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of sections 5206 to 5235, inclusive, of volume I of the Code of Georgia of 1910, and Acts amendatory thereof. Condemnation of real estate.

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Sec. 42. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water-closets, and the like, in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, whenever they become a nuisance. They shall also have power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located on or near streets where there are such sewers, and under such rules and regulations as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water-closet or urinal on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections, and assess the cost of said connection and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in the Act for enforcement of executions in favor of said city. Sanitary regulations. Sec. 43. Be it further enacted, that the mayor and councilmen of said city shall divide the real estate of said city into what shall be known as sanitary lots, and shall assess, levy and collect from the owner or owners of each of said lots a tax not exceeding one dollar per year from each lot, which shall be known as a sanitary tax, and which shall be in addition to the other taxes in this charter authorized, and which shall be collected as other taxes under this charter are collected, and which shall be used only for the improvement and betterment of the sanitary condition of said city in such manner as they may prescribe. Sanitary tax.

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Sec. 44. Be it further enacted, that the mayor and councilmen of said city may, by ordinance, provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties, as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and report to the mayor and councilmen all nuisances which are likely to endanger the health of the city or the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose Acts or negligence caused said nuisance, or the owner of the property upon which same may be located, as the mayor and councilmen may elect, and execution may issue against said party to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Sec. 45. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots or parts of lots, and cellars, if same should prove a nuisance, or board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots or cellars to the level of the streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse, after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said, mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doing so collected by execution, and the sale under such execution shall pass the title to the property. Nuisances. Sec. 46. Be it further enacted, that said mayor and councilmen may, by ordinance, declare what shall be a

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nuisance in said city, and provide for the abatement of the same. The mayor's court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Sec. 47. Be it further enacted, that the mayor and councilmen of said city shall have power and authority by ordinance or otherwise to authorize the sale of whiskey, brandy, gin, beer, ale, bitters, cider, or any other spirituous liquors of an intoxicating nature within the limits of said City of Blue Ridge, either by wholesale, retail or any other manner or through dispensatories. Liquor sales, regulation of. Sec. 48. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect, to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in said city when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or a place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon a conviction of a person for maintaining a nuisance, as above stated, and as a punishment for same, said mayor and councilmen, shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender, or offenders, as may be prescribed by ordinance. Blind tigers, etc. Sec. 49. Be it further enacted, that said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Blue Ridge, and enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials

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buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove-pipes and flues shall be constructed, to change all things that they may deem necessary to protect said city as far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order changes in the construction and arrangement of chimneys, stovepipes or flues, or the removal thereof, when, in their judgment, the same is dangerous, or likely to become so, and make the owner or occupant of the premises pay the expenses of the change, as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire regulations. Sec. 50. Be it further enacted, that said mayor and councilmen may exercise general supervision over all buildings of every character, within said city, and shall have the right and authority to exercise said supervision by passing and enforcing such ordinances as may be appropriate. Buildings. Sec. 51. Be it further enacted, that said mayor and councilmen shall have the power to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violating any of such quarantine regulations of said city. They shall have power to build or establish a pest house outside of said city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house any person or persons who have smallpox or other contagious diseases when, in their judgment, it is best for the welfare and health of the city. They shall have power to compel

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all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the city, to vaccinate all persons who are unable to procure said vaccination, and may provide by ordinance, punishment for persons failing to be vaccinated. Quarantine. Sec. 52. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping said cemetery in proper condition. Cemeteries. Sec. 53. Be it further enacted, that all ordinances heretofore adopted by the mayor and councilmen of said City of Blue Ridge for said city, and any which are now in force and which are not inconsistent with nor repugnant to this Act, shall remain in full force and effect; provided, that said mayor and councilmen of said city may, at any time, repeal, alter or amend any of said ordinances. All ordinances, resolutions, rules and regulations passed by said mayor and councilmen shall be recorded in a well bound book by the clerk of said city which shall be open to inspection by the public at any and all times, and it shall not be necessary to give any notice to the public of intention to introduce any ordinance, resolution, rule or regulation, either before or after its passage, other than such notice or publication as is given by the recording of the same in the book to be kept as aforesaid by the said city clerk. Power as to ordinances, etc. Sec. 54. Be it further enacted, that the mayor and councilmen of said city shall have power to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city, on such terms and conditions as they may fix; provided, that no such franchise shall be granted for a term of more than twenty years, nor without compensation to said city, to be provided for in said franchise ordinance, which compensation shall be one per cent of the annual gross income received from or on account of said franchise. This compensation

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shall be paid annually, and a failure thus to pay the same shall work a forfeiture of said franchise. Franchises. Sec. 55. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State; and the warrant of the mayor or mayor pro tem. or acting mayor 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 any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests. Sec. 56. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of and business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of officer. Sec. 57. Be it further enacted, that the mayor and councilmen shall have power and authority to establish a fee bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fees of officers. Sec. 58. Be it further enacted, that the mayor and councilmen shall provide for a city prison, which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Fannin County for the use of the common jail of said county for this purpose. City prison.

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Sec. 59. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewd houses, lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Disorderly conduct, etc. Sec. 60. Be it further enacted, that said City of Blue Ridge, created by this Act, shall have power and authority to establish, own, maintain and operate a system of waterworks, electric light plants, gas works and sewerage system, or any of them, for the purpose of supplying its inhabitants and the city, as well as customers generally, within said city and its suburbs, with water, lights, electricity or gas for power purposes, sewerage, or any of them, and the mayor and councilmen of said city shall have the full power and authority to do any and all things necessary for such purposes, to contract with any person for the purchase of land or premises, and water rights, to be used in connection therewith, whether within or without the city, and if necessary, to condemn the same as in this charter provided. Said mayor and councilmen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with same. Public utilities. Sec. 61. Be it further enacted, that the mayor and councilmen of said city shall have power, upon proper and sufficient proof of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice, and any property owner or agent who shall, after notice of the character of the inmates, continue to rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Abatement of lewd houses, gaming houses, etc. Sec. 62. Be it further enacted, that no person shall be allowed to vote in any election held in said City of Blue Ridge, for any purpose, who has not been duly registered as hereinafter provided. Registration of voter.

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Sec. 63. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the city Clerk of the City Council of the City of Blue Ridge, shall be required to keep a book, to be called the Permanent Qualification Book, upon which all persons desiring to qualify as voters shall be required to qualify as now required by the laws of this State, and especially the laws governing the City of Blue Ridge. Such voters, upon qualification, shall sign their names in alphabetical order, and shall be subject to examination by the city board of registrars, in the manner hereinafter provided. Said Permanent Qualification Book shall be in the custody and possession of the City Clerk of the City of Blue Ridge, and shall be available during the office hours of the said city clerk, for any qualified voter or voters who may desire to register at any time. It shall be the duty of the clerk, upon application, in person, and not by proxy, of any citizen who is qualified to vote for members of General Assembly, who has paid all taxes of every character legally imposed and demanded by the authority of the City of Blue Ridge, and who, upon day of the election, if then a resident, will have resided in said City of Blue Ridge for one month prior thereto, to allow such person to register his or her name and color, recording on such permanent registration book, besides the applicant's name, his or her age, and occupation, or business. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, and shall, in every case, before registering the applicant administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in Fannin County six months, and in the City of Blue Ridge one month next preceding this registration, or that by the date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of the election; that you are twenty-one years old; that you have paid all taxes due the City of Blue Ridge, and all taxes required by the laws of the State of Georgia, except taxes for this year, and that you have made all returns required

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of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said Permanent Qualification Book and to require the applicant for registration to swear said oath and sign his name thereto or by someone authorized to do so for him; that such voters who have qualified and have signed the Permanent Qualification Book shall not thereafter be required to register or further qualify except as may be required by the city board of registrars, and such voters shall, in all cases, be entitled to receive the same notice and shall have the same rights as given by law under the provisions of this Act; provided that no person shall remain registered longer than he or she retains the qualification under which he or she registered. Permanent registration of voters. Sec. 64. Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December, 1935, and biennially thereafter, on the same date, after the passage of this Act, unless such voter was registered upon said Permanent Qualification Book on the twentieth day of November of the year in which said election is held. For any intermediate or special elections in said City of Blue Ridge for any purpose, no voter shall be permitted to vote in any intermediate or special elections who has not registered upon said Permanent Qualification Book at least ten days before such special or intermediate elections are held in said city, for any purpose. Sec. 65. Be it further enacted by the authority aforesaid, that on or before the twentieth day of November of the year 1935 and biennially thereafter, on the same date, after the passage of this Act, it shall be the duty of the mayor and council of the City of Blue Ridge, to appoint three competent persons, who shall be qualified voters of said City of Blue Ridge, who shall constitute the board of city registrars for said City of Blue Ridge. Before entering upon his duties, each of the said city registrars shall take the following oath before some officer authorized to administer oaths under the laws of this State; to wit: I do solemnly

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swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as city registrar for the City of Blue Ridge. Said oath shall be filed with the city clerk. On the twenty-first of November, or as soon thereafter as practicable, it shall be the duty of the said city board of registrars to meet at the office of the clerk of the City of Blue Ridge, and at their first meeting they shall elect a chairman of said board, and the city clerk of the City of Blue Ridge, shall be ex-officio clerk of said board of city registrars, and it shall be the duty of said city clerk to furnish to said board of city registrars the Permanent Qualification Book, in which shall appear the names of all persons who have registered upon said Permanent Qualification Book, and it shall also be the duty of the said city clerk at the same time to furnish to said board of registrars a complete list of all persons who are registered upon said Permanent Qualification Book who are tax defaulters or who have not paid all taxes of every character legally imposed and demanded by the authority of the City of Blue Ridge. It shall be the duty of said city registrars to inspect and examine said list carefully, and if it shall appear to them that any person or persons whose names appear upon said Permanent Qualification Book is not a legally qualified voter of the said City of Blue Ridge, it shall be the duty of said registrars to serve notice upon such person that his right to have his or her name remain upon said Permanent Qualification Book is challenged by said board of registrars. Said notice shall be served upon such person or persons who may be challenged, by the city marshal of the City of Blue Ridge, in person, at least three days before the time fixed for the hearing before said board of registrars. Said notice shall be prepared in duplicate, and the said city marshal shall make his entry upon the original notice and serve the copy upon such person challenged. Said notice shall be directed to the person challenged, and shall bear the name of the chairman of the board, and shall be signed by the city clerk, and said notice shall state the place and date and hour when said voter will be heard as to his right to have his or her name appear upon said Permanent Qualification

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Book, and said notice shall state that said board of registrars challenges the right of the name of such person to remain upon said Permanent Qualification Book. If such person challenged shall fail to appear at the time and place fixed in the notice, said registrars shall have the right and power to proceed ex-parte to determine whether or not said person's name shall remain upon said Permanent Qualification Book, but if such person shall appear, he or she shall have the right to submit evidence and to be heard as to his or her right to have his or her name remain upon said Permanent Qualification Book. The action of said city board of registrars in passing and determining as to whose name shall remain upon said Permanent Qualification Book shall be final, and no person shall be permitted to vote in any general or special election except such voters whose names are certified to by said city board of registrars as being the persons whose names appear upon said Permanent Qualification Book as legally qualified voters for said City of Blue Ridge. After said city board of registrars have completed their investigation and all hearings as to such voter or voters challenged, it shall be the duty of said city board of registrars to make up and furnish to the city clerk, a list of the names of such voters whose names are upon the Permanent Qualification Book, and said city clerk, shall, on the morning of any general or special election, before the polls are opened, deliver said certified list received by him from said board of registrars to the managers of said election, along with other election papers, and no person shall be permitted to vote in said general or special election whose name does not appear upon said certified list so furnished by said board of registrars. For any intermediate or special election held in said City of Blue Ridge for any purpose, said board of registrars shall meet within ten days before such special or intermediate election and shall purge said list of the names of any persons whose names appear upon said Permanent Qualification Book, and certify the same to the city clerk, in the same manner as herein provided for purging said list of voters for any general election. In determining as to the names of persons to remain

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upon said Permanent Qualification Book, it shall be the duty of said city board of registrars to examine the books and records of the tax collector of Fannin County, Georgia, and ascertain if any person or persons whose names appear upon said Permanent Qualification Book are not qualified to vote for members of the General Assembly of this State. The compensation to be received by said city board of registrars shall be fixed by the mayor and council. Board of registrars. List of voters. Compensation. Sec. 66. Be it further enacted, that if any board of city registrars, or any member thereof, or any clerk of the said City of Blue Ridge, without any authority of law, shall deprive any qualified voter of said City of Blue Ridge of the right and privilege to vote in any election held in said City of Blue Ridge, or should strike the name of any qualified voter of said City of Blue Ridge from the registration or voters' list, or otherwise deprive any qualified voter of said City of Blue Ridge of the right to participate in any election held in said City of Blue Ridge, such city board of registrars, or any member thereof, or such clerk of said City of Blue Ridge, shall be guilty of a felony and shall be punished by imprisonment and labor in the penitentiary for not less than one year nor longer than five. Voter deprived of right to vote, by registrar or clerk, a felony. Sec. 67. Be it further enacted, that all executions in favor of the City of Blue Ridge, for the enforcement and collection of any fine, forfeiture, assessment, taxes or other claim, demand or debt, shall be issued by the clerk and bear test in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and all and singular the sheriffs and constables of said State, and shall state for what issued and be made returnable to the mayor and councilmen of the City of Blue Ridge at least within ninety days after issuing of the same; and it shall be the duty of the marshal or other collecting officer to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs' sales of real property or constables' sales of personal property are required to be made by law. All of said sales to be

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made at the place and within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriffs' and constables' sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under executions for State and county taxes. Whenever any land 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. Whenever, at any such sales for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Blue Ridge a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and the marshal, or other officer making the sale, shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except by a public sale to the highest bidder, in such manner as may be prescribed by the ordinances of the City of Blue Ridge. The city clerk shall keep an execution docket, and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section, shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Sales under executions. Redemption from tax sale.

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Sec. 68. Be it further enacted, that said mayor and councilmen shall, by ordinance, provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Blue Ridge now of force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Form of accusations, etc. Sec. 69. Be it further enacted, that said mayor and councilmen of the City of Blue Ridge shall have power and authority to acquire, on behalf of the City of Blue Ridge, by gift, purchase, lease 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 power and authority to improve and keep up the same, and to this end may appoint such officers and employees as, in their judgment, may be necessary to carry out the purpose of this section. They shall have the right to draw on the ordinary expense fund of said city for said purpose. Parks. Sec. 70. Be it further enacted, that the mayor and councilmen of the City of Blue Ridge shall have power and authority to adopt and enforce ordinances for said city to protect shade trees on the streets and public places in said city, and to prevent the cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless same is done with the consent and under the direction of said mayor and councilmen, or some officer appointed to direct the same. Trees. Sec. 71. Be it further enacted, that the mayor and councilmen of the City of Blue Ridge may require and compel all male persons between the ages of sixteen and fifty, subject to road duty under the laws of Georgia, to work upon the streets of said city not to exceed fifteen days in each year, at such time or times as the mayor and councilmen may require, or to pay a commutation tax in lieu thereof,

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not exceeding five dollars, in any one year, as said mayor and councilmen may determine by ordinance. 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 to do so, as said mayor and councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the mayor's court of said city, shall be fined in any sum not exceeding ten dollars, or imprisoned in the city prison or by labor on the chain-gang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. The street commutation tax as now fixed by ordinance shall remain of force until changed by ordinance of the mayor and councilmen, and the collection thereof enforced under the provisions of this section. Street work, commutation tax. Sec. 72. Be it further enacted, that the mayor and councilmen of the City of Blue Ridge shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city, and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other Acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations, provided said laws, ordinances, rules and regulations are consistent with the laws of this State. General welfare clauses.

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Sec. 73. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all locomotives, trains, street cars, and all vehicles for transportation of persons and freight; to prevent unnecessary noise from locomotives, steam whistles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes, and penalties and enforce the same for violation thereof. Trains, vehicles, noises, etc. Sec. 74. Be it further enacted, that the mayor and councilmen shall have the power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness, loitering. Sec. 75. Be it further enacted, that in case the mayor, or any councilman, while in office, shall be guilty of malpractice and wilful neglect in office, or abuse of the power conferred on him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment of mayor or councilman. Sec. 76. Be it further enacted, that it shall be the duty of the mayor and councilmen of said city to provide fire protection, and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire department. Sec. 77. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within the said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog, or dogs, running at large in said city whose owners refuse to comply with such ordinances. Dogs.

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Sec. 78. Be it further enacted, that authority to carry out and enforce and effectuate by ordinances, and to provide a penalty for violating of said ordinances, whenever, in their discretion, the mayor and councilmen may deem it necessary, and all further power granted to said City of Blue Ridge, as created by this Act, is hereby expressly conferred on the mayor and councilmen of said city now in office, and their successors. Power as to penalties. Sec. 79. Be it further enacted, that fourteen thousand dollars ($14,000.00), now on deposit with the Fannin County Bank of Blue Ridge, Georgia, and known as the sinking fund of said City of Blue Ridge, shall not be used nor appropriated by the present mayor and council, nor their successors in office of said City of Blue Ridge, for any other purpose, or purposes, except to retire, liquidate and discharge the remainder of the bonded indebtedness of said City of Blue Ridge, and which said bonded indebtedness will become due and payable in the year 1937, the said amount of said remainder of said bonded indebtedness of said City of Blue Ridge being in the sum of fourteen thousand dollars ($14,000.00), and provided further that if any of the mayor and councilmen of said City of Blue Ridge, or a majority of the same, shall use and appropriate said sinking fund, or any part thereof, for any other purpose, or purposes, except to retire, liquidate and discharge the said remaining bonded indebtedness of said City of Blue Ridge, such mayor and council shall be guilty of a felony and shall be punished by imprisonment and labor in the penitentiary for not less than one year nor longer than five. Sinking fund, misappropriation of, a felony. Sec. 80. Be it further enacted, that there is hereby established what shall be known as the Blue Ridge Municipal Golf Course, of the said City of Blue Ridge, and the said mayor and councilmen of said City of Blue Ridge shall have full power and authority to own, maintain, conduct and operate said Municipal Golf Course within the corporate limits of the said City of Blue Ridge, and said mayor and councilmen shall have power and authority to prescribe the amount each person shall pay as an initiation fee in

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order to become a member of said Municipal Golf Course, and to prescribe the annual dues such members shall pay, and the green fees, which shall be paid by any person or persons desiring to play golf upon said Municipal Golf Course, who are not members thereof, and to prescribe penalties for the violation of any of the rules and regulations which may be adopted by said mayor and city councilmen for the government of said Municipal Golf Course, and said mayor and councilmen shall have full power and authority to pass any ordinances, rules or regulations which may be essential in the owning, maintaining, conducting and operating of said Municipal Golf Course, and if said mayor and councilmen shall deem it necessary, they shall have full power and authority to name and designate what shall be known as a Municipal Golf Course Committee, which shall consist of not more than five, nor less than three citizens of said City of Blue Ridge, and shall have power and authority to delegate to said Municipal Golf Course Committee the right to maintain, conduct and operate said Municipal Golf Course, under the supervision of said mayor and council. Golf course. Sec. 81. Be it further enacted, that said mayor and councilmen shall have power and authority, from time to time, to make appropriations and expenditures for the maintaining, conducting and operation of said Municipal Golf Course, and it is further provided that all amounts of money realized from membership fees, dues and green fees, shall be paid over to the said mayor and councilmen, to be used in the maintaining, conducting and operation of said Municipal Golf Course, and for no other purposes, provided, however, that if, at any time, there should be a surplus not required for the purpose herein mentioned, the same shall become a part of the general fund of the said City of Blue Ridge, and may be expended by the mayor and councilmen for any other purpose. Same. Sec. 82. Be it further enacted, that all Acts of the General Assembly heretofore passed incorporating the Town of Blue Ridge, and the City of Blue Ridge, and all amendments

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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. Acts superseded by this Act. Approved March 23, 1935. BLUFFTON TERRITORIAL LIMITS. NO. 79. An Act to repeal an Act approved August 4, 1923, which reduced the territorial limits of the Town of Bluffton in the County of Clay; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, that an Act approved August 4, 1923, as shown by the Acts of the General Assembly of 1923 at page 502, being an Act to reduce the territorial limits of the Town of Bluffton is hereby repealed. Repeal of Act reducing town limits. Sec. 2. Be it further enacted, that the territorial limits of the Town of Bluffton after the passage of this Act shall be the same as was fixed and provided prior to the Act approved August 4, 1923. Sec. 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935.

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BROXTON OFFICERS' TERMS, ETC. NO. 260. An Act to amend an Act approved July 27, 1904, entitled An Act to incorporate the City of Broxton, in the County of Coffee, and to define its limits; to provide for a mayor and council and other officers of said city, and to prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes, as amended, so as to provide that the terms of office of the mayor and alderman for said city shall be two years, that the next election for city officers shall be held in December, 1936, and biennially thereafter, and that the city clerk and treasurer shall be elected by the mayor and council and his term of office shall be at the will of the mayor and council; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, that the Act approved July 27, 1904, incorporating the City of Broxton (Georgia Laws, 1904, pages 368 et seq.), as amended by Acts approved August 21, 1906, (Georgia Laws, 1906, pages 555 et seq.), July 20, 1918 (Georgia Laws, 1918, pages 554 et seq.), and August 9, 1920 (Georgia Laws, 1920, pages 756 et seq.), is hereby amended in the following particulars: Acts amended. (a) By striking therefrom, in their entirety, section 24 of the original Act, and the substitute sections provided for in subsections (a), (b), (c), and (e), of section 1, of the amendatory Act approved July 20, 1918. Provisions stricken. (b) By inserting in lieu of section 4 of the original Act, a new section to be designated section 4-A, which shall be as follows: Section 4-A. The mayor and aldermen of the City of Broxton holding office on January 1, 1935, shall continue to hold office until December 31, 1936. On the first Tuesday in December, 1936, there shall be held the next municipal election of said city. Said election shall be held then and on the first Tuesday in December biennially thereafter,

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for the purpose of electing, for the ensuing two years, a mayor and four aldermen for said city. Said mayor and aldermen shall take office on January 1st, following their election, and hold office for two years thereafter and until their successors are elected and qualified. New section. Mayor and council, election, term. (c) By inserting in lieu of sections 5 and 12 of the original Act, a new section to be designated section 5-A, which shall be as follows: Section 5-A. The mayor and each alderman of the City of Broxton shall be elected by a plurality of the qualified voters of the city voting in the election for said officers. (d) By inserting in lieu of section 24 of the original Act a new section to be designated section 24-A, which shall be as follows: Section 24-A. The biennial municipal elections of the City of Broxton shall be held under the supervision of a sufficient number of freeholders, residing in the city, designated by the mayor and council acting at the time of the election. Such freeholders so designated shall take the usual oath prescribed for managers of elections for State and county purposes. Said election managers shall make a return to the mayor and council of said election by noon of the day following after said election, and the persons so elected at said election shall be sworn in by the mayor of the outgoing council; that persons residents of said city and who are entitled by law to vote for members of the legislature from Coffee County, who have been residents aforesaid for the space of ninety days, shall be deemed qualified voters for mayor and council aforesaid. (e) By inserting in lieu of section 25 of the original Act, a new section to be designated section 25-A which shall be as follows: Section 25-A. The mayor and aldermen of the City of Broxton shall by their vote, elect a clerk and treasurer, which shall constitute but one office, for said city. The erm of office of the clerk and treasurer shall be at the will

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of the mayor and council, and until his successor is elected, by the mayor and aldermen, and qualified. The clerk and treasurer shall give good and sufficient bond, to be approved by the mayor and aldermen payable to the Mayor and Council of the City of Broxton in a sum of not less than $1,000, or more in the discretion of said council, conditioned for the faithful performance of his duties as clerk and treasurer. The compensation of said clerk and treasurer shall be fixed by the mayor and aldermen and shall be paid out of the funds arising from the taxes collected annually for the expenses of said city, or from any other available funds subject to the payment of said salary. Clerk and treasurer. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. BRUNSWICK COMMISSIONER-MAYOR. NO. 247. An Act amending An Act to amend the charter of the City of Brunswick, to change the corporate name of said city, to abolish the office of mayor and alderman and certain other offices of said city created by legislative enactment, to provide for a commission-manager form of government for said city; and for other purposes, approved August 11, 1920, as amended by the Act approved August 15, 1927, by changing the charter of the City of Brunswick so as to make the commissioner, elected from the city at large, the mayor of said city; by providing that the city manager must be a resident of said city for two years prior to his election; by providing that the present commissioner at large serve through 1936 as mayor, and his successor be elected in 1936; and for other purposes. Be it enacted by the General Assembly of the State of Georgia.

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Section 1. That from and after the passage of this Act, the Act approved August 11, 1920, amending the charter of the City of Brunswick (Georgia Laws 1920, 757), and sections 9 and 13 thereof, and the amending Act approved August 15, 1927, be, and they are hereby, amended as follows: (a) By striking the first two sentences in section 9 of the Act approved August 11, 1920, as follows: The commission shall at its first meeting and immediately after qualifying, elect one of the commissioners as mayor of the City of Brunswick. The commissioner so elected shall continue to hold the title of mayor for two years thereafter, and successors shall be elected by the commission for each two years, and inserting in lieu thereof the following words: The commissioner elected from the city at large, as provided by the Act approved August 15, 1927, shall be the mayor of the City of Brunswick and shall serve as such for and during his term of office. Commissioner to act as mayor. (b) By striking the words in the thirteenth section of the Act approved August 11, 1920, beginning in the fourth line thereof, as follows: But he need not have been a resident of said city previously to his election, and inserting in lieu thereof the following words: And shall have been a resident of said city previously to his election for at least two years. Residence of commissioner. Sec. 2. That from and after the passage of this Act the charter of the City of Brunswick as heretofore amended shall provide that the commissioner elected from the city at large shall be the mayor of said city, as in this Act provided and no person shall be elected to serve as city manager who shall not have been a resident of such city prior to his election for at least two years. Sec. 3. That from and after the passage of this Act the charter of the City of Brunswick is further amended by providing that the present commissioner from the city at large shall be the mayor for the year 1936 without any election to be held in 1935 to elect his successor, but his successor after 1936 shall be elected that year and for a term of three years thereafter. Election of commissioner's successor; term.

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Sec. 4. The provisions of this Act, making the commissioner at large the mayor of said City of Brunswick, shall not apply so as to shorten the term of the present mayor elected by the present board of commissioners, but he shall serve during the year 1935. Present mayor to serve for 1935. Sec. 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. CARROLLTON PUBLIC-SCHOOL FUNDS. NO. 33. An Act to amend an Act establishing a system of public schools for the City of Carrollton; 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 section VIII of the Act establishing a system of public schools for the City of Carrollton, page 306 et seq., Georgia Laws 1886, which reads as follows; Be it further enacted, that the county school commissioner of the County of Carroll shall pay over to the treasurer of said board of school commissioners the pro rata share of the State and county public school fund coming to said city, to be by them expended in the maintenance of said public schools. The board of school commissioners shall require the teachers of said public schools to make out reports of the attendance of children entitled to draw the State school fund so that the amount due said city be estimated, be and the same is hereby repealed and stricken, and that the following sections be and are hereby substituted in the place of said section VIII repealed. Repeal of section VIII of Act of 1886. Sec. 2. Be it further enacted, that on the passage and approval of this Act the State Superintendent of Schools shall pay to the said City of Carrollton its pro rata share of the State public-school funds, and also its pro rata share of

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any other funds that might of right belong to said City of Carrollton public schools, direct to the treasurer of the board of said school commissioners, making the apportionment as now provided by law; it being understood that said board of school commissioners will carry out instructions as may be required by the State Superintendent of Schools in carrying out the provisions of this Act. New section. School funds. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1935. CARTERSVILLE ALDERMEN; COMPENSATION. NO. 39. An Act to amend the charter of the City of Cartersville, Georgia, as amended by an Act printed in Georgia Laws 1929, pages 914-927 inclusive, and approved July 31, 1929, so as to provide that compensation be paid to the members of the Board of Aldermen of said city for their services 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 section 7 of the Act amending the charter of the City of Cartersville, in the County of Bartow, State of Georgia, printed in Georgia Laws 1929, pages 914-927 inclusive, and approved July 31, 1929, is hereby amended by striking out the last sentence in said section reading They shall serve without compensation, and substituting therefor the following provision, to wit: The compensation of each member of the board of aldermen shall be fifty dollars per annum, payable in equal monthly installments, and an additional compensation for attendance upon the meetings of the board in regular or special session for which service each member of said board shall be paid the sum of one dollar for each general or special meeting attended by him, provided, however, that members of the board shall not be

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paid for more than one such meeting of the board per week, so that said section as amended shall read as follows, to wit: Section 7. Be it further enacted that a governing board, to be known as The Board of Aldermen of the City of Cartersville, is hereby created, and shall consist of a mayor and four aldermen, who shall be elected by the qualified voters of said city at large as therein and herein provided. They shall have, besides the powers herein conferred, all powers of government and other powers now conferred upon the board of commissioners, except as otherwise provided in this Act. The compensation of each of the members of the board of aldermen shall be fifty dollars per annum, payable in equal monthly installments, and an additional compensation for attendance upon the meetings of the board shall be paid the sum of one dollar for each general or special meeting attended by him, provided, however, that members of the board shall not be paid for more than one such meeting of the board per week. Pay of aldermen. New section. Sec. 2. Be it further enacted, that the aforesaid Act, printed in Georgia Laws 1929, pages 914-927 inclusive, and approved July 31, 1929, and all previous Acts and amendments creating charters and governments for said city, not heretofore repealed and superseded, are hereby repealed and superseded in so far as the provision of any of said Acts conflict with this Act. Repealed provisons. Sec. 3. This Act shall be effective and in force on and after January 1, 1936. Approved February 23, 1935. CARTERSVILLE ALDERMEN; ELIGIBILITY. NO. 40. An Act to repeal that portion of section 10 of an Act entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Cartersville, in the County of Bartow, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same; to provide

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for the creation of a board of aldermen for the administration of the affairs of said city; to provide means by which legislation can be initiated and franchises granted; to fix the salaries of officers and employees; and to provide means of electing a school board; and for other purposes, approved August 20, 1917, the words, relating to the eligibility of members of the board of aldermen of said city, nor unless at the time of his qualification he is a bona fide freeholder in said city; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enactd by authority of the same, that the words relating to the eligibility of members of the board of aldermen of the City of Cartersville, Georgia, nor unless at the time of his qulaification he is a bona fide freeholder in said city, in section 10 of said above-recited Act, approved August 20, 1917, be and the same are hereby repealed, so that from and after the passage of this Act members of the board of aldermen are not required to be freeholders in said city in order to be eligible as such. Repealed provision. Alderman not required to be freeholder in city. Sec. 2. Be it further enacted, that the aforesaid Act, approved August 20, 1917, and all Acts amendatory thereof, and all previous Acts and amendments creating charters and governments for said city, not heretofore repealed and superseded, are hereby repealed and superseded in so far as the provisions of any of said Acts conflict with this Act. Approved February 23, 1935. CHAMBLEE NEW CHARTER. NO. 355. An Act to revise, amend consolidate, and supersede the Act of August 17, 1908, Georgia Laws of 1908, pages 542 to 544, inclusive, creating a charter for the Town of Chamblee, in DeKalb County, and amendment to said Act, approved August 1, 1922, Georgia Laws of 1922, pages 631 to 638, inclusive, and also the Act approved

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August 21, 1929, Georgia Laws of 1929, pages 943 to 945, inclusive, and all Acts amendatory of said Act of 1908 and the said several amending Acts, so as to create a new, revised, and consolidated charter for the City of Chamblee, DeKalb County, Georgia; to repeal all laws in conflict therewith; to define the territorial limits of said municipality; to provide for a municipal form of government therein; to provide for officers, agents and employees of said municipality and to define their powers and duties; to provide for levying, assessing and collection of taxes, license fees and revenues by said municipality; to vest the government of said municipality in a mayor and council; to prescribe the qualifications of the mayor and members of council and to provide for their election and terms of office; to prescribe qualifications of voters in all elections held by said municipality; to define and prescribe powers and duties of said municipality and its officers and agents; to authorize said municipality to condemn private property for public use; to authorize said municipality and its inhabitants with public utility services, streets, sewers, sidewalks, water works, light and power systems; to authorize said municipality to regulate and license the erection, repair and improvement of real estate; to make reasonable regulations, inspections, supervisions and licensing provisions pertaining to the conduct of all businesses within said municipality; to provide for a mayor's court and define jurisdiction thereof; to authorize the mayor and council of said municipality to adopt reasonable by-laws, ordinances and resolutions for the government of said municipality and provide for punishment in case of violation thereof; and for other purposes. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows:

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ARTICLE 1. CORPORATE NAME, BOUNDARIES AND POWERS. Section 1. On and after the passage and approval of this Act, the Act of 1908, approved August 17, 1908, found in Georgia Laws of 1908, page 542, creating a charter for the Town of Chamblee in DeKalb County, and the Act of August 1, 1922, found in Georgia Laws of 1922, pages 631 to 638, inclusive, amending said charter and creating a new charter for the City of Chamblee, and the Act of August 1, 1929, found in Georgia Laws of 1929, pages 943 to 945, inclusive, and each and all of said Acts and each and all the Acts amendatory thereof be, and the same are, hereby revised, consolidated, amended and superseded by this Act, and a new charter for said City of Chamblee, DeKalb County, Georgia, is hereby created. The corporate name of said municipality to be City of Chamblee. Acts amended. Sec. 2. The territory embraced within the corporate limits of said City of Chamblee shall be as fixed by the said Act of 1908, Georgia Laws of 1908, page 542, and by the Act of 1922, Georgia Laws of 1922, pages 631 to 638, inclusive, and with the additional territory embraced and included in this Act. That is to say, by the said Act of 1908, aforesaid, the center of the passenger depot of the Southern Railway Company, at Chamblee, Georgia, was declared to be the center of said incorporated municipality and the corporate limits to be located one-half mile distant therefrom in each and every direction. By Act of 1922, aforesaid, Georgia Laws of 1922, pages 631 to 638, inclusive, said limits as previously fixed were confirmed and in addition thereto the following territory was made a part of the incorporated area and territory of said municipality, to wit: Beginning at the line of corporate limits as fixed by Act of 1908, aforesaid, near Prospect Church, and running in an easterly direction along the north side of Peachtree road to Shallowford road; and thence along the east side of Shallowford road one mile, more or less, to a point in line with the south side of Eighth street; thence to and along the south side of

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Eighth street to a point in line with the westernmost part of the overhead bridge of the Southern Railway at point where Peachtree road crosses said Railway about one mile, more or less, southwesterly from said Railway station at Chamblee; thence running past said bridge to northern side of a public road parallel to said Railway; and thence running along the northwestern side of said public road to the corporate limits of Chamblee as fixed by said Act of 1908. Said annexation as made in 1922 was not clear and definite but was intended to embrace the territory as herein set forth. Said territory as fixed by said Act of 1908 and as fixed by said Act of 1922, as next above set out, is hereby declared to be the incorporated territory of said municipality, and in addition thereto, the following territory which is hereby made a part of said corporate territory of said municipality, to wit: Beginning at a point on the south side of Eighth street, at the corporate line of said municipality as it existed prior to this Act, said point being at or near the east line of land lot two hundred and seventy-one (271) of the eithteenth (18th) district of DeKalb County, and running thence westerly and northwesterly along the south side of Eighth street or old Nancey's Creek Church road to the south line of land lot two hundred seventy-eight (278); thence continuing west on the south line of land lot two hundred and seventy-eight (278) to the west line of said land lot two hundred and seventy-eight (278); thence north along the west line of land lot two hundred and seventy-eight (278) three thousand (3,000) feet, more or less, to the northwest corner of said land lot two hundred and seventy-eight (278); thence east along the north line of said land lot two hundred and seventy-eight (278) to the corporate limits of said municipality as existing prior to this Act. Corporate limits. Sec. 3. Said City of Chamblee shall have power to levy, assess and collect ad valorem taxes for ordinary current expenses of government upon all property within its territorial limits, or taxable by it under provisions of general law, not to exceed five mills upon each dollar of assessed valuation. Ad valorem tax.

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Sec. 4. Said municipality shall have power to fix by ordinance from time to time, and to alter and amend the same, license fees or taxes upon businesses and occupations, except in such instances as such tax or fee or charge may be forbidden by general law, and to provide by ordinance when, how and in what manner payable. It shall have authority to adopt ordinances for the enforcement of such tax ordinances and shall have authority to adopt ordinances for the purpose of inflicting fines, penalties and punishments for violations of such ordinances. Occupation tax, licenses. Sec. 5. Said municipality shall have power and authority to adopt such objects and classifications of subjects of taxation, and enforce the same, as may be now allowed by general law or may hereafter be allowed by general law. Classification for taxation. Sec. 6. Said City of Chamblee shall have power to contract and be contracted with in its said corporate name, to incur debt by borrowing money, to secure the same by appropriate evidence thereof. All within the limitations and restrictions of general law. Contracts. Sec. 7. Said City of Chamblee shall have power to expend the money of the municipality for all lawful purposes. Expenditures. Sec. 8. Said City of Chamblee shall have power to own, hold, purchase or receive, improve, sell, lease, mortgage, pledge or dispose of property, real or personal, and any interest or estate therein, within or without the limits of the city when necessary for governmental purposes. Power to buy or sell real estate. Sec. 9. Said municipality shall have power to condemn property, real or personal, or any easement, interest, estate or use therein, either within or without the limits of the city, for present or future public use. Such condemnation shall be made and effected upon the same terms and conditions as provided for in the general laws of the State of Georgia with reference to the condemnation of private property for public use, or as may be provided by any future laws, amendments or changes of such laws having reference

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to the condemnation of private property for public uses. Power to condemn property. Sec. 10. Said City of Chamblee shall have power to issue and sell interest bearing negotiable bonds of the municipality for the purpose of purchasing lands, buildings, erecting buildings, improving property, purchasing equipment, purchasing improvements, paying for condemned property taken for public use, whenever necessary and authorized by general law and whenever the provisions of the general laws are complied with, and when done for the purpose of properly furnishing said municipality and the citizens and inhabitants thereof with proper health and sanitation facilities, including water, water systems and supplies, sewers and sewer systems, disposal plants, electric and power service, streets and sidewalks, fire protection, firefighting equipment and facilities. Such bonds may be authorized from time to time or issued from time to time, as the necessity may exist; but such bonds shall not be issued in any case except within the restrictions of general law, nor shall any bonds be issued for any purpose except as authorized by general law and the Constitution of this State and of this charter or subsequent amendment; and in all cases such bonds to be issued only after compliance with general law and the Constitution of this State as to purpose, amount, elections and procedure. Power as to bonds. Sec. 11. Said municipality shall have power to own and operate cemetaries for the burial of the dead. It shall have the right to prescribe by ordinance reasonable regulations pertaining to the operation of cemeteries by others, and to grant or refuse, as the public good may require, permission to others to operate such cemeteries within its limits. Cemeteries. Sec. 12. Said municipality shall have power to abate nuisances in the manner authorized by general law pertaining to the abatement of nuisances by incorporated municipalities, and in the manner and subject to the restrictions of general law as now provided, or as may be hereafter enacted. Nuisances.

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Sec. 13. Said municipality shall have power to take and hold property of every kind, either within or without the State upon trust; and to administer trusts for the public benefit. Power to hold property, administer trusts. Sec. 14. Said municipality shall have power to make contracts with any firm, person or corporation, private or municipal, or with any public service corporation, or with any association, for furnishing or supplying said municipality and its inhabitants with public utility services of all kinds, or to contract in like manner for equipment for supplying such services, including the right to rent, lease, purchase or condemn with reference to such utilities. Public utilities. Sec. 15. Said municipality shall have the power to construct, repair and maintain such sewers, drains and disposal plants as shall be necessary for proper sanitation, to collect and dispose of garbage and refuse matter, and to contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality shall have the power to pass all reasonable by-laws, ordinances and resolutions regulating said matters or anywise pertaining thereto; it shall have authority to levy a sanitary tax against the owner of each parcel of improved property within its limits which is improved with a dwelling or business structure, such tax not to exceed three ($3.00) dollars per annum for each dwelling or business place, or each unit of a dwelling or business place separately occupied as such. Sewers, drainage. Sanitary tax. Sec. 16. The mayor and council shall have authority to provide by ordinance reasonable regulations for requiring owners or occupiers of property, also vacant property, to keep such property free of rubbish and undergrowth, waste or other materials dangerous to health, limb or property, or constituting a fire hazard, also dead or dangerous trees; and in case the owner or person responsible shall fail or refuse, after reasonable notice, to correct such condition, the municipality shall have the right to correct such condition, the municipality shall have the right to correct the same and tax the reasonable cost against the owner or person responsible, as the case may be. Power as to condition of real estate.

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Sec. 17. The maintenance of the public streets, roads, lanes and highways in said municipality which constitute a part of the public roads, streets or highways of the State of Georgia, the State Highway Department, or the county in which said municipality is located, shall not devolve upon said municipality until such time as the same may be authorized by a future express legislative enactment, expressly declaring it to be one of the duties of said municipality to maintain such roads, streets or highways. Said municipality shall have the power and authority however to police and patrol so much of said streets, lanes, roads and highways as are located within the corporate limits of said municipality, regulate the speed and uses of said streets, roads, lanes and highways, preserve good order thereon, and protect life, limb and property thereon. Said municipality shall have the power to open, use, and extend its jurisdiction over all lanes, streets, roads and highways therein as are not a part of the public system of roads, streets and highways of the State, State Highway Department or county as aforesaid, and to make all reasonable and necessary rules, ordinances and resolutions respecting the same and their control and uses. Power as to streets, etc. Sec. 18. Whenever said municipality shall operate general control over the streets and roads of its incorporated territory, it shall have the right and power to levy and collect street taxes from the male inhabitants thereof to the same extent as the county in which it is located is permitted to levy and collect under present existing laws against subjects liable to payment of road taxes. Street tax. Sec. 19. Said municipality shall have authority to establish and maintain a fire fighting force and to provide the same with equipment, or to contract with others for furnishing fire protection to said municipality and its citizens. Fire protection. Sec. 20. Said municipality shall have authority to enforce any and all ordinances by fine or imprisonment, or both. Imprisonment may consist of confinement in jail, or it may consist of work and labor on the public works of the municipality. No fine shall exceed one hundred ($100.00)

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dollars and actual costs for each offense. Imprisonment shall not exceed thirty (30) days for each conviction of an offense. Both fine and imprisonment may be inflicted in the discretion of the presiding officer. Separate fines and/or penalties may be inflicted for each violation, and in such case each fine or penalty may be enforced without reference to the fine or penalty imposed in other violations by the same person. Sentences may run concurrently or consecutively, in the discretion of the presiding officer. Fines and sentences may be suspended in whole or in part by the presiding officer in his discretion. Fines may be enforced by execution, levy and sale. Penalties. Sec. 21. Said municipality shall have authority to adopt and enforce any and all reasonable and necessary ordinances for the protection of health, life, limb and property, and the preservation of good morals. All such ordinances to conform to the general laws of the State and the Constitution of the State. Power as to ordinances. Sec. 22. Said municipality shall have the power to employ or appoint one or more health officers and prescribe their duties, term of office and compensation. Health officers. Sec. 23. Said municipality shall have the right to grant franchises and prescribe the terms thereof, subject to such restrictions as may be imposed under the general law. Franchises. Sec. 24. Said municipality shall have power to appoint such agents, employees and attorneys as shall be necessary, and to fix their compensation and terms of employment, all to hold such office or employment during the pleasure of the mayor and council, and all to be subject to the control of the mayor and council. Agents, employees, compensation. Sec. 25. In so far as said municipality is authorized to work or lay out or improve streets, roads, alleys and other public property under this Act; or whenever said municipality shall be charged with the upkeep and maintenance of the same, it shall have authority to adopt the provisions of the Act of August 25, 1927, found in the Georgia Laws of

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1927, pages 321 to 335, inclusive, by complying with the provisions of said Act, and all Acts amendatory thereof, and shall thereupon be authorized to make improvements therein provided for and assess the cost as therein provided. Street improvements. Sec. 26. The mayor and council shall have the right to require all persons desiring to make improvements upon real estate to submit detailed information and make application for permit. It shall have the right to supervise and inspect all such improvements. It shall have the right to adopt a reasonable building code and shall have the power to enforce the same. Said municipality shall take all reasonable precautions to the end that life, limb and property of its citizens and of the public generally are protected before permitting any such work or improvements to proceed. It shall have authority to adopt all reasonable by-laws, ordinances and resolutions in furtherance of the general powers here enumerated. Regulation of building improvements. Sec. 27. Said municipality shall have authority to adopt such reasonable ordinances in the nature of City planning and Zoning ordinances as are conducive to the public good and safety, all of which powers shall be exercised in conformity to the Constitution and general laws of this State. Planning and zoning ordinances. Sec. 28. The mayor and council shall have the right to condemn and cuase to be remedied or removed any building, structure or existing condition within its corporate limits that is dangerous to life, limb or property, by reason of delay, delapidation, or unsanitary condition. Nothing herein contained shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nor shall anything herein contained be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this power. This provision shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this State and the policy of the general laws of this State. The municipality shall have authority

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to adopt reasonable and resolutions in conformity with this Act and for the purpose of carrying out the provisions of this Act and of this section. Condemnation of buildings. Sec. 29. Said municipality shall not have authority to operate schools and shall not have authority to levy taxes for educational purposes until such time as this Act and section may be amended expressly conferring such authority. Schools. Sec. 30. Said municipality shall have the power to sue in its corporate name and to be sued, to have and use a common seal, to contract and be contracted with in its corporate name, and to do all the usual and necessary things incident to the powers herein contained, together with all the usual, customary and implied powers vested in like municipal corporations. General powers. Sec. 31. All valid ordinances that were in effect at the time of passage of this new and revised charter, in said municipality, are declared to be valid and existing ordinances under this Act, and subject to repeal, amendment or modification by said municipality as though no change in its charter had been effected. All rights and liabilities previously existing as between said municipality and others shall remain unchanged by this Act. All property rights, contracts, tax liens and liabilities, or other rights and liabilities of whatever kind and nature as between said municipality and others shall remain unchanged by the passage of this Act. Effect on existing laws. Sec. 32. The mayor and council of said municipality shall have the authority to elect three freeholders residing within said municipality, as tax assessors, who shall value and assess all the property within said municipality subject to taxation and liable to taxation, as provided in section 92-4001 of the Code of 1933 (section 862, Civil Code of 1910). All persons dissatisfied with the value placed on their property shall appear before the assessors and produce testimony as to the value of the property, and the decision of said assessors, after hearing the evidence, shall be final.

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Said mayor and council shall have such additional powers for causing proper returns and assessments of all property liable to taxation to be ascertained and returned for taxation as are allowed by general laws. And they shall have the power to employ such agents and assistants as may be necessary to assist them and the assessors for the purpose. Said mayor and council shall have the power to adopt such reasonable and necessary ordinances, by-laws and resolutions as may be necessary in carrying out these powers. Tax assessors. Sec. 33. All property liable to taxation by said municipality shall be assessed and taxed against the owners thereof as of the first day of January of each year. All periods of limitations respecting tax liens and enforcement of tax executions shall be as fixed by general laws, and shall be applicable to such liens and executions respecting municipal taxes due to said municipality. Taxes, executions. Sec. 34. All taxes due to said municipality which are not barred for any reason, shall be collectible under the provisions of this Act and in the manner herein prescribed for the collection and enforcement of taxes due to it. Sec. 35. The mayor and council of said municipality shall have the power to cause executions to issue for the enforcement and collection of all taxes, fines, license fees, forfeitures, assessments or other demands due to it. Such executions shall be signed by the city clerk and bear test in the name of the mayor or mayor pro tem. All such executions shall be returnable to the mayor and council thirty (30) days after date of issue, and shall bear the legal rate of interest. All such executions shall be directed to the marshal of the City of Chamblee and by him levied and sales made by him when levied within said municipality. When necessary to levy such execution upon property not within said municipality the city clerk is hereby authorized to also direct the same to all and singular the sheriffs of the State of Georgia, and their lawful deputies, and to all and singular the constables of said State. All executions may be levied upon any and all of the property of the defendant therein, real or personal, as might be necessary, and wherever found within the State

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of Georgia. When such executions are levied by a sheriff or constable on property outside the municipality, the same shall be advertised and sales held under the same provisions as govern sales by sheriffs and constables under common law executions. In such cases, executions for less than one hundred ($100.00) dollars principal shall be levied and sales held thereunder under the same provisions of law as govern levies and sales under executions issuing from justice's courts, when levied outside the municipality. And executions issuing for sums in excess of one hundred ($100.00) dollars principal, shall when levied outside the municipality, be levied and sales held thereunder as provided by law in cases of levy and sales by sheriffs under common law executions. When executions issued by the municipality are levied by the marshal thereof upon personal property he shall advertise the same in the same manner as constables sales are advertised and sell the property levied upon before the place of meetings of council, at public outcry, within the legal hours of sale and on the legal sales day for judicial sales as provided by general laws. When real property is levied upon by the marshal he shall advertise the same in the official organ in which sheriff's sales are advertised for the county, and shall sell the property before the door of the meeting place of the city council in said municipality, on general legal sales day, as fixed by general law, after advertising to same extent and in same manner of sheriff's sales, at public outcry, and within legal hours of sales. Said marshal shall have authority to execute to the purchaser of any real or personal property sold by him a deed of conveyance and to place the purchaser in possession. Sec. 36. All executions issued by said municipality shall have such force as liens against the property of the defendants therein as are allowed by general laws. Sec. 37. Any person having cause to resist the levy and sale of property under executions issued by said municipality shall do so under provisions of the general law.

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Sec. 38. All real property sold under execution for taxes due to said municipality, or for other debt or demand, shall be redeemable only under the provisions of general law, and when allowed by general law, and upon payment of premiums and charges allowed by general laws. Redemption from tax sale. Sec. 39. All recitals of fact placed in deeds to real or personal property sold by the marshal or other officer authorized to levy and sell, shall be prima facie evidence of the facts recited, but such recitals may be rebutted. Recitals in deeds. Sec. 40. All taxes due to said municipality shall be conconsidered as delinquent after the 20th day of December of the year for which levied, and executions may issue thereafter and shall bear interest at the legal rate from said date. Time to pay taxes. Sec. 41. The mayor and council shall have the right to open the municipal tax books for payment of current taxes for the year at any time after returns have been made, and to allow a discount of not exceeding five per centum on the principal due for the current year's taxes, if paid prior to July 1 of such year. Discount. Sec. 42. The mayor and council shall have the power to adopt all reasonable and necessary ordinances, resolutions and by-laws for the purpose of giving effect to the rights and powers conferred by this Act, or to supply any deficiency in prescribed forms and procedures, not inconsistent with general laws and the provisions of this Act. Power as to ordinances, etc. ARTICLE 2. ELECTIONS. Section 1. The mayor and council of said municipality shall, as now constituted, and now holding office, continue until the expiration of their terms, and until their successors are elected and qualify. Terms of mayor, etc. Sec. 2. A mayor and two councilmen shall be elected on the first Saturday in December, 1935, and three councilmen shall be elected on the first Saturday in December, 1936.

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The mayor and each councilman shall hold office for a term of two (2) years. An election shall be held on the first Saturday in December of each year to fill terms expiring on the 31st day of December following. The mayor and councilmen shall be eligible to re-election regardless of the number of terms each may have previously been elected to serve. Elections. Sec. 3. Any person who has resided in said municipality for ninety (90) days immediately preceding such elections and is qualified to vote for members of the General Assembly shall be qualified to vote in all elections held by said municipality. No person shall be qualified to hold office as mayor or councilman who would be disqualified to hold office as a member of the General Assembly of Georgia. The mayor and council shall have power to provide for polling places, appoint managers, supply ballots, canvass the votes and declare the result. All municipal elections held under authority of this Act or held under authority of the general laws of this State, shall be held in accordance with general laws of force in this State relative to election of members of the General Assembly, unless otherwise provided herein. The mayor and council shall have the power to provide for a system of registration of voters in said municipality, and when the power is exercised the city clerk shall be the registrar. Until such provision is made, a duly certified copy of the registration list last made up by the county registrars in said county, or a certificate from the county registrar, showing persons resident within said municipality for ninety (90) days next preceding entitled to vote in elections for members of the General Assembly held in said county, shall be sufficient to entitle such person or persons to vote in said elections. No person shall be eligible to vote in said municipal elections who has not been a bona fide resident within said municipality for ninety (90) days next preceding such election and qualified to vote for members of the General Assembly. Eligibility of voter, etc.

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ARTICLE 3. BOARD OF MAYOR AND COUNCILMEN. Section 1. The entire control, management and legislative functions of said municipality shall be vested in a board of mayor and councilmen. Said board shall consist of a mayor and five councilmen, to be elected as provided in article 2 of this Act. They shall receive such reasonable compensation for their services as shall be fixed by unanimous vote of the council members. Governing body. Sec. 2. The mayor shall be the chief executive officer of the municipality. He shall preside at meetings of the mayor and council and shall approve the minutes of all meetings; he shall sign all contracts on behalf of the municipality; he shall preside at all trials in which persons are charged with violation of municipal ordinances, and is empowered to act as a committing court or court of inquiry, with power to discharge or to bind over to the proper State court, as might be proper under the law, when persons are brought before him charged with a violation of the criminal or penal laws of the State within the municipal limits. Said court shall be known as Mayor's Court of the City of Chamblee. In all such cases he shall have power to assess and approve bonds and recognizances of offenders. All costs accruing to said court for hearing alleged violations of State laws, which shall be the same as allowed Justices of the Peace, shall be paid over to and belong to the City of Chamblee. Said mayor shall have power to inflict all fines, forfeitures, penalties and punishments authorized by this Act or the general laws of Georgia, upon and against persons found guilty of violations of valid ordinances. All funds accruing therefrom shall belong to the City of Chamblee and paid into the general funds. Mayor. Sec. 3. The mayor shall not have a vote except in case of a tie. The mayor, or the mayor pro tem. and four councilmen shall constitute a quorum for the transaction of business. The majority of votes shall decide any question pending before them. When the mayor and the mayor pro tem.

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are both present at a meeting, the mayor pro tem. shall vote as any other member of council. When the mayor is not present, the mayor pro tem. shall not vote except in case of a tie. Quorum. Mayor pro tem. Sec. 4. It shall be the duty of the mayor and council at the first meeting following the first day of each January to elect a mayor pro tem. from among the members of council, he to serve during the year. Said mayor pro tem. shall be vested with all the powers and duties of the mayor in the absence, disability, death, resignation, death or disqualification of the mayor. Sec. 5. Special elections may be called at any time, after ten (10) days' notice posted at the Council Chamber, for the purpose of filling vacancies occurring on the board of mayor and council, such notice to be posted at the direction of a majority of the board declaring the necessity therefor. Special elections. Sec. 6. Before entering upon his duties, the mayor and each member of council shall take and subscribe to the following oath: I do swear that I will well and truly demean myself as Mayor, or Councilman, as the case may be, of the City of Chamblee, during my term of office, and that I will faithfully enforce the charter and ordinances of the City of Chamblee to the best of my skill and ability, without fear or favor, so help me God. Oath of mayor, ect. Sec. 7. The mayor and council shall have the authority to designate by ordinance or resolution a regular date for council meetings, and shall be authorized to adjourn from day to day and from time to time as necessity shall require. Special meeting may be called at any time after three (3) hours' notice to each member of the board. Meetings.

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ARTICLE 4. ORDINANCES. Section 1. Ordinances shall not be adopted except in regular meeting. All other business may be transacted at either regular or special meetings, duly called and attended. Ordinances. Sec. 2. All ordinances shall be approved by the mayor, or mayor pro tem. in proper cases, and shall be filed and recorded by the clerk. Sec. 3. All ordinances or resolutions shall be proposed in writing. The mayor or mayor pro tem. shall be allowed to propose ordinances and resolutions, as may any other member of council. Sec. 4. It shall be the duty of the city clerk to record in a well bound book, a minute of all meetings of the mayor and council, sufficient to identify and disclose the legality and regularity of all official action taken at meetings and all matters passed upon officially. Minutes. ARTICLE 5. OFFICERS. Section 1. In addition to the officers, agents and employees of the municipality hereinbefore provided for, the mayor and council shall have authority to appoint or elect a marshal and a clerk. The marshal shall be the chief of police of said municipality and shall be clothed with all the powers of an arresting officer within said municipality, and shall be clothed with all the powers usual and incident to such officer. He shall receive such compensation as the mayor and council shall prescribe and shall serve during their pleasure. He shall serve all papers, summonses, and execute all writs and executions directed to him by the mayor and council, and perform all the duties fixed by this Act, and all other duties required of him by the mayor and council. Said municipality shall have the power to elect or appoint assistant marshals and policemen as may be necessary, who shall serve at the pleasure of the mayor and council,

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and to receive such compensation as the mayor and council may prescribe, and to perform the duties of marshals and policemen of said municipality as the governing authorities may direct. Marshal, policemen The city clerk shall serve during the pleasure of the mayor and council, shall receive such compensation as they may fix, and shall perform the duties prescribed in this Act, and such other duties as the mayor and council may lawfully direct. Clerk. Sec. 2. The mayor and council shall have the right to require such bonds for faithful performance of officers and agents as they may deem proper, pay the premiums thereon out of the general funds, and in case of breach, the city may recover thereon. Bond. ARTICLE 6. SAVING CLAUSE. Section 1. In the event any article, section, paragraph, or provision of this Act, in whole or in part, or any isolated portion of this Act or of any provision herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. Invalidity of part of Act. ARTICLE 7. REPEALING CLAUSE. Section 1. Be it further enacted 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 28, 1935.

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COLUMBUS COMMISSIONERS' ELECTION. NO. 126. An Act to amend an Act approved the 5th day of August, 1921, entitled An Act to amend the charter of the City of Columbus; to abolish the offices of Mayor and Board of Aldermen and certain other offices in said city; to provide for a form of government in said city composed of Commissioners and a City Manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said Commissioner-City Manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes; this present Act amending the charter of the City of Columbus so as to provide for and regulate the manner of electing the city commissioners; to change their terms of office; to provide for the expiration of the terms of the present commissioners; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly approved on the 5th day of August, 1921, amending the charter of the City of Columbus, and appearing on pages 800 to 850, both inclusive, of the published Georgia Laws 1921, be, and it is, hereby amended by striking all of section 7 of said Act, and enacting in lieu thereof a section to read as follows: Section 7. The commission shall consist of five (5) members, who shall be elected on a general ticket at large, two (2) commissioners shall be elected in 1935 and every two years thereafter. Three (3) commissioners shall be elected in 1936 and every two years thereafter. The terms of office of said commissioners shall be two years

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from the first Monday in January next following the dates of election, and until their successors shall have been duly elected and qualified; provided, however, that they shall be subject to recall in accordance with the provisions of the charter. The terms of the present commissioners shall be changed so as to expire when their successors, elected as provided by this amendment, have duly qualified. Substitute for section 7. Commission, membership of. Sec. 2. That said Act of August 5, 1921, amending the charter of the City of Columbus, be, and it is, hereby amended by striking all of section 45 of said Act, and enacting in lieu thereof a section to read as follows: Section 45. A general or regular city election hereunder shall be held on the second Saturday in December, 1935, to elect two (2) city commissioners for full terms of two years each to succeed the commissioners now in office whose terms would, under present provisions of the charter, expire one in January, 1936, and one in January, 1937. On the second Saturday in December, 1936, a general or regular city election shall be held to elect three (3) city commissioners for full terms of two years each to succeed the commissioners now in office whose terms would, under present provisions of the charter, expire one in January, 1938, one in January, 1939, and one in January, 1940. Thereafter, beginning on the second Saturday in December, 1937, a general or regular city election shall be held on the second Saturday of December in every year to elect that number of commissioners whose terms would, under the provisions hereof, expire on the first Monday in January next following the date of said election, thus electing in 1937, two (2) commissioners for two years, in 1938 three (3) commissioners for two years, and continuing such plan regularly as herein set forth. The terms of the two commissioners now in office which under present provisions of the city charter will end one on the first Monday in January, 1936, and one in January, 1937, shall expire when the two commissioners to be elected in December, 1935, have duly qualified. The terms of the three commissioners now in office whose terms under present provisions of the charter will end one on the first Monday in January, 1938, one in January, 1939, and one in January,

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1940, shall expire when the three commissioners to be elected in December, 1936, have duly qualified. The elections herein provided for shall be held under the laws and ordinances governing regular city elections held in the City of Columbus; provided, however, the commissioners may, at their option, designate and appoint may three persons they see fit to serve as registrars of the City of Columbus, in lieu of the city clerk, the city treasurer, and the city marshal. Substitute for section 45. Election, terms of commissioners. Sec. 3. That all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved March 14, 1935. CRAWFORD TAX ASSESSMENTS. NO. 339. An Act to amend an Act entitled An Act to incorporate the City of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds and other improvements, and for other purposes, approved July 26, 1910, and other Acts amendatory thereof, so as to provide means for the return and assessment of property for the purpose of municipal taxation. 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, entitled, An Act to incorporate the City of Crawford; to define its limits; to provide for its government; to define its rights and liabilities; to provide for the issuance of bonds for school and other municipal improvements, and for other purposes, approved July 26, 1910, be amended by striking from section 19 of said Act the following, Should the council be dissatisfied with any return, they may require the person making it to appear before them, and after investigation may alter such return to conform to the truth. Should any real estate be not returned, the clerk shall assess the same and enter it on his

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digest. Should any personal property liable to tax in said city be not returned, he shall likewise assess and double tax it, which appears in lines 8, 9, 10, 11, 12, 13, 14, of said section, and inserting in lieu thereof the following: Should the council be dissatisfied with any return, and if, in their judgment, they shall find the property embraced in the return, or in any portion of it, returned below its true value, they shall assess the true value thereof, Should said council, sitting as assessors, raise the valuation at which the said taxpayer has returned the property, they shall give him written notice of their assessment, and it shall be the taxpayers privilege, if dissatisfied with the assessment, within ten days after notice, and after notice by taxpayer to council, to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be selected by him one by the council, and the third by those two selected. In the event that the two selected arbitrators are unable to agree upon a third within ten days time after they have agreed to serve, the third shall be named by the Judge of the Superior Court of the circuit in which the City of Crawford is situated. A majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Should any real estate or personalty be not returned, the clerk shall notify in writing the owner, or person required to make the return, for that year or those years on which a return was omitted, and said delinquent shall have ten days time in which to make a return. If said delinquent fails or refuses to make return after notice given him it shall be the duty of the clerk to assess such property for taxation from the best information he can obtain as to its value for the year or years in default, and notify such delinquent of the valuation, which shall be final unless the taxpayer, within ten days time after receiving such notice, raise the question that it is excessive, which must be done by the filing of written objections to the valuation, filed with the clerk. In the event said objections, then the question of valuation shall be referred to arbitrators, one to be chosen by the taxpayer, and one by the clerk, these two chosen having the power to choose a third in the event they cannot agree on a valuation

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within five days time after they have agreed to serve. In the event said two chosen arbitrators are unable to agree on a third arbitrator within ten days time after they have agreed to serve, the third shall be named by the judge of the Superior Court of the circuit in which the City of Crawford is situated. A majority of these shall fix the amount of the assessment, which shall be final and conclusive, so that said section, when amended, will read as follows: Be it further enacted, that the city council shall have power to tax all personal property of its citizens and all real property within the corporate limits not exceeding one per cent of its value. They shall provide for ordinance for the return of all such property for taxation to the clerk, who shall make a digest thereof, and submit the same to the city council not later than August 15th each year. Should the council be dissatisfied with any return, and if in their judgment they shall find the property embraced in the return, or in any portion of it, returned below its true value, they shall assess the true value thereof. Should said council, sitting as assessors, raise the valuation at which the said taxpayer has returned his property, they shall give him written notice of their assessment, and it shall be the taxpayers privilege, if dissatisfied with the assessment, within ten days after notice, and after notice by taxpayer to council, in writing, of his intention to refer the matter to arbitrators, to have the matter left to three disinterested freeholders, residents of the city, one of whom shall be selected by the taxpayer, one by the council, and the third by those two selected. In the event that the two selected arbitrators are unable to agree upon a third within ten days time after they have agreed to serve, the third shall be named by the judge of the Superior Court of the circuit in which the City of Crawford is situated. A majority of these arbitrators shall fix the assessment, which shall be final and conclusive. Should any real estate or personalty be not returned, the clerk shall notify in writing the owner, or person required to make the return, for that year or those years on which a return was omitted, and said delinquent shall have ten days time in which to make a return. If said

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delinquent fails or refuses to make a return after notice given him, it shall be the duty of the clerk to assess such [Illegible Text] for taxation from the best information he can obtain as to its value for the year or years in default, and notify such delinquent of the valuation, which shall be final unless the taxpayer, within ten days time after receiving such notice, raise the question that it is excessive, which must be done by the filing of written objections to the valuation, filed with the clerk. In the event said objections, then the question of valuation shall be referred to arbitrators, one to be chosen by the taxpayer, and one by the clerk, these two chosen having the power to choose a third in the event they cannot agree on a valuation within five days time after they have agreed to serve. In the event said two chosen arbitrators are unable to agree on a third arbitrator within ten days time after they have agreed to serve, the third shall be named by the judge of the Superior Court of the circuit in which the City of Crawford is situated. A majority of these shall fix the amount of the assessment, which shall be final and conclusive. Said city shall have power to tax railroads, telegrams, telephones, banks, and other forms of property under the laws respectively applicable thereto. Upon completion of the digest, and not later than October 1st, the city council shall levy such a per cent. upon the taxable property of the city not exceeding one per cent., as they deem needful, and post said levy in some public place. It shall be the duty of all persons to pay all taxes for which they may be liable by December 20th, of each year in default, the clerk shall issue execution against them under the same rules as apply to the issuance of tax execution by county tax collectors, and adding the same costs, which shall be paid, however, into the treasury. The marshal or his deputy who is empowered to collect all such executions by levy upon personal property and sale thereof at justice court ground of the district in which said city is situated, under the rules applicable to constable's sales threat. Should there be no personalty to be found, the said fi. fas. may be levied on realty, and sale had as under fi. fas. for

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State and county taxes, and with the same power of redemption in the owner. Section as amended. Arbitration of assessment. Sec. 2. Be it further enacted, by the authority aforesaid, that all laws or parts of laws conflicting herewith be and the same are hereby repealed. Approved March 26, 1935. CUMMING CITY CHARTER. NO. 437. An Act to change the name of the Town of Cumming to the City of Cumming, and to incorporate the municipality heretofore known as the Town of Cumming in Forsyth County under the name of the City of Cumming in the County of Forsyth, and to repeal the Act approved October 10, 1885, and the several Acts amendatory thereof, and to provide a new charter for said municipality; to consolidate into and supersede by this Act to incorporate the City of Cumming in lieu of said Town of Cumming; to substitute the City of Cumming for the Town of Cumming wherever said municipality is mentioned in the Constitution of the laws of Georgia; to define the territorial limits of the City of Cumming, and to confer extraterritorial jurisdiction upon said city within certain adjacent territory; to provide for the execution, service, and return of certain writs, warrants, or executions of said city beyond the limits of said city and within the State; to provide for a mayor and council, and other officers of the City of Cumming; to prescribe and provide their powers, duties, qualifications, terms of office, and the manner of their election; to provide for all valid contracts heretofore entered into by the Town of Cumming or the Mayor and Council of the Town of Cumming as heretofore incorporated, shall be binding and effective upon the City of Cumming hereby incorporated; to provide that all ordinances of the Town of Cumming or the Mayor and Council of the Town of

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Cumming heretofore incorporated, not in conflict with this charter and incorporated, shall be valid and enforceable as ordinances of the City of Cumming hereby incorporated; to provide that all property new and heretofore held and owned by the Town of Cumming, or the Mayor and Council of the Town of Cumming as heretofore incorporated, shall be and become the rights of the property of the City of Cumming hereby incorporated; to confer any necessary authority upon said City of Cumming hereby incorporated enable it to establish equip, maintain, modify, extend, and improve a system of sewerage and drains in said city, and for the assessment and collection of the expenses and costs thereof, and the issuance of sewerage and drainage certificates; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of taxation for said city; to provide for the enacting of all necessary ordinances, and to provide penalties for the violation of same; to provide for a Board of Health; to declare and define certain police powers of said city; to provide for the condemnation of private, public, or semi-public property for the use of said city, either within or without the corporate limits thereof, and compensation to the owners thereof; to provide for taxation and the granting of licenses for all kinds of business, trades, callings and professions, shows, exhibitions or entertainments; to provide for the retention in office of the present officers of the Town of Cumming hereby abolished and repealed, as officers of the City of Cumming hereby incorporated and established; to provide for the qualification and registration of voters in the City of Cumming; to provide for a Recorder and a Police Court, and the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom; to grant and regulate franchises; to provide rules and regulations governing public service corporations; to provide for opening and laying out, establishing, maintaining, improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said city; to assess and collect from the owners of properties fronting

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on said streets and sidewalks, equally and ratably according to their respective frontals, the cost of such paving and improvement, and in addition thereto to assess and collect from any railroad company the cost of paving and improving so much of said streets and sidewalks as is occupied by their rights of way; to provide when and how all assessments are to be made, and when and how they may be paid and collected, and for the issuance of bonds therefor; to abate nuisances; to provide for the assessment, levy and collection of an allowance tax on all property, real and personal, for general purposes; to authorize the assessment and collection of a tax for street work and improvements to grant encroachments on the streets; to declare and constitute the rights and powers of the City of Cumming hereby established; to provide for a city chain-gang and guard-house and the work of prisoners therein, and the regulation and management of the same; to provide for a fire department; to authorize the Mayor and Council of said city to maintain and operate a system of water works, sanitary and/or storm sewers and an electric light plant either to produce or distribute current; to authorize said city to borrow money; to provide for parks, public buildings, and other municipal improvements; to create and maintain on the part of said city a Chamber of Commerce or Commercial Club; to declare and define the public powers of said city, and provide for all matters of municipal concern and cognizance; to confer power upon said city to acquire and own property beyond its corporate limits for certain purposes; to provide for a city depository; to provide for a general policing and all police laws for the general welfare of the municipality; to confer power to establish police limits of said city beyond the corporate tax limits thereof; to provide for all matters and things necessary and proper, or incident to a municipal corporation; to provide for primaries and wards in the discretion of the Mayor and Council of said city; 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, the name of that municipality of Forsyth County, Georgia, the county seat of said county, heretofore known and designated as the Town of Cumming shall be and is hereby changed to the City of Cumming by which name said municipality and county seat shall be henceforth known and designated, and an Act to incorporate and provide a new charter for the Town of Cumming approved October 10, 1885, 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 or at variance with this Act or any provisions hereof are hereby expressly repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Corporate name, City of Cumming. Sec. 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory in which County of Forsyth hereinafter described are hereby incorporated by the name and style of the City of Cumming, a body corporate and politic, with power to govern themselves by such ordinances, resolutions, rules, regulations, and by-laws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State or of the United States. The corporate limits of said city shall extend and embrace all that territory lying and being within one mile in every direction from the court house now located in said city. The said defined territory is hereby incorporated under the name and style of the City of Cumming and the City of Cumming is hereby chartered and given all of the privileges and benefits conferred upon municipalities by the Constitution and laws of Georgia, and by said name and style is established and shall have perpetual succession, and is hereby vested with all the rights, powers and privileges, titles, properties, easements or hereditaments now belonging or in any wise appertaining to the Town of Cumming or to the Mayor and Council of the Town of Cumming as heretofore incorporated,

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shall be and is hereby vested in the City of Cumming as created by this Act, and the City of Cumming in the County of Forsyth, State of Georgia, created, established, and declared by this Act may in name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a corporate seal, make and enact, through its proper officers hereinafter provided for, such ordinances, rules and regulations for the transaction of its business, and for the welfare and proper government of said city as its mayor and council may deem best, and do all other things necessary to promote the municipal corporate purposes of said city; and the City of Cumming shall be capable in law to purchase, hold, enjoy, receive, possess, retain, and manage in perpetuity lands, tenements, or hereditaments of every kind and description whatsoever, or any interest in real or personal property, within or without the corporate limits of said city, for corporate purposes, and to sell, lease, alien, convey, exchange, or dispose of the same or any part thereof. The said City of Cumming, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said Town of Cumming as heretofore incorporated; and all ordinances now in force in the Town of Cumming, or the mayor and council thereof, as heretofore incorporated, and not repugnant to the provisions of this charter or the laws of Georgia shall be and are hereby continued in force in said City of Cumming incorporated by this Act. The present Mayor and Council of the Town of Cumming shall continue in office as Mayor and Council of said City of Cumming incorporated under this Act until their present term expires, or their successors are elected and qualified; and all other officers of the Town of Cumming as heretofore incorporated shall continue in office as such officers of the said City of Cumming incorporated under this Act, until their present terms expire, or their successors are elected and qualified, subject, however, to the provisions of this Act with further reference thereto; it being the purpose of this Act to abolish the Town of Cumming heretofore incorporated and establish the City of Cumming hereby incorporated in its stead, to

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change the name of that territory heretofore known as the Town of Cumming to be henceforth known as the City of Cumming; to create and establish a new charter for said territory and the inhabitants thereof under the corporate name of the City of Cumming hereby established; to have the City of Cumming hereby incorporated to in every way supersede the Town of Cumming heretofore incorporated, and establish same in lieu thereof, and to have the City of Cumming hereby incorporated succeed to all the rights, powers, privileges, and benefits, and to be subject to all the duties, obligations, liabilities, and responsibilities of said Town of Cumming heretofore incorporated. This Act changing the Town of Cumming to the City of Cumming, and providing a new charter for said City of Cumming; the municipality of Cumming in Forsyth County being and the same is hereby incorporated under the corporated name of the City of Cumming, and said City of Cumming is hereby substituted for the Town of Cumming wherever said municipality is mentioned or referred to in the Constitution or laws of this State and any reference to or mention of said Town of Cumming in the Constitution or laws of Georgia shall henceforth be construed to refer to, mention, and mean the City of Cumming. Powers, territory. Mayor and council. Sec. 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Cumming shall be vested in a mayor and five councilmen, that the mayor and councilmen shall be collectively known as the City Council of Cumming, and shall be the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. City Council. Sec. 4. Be it further enacted by the authority aforesaid, that the Mayor of the City of Cumming shall be Roy P. Otwell, and the Councilmen of said city shall be S. P. Pettey, G. M. Puett, Geo. L. Merritt, M. P. Holbrooks and B. L. Redd, who shall continue in their respective offices until their successors are elected and qualified as provided in this Act; and said mayor and council shall have and exercise all

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the rights, powers, duties and authority conferred upon the mayor and councilmen of said City of Cumming by virtue of this charter. Mayor, councilmen, named. Sec. 5. Be it further enacted by the authority aforesaid, that the Mayor of the City of Cumming shall be elected as herein prescribed, and shall hold office for a term of two years and until his successor is elected and qualified. The term of office of the present mayor herein named shall expire January 1, 1937, on which date the two-year term of office of the next mayor of said city shall begin. Mayor. Sec. 6. Be it further enacted by the authority aforesaid, that the five councilmen of said City of Cumming shall be elected as herein prescribed, and shall hold office for a term of two years until their successors are elected and qualified. The terms of office of the present councilmen shall expire January 1, 1937. Councilmen. Sec. 7. Be it further enacted, that the first election under this charter shall be held on the first Tuesday in December, 1936, at which time there shall be elected by the qualified voters of said city a mayor and five councilmen to hold office for the term of two years beginning January 1, 1937 and until their successors are elected and qualified; thereafter on the first Tuesday in December at the council-room of said city or such other place or places as may be designated by the mayor and council of said city five councilmen shall be elected by the qualified voters of said city, who shall serve for a term of two years, and until their successors shall be elected and qualified; and each two years thereafter a mayor and five councilmen shall be elected by the qualified voters of said city. Election, terms of mayor and councilmen. Sec. 8. Be it further enacted, that should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days notice of the city council of Cumming. Should a vacancy occur in the office of the mayor of said city, the councilmen of said city shall elect from one of their number to fill such vacancy. Should a vacancy occur in the office of councilman of said city the

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City of Cumming shall elect some qualified voter to said city for the unexpired term. Officers elected to fill vacancies shall be qualified immediately. Vacancies. Sec. 9. Be it further enacted, that on the first day of January (unless said first day falls on Sunday or a legal holiday in which event on the following day) after their election, the mayor-elect, councilmen-elect, and the two councilmen shall meet at the council chamber of said city for the purpose of organizing, and the mayor-elect and councilmen-elect shall severally take, before some officer authorized to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly perform my duties as mayor (or councilman) of the City of Cumming during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or failure, and in all actions as mayor (or councilman) act as I believe for the best interest of the city, and uphold the Constitution and laws of the State of Georgia and of the United States; 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. Organization. Sec. 10. Be it further enacted, that the regular meeting of the City Council of Cumming, shall be held at the council chamber of said city on the second and fourth Wednesday in each month, at which time all regular business concerning the welfare of said city shall be transacted; but special or call meetings may be held when public emergency so warrants, and they may also hold adjourned meetings which shall be considered as of meeting adjourned. Meetings. Sec. 11. Be it further enacted, that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of the City of Cumming shall be managed by a justice of the peace or some other judicial officer and two freeholders who are citizens of said city and own real estate therein, or by any three freeholders designated by the mayor or city

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council; all of said freeholders shall be citizens of said city and own real estate therein; and said managers, before entering upon their duties, shall take and subscribe, before some officer qualified to administer oaths, the following oath, to wit: We do swear that we will faithfully and impartially conduct this election according to law, and will prevent illegal voting to the best of our skill and knowledge, and will make true returns thereof; so help me God. Said managers shall keep, or cause to be kept two lists of voters at said elections, and two tally-sheets. All elections shall be held at the city council chamber in said city, and the voting shall be by ballot. The polls shall be opened at 12:00 o'clock A. M., and be closed at 4:00 o'clock P. M., but said managers shall have the right to suspend the election one hour for dinner. The persons receiving the highest number of legal votes for the respective officer shall be declared elected. All elections held under the provisions of this charter shall be under the forms, rules, and regulations prescribed by law for the election of members of the General Assembly of said State, in so far as they are applicable to such elections and do not conflict with the rules and provisions herein prescribed. Elections. Sec. 12. Be it further enacted, that after each election the managers thereof shall immediately make out and sign a certificate of return under oath of the election; said certificate shall give the name of each candidate voted for, the number of votes received by each candidate, and the office for which he is a candidate. One copy of said return, together with all the ballots voted, the voters' lists and all other papers used in said election shall be by them delivered under seal to the clerk of the City Council of Cumming; and a certificate showing the result of said election shall be by them delivered to the clerk of the City Council of Cumming, before twelve o'clock noon, the following day of the election; whereupon, it shall be the duty of said clerk to declare the result of said election and record the same upon the minutes of said City Council of Cumming. All election returns, ballots, lists, and other papers so deposited with the clerk of the city council under seal shall be by him kept

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for the space of twenty days after said election, and be by him destroyed without examination, provided no contest is had. In event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such contest shall have been concluded he shall destroy all papers without examination. Returns of election. Sec. 13. Be it further enacted, that all persons qualified to vote in this State for members of the General Assembly, who have paid all taxes legally imposed and demanded by the authorities of said city, and who shall have resided in said city six months prior to the election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said city, shall be qualified to vote at any election held under the provisions of this charter. Voter's qualifications. Sec. 14. Be it further enacted, that it shall be the duty of the clerk of said city, on the first Monday in November of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open at such hours as the mayor and councilmen may prescribe, each and every day (Sunday and legal holidays excepted) until Wednesday before the first Wednesday in December following, when it shall be finally and absolutely closed. It shall be the duty of the clerk, upon application in person and not by proxy of any citizen who is qualified to vote for the members of the General Assembly, who has paid all taxes of every character legally imposed and demanded by the authorities of said city, and who upon the day of the election, if then a resident, will then have resided in said city six months prior thereto, to allow such person to register his or her name in said book of registration and shall in every case, before allowing the applicant to register, administer to him or her the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in the City of Cumming for six months next preceding this registration, or that by the date of the next election held in and for said city, if then a

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resident, you will have done so; that you are twenty-one years of age, or will be so prior to said day of election; and that you have paid all taxes legally imposed and demanded by the authorities of said city, so help you God. Registration of voters. It shall be the duty of the clerk of said city to prepare two lists of names of the voters registered in alphabetical order, after the same have been purged by the mayor and councilmen, and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said list before them during the election, and shall permit no one to vote in said election whose name does not appear thereon. Voters' lists. For any special election in said city for any purpose, the clerk shall open the registration books at least thrity days before the date fixed for such election, and shall close the same five days before the day of election, and shall prepare and furnish the registration lists as hereinbefore provided. Notice of the opening of the registration books for all elections shall be given in such manner as the mayor and councilmen shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due form and time, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place such name on said list, and that such person was duly and legally registered in due time and form before the registration book was closed; and thereupon by filing said certificate with the managers of the election such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed by the laws of this State for illegal voting. Illegal voting.

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After said registration books are closed, and prior to day of any election for which said registration is had, the mayor and councilmen shall examine, revise and purge the registration lists, as made up and returned by the clerk of said city, of all illegally registered voters or persons disqualified from voting for any lawful reason; provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified, at least twelve hours before final action thereon by the mayor and councilmen, that such person may show cause, if any, why such action should not be taken. Purging registration lists. Sec. 15. Be it further enacted, that no person shall be eligible to the office of mayor of the city who is not twentyone years of age, who has not resided in the City of Cumming for a period of one year next preceding the date of his election, and who is not a qualified voter of said city. No person shall be eligible to the office of councilman of the City of Cumming who is not twenty-one years of age, who has not resided in the City of Cumming for the period of one year next prior to his election, and who is not a qualified voter of said city. Eligibility to office. Sec. 16. Be it further enacted, that the City Council of Cumming shall have the authority to provide for and establish rules and regulations governing municipal primaries in and for said city, and for election wards, under such conditions as they may prescribe, not in conflict with the laws of this State. Regulation of primaries. Sec. 17. Be it further enacted, that at the first regular meeting of the City Council of Cumming on the first 2nd Monday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office, be vested with all the authority of the mayor and as such perform all the duties of the mayor. The city council may also at said meetings elect for said city a chief of police and as many policemen as they deem necessary, a recorder, clerk and treasurer; a city attorney,

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and city physician, and may elect such other officers and employees of said city as they may deem necessary; and they shall have power to fix and provide for the salaries or compensation of the officers or employees so elected. All of said officers shall be elected for terms of one year, and until their successors shall be elected and qualified, unless sooner discharged and removed from office. Each of said officers shall take such oath of office, give such bonds and perform such duties as shall be fixed by ordinance; and the City Council of Cumming shall have power and authority to suspend and remove such officers from office, or impose fines on said officers for gross neglect or malfeasance, after a fair and impartial trial. Mayor pro tem. Election of officers; salaries, etc. Sec. 18. Be it further enacted, that the mayor and councilmen shall receive such salary or compensation as the City Council of Cumming may prescribe, which shall not be increased or diminished during their term of office; provided, however, that the mayor's salary shall not exceed one hundred ($100.00) dollars per annum, and the councilmen's or aldermen's salaries shall not exceed fifty ($50.00) dollars per annum. Pay of mayor, councilmen. Sec. 19. Be it further enacted, that the mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of business, and a majority of votes shall determine questions before them; provided, that the mayor or the mayor pro tem., if he is presiding in the place of the mayor, shall vote only in case of a tie vote; and provided further, that all votes making appropriations or authorizing the expenditure of city funds, or fixing the salaries of officers and employees, shall be by the yeas and nays duly recorded on the minutes; and provided further that on any question any councilman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. Quorum. The mayor or mayor pro tem., when performing the duties of the mayor, shall have the veto power and may veto any resolution or ordinances passed by the council, in which event the same shall not become a law or have the effect of

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a law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by three-fourths vote of the entire council, duly recorded on the minutes; but unless he shall file in writing with the clerk of said city his veto of any measure passed by the council, with his reasons for withdrawing his assent, within three days after its passage, the same shall become a law just as if signed and approved by said mayor; but he may approve the same in writing and the measure shall go into effect immediately. Veto. Sec. 20. Be it further enacted, that the mayor shall be the chief executive officer of the City of Cumming. He shall see that all laws, ordinances, resolutions, and rules of said city are faithfully, fully, and impartially executed and enforced, and that all the officers or employees of said city faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city, and shall preside at all meetings of the city council; and shall preserve order and decorum, shall enforce the rules and regulations of the body, and shall have power to punish all persons for contempt of such rules and regulations as the City Council of Cumming may prescribe. He shall have power to convene the city council in special call or extra session when in his judgment it becomes necessary, and shall do so whenever requested by two councilmen in writing. Notice of such special call or extra session shall be given each of the members of the city council who are in the city at the time and at such meetings the mayor and councilmen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. He shall have power to appoint special policemen when in his judgement such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and councilmen may determine. Mayor's duties. Policemen. For the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety, and morals, and over persons offending against

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the laws or ordinances relating thereto, the corporate limits proper, heretofore defined, are hereby extended for a distance of one mile in every direction, and within said extended corporate limits power and authority to exercise such police power and authority is hereby vested in and conferred upon city council of said city; and all valid ordinances of said city heretofore or hereafter enacted, relative to or covering said offenses, matters, or things or said offending persons, shall become and be operative and of full force and effect in and throughout the territory which shall be known as the city's police limits, and the power and authority is hereby vested in and conferred upon any and all of the police or arresting officers of said city, in the enforcement of said ordinances, to make arrests or execute warrants or other process of the city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or 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 territory. Police limits. Sec. 21. Be it further enacted, that a police court is hereby created and established in said City of Cumming, to be known and designated as The Police Court of Cumming, and the same is hereby clothed with all such powers as are inherent in courts generally and as usually belong to municipal and corporation courts, as well as those more specifically set forth herein. Said court shall hold regular sessions on such dates as may be prescribed by the city council, with the right to accept pleas of guilty and try contested cases at any time between its regular sessions, provided said defendant expresses a desire to plead guilty or is unable to give bond for his or her appearance at the regular session of said police court; the rights of the city and of the defendant to prepare for trial, and to have a reasonable time for said preparation, being forever preserved. Police court. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Cumming committed within the jurisdiction limits

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thereof, and upon conviction to punish the offenders of such laws and ordinances by imposing such fines and sentences and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try, and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. Said police court shall be presided over by a recorder who shall be elected by the mayor and councilmen of said city, the office of said recorder being hereby created and established in said city. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by some citizen designated by the city council. At the first council meeting after the approval of this Act a recorder shall be elected to serve during the remainder of the term of office of the present city officials. The mayor or any councilman may be elected recorder. Said police court shall have the power and authority to impose sentences and impose fines therein, such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. Said police court shall have power and authority to impose fines and to inflict punishments, after convictions, upon all violators of the laws, resolutions and ordinances of said city, by fines not exceeding two hundred dollars and by compulsory labor in the chain-gang upon the streets or public works of said city under the control and direction of the proper officers, not to exceed fifty days, either or both or a portion of either or both in the discretion of the court; and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid.

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Said police court shall have the authority to impose fines for contempt of said courts, not to exceed fines of twenty dollars, and to impose a jail sentence in the city jail for not longer than ten days, either or both or a portion of either or both in the discretion of the court. There shall be kept in said police court one or more dockets on which shall appear the names of all persons charged with offenses against the laws or ordinances of said city, and the disposition for all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations based upon affidavit of the prosecutor or by the city attorney for him, and also by the city attorney. Said accusation shall plainly and definitely set forth the specific charge against the accused, and shall be subject to the same strictness of pleading as required for accusations in State courts. The accused may demur to said accusations under the same rules, and subject to the same ruling, as provided by law in reference to demurrers to accusations in the State courts. The accused may plead guilty if he so desires, or he may plead not guilty; in the latter event the plea puts in issue every material allegation of the accusation. Said police court shall be clothed with the same powers as State courts in reference to complelling the attendance witnesses, sub-poenas to be issued by the clerk of council. Said police court shall also have power to assess costs against each convicted defendant, in addition to a fine. In the event a convicted defendant in said court is dissatisfied with the judgment or sentence of the courts, he shall have the right within thirty days from such judgment to certiorari his case to the superior court of Forsyth County, Georgia, which certiorari case shall be subject to the same rules and penalties as provided by law of this State for certioraries from police courts, certiorari being the only appeal available to such convicted person. Certiorari. The mayor and councilmen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. Costs.

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The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the superior courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. When any person is charged with an offense against the laws or ordinances of said city, or who is arrested for such offenses, shall give bond for his or her appearance at any session of said police court, and shall fail to appear at any time appointed in such bond, then the clerk or said police court shall issue a scire facias in such police court why such bond should not be forfeited; and if, at the return term of said scire facias in said court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein, and his or her surety or sureties. On entering judgment on any such bond, the clerk of said court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said city for taxes, which executions shall be placed in the hands of any member of the police force, who shall proceed to collect the same as tax executions of said city are enforced and collected. Forfeiture of appearance bond. In any case where any person charged with an offense against the laws and ordinances of said city, or arrested for such offenses, has deposited a sum of money as bond for his appearance in said court, and similarly where some other party has deposited a sum of money for the appearance of such person who does not appear at the time appointed, for which appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the recorder or other presiding police-court judge, entered upon the police-court docket, and shall be paid over to the city treasurer as the property of said City of Cumming. The City Council of Cumming

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shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the city council and chief of police or any member of the police force shall be the clerk and marshal, respectively, of said police court and shall serve as same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. Officers, fees. The right of certiorari from the decision and judgment of said police court shall exist in all cases; and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued, heard and determined under the provisions of the laws of the State of Georgia in such cases made and provided. Certiorari. Sec. 22. Be it further enacted, that the City Council of Cumming shall have power and authority to maintain a city guard-house and to establish and provide regulation therefor, in which shall be confined for punishment, when necessary, persons sentenced by the police court for violating any of the laws or ordinances of said city, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Guard-house. Sec. 23. Be it further enacted, that the City Council of Cumming shall have power and authority to establish a chain-gang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public work of said city; they shall have power to make such rules and regulations as may be necessary and suitable for the care, safekeeping and control of said chain-gang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chain-gang to

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comply with the terms of said sentence not in conflict with the laws of this State. Chain-gang. Sec. 24. Be it further enacted, that it shall be lawful for the chief of police or any police officer of said city to arrest without warrant all disorderly and turbulent persons within the corporate limits of said city who will not desist on command, and confine them in the guard-house until they can be brought before the police court to answer for their misconduct. And said officers are authorized and empowered to arrest, with or without warrant, any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been guilty of violating any of the laws or ordinances of said city, and to hold such person so arrested until a hearing of the matter before the police court can be had, in all such cases where the offense was committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant; and to this end said arresting officers are authorized to imprison and confine persons arrested by them in the guard-house of said city for a reasonable length of time. Arrests. The chief of police and police officers of said city are authorized, to the same extent as sheriffs of this State, to execute warrants placed in their hands, charging any persons with violating the criminal laws of this State. The chief of police and police officers of said city are also authorized anywhere within this State to arrest any person charged with violating the laws or ordinances thereof; provided, when the arrest is not made within twenty-four hours after the offense is committed, said officers are not authorized to arrest the offender outside of the corporate limits of said city, except in obedience to written warrant signed by the mayor, mayor pro tem., or acting mayor. Said chief of police and police officers of said city may take bonds for the appearance before the police court for trial, and all such bonds may be forfeited as provided in this charter.

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And said City Council of Cumming shall have power and authority to authorize and require the chief of police and police officers of said city to summon any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Sec. 25. Be it further enacted, that it shall be the duty of the chief of police by himself or through the force under him and at his command, at all times, to preserve the public peace, good order and tranquility of said city and its inhabitants, to prevent the commission of crime and arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to protect strangers and travelers within the city, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks, and other places, to preserve order at election and public meetings and assemblages, to regulate movements or teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said city. Chief of police. Sec. 26. Be it further enacted, that the mayor and council of said city shall have power and authority to prevent horses, mules, cattle, and all other animals or fowls from running at large or being tied or tethered on streets or sidewalks in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept, and shall have power and authority to take up such animals or fowls and impound same, and to punish all owners of such animals and fowls who refuse to obey any ordinance passed by mayor and council carrying this authority into effect. Animals at large. Sec. 27. Be it enacted, that, in order to give effect to the foregoing section, said mayor and council shall have authority to establish a pound and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owner of such impounded animals before

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they are released from the pound; to regulate the mode and manner of sale or disposition of impounded animals or fowls where no owner appears or where payment of impounding fees charged, penalties, or cost is refused; to provide for the disposition of the proceeds of the sale of impounded animals and to provide for the punishment of all persons who, without authority, break or enter the pound. Pound. Sec. 28. Be it further enacted, that for the purpose of raising revenues for the annual support and maintenance of the government of the City of Cumming, the City Council of Cumming shall have the power and authority to annually assess, levy, and collect an ad valorem tax on all real and personal property, including money, notes, bonds, and other evidences of debt, money used in banking, and every other species of property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation. The City of Cumming shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form, and time of making tax-returns, tax-lists, or inventories and appraisements of property subject to taxation. They shall have power to elect tax assessors, to prescribe their duties and powers, and fix their compensation, and adopt such other measures and regulations, prescribe and enforce such penalties as they may deem advisable to secure due and prompt return and assessment of all property within the limits of said city, and the collection of taxes thereon. They shall have power and authority to issue executions for taxes, and levy the same by their proper levying officer, and bring the property levied on to sale at the time and place and manner provided for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Ad valorem tax. Tax-assessors. Tax sales. Sec. 29. Be it further enacted, that the City Council of Cumming shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses,

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and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies, and vehicles of all kinds, as well as private vehicles; and also traveling venders of patent medicine, soaps, notions, and all articles, except such as are exempt by the laws of this State; also hotels, chain-stores, boarding-houses, restaurants, fish-stands, laundries, billiard, pool, and other kinds of tables, tenpins, shooting galaries, and bowling alleys, and all contrivances and devices for carrying on games; also barber-shops, livery stables, slaughter-houses, butcher-pens, tanyards, automobile repair-shops, black-smith shops, steam gins, sawmills, planing mills; also auctioneers, pedlers, and pawn-brokers; the sale of near beer and similar non-intoxicating beverages, and imitations or substitutes for beer or malt or other liquors; and all other classes of kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades, or avocations, public or private, exercised within the city, as may be deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment, or place of business in the event the same becomes a nuisance or is dangerous or injurious to health of the people of said city. They shall have like power to remove or cause to be removed all dilapidated buildings or unsafe buildings, fences, chimneys, or structures of any kind which may be considered a nuisance or dangerous, and also to have excavations, dry wells, pits, and ditches filled when deemed expedient. Licenses. Occupation taxes. Nuisances. In case of the removal by the authorities of the City of Cumming of any obstruction of any kind or character on any of the streets, lanes, alleys, ways, or sidewalks of said city, or in case of the removal or abatement of any nuisance of any kind, character, or description within said city, where the work of abatement or removal is done by said city, and wherein such of obstructions or nuisances the property owner or citizen responsible therefor shall have failed to remove the same after due notice and hearing provided by law, the costs of such work or removal or abatement shall be chargeable

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to the person responsible therefor or the owner of the property upon which the same exists, either or both, and such costs of removal or abatement shall be enforcible and collectible from such citizen or property owner by the issuance of an execution therefor, in the same manner that executions are issued for paving and street improvements, and shall be enforcible in the same manner as such executions, shall be subject to the same defenses and rules governing such executions issued for paving or street improvements, and shall have and be a lien of equal dignity and rank; provided, however, that in cases of sales of real or personal property under the executions herein provided, the full title thereto shall pass, there shall be no right of redemption by the owner, but such sale shall be final and conclusive and the purchaser thereat shall be vested with the full title to the property sold and entitled to immediate possession. Sales under executions. Sec. 30. Be it further enacted, that the City Council of Cumming shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said city, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable, and shall provide penalties for engaging in the same without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Registration of business. Sec. 31. Be it further enacted, that the said city council shall upon qualifying for the term of office select and appoint a depository for all funds or monies belonging to the said City of Cumming, and in order to be valid such appointment shall be approved by a resolution of the council, or a majority of them, in meeting duly assembled, and said resolution shall be entered on the minutes of their proceedings. The clerk of said city shall, on every day except Sundays and legal holidays, deposit all money in his hands belonging to the city in said depository and file the record thereof. All monies or funds of the city so deposited in the city depository shall be checked out only upon vouchers signed by the city clerk, and countersigned by the mayor of said city, or such

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other councilman as may be designated by a resolution of the council in meeting duly assembled, and entered upon the minutes of their proceedings. Depository of city funds. Sec. 32. Be it further enacted that the City Council of Cumming shall have power and authority to require, compel, and make all persons, between the ages of twenty-one years and fifty years, subject to road duty under the laws of this State, resident in said city, to work on the streets of said city not to exceed eight days in each year, at such times as the city council may order; or to pay a commutation tax in lieu thereof, not to exceed four dollars in any one year, as said city council may determine. Should any person subject to work the streets of said city under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do from the chief of police or any member of the police force, he shall be deemed guilty of a violation of this section, and on conviction in the police court of said city shall be fined in the sum not exceeding ten dollars, or be punished by imprisonment in the guard-house or by compulsory labor on the streets in the chain-gang of said city not exceeding twenty days. Thirty days continuous residence in the corporate limits of said city, shall be sufficient to constitute a person a resident of said city, so as to subject him to liability to street work. The city council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this section. Street duty, commutation tax. Sec. 33. Be it further enacted, that the City Council of Cumming shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: For building, equipping, and maintaining waterworks, sewers and electric light system for said city and laying water-mains and sewers, paving, macadamizing, repairing, and improving the public sidewalks, streets, highways, and lanes, alleys, and crossings of the city, and for the purpose of building a city hall and any other public building and works, and making any other public improvements that may be needed for said city. Bond issue for public improvements, etc.

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Before proceeding towards the issuing of bonds for any of the above named purposes, the city council shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Before any bonds of said city shall be issued for any of the foregoing purposes, the City Council of Cumming shall, by appropriate resolutions or ordinances direct and provide that such bonds, shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinance call and provide for the holding of any election on the subject for published notice thereof, as provided by the constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before-stated purposes, as deemed expedient by said council; provided, always, that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of the State, vote in favor of issuing bonds at any election called for by said city council as hereinbefore provided, then and in such event said city council shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy, and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers, with all the qualities of commercial paper; and said city

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council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city, and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they were respectively issued. Sec. 34. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the city council of said city to provide a sinking-fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Sec. 35. Be it further enacted, that the City Council of Cumming shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinance for that purpose. Borrowing. Sec. 36. Be it further enacted, that the City Council of Cumming shall have full, complete, and exclusive control of the streets, alleys, sidewalks, parks, and squares of said city and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys, or sidewalks, and for widening, straightening, and grading or in any way changing the street line and sidewalks of said city; and when said city council desire to exercise the power and authority as to condemnations herein granted, it may be done whether the land to be condemned is in the hands of owner, trustee, executor, administrator, guardian, or agent, and shall be done in the manner prescribed in sections 2506-6235, inclusive, of the Code of Georgia of 1910, and the Acts amendatory thereof. The city council may abandon or discontinue such proceeding at any time upon payment of accrued cost. Streets, powers as to. (a) The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, or other obstruction or nuisance in the street, alley, lane, sidewalk, or other public places in said city, and to enforce the provisions of this section by appropriate

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ordinance, and assess the costs of same as hereinbefore provided. Removal of obstructions, nuisances. (1) That the City Council of Cumming is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, ways, lanes and other public places in the City of Cumming and to improve the same by paving, macadamizing and draining the same, whenever in its judgment the public convenience and welfare may require such improvements, subject to the limitation prescribed in this Act. Street improvements. (2) That wherever the said city council shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, way, lane, or any part thereof, within the limits of the City of Cumming, said city council shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consecutive issues of a weekly newspaper published and having a general circulation in the City of Cumming; and if a majority of the owners of the land liable to assessment to pay for such improvements of any such highway shall not, within fifteen (15) days after the last publication of such resolutions, file with the clerk of said city their protest in writing against such improvement, then said city council shall have power to cause said improvement to be made, and to contract therefor, and to levy assessments or liens provided for. Any number of streets, avenues, alleys, ways, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the city council for such improvement of any street or part of street, alley, way, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of

Page 1029

said city council to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such case the resolution hereinbefore mentioned shall not be required. (3) The lots, pieces, or parcels of land fronting and abutting upon both sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement; provided that the frontage of intersecting streets, ways, avenues, lanes, or alleys shall be assessed as real estate abutting upon the street, lane, alley, way, or avenue paved or otherwise improved, and the cost of such improvements at intersections shall be added to and become a part of the total cost of the improvements and be paid for pro rata based on the front footage of property abutting the improvements. (4) That whenever the petition provided for in paragraph three of this section is presented, or when the said city council shall have determined to pave or improve any street, avenue, lane, alley, way, or other public place, and shall have passed the resolution provided for in said paragraph three of this section, the said city council shall then have the power to enact all ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvements, and to cause to be put in and constructed all water or sewer pipe connections to connect with any existing water or sewer pipes in and underneath the streets, avenues, lanes, alleys, and ways and other public places where such improvements are to be made, and all costs and expenses for making such connections shall be taxed against such property and shall be included and made a part of the general assessment to cover the cost of such improvements, in addition to the basis of said lineal-foot frontage, if so determined by the appraisers hereinafter provided for. (5) That after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such

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improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city council shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said city council to proceed with the said improvement, stating the material to be used, and the manner of construction, and defining the extent, character, and width of improvements, and other such matters as may be necessary, to instruct the clerk of said city in the performance of his duties in preparing for such improvements the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said city council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said city council shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in the amount to be stated in such resolution for the maintenance of good condition of such improvement for a period of not less than five (5) years from the time of its completion or both, in the discretion of said city council. Said resolution shall also direct the city clerk of said city to invite sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall state the street, streets, or other public places to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such proposals shall be filed and when and where the same will be considered by said city council. Said notice shall be posted at the city hall and county

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courthouse and/or published in two (2) consecutive issues of a weekly newspaper of general circulation in the City of Cumming. At the time and place specified in such notice the city council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by said city council as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the city clerk with the plans and specifications; and the said city council shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory. (6) As soon as the said contract is let and the cost of [Illegible Text] improvement, which shall also include all other expenses incurred by the city incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said city council shall by resolution appoint a board of appraisers consisting of the mayor, the city clerk, and the chairman of the board of tax-assessors, to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten (10) days from the resolution appointing said board of appraisers, the said board of appraisers shall file a written report of the appraisal and assessment and apportionment of such expenses and cost to the several lots and tracts of land abutting on said street, alley, lane, way, or avenue or other public places so improved, with the city clerk in the manner and on the basis herein provided. When said report shall have been returned and filed, the said city council shall appoint a time for the holding of a session of the city council or shall designate a regular meeting of the city council for the hearing of any complaint or objections that may be made concerning the said appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing

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shall be published by the said clerk in at least two (2) consecutive issues of any weekly newspaper of general circulation in the City of Cumming, and said notice shall provide for the inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five (5) or more than ten (10) days from the last publication. The said city council at said session shall have power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same and to confirm the same either as made by said board of appraisers or as corrected by said council. Assessment in conformity to said appraisement and apportionment shall be payable in ten (10) equal installments, and shall bear interest at the rate of not exceeding seven per cent (7%) per annum until paid, payable in each year at such time as the several installments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that the rate of interest to be taxed shall not exceed one per cent (1%) over and above the rate of interest stipulated in the bonds herein provided for. Appraisement. Objections. Hearing. Assessment. (7) That the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October 1st of the following year. Said ordinance shall also provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty (30) days from the date of passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within

Page 1033

said period of thirty (30) days, to the treasurer of the City of Cumming, and receive their the lien of said assessment, which money so paid to the said treasurer shall be distributed pro rata between the contractor and the city in proportion to the respective interests. Installment payments. (8) That such special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien of assessment. (9) That the said city council, after the expiration of thirty (30) days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, bearing date fifteen (15) days after the passage of the ordinance levying the said assessments, and of such denominations as the said city council may determine, which bond or bonds shall in no event become a liability of the city council of the City of Cumming issuing same. One tenth in the amount of any such series of bonds, with the interest upon the whole series to date, shall be payable on the fifteenth day of October next succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding six per cent (6%) per annum from their date until maturity, payable annually, and shall be designated as street improvement bonds, and shall on the face thereof recite the street or streets or part of streets or other public places for the improvements of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by

Page 1034

the city, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, as shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses, by the said city council, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements, shall be sold or otherwise disposed of as the said city council shall direct. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates of registration by said clerk shall be endorsed upon each of said bonds. Street improvement bonds. (10) That the assessments provided for and levied under the provisions of this Act shall be payable by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of Cumming, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of said treasurer or clerk of the city, not less than thirty (30) days and not more than forty (40) days before the maturity of any installment of such assessments, to publish, in two (2) consecutive issues of a weekly newspaper published in the City of Cumming and having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and

Page 1035

that unless the same shall be promptly paid proceeding will be taken to collect said installment and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment with interest, and shall turn over the same to the marshal or chief of police of the City of Cumming or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvement; and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installment with interest, and also subject to the right of redemption so provided in sections 880, 1169, 1170, 1172 of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution is due, and stating what amounts he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the city marshal or chief of police, shall be returned to the superior court of Forsyth County, Georgia, and there shall be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the said treasurer or clerk to publish said notice of maturity of an installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Collection of assessments.

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(11) That no suit shall be sustained to set side any such assessment or to enjoin the said city council from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof, on any ground or for any reason other than for the failure of the city council to adopt and publish the preliminary resolution provided for in paragraph two of this section in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless suit shall be commenced within sixty (60) days after the passage of the ordinance making such final assessments; provided, that in the event any special assessments, shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said city council may at any time, in the manner provided for the levying an original assessment, proceed to cause an assessment to be made and levied, which shall have like force and effect as an original assessment. Suit to set aside or enjoin assessment. Reassessment. (12) That in all cases where the said city council shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, way, or other public place, which has been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized, or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said city council of said city the pavement is worn out and no longer serviceable. (13) That whenever the abutting-land owners of any street, alley, way, avenue, or lane of said city petition the said city council as herein set out, or said city council pass the resolution provided for in paragraph two of this

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section, for the pavement of any street, avenue, alley, way, or lane, or other public places, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for purposes of assessment; and where the State is the owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in behalf of the State, and where the county is the owner the chairman of the Board of County Commissioners of Forsyth County is authorized to sign in behalf of the county; and where the City of Cumming is the owner, the Mayor of Cumming is authorized to sign in behalf of the city. That the provisions of this section shall in nowise annual and void the other provisions under this charter of the City of Cumming in reference to paving within the City of Cumming, but the same shall be in addition to such provisions for the paving within said city and in all cases where street paving or repairing is contemplated on any street or highway in the city, in which mains, sewers, pipes, or electricwiring pipes are laid, or are to be laid, the city shall have the power to extend such mains, sewers, pipes, or electric-wiring pipes from the main line to the property line to thereafter avoid the necessity of tearing up the paving, to make house connections, and to assess and collect the cost of making such property-line extension against the property to which said assessments as the same are assessed in cases of street paving. Assessment of public property. Sec. 37. Be it further enacted, that the City Council of Cumming, in the name of the city, shall have full power and authority for or to condemn any land, pond, lake, dam, stream, or premises within or without the corporate limits of the City of Cumming whether private, public, or semi-public, for the purpose of establishing and maintaining a system of waterworks, sewerage, and electric lights, or any of them, for said city, or for the purpose of maintaining, extending, enlarging, or improving them or any form of them; or for any other corporate use or purpose; and for either or all of said purposes; provided, however,

Page 1038

that whenever the right to condemn such lands, pond, lake, dam, stream, or premises herein granted to be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in article 1, chapter 9, of the Code of Georgia of 1910, beginning with section 5206 thereof, and embracing all sections following the same having reference to condemnation of private property for public use, and as provided by Act amendatory thereof, and such other provisions of the Constitution and general laws of the State as may be applicable thereto. Sec. 38. Be it further enacted by the authority aforesaid, that the said city council shall arrange a fiscal year for said city, and shall adopt a budget system of finance for said city; and at the end of each fiscal year the books and fiscal affairs of said city shall be audited by some competent person employed by said city council, and a new budget prepared for the ensuing fiscal year, and the same shall be strictly adhered to under personal penalty on the part of said city council for any additional expenditures not carried therein; a copy of said audit and budget shall be spread on the minutes of said city council, and a copy thereof shall be published in the official organ of said city, said city council being hereby directed to select some paper in Forsyth County for the official organ of said city. Fiscal year, budget system, audit. Sec. 39. Be it further enacted that the City Council of Cumming shall have the power and authority to regulate by ordinance the speed at which automobiles, bicycles, and other vehicles of any description shall be driven through the streets, alleys, or public places of said city, and to prohibit the use of the public sidewalks of said city by other than pedestrians, and to regulate the size and weight of any truck, bus, or other vehicle driven on the streets of said city, and to punish violators of such rules, regulations, or ordinances as they may pass on the subject embraced in this section. Vehicles.

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Sec. 40. Be it further enacted, that the City Council of Cumming shall have power and authority to grant franchises, easements and rights of way over, in, under, on, or along the public streets, lanes, sidewalks, alleys, parks, and other property of said city, on such terms and conditions as they may fix by ordinance. And shall likewise have the right to regulate by ordinance or resolution any and all public service or utility corporations doing business in said city, in any manner not in conflict with the laws of Georgia or the United States. Franchise, etc. Sec. 41. Be it further enacted, that the City Council of Cumming shall have full and absolute power and authority to control by ordinance all city pipes, sewers, and drains, private drains, water-closets, privies, and the like in said city, and to prescribe their location, structure, and use, and to make rules and regulations and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said city. Sewers, drains, etc. Sec. 42. The City of Cumming, acting by and through its mayor and council, is hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve the system of sewerage and drains in said City of Cumming and assess any and all costs of the building, equipment, and maintenance of such sewerage and drains as may hereinafter be put in along the streets, alleys, or ways of said city against the abutting property and the owners thereof, according to the proportion that such abutting property bears to the entire cost of such sewerage thus put down, and also to provide for the enforcement and collection of such assessments against the abutting property and owners thereof by execution issued against such property and such owners. Said mayor and council shall have all power and authority to adopt by ordinance such system of equalizing assessments on real estate for the purpose above stated, as may be just and proper, estimating the total cost of each improvement thus made, and prorating the costs thereof on the abutting real estate and the owners thereof, according

Page 1040

to the proportion such abutting real estate bears to the whole costs of said improvements thus made, or according to the area or value of said real estate, either or all, as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said mayor and council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement upon the streets, ways, and alleys of said city, by execution issued by the city clerk against the real estate so assessed, and the owner thereof, for the amount assessed agaisnt the owner at the date of the ordinance making such assessment; which execution may be levied by the chief of police or the city marshal of said city on such real estate or other property owner by the owner thereof; and after advertising and other proceedings as in the case of tax sales under existing ordinances, or such as may hereafter be made as applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by the city and redemption by the owners as herein provided; provided, that all advertisements may be made in the official organ of said city, and provided, to any execution issued under provisions of this section the defendant shall have the right to file an affidavit of illegality in the same manner as is provided for the filing of affidavits of illegality to common-law judgments under the practice of the superior courts of said State, denying the whole or any part of the amount for which execution issued is due, and the reason why the same is not due, but any amount admitted to be due shall be paid before the affidavit of illegality is received, and said affidavit shall be received for the balance; and said affidavit so received, if filed to a levy upon personal property, shall be returnable for trial to the justice's court of the 879 district G. M., said County of Forsyth, when the principal amount of execution thus levied upon personalty does not exceed one hundred dollars, or, if levy upon real estate, then to the Superior Court of Forsyth County, Georgia, and there tried, and the issues

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determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. The lien for such assessments and the execution issued thereon on abutting property for such sewerage or drainage improvements, shall have the rank and priority of payment next in point of dignity to liens for taxes, as provided by the Constitution and laws of the State of Georgia, and the United States, and shall have priority over all executions and judgments and liens, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Said mayor and council shall have the power and authority to prescribe by ordinance such rules as they may in their discretion think necessary to establish, maintain, modify, extend and improve the system of sewerage and drains, or either, in said city, and assess any or all of the costs or expense against abutting property, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see proper; provided, however, that such notice shall be in writing referring to the improvements thus to be made, and it shall be served upon the abutting property owners at least fifteen days prior to the beginning of the improvement adjacent to such abutting property, which notice shall be served in person or left at the residence of such owner if a resident of said city, and if a non-resident then by due course of mail by letter addressed to such owner's last known address. Said mayor and council shall have the authority, in the name of said city, to issue executions for the full assessments against the abutting property and the owners thereof for all such sewerage or drainage improvements, and shall have authority to issue sewerage or drainage certificates, either or both, in the name of the city, in behalf of or payable to the sewerage or drainage contractor, or any other person, corporation, or concern, which certificates shall be made negotiable, and shall be issued in such denominations and payable at such times either for one year or for more than one year, in the discretion of council, to bear such rate of interest as may be determined

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by the council, interest to be payable annually or semiannually, and to be based upon executions issued against the abutting property and the owners thereof for such sewerage or drainage improvements aforesaid, and the City of Cumming shall have authority by its mayor and clerk, upon proper resolution adopted by council authorizing them so to do, to endorse such certificates, and guarantee the payment thereof, and shall have authority to negotiate such certificates, when issued, to contractor or contractors of such improvements, or parties furnishing material therefor, in settlement of such improvement, labor, or material, or to negotiate them to banks, trust companies, or other persons or parties having money to lend, and raise the money for purpose of paying for such improvements, and said city shall have authority to collect assessments for such improvements under such executions as may be issued by authority of said city, and use the money for the purpose of redeeming such certificates thus issued, and to prescribe the terms, the payment, rates of interest, and the time of payment of such executions and of such sewerage or drainage-improvements certificates either or both. Said city through its mayor and council shall have all other and necessary authority to fully establish, equip, maintain, extend, and improve either or all the system of sewerage and drains in said city, and to make assessments against the abutting property owners, issue executions thereon with special liens, and to provide the manner and form of enforcing the collection thereof, and all other necessary or desirable authority for successfully carrying out such sewerage or drainage improvements. Lien of assessment. Sec. 43. Be it further enacted, that the City Council of Cumming shall have full power and authority to declare what shall be deemed a nuisance in said city, and to provide for the abatement of the same. The police court of said city shall have concurrent jurisdiction with the city council with respect to the trial and abatement of nuisances in said city. Nuisances. Sec. 44. Be it further enacted, that the City Council of Cumming shall have full power and authority to own, construct,

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extend, enlarge, operate, and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks and a system of electric lights, whenever they may consider it expedient, to make rules and regulations regarding the use of same, and fixing prices and rates. Waterworks, electric lights. Sec. 45. Be it further enacted, that the City Council of Cumming shall have power and authority to adopt any and all ordinances, rules and regulations necessary to lay out a fire district in said city, and to enlarge, change, and modify the same from time to time; to prescribe how and of what material buildings within said district may be constructed and erected, how thick walls shall be, the manner in which chimney flues, and stove pipes shall be constructed; and to make such rules, regulations, and requirements as they may deem necessary to so far as possible protect said city from fire or to prevent or stop conflagration. Fire regulations. Sec. 46. Be it further enacted, that it shall be the duty of the City Council of Cumming, to provide such fire protection for said city as in their discretion said city can afford, or is able to support, and to this end shall have power and authority to organize, equip, and support a fire department, volunteer or paid, and to make such appropriations therefor as may be deemed advisable, providing needed buildings and equipment therefor; and to adopt and prescribe such ordinances and regulations as will best promote the objects of this section and afford protection from fire or conflagration to property in said city. Fire department. Sec. 47. Be it further enacted, that the City Council of Cumming shall have power and authority to make and enforce all ordinances necessary and precautionary for the prevention of any contagious or infectious disease or the spreading or communicating thereof; to declare, maintain, and enforce quarantine rules and regulations in regard thereto, and to punish any violations of any of said rules or regulations. They shall have power to build or establish or maintain and exercise police powers, offer a pest-house

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within or without the limits of said city; and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pest-house of any person or persons who have smallpox or other contagious or infectious diseases, when in their wise and humane judgment it is best for the general welfare and health of said city. They shall have power to compel all persons in said city, whether residents or so-journers to be vaccinated, and may provide vaccine virus and employ physicians at the expense of said city to vaccinate all persons who are unable to procure vaccination, and may by ordinance provide punishment for persons failing or refusing to be vaccinated; and in the same manner provide for inoculation against typhoid fever and other diseases. Said mayor and council shall have authority in their discretion to establish and put in operation a board of health to function in all manner as is usual to a board of health, to pass ordinances and regulations prescribing penalties for violation of same. Health regulations. Sec. 48. Be it further enacted, that the City Council of Cumming shall have power and authority to their discretion to acquire by gift, purchase, or otherwise, on behalf of said city, land or ground suitable for a park or parks for the use of the public and as may be in their judgment to the health, interest, and welfare of the citizens of said city. They shall have power and authority to improve, beautify, and keep up the same, and to this end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect, and keep the same in order. Parks, etc. Sec. 49. Be it further enacted, that the City Council of Cumming shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade-trees on the streets, public places, and parks in said city, and to prevent the cutting, impairing and mutilating thereof by telephone or telegraph companies or employees or by other persons unless the same is done under and with the express and formal consent of the city council or some

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officer appointed by them to direct the same, and then only when absolutely necessary. Trees. Sec. 50. Be it further enacted, that the City Council of Cumming shall prescribe by ordinance how and by whom purchases for supplies, materials, and other necessary articles for said city and any department thereof shall be made or contracted in behalf of said city, and no purchase made in any other manner or by any other person than as prescribed in such ordinance shall be valid or binding on said city. Purchase of supplies, etc. Sec. 51. Be it further enacted that in case the mayor or any councilman while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct un-becoming his station or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council, or by the alderman composing the council in case of the mayor and upon conviction by not less than three (3) votes shall be removed from office. Malpractice by mayor, councilman. Sec. 52. Be it further enacted, that the City Council of Cumming, shall have power and authority to remove inmates or occupants or lewd or disorderly houses in the City of Cumming, and they shall have power and authority to provide by ordinance a penalty for the use of profane, vulgar, or obscene language, and to punish lewd and disorderly conduct within the limits of said city, and to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, and securing of said city and the inhabitants thereof. Lewd and disorderly conduct. Sec. 53. Be it further enacted, that all ordinances, bylaws, rules and regulations heretofore adopted by the Mayor and Council of the Town of Cumming, which are now in force and not inconsistent with, or repugnant to any provision of this Act shall remain in full force and effect under this charter until repealed, altered, or amended by the City Council of Cumming. Laws of force.

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Sec. 54. Be it further enacted, that the recitals in deeds, under a sale for muncipal taxes or assessments in said city shall be evidence of the facts as recited, in any court in this State, and shall be taken as prima facie true. Recitals in deeds. Sec. 55. Be it further enacted, that the City Council of Cumming shall have power and authority to adopt a code of ordinances, and to amend and repeal the same or any part thereof. Power as to ordinances. Sec. 56. 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 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. Invalidity of part of Act. Sec. 57. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive; but the City Council of Cumming 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. Powers not enumerated. Sec. 58. 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 28, 1935.

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DAHLONEGA CITY COMMISSION REFERENDUM. No. 321. An Act to amend the Act reincorporating the City of Dahlonega, approved December 14, 1899, and amendatory Acts thereof, by abolishing the mayor and council and establishing in lieu thereof a board of three commissioners; to prescribe the manner of election, qualifications, jurisdiction, powers, duties and compensation of said commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act; Section 1. That the offices of Mayor and Alderman of the said City of Dahlonega, created by the charter of said city now in force, are hereby abolished, and all laws creating such offices of mayor and aldermen of said city, and defining the duties and authorities pertaining thereto, are hereby repealed, in so far as said duties are vested in the mayor and aldermen, and the duties and authorities heretofore vested in the mayor and aldermen shall hereafter be vested in the Commission of the City of Dahlonega. Commission form of government. Sec. 2. That said municipal corporation known as the City of Dahlonega, shall hereafter be governed and managed by a commission composed of three commissioners as hereinafter provided. Sec. 3. The commission shall consist of three citizens who shall have been citizens of said city for at least one year next preceding their election and appointment. Each commissioner must be at least 25 years of age. Said commission shall have all the powers and authority which heretofore belonged to the mayor and aldermen of said city prior to the passage and approval of this Act, except as may be hereinafter provided. The commission shall have in addition to the powers which formerly belonged to the mayor and council, all the powers and authorities as in this Act shall be given it. The commissioners of said city shall

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be elected from the city at large without regard to the wards of said city. Membership of commission. Sec. 4. Roy E. Phillipson, G. H. Westmoreland and H.T. Burns are hereby named as the commissioners, constituting the commission of said city of Dahlonega to serve from the passage and approval of this Act, provided they qualify in the manner hereinafter prescribed for qualifying as commissioner of commissioners elected, within five days from the passage and approval of this Act, they to exercise all the powers and perform all the duties of commissioners of said city thereafter elected under the provisions of this Act. That the commissioners herein named shall immediately after their qualification and taking over the duties as such commissioners, elect one of their number, as mayor to serve in that capacity until January 1, 1936, with all the powers and duties hereinafter conferred on the mayor of said city. Commissioners named. Mayor. Sec. 5. On the regular election as now provided for in the charter of said city to be held on the third Saturday in December, 1935, three commissioners shall be elected at said election to be held and managed in the same manner as the mayor and aldermen have heretofore been held and managed, provided they shall qualify as candidates for said commission in the manner hereinafter provided. The candidate receiving the highest number of votes shall be declared elected for a term of three years; the candidate receiving the second highest number of votes shall be elected for a term of two years, and the candidate receiving the third highest number of votes shall be declared elected for a term of one year; should two candidates receiving the highest number of votes be tied, they shall determine by lot which shall serve for three years and which shall serve for two years; should two candidates tie for second highest number of votes, they shall likewise determine by lot which shall serve for two years, and which for one year. Should any three candidates tie for the highest number of votes, they shall determine by lot which shall serve for three years, which for two years and which for one year. Election of commissioners.

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Sec. 6. The successors to each of said commissioners thereafter to be elected shall be elected for a term of three years, so that one commissioner shall be elected each year thereafter for a term of three years. Successors, election, term. Sec. 7. No person shall be voted for at such elections unless such candidate or candidates are nominated by a petition signed by at least 35 persons, for each candidate, whose name shall appear on the last registration list of qualified voters of said city, and said petition filed with the city clerk at least 10 days before the election. Qualifications. Sec. 8. All commissioners hereinbefore provided for, shall before entering upon the discharge of their duties as such commissioners take and subscribe before some Judge, Justice of the Peace, Ordinary or Clerk of the Superior Court, the following oath, which shall be entered on the minutes of the commission: Oath. I do solemnly swear that I will faithfully demean myself as a Commissioner of the City of Dahlonega during my continuance in office, that I will discharge the duties of the office to the best of my ability, that in the enactment and revision of all legislation I will have due regard for the charter of the City of Dahlonega, the Constitution and laws of the State of Georgia, and of the United States of America; that in helping to manage the affairs of said city I will act to the best of my ability, to the best interest of said city, and the citizens thereof. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the City Government, or on the passage or adoption of any ordinance before the commission, to be influenced by fear, favor, affection, reward or hope thereof, but that in all things pertaing to my said office I will be governed by my conviction as to do the public good. So help me God. Sec. 9. That the commissioners to be elected on the 3rd Saturday in December, 1935, shall qualify and take office on January 1, 1936. Time of election.

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Sec. 10. That the election for commissioners herein provided for shall be held and managed as now provided for the election of mayor and aldermen. That said managers of said elections shall count the ballots and report the result of said elections to the commissioners of said city, whose duty it shall be to declare the result of the election to be held on the 3rd Saturday in December, 1935, declaring the three candidates receiving the highest number of votes to be elected for their respective terms as hereinbefore provided; on all future elections, declare the candidate receiving the highest number of votes to be elected for a term of three years. Conduct of election. Sec. 11. The city commission thus elected, shall immediately after taking office and subscribing to the oath, elect one of their number, at their first meeting, as mayor of the City of Dahlonega, and to hold the title of mayor for a period of one year; a successor shall be elected by the commission at the first meeting each year thereafter, after the qualification of the newly elected member, for a term of one year. The mayor shall have no more authority than either of the other commissioners, except he shall approve the minutes of such meetings of the commission, shall act as mayor of said city upon all ceremonial occasions, and shall have such other authorities as are hereinafter provided, and shall be an ex-officio member of all boards of which the mayor of said city is now an ex-officio member. Mayor. Sec. 12. The city commission thus elected and organized shall have all the power and authority now vested in the mayor and aldermen of said city, as a legislative body, to pass all ordinances for the Government of said city, fix the tax rate, license fees, elect such officers as are now elected by the mayor and aldermen and do and perform all other necessary work of a legislative character for said city and to manage the business affairs thereof. Powers of commission. Sec. 13. That the salary of each commissioner shall be $24.00 per annum, and he shall receive no other remuneration therefor. Salary.

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Sec. 14. That said commission are hereby authorized to elect such officers of said city as the mayor and aldermen are now authorized to elect. Elections by commission. Sec. 15. That said commission shall prescribe by ordinance, the time and place of their regular meetings, which shall be not less than once each month, with authority to meet regularly each week, at such time and place and on such stated days of the week as may be prescribed, except that January 1st of each year shall be a regular annual meeting, unless the first day of January shall fall on Sunday, the January the 2nd shall be such regular meeting. Meetings. Sec. 16. Should any vacancy occur on said commission, the two remaining members are hereby authorized to elect another competent person to fill said vacancy until his successor is elected at the next regular election and qualifies as such commissioner for the unexpired term. Vacancy. Sec. 17. The name of the mayor's court of said city is hereby changed to Recorder's Court, with all the power, authority and jurisdiction heretofore conferred on the mayor's court reserved to said recorder's court, and W. A. Housley is hereby designated as the recorder to preside over said court and discharge the duties as the judge thereof in the same manner and with the same authority as the mayor has heretofore presided over the mayor's court, to assess fines and punishments and enter up judgments for violations of the ordinances of said city, and to forfeit bonds when lawful. Said W. A. Housley shall serve as such recorder until January 1, 1936, and until his successor is elected and qualified as hereinafter provided, at a salary of $5.00 per month. Recorder's court. Sec. 18. At the first meeting of the commission on January 1, 1936, and each year thereafter, and after the organization thereof, said commission shall elect a recorder to preside over the Recorder's Court for a period of one year, and until his successor is elected and qualified, at a salary of $60.00 per year, to be paid monthly or annually as shall be fixed by said commission, and he shall receive no part of

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costs in cases tried, but such costs shall become part of the general funds of said city: provided that the costs heretofore paid the officer making the arrest and case, shall not be disturbed. Sec. 19. The recorder of said city shall be at least 25 years of age and a resident of said city. Sec. 20. If the recorder is disqualified to preside in any case, then the mayor of said city shall preside over said recorder's court, and should the mayor be disqualified, then any member of the commission shall preside in said court in any such disqualified case. Sec. 21. Should any person named as a commissioner in this Act to serve until January 1, 1936, or the recorder named herein, fail or refuse to qualify within five days then the Governor of Georgia is hereby authorized and empowered to appoint some person or persons to fill such vacancy or vacancies. Vacancy. Sec. 22. That all commissioners of said city shall be qualified voters and taxpayers of said city. Commissioners to be taxpayers, etc. Sec. 23. Ordinances now of force in said city shall not be affected by this Act, except when any such ordinance shall be in conflict with the provisions hereof it shall be void. Ordinances. Sec. 24. Be it further enacted by the authority aforesaid, that there shall be a referendum on said Act, to determine as to whether the provisions of this Act shall be effective, which said referendum shall be held according to the provisions hereinafter made. Referendum as to adoption of Act. Sec. 25. Be it further enacted by the authority aforesaid, that an election shall be called by the Mayor and Council of Dahlonega, which said election shall be advertised in the official county paper of Lumpkin thirty days before said election, which said advertisement shall run at least in four issues of said paper, and said advertisement shall give the date of election, the place of voting, and the hours during which said election shall be held.

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Sec. 26. Be it further enacted, that said election shall be held on the first Tuesday in May, 1935, shall be at the expense of the City of Dahlonega, shall be held at the usual place of voting in said city in the elections for Mayor and Council for Dahlonega; and there shall be used printed ballots with the following printed thereon: For ratification of law abolishing Mayor and Council of Dahlonega, and Against ratification of law abolishing Mayor and Council of Dahlonega. The said ballots shall be counted and the election shall be determined by the highest number received, and if there are more votes for ratification, then said bill shall be of effect, and if there are more against ratification, then said bill shall be of no effect. Sec. 27. Be it further enacted by the authority aforesaid, that no one shall be allowed to vote in said election whose name does not appear upon the last registration list for general election of Mayor and Council in the City of Dahlonega. Sec. 28. Be it further enacted by the authority aforesaid, that the said election shall be presided over by three freeholders, and three clerks, who shall be sworn by the Mayor of Dahlonega, to hold said election impartially. Sec. 29. Be it further enacted by the authority aforesaid, that nothing in this referendum shall be construed to prevent this law becoming effective immediately upon its passage; but said law shall become effective immediately upon its passage; and if said election is declared to be against ratification, then this provision of this bill shall cease to be effective on the 10th day of December, 1937. Sec. 30. Be it further enacted, that the repealing clause of the Act shall be numbered as section 32, instead of section 24. Section number. Sec. 31. Be it further enacted by the authority aforesaid, that should any part of this law be declared unconstitutional, the other sections shall not be affected. Invalidity of part of Act.

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Sec. 32. All laws and parts of laws in conflict with this Act are hereby repealed. Section 29 of this Act is in direct conflict with section 26 of this same Act. Section 29 of this Act is unconstitutional and of no effect. Approved accordingly, Qualified approval of Act. EUGENE TALMADGE, GOVERNOR. March 25, 1935. DEARING REGISTRY OF CANDIDATES. NO. 385. An Act to amend an Act entitled An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same, and for other purposes, approved August 13, 1910 (Georgia Laws of 1910, pages 583-596, inclusive), and all Acts amendatory thereof, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after passage of this Act, that an Act entitled, An Act to incorporate the Town of Dearing, in McDuffie County, and to provide a municipal government for the same; and for other purposes, approved August 13, 1910 (Georgia Laws of 1910, pages 583-596 inclusive), and all Acts amendatory thereof, be and the same is hereby amended, as follows: By adding a new section to be known as Section 4-A, and to read as follows: Section 4-A. Be it further enacted by the authority aforesaid that all candidates for mayor or councilman shall be required to register his or her name with the clerk of council at least ten (10) days before the election for said mayor and council, and said candidates shall be required to indicate whether he desires to run for mayor or councilman. Should any candidate fail to indicate which office he is seeking, or should any candidate indicate that he is seeking the office of both mayor and councilman, then said candidate shall

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not be allowed to run in said election, and the clerk shall be prohibited from placing said person's name upon the ballots, and any votes cast, or attempted to be cast for said person, for either of said offices, shall not be counted. All laws and parts of laws in conflict with this section, and any part of the present charter of the Town of Dearing in conflict with this section are hereby repealed, in so far as said conflict is concerned. New section. Registration of candidates. Sec. 2. Be it further enacted, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 28, 1935. DECATUR CHARTER AMENDMENTS. NO. 261. An Act to amend an Act, approved August 17th, 1909, providing a new charter for the Town of Decatur, in the County of DeKalb, and Acts amendatory thereof, so as to change the time for closing the registration books of the City of Decatur before elections; to provide that any person desiring to offer for election as commissioner of said city shall file notice of his candidacy with the city manager of said city at least fifteen (15) days before the regular election; and to require that any petition for the recall of any elective officer of said city shall plainly and distinctly specify the charge or charges preferred against the officer sought to be recalled; to repeal all 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, an Act approved August 17th, 1909, providing a new charter for the Town of Decatur (now the City of Decatur) be, and the same is, hereby amended by striking from said Act the entire section 9 of said Act, and substituting in lieu thereof the following, to be known as section 9 of said Act,

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to wit: Be it further enacted that it shall be the duty of the clerk of said city to open and keep open each and every day (Sundays and legal holidays excepted), during such hours as the city commission may prescribe, a book for the registration of the qualified voters of said city, except that said registration book shall be fairly and absolutely closed ten (10) days before any general election for commissioners of said city. It shall be the duty of the clerk, upon application in person, and not by proxy, of any citizen who is a qualified voter for members of the General Assembly of Georgia, and who upon the day of election, if then a resident of said city, shall then have resided in the State of Georgia for twelve months, in the County of DeKalb for six months and in the City of Decatur for three months prior thereto, to allow such person to register his or her name and color, recording on said book beside the applicant's name, his or her age, occupation or business, and the street and number thereon in said city on which he or she resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so and shall in every case before registering the applicant administer to him or her the following oath. You do solemnly swear that you are a citizen of the United States and of the State of Georgia; that you have resided in said State for twelve months, in this County for six months and in the City of Decatur for three months next preceding this registration, or that by the date of the next city election, if then a resident, you will have so resided, and that it is your intention to remain a resident until said day of election; that you are twenty-one years of age, or will be so prior to said day of election; that you have paid all poll taxes that you may have had an opportunity of paying agreeably to law, except taxes for this year, so help you God. Substituted section 9. Registration of voters. It shall be the duty of the clerk of said city to prepare a list of the names of voters registered, after it has been purged by the city commission, in alphabetical order, and furnish the managers of the election at each voting precinct

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with a complete list of the registered voters, in alphabetical order, certified under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall not permit any one to vote in said election whose name does not appear thereon, and when said election is over, it shall be the duty of said managers to return said lists to the clerk, to be by him safely kept and preserved. The registration for white and colored shall be made out separately. For any intermediate or special election in said city for any purpose, the clerk shall open the registration book at least thirty-five days before the date fixed for such election and shall close the same ten days before the day of election, and prepare and furnish the registration book lists as hereinbefore provided. Notice of the opening of the registration book for all special elections shall be given in such manner as the city commission shall prescribe, at least twenty days before the closing thereof. Should the name of any person qualified to vote in any election, and who registered therefor with the clerk in due time and form, be accidentally omitted from the registration lists furnished the managers of said election, the clerk of said city may certify under his official signature and seal to such accidental omission to place his name on the lists, and that he is and was duly and legally registered in due time and form before the registration books were closed, and thereupon and by filing said certificate with the managers, such person shall be allowed to vote. Any person voting in any election held in said city, who is not qualified to vote therein, under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting.

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After said registration books are closed, and prior to the day of any election for which said registration is had, the city commission shall examine, revise and purge said lists, as made up and returned to it by the clerk, of all illegally registered voters or persons disqualified from voting for any lawful reason, Provided , that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified at least 12 hours before final action thereon by the city commission, that such person may show cause, if any, why such action should not be taken. Sec. 2. Be it further enacted by the authority aforesaid, that an Act amending the charter of the Town of Decatur (now the City of Decatur) in the County of Dekalb, approved August 16th, 1920, and appearing on page 949 of the Acts of the General Assembly of Georgia of 1920, be, and the same is, hereby amended by inserting after the word clerk in the seventh line of section 36, the following, and shall plainly and distinctly specify the charge or charges preferred against the officer sought to be recalled; so that said section 36, when amended, shall read as follows: Section 36. Be it further enacted by the authority aforesaid, that any elective officer of the city shall be subject to a recall election at any time after six months of his term has expired. The petition for the recall election must be signed by twenty-five per cent of the qualified voters of the city as shown by the list of registered voters kept by the city clerk; and shall plainly and distinctly specify the charge or charges preferred against the officer sought to be recalled. The election must be held within thirty days of the filing of the petition, the date to be fixed by the governing body, unless a regular election occurs within sixty days, in which case the voters shall vote on the recall at the regular election. In either case there shall be a special ballot containing the name of the officer, the position which he holds, and the dates of the beginning and termination of his official term. Below the name of the officer shall be the two phrases, For the recall, and Against the recall, one below the other,

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with a space after each for the placing of a cross where desired. If a majority of the ballots and at least thirty-three per cent of the registered voters show a vote for the recall, the office in question shall be thenceforth vacant. Section as amended. Recall of officer. Specification of charges. If an officer is recalled as provided above, he shall not be eligible for re-election at the special election to be called for filling the vacancy thus created. He shall be eligible for re-election when the term for which he was originally elected shall have expired. If a recall election results in failure to secure a majority of votes in favor of the recall, the officer in question shall not again be subject to a recall election until after the expiration of a year from the time at which the first recall election was held. Vacancies created by a recall election shall be filled in the same manner as is provided for the filling of vacancies in the governing body due to other causes. Sec. 3. Be it further enacted by the authority aforesaid, that, an Act amending the charter of the Town of Decatur (now the City of Decatur) in the County of DeKalb, approved August 16th, 1920, and appearing on page 949 of the Acts of the General Assembly of Georgia of 1920, be, and the same is, hereby amended by enacting a new section to said Act to be inserted between section 4 and section 5 of said Act, and to be known as section 4(a), which shall read as follows: Be it further enacted that any person desiring to become a candidate for an office of the City of Decatur shall file notice of his or her candidacy, either in person or by three friends, with the city manager of said city, at least fifteen days before any election for the selection of commissioners for said city, and unless such notice is filed the name of such candidate shall not be placed upon the ballot at said election. New section. Notice of candidacy. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be repealed and they are hereby repealed. Approved March 22, 1935.

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DECATUR ELECTION BALLOTS. No. 262. An Act to amend an Act, approved August 17th, 1909, providing a new charter for the Town of Decatur, in the County of DeKalb, and Acts amendatory thereof, so as to change the form of ballot used in holding elections in said town; to repeal all 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, an Act approved August 16th, 1920, amending the charter of the Town (now City) of Decatur, and to be found on page 949, of the Acts of the General Assembly of 1920, section 35 of said Act be, and the same is, hereby stricken from said Act, and the following is substituted therefor, to be known as section 35, to wit: Section 35. Be it enacted by the authority aforesaid, that the manner of holding elections in and for said city shall be the same as prescribed by the present charter of said city, except in so far as the same may be modified by the general law of the State in reference to elections in an Act approved August 21, 1922, and to be found on page 97, of the Acts of the General Assembly of 1922; provided that no candidate for commissioner of said city shall be declared elected unless such candidate shall receive a majority of all the votes cast in such election, and, in case not enough candidates receive a majority of the votes cast to elect the required number of officers to be chosen at said election, there shall be held a second election within, not earlier than ten days, nor later than 30 days, the date to be fixed by the governing body of said city, at which election a number of the candidates equal to twice the number of offices still to be filled receiving the highest number of votes in the first election shall be voted for, all other candidates being eliminated, and the candidate, or candidates, in case more than one office is still to be filled, receiving a majority of the votes cast shall be declared elected. Substitute for section 35.

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Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be repealed, and they are hereby repealed. Approved March 22, 1935. DECATUR WATER AND SEWER CONNECTIONS. No. 248. An Act to amend an Act approved August 17, 1909, providing a new charter for the Town of Decatur, in the County of DeKalb, and the Acts amendatory thereof, so as to authorize said Town of Decatur (now City of Decatur) to enter into contracts with other cities or towns to supply said City of Decatur with water and/or sewer connections, and to authorize said city to enter into contracts with other towns to supply such cities or towns with water and/or sewer connections; to repeal all 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 City of Decatur shall have power and authority to enter into contracts with other cities or towns to furnish said City of Decatur with an adequate supply of good and pure water for the use of said city for any and all municipal purposes, and also for the use of the citizens of said city for all domestic purposes; and to fix in such contract or contracts such price or sum to be paid for the supply of water for the City of Decatur and its citizens, as may be agreed upon between the City of Decatur and such town or city; and to stipulate in said contract or contracts all of the terms and conditions upon which such supply or supplies of water are to be furnished to said City of Decatur for municipal purposes and for the domestic use of its citizens. Power to contract with other city for water supply. Sec. 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the City

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of Decatur shall have power and authority to enter into contracts with other cities or towns to furnish such other cities or towns with an adequate supply of good and pure water for the use of such other city or town for any and all municipal purposes, and also for the use of the citizens of such city or town for all domestic purposes; and to fix in such contract or contracts such price or sum to be paid for the supply of water to be furnished such other town or city and its citizens, as may be agreed upon between the City of Decatur and such town or city; and to stipulate in said contract or contracts all of the terms and conditions upon which such supply or supplies of water are to be furnished to such city or town for municipal purposes and for the domestic use of its citizens. Sec. 3. Be it further enacted by the authority aforesaid, and it is hereby enacted, that, from and after the passage of this Act, the City of Decatur shall have power and authority to enter into contracts with other cities or towns to furnish said City of Decatur with sewer connections and sewer facilities for the disposal of the sewage of said City of Decatur; and to fix in such contract or contracts the price or sum to be paid for such sewer connections and sewer facilities for the disposal of the sewage of said city, as may be agreed upon between the City of Decatur and such other town or city; and to stipulate in said contract or contracts all of the terms and conditions upon which such sewer connections and sewer facilities shall be furnished to said City of Decatur. Power to contract with other city as to sewage. Sec. 4. Be it further enacted by the authority aforesaid, and it is hereby enacted, that, from and after the passage of this Act, the City of Decatur shall have power and authority to enter into contracts with other cities or towns to furnish such other cities or towns with sewer connections and sewer facilities for the disposal of the sewage of such other cities or towns; and to fix in such contract or contracts the price or sum to be paid by such other cities or towns for such sewer connections and sewer facilities for the disposal of the sewage from such other

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cities or towns, as may be agreed upon between the City of Decatur and such other cities or towns; and to stipulate in said contract or contracts all of the terms and conditions upon which such sewer connections and sewer facilities shall be furnished to such other cities or towns. Sec. 5. 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 repealed, and they are hereby repealed. Approved March 22, 1935. EASTMAN ELECTION CANDIDATES. NO. 147. An Act to amend an Act approved August 6, 1921, which Act creates a new charter for the City of Eastman, as amended by the Acts approved August 15, 1922, August 15, 1927, August 19, 1927, so as to provide that all candidates, or persons desiring to become candidates for office of councilman of said city, shall be qualified voters of the City of Eastman, shall be required to file notice of such candidacy with clerk of the council at least ten (10) days before election, shall deposit the sum of five ($5.00) dollars with said clerk, to be used to defray expenses of election, and that no person shall be declared elected or hold office of councilman who fails to comply with said requirements; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That an Act approved August 6, 1921, which Act creates a new charter for the City of Eastman, as amended by Acts approved August 15, 1922, August 15, 1927, August 19, 1927, is hereby amended by adding to section 5 thereof, as said section is amended by Act approved August 15, 1922, the following, to wit: Provide that all candidates, or persons who desire to become candidates for the office of councilman, shall be registered qualified voters of the City of Eastman, and shall

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be required to file notice of their candidacy with the clerk of the council at least ten (10) days before the date fixed for holding the election, which notice shall be filed by noon of the tenth (10th) day preceding the election, and at the time of filing said notice such candidate shall deposit with said clerk the sum of five ($5.00) dollars to be used to defray the expense of holding such election, and no candidate or person shall be declared elected or hold the office of councilman who fails to comply with these provisions. Notice and deposit by candidate. Said section 5 of said Act when so amended shall read as follows, to wit: Section as amended. Section 5. On the third Wednesday in November 1922, there shall be held an election for two councilmen, who shall hold office for a period of one year from January 1, 1923, and who shall succeed in office the two councilmen whose terms expire on December 31, 1922; on the third Wednesday in November, 1923, there shall be held an election for five councilmen, who shall serve for a period of one year each. Thereafter, on the third Wednesday in November of each year an election shall be held for five councilmen, all of whom shall be elected for terms of one year each. All present councilmen of the City of Eastman shall hold office during the term for which they were elected and chosen. Said elections above provided shall be held under and according to the present laws of the City of Eastman. Should a vacancy occur in the council by death, resignation or otherwise the remaining members of the council shall elect some fit and proper person to fill such vacancy until the next regular election. Provided that all candidates or persons who desire to become candidates for the office of councilman, shall be registered qualified voters of the City of Eastman, and shall be required to file notice of their candidacy with the clerk of the council at least ten (10) days before the date fixed for holding the election, which notice shall be filed by noon of the tenth (10th) day preceding the election, and at the time of filing said notice such candidate shall deposit with said clerk the sum of five ($5.00) dollars to be used to defray the expense of holding such election,

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and no candidate or person shall be declared elected or hold office of councilman who fails to comply with these provisions. Sec. 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. EASTMAN SALES OF PROPERTY. NO. 146. An Act to amend an Act approved August 15, 1922, which amended an Act creating a new charter for the City of Eastman so as to amend said Act by striking from line sixteen of new section 65, the same being a part of section 3 of the Act approved August 15, 1922, the words No real estate or real property, and by inserting in lieu thereof the words, The waterworks, lighting plant and equipment, and/or other municipally owned utilities, parks, or other property used for public purposes, and by adding at the end of said new section 65 the following: Provided, that the provisions of this section shall not apply to sale and conveyances by the city of property bought in by the city at tax sales or paving assessment sales, or to other real estate to be sold and conveyed by said city, which sales and conveyances shall be made in the manner now provided in section 81 of the Act 1921, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 15, 1922, which amended an Act creating a new charter for the City of Eastman be amended by striking from the sixteenth line of new section 65, being a part of section 3 of the Act approved August 15, 1922, of said amending Act the words No real estate or real property, and by inserting and substituting in lieu thereof the words The waterworks, lighting plant and equipment, and/or other municipally owned

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utilities, parks, or other property used for public purposes, and by adding at the end of said new section 65, the same being a part of section 3 of the Act approved August 15, 1922, the words, Provided that the provisions of this section shall not apply to sales and conveyances by the city of property bought in by the city at tax sales or paving assessment sales, or to other real estate to be sold and conveyed by said city, which sales and conveyances shall be made in the manner now provided in section 81 of the Act of 1921, so that when amended said new section 65 shall read as follows, to wit: The waterworks of said city shall remain the property of said city, under the supervision of its municipal authorities and shall not be sold or leased to any person, persons, firm, or corporation, unless by authority conferred by a majority vote of the qualified voters of said city voting in an election to be held for that purpose. Said election to be called by the city manager, after resolution voted by the council authorizing said city manager to call such election, and providing for said election to be held. Said election to be held in the manner prescribed for holding elections in the City of Eastman, and to be held any time after giving thirty days notice of the call for election, the time and place of holding such election, said notice to be published once a week for four weeks immediately preceding said election in some newspaper published in said city. The waterworks, lighting plant and equipment, and/or other municipally owned utilities, parks or other property used for public purposes belonging to the City of Eastman shall not be sold except under authority conferred by a majority of the qualified voters of said city voting in an election to be held for that purpose, said election to be held in the same manner and according to the same rules above prescribed for the lease or sale of the waterworks of said city. Provided, that the provisions of this section shall not apply to sales and conveyances by the city of property bought in by the city at tax sales or paving assessment sales, or to other real estate to be sold and conveyed by said city, which sales and conveyances shall be made in the manner now provided in section 81 of the Act of 1921. Section as amended. Sale of public property.

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Sec. 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1935. ELBERTON UTILITY EXTENSIONS. NO. 89. An Act to amend an Act approved February 22, 1933 (Georgia Laws of 1933, pages 940-941), amending the charter of the City of Elberton, and the several Acts amendatory thereof, by striking from the sixth, seventh, eighth and ninth lines of section 1 of said Act the words for a distance of not over five (5) miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established, and inserting in lieu thereof the following words, to any point within the territorial limits of Elbert County, Georgia; and also by striking from the seventh, eighth and ninth lines of section 2 of said Act the words, 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, and inserting in lieu thereof the following words, to any point within the territorial limits of Elbert County, Georgia, so as to authorize the City of Elberton to construct, maintain and operate its water, sewerage, electric-light and power-lines to any point within the territorial limits of Elbert County, Georgia, and 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; and for other purposes. Section 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 22, 1933, amending the charter of the City of Elberton (Georgia Laws of 1933, pages 940-941), be and the same is hereby amended by striking from the sixth, seventh, eighth, and ninth lines

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of section 1 of said Act the words, for a distance of not more than five (5) miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established, and inserting in lieu thereof the words, to any point within the territorial limits of Elbert County, Georgia, so that said section as hereby amended shall read as follows: Sales tax on convict made goods. Section 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 to extend, construct, maintain, and operate its water, sewerage, electric-light and power-lines and systems to any point within the territorial limits of Elbert County, Georgia; 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. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, that An Act, approved February 22, 1933, amending the charter of the City of Elberton (Georgia Laws of 1933, pages 940-941), be and the same is hereby amended by striking from the seventh, eight and ninth lines of section 2 of said Act the words, 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, and inserting in lieu thereof the following words, to any point within the territorial limits of Elbert County, Georgia, so that said section as amended hereby shall read as follows: 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

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within the corporate limits of said city, and without the corporate limits of said city to any point within the territorial limits of Elbert County, Georgia. Sec. 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 7, 1935. FITZERALD CHARTER AMENDMENTS. NO. 296. An Act to amend an Act amending and revising the Charter for the City of Fitzerald 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 section 45 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: The City Clerk, in addition to his other duties, may be designated by the Water, Light Bond Commission as clerk of that body and, when so designated, shall act as clerk of the Water, Light Bond Commission, keep the records and minutes of said body and perform such other duties as may be required of him, and, for his services as such, said Water, Light Bond Commission shall have the right to fix and pay to him such salary as they may prescribe, the same to be paid from the current funds coming into the hands of said commission and to be in full compensation for the

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services rendered by him to said commission and in addition to such salary or compensation as may be received by said clerk for the performance of his official duties as clerk of said city. City Clerk, clerk of water, light and bond commission. Sec. 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, section 58 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 in its entirety section 58 of said Act, as amended, and substituting in lieu thereof a new section to be numbered and designated as section 58, and to read as follows: Section 58. Be it further enacted by the authority aforesaid, that all property, whether real or personal, 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 first day of March 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 April in 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 October in each year, and, if the same be not paid before the 20th day of December in each year, it shall thereupon be the duty of the City Clerk to issue executions for same, which shall be levied and enforced in the manner provided by law. 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. Tax returns. Taxes. Sec. 3. Be it further enacted by the authority aforesaid, that section 93 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17,

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1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking in its entirety section 93 of said Act, as amended, and substituting in lieu thereof a new section to be designated and numbered as section 93, and to read as follows: Section 93. Be it further enacted by the authority aforesaid, that the mayor and council of said City of Fitzgerald shall each year select and designate 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, provided, however, that, if there be more than one newspaper published and having a general circulation in said City of Fitzgerald, said mayor and council shall, in so designating a newspaper as the official gazette of said city, alternate from year to year between the newspapers published in said City of Fitzgerald and having a general circulation within the County of Ben Hill so as to rotate the designation of such official newspaper or gazette, without discrimination, among the newspapers so published in said City of Fitzgerald: and provided, further, that, in the event there be no newspaper published and having a general circulation within the City of Fitzgerald, or, in the event no newspaper published within said City of Fitzgerald will accept such designation, said mayor and council shall have the right and authority to select and designate as the official gazette of said city any newspaper having a 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 sum of seventy-five (75) cents per one hundred words, or fractional part thereof, for each insertion of such ordinances, advertisements or notices. Said mayor and council may, in their discretion, provide for the publication in the gazette so designated of a monthly statement of their receipts and disbursements. Official gazette. Advertising rates.

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Sec. 4. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof 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. Invalidity of part of Act. Sec. 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 25, 1935. FITZGERALD ELECTIONS. NO. 430. 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, effective as of the 31st day of December, 1935, section 94 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 in its entirety section 94 of said Act as amended, and substituting in lieu thereof a new section to be numbered and designated as section 94, and to read as follows: Section 94. Be it further enacted by the authority aforesaid, that the territory included within the corporate limits of the City of Fitzgerald shall be, and is hereby, continued as an independent school district, and that, effective as of and from and after the 1st day of January, 1936, there shall be a Board of Education for said City of Fitzgerald, consisting

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of a chairman and six members, the chairman and two members to be elected from the city at large and four members to be elected from the wards of said city, one to be elected from each ward, who shall have the power and authority now vested, or which may hereafter be vested, in the Board of Education of said city, and who shall be elected and hold office as hereinafter provided, all of the members, including the chairman, of said board of education to have the same qualifications as are required for members of the city council, said chairman and members of said board to be elected in the same manner as provided for the election of aldermen of said city. Board of education. (a) That at the general election to be held in said city on the third Tuesday in December, 1935, for the election of city officers, and at such general elections every four years thereafter, there shall be elected a chairman of the board of education, one member from the city at large, one member from the second ward and one member from the fourth ward, each of whom shall hold office for a term of four years, or until their successors are elected and qualified; and at said election to be held on the third Tuesday in December, 1935, there shall also be elected one member of said board from the city at large and one member from the first ward and one member from the third ward, each of whom shall hold office for a term of two years, or until their successors are elected and qualified; and at the general election to be held in the year 1937 for the election of city officials, and at such general elections every four years thereafter, there shall be elected one member of the board of education from the city at large and one member from the first ward and one member from the third ward, each of whom shall hold office for a term of four years, or until their successors are elected and qualified. Election of board. (b) In the event any vacancy or vacancies, whether arising from death, resignation, or otherwise, occur in the membership of the board of education of said city, the mayor and council of said city shall elect a successor to fill any such vacancy or vacancies for the remainder of the

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calendar year in which such vacancy or vacancies occur, and, at the next succeeding general election for members of the city council afte any such vacancy occurs, a successor shall be elected to fill the remainder of the unexpired term; provided, however, that, if any such vacancy occurs subsequent to the 30th day of November in any year, the successor so elected by the mayor and council shall hold office for the remaining portion of the year in which such vacancy occurred, and, in the event the unexpired term in which such vacancy occurred extends beyond the year during which such vacancy occurred, said successor, so elected, shall also hold such office for the next succeeding year, and at the general election in the next succeeding year a successor shall be elected to fill the remainder of the unexpired term in which the vacancy occurred. Vacancies. Sec. 2. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared unconstitutional or held invalid, the remaining sections or portions hereof shall not be affected thereby, but shall be and remain in full force and effect. Invalidity of part of Act. Sec. 3. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. FOREST PARK CHARTER AMENDMENTS. NO. 246. An Act to amend an Act to incorporate the Town of Forest Park, in the County of Clayton; to prescribe its limits; to provide for a Mayor and Board of Aldermen of said town, and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes, approved August 14, 1908, and all Acts amendatory thereof, so as to authorize said town to borrow money; issue bonds; levy and collect street taxes; dispose of election contests; fix the qualifications

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of voters; fix the qualifications of the mayor and aldermen and prescribe their duties; prescribe the duties of the town clerk and other officers of the town, and provide for their election or removal from office, fix their salaries; provide for the impeachment of the mayor or any alderman for malpractice in office; provide for the mayor's veto of ordinances or resolutions; provide the method of redeeming real estate sold for taxes; providing for method of condemnation of land and property for public use; provide for a legislative department of the town to be composed of the mayor and five aldermen; provide for registrars and tax assessors, and the method of appeal from their decision; provide for the punishment of persons voting who are not qualified to vote; provide the manner of holding elections and for a permanent registration book and for registration of voters; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the said Act of 1908 creating the Town of Forest Park, in the County of Clayton (Acts 1908, page 685) be, and the same is hereby amended by striking therefrom section 3 thereof, and inserting in lieu of said section 3 the following paragraph: The government of the Town of Forest Park shall be vested in a mayor and five aldermen, who are hereby constituted a body corporate under the name and style of Town of Forest Park, and by that name shall be capable of suing and being sued in any court of law or equity, and they and their successors shall have perpetual succession, with power and authority to contract and be contracted with, to have and use a common seal, shall be able 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 Forest Park 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 the property now belonging to said town, to use, manage, improve, sell, convey

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rent or lease the same, and shall have like powers over the property hereinafter acquired. 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 town. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, ordinances, and other orders as they may deem proper to make, not in conflict with this charter or the Constitution and laws of the State of Georgia, or the United States. Corporate powers. Sec. 2. Be it further enacted, that section 6 of the Act creating the Town of Forest Park (Act 1908, page 687) be and the same is hereby amended by adding to said section the following: Which said oath shall be as follows: I do solemnly swear that I will well and truly demean myself as mayor (or as alderman, as the case may be) of the Town of Forest Park for the ensuing year, and that I will faithfully enforce the charter and ordinances of said Town of Forest Park, to the best of my ability, without fear or favor, and will in all of my actions as mayor (or alderman, as the case may be) act as I believe for the best interest of said town; so help me God. The mayor and alderman 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 ordinances. So that said section when so amended shall read as follows: Oath of mayor, etc. Be it further enacted, that before entering upon the discharge of their duties, the mayor and alderman shall take an oath to faithfully discharge the duties devolving upon them respectively, to the best of their ability and understanding, which said oath shall be as follows: I do solemnly swear that I will well and truly demean myself as mayor (or alderman, as the case may be) of the Town of Forest Park for the ensuing year, and that I will faithfully enforce the charter and ordinances of the Town of Forest Park, to the best of my ability, without fear or favor, and will in all of

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my actions as mayor (or alderman, as the case may be) act as I believe for the best interest of said town; so help me God. The mayor and alderman 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 ordinances. Section as amended. Sec. 3. Be it further enacted, that no persons shall be eligible to office of mayor or alderman of said town unless he shall have resided in said town not less than one year immediately preceding his election, and shall be a qualified voter in the municipal elections for officers of said Town of Forest Park, 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. Qualifications of mayor, etc. Sec. 4. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall be registered as required by the registration laws and ordinances of said town, shall be qualified to vote in any election held under the provisions of the charter and the amendments thereof of the Town of Forest Park. Sec. 5. 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 Forest Park for three months and the County of Clayton 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 State of Georgia to qualify me to vote for members of the General Assembly of Georgia; so help me God. Permanent registration of voters. Sec. 6. 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 aldermen, to enable the electors of said town to register therein, and no person registering therein shall be required

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to again register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify 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. Sec. 7. Be it further enacted, that whenever any general or special election is to be held in said town, it shall be the duty of clerk to close said registration book five days before said election, and turn ove same to the mayor, who, with the town clerk, shall be the Board of Registrars, whose duty it shall be to make from said book a list of voters for such elections; and in making said list, said registrars shall exclude the names of all persons on the registration list who registered less than five 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. A 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 produce a certificate signed by the registrars or one of them that his name was omitted from the list by accident or mistake. List of voters. Sec. 8. 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 Forest Park, shall be managed by a justice of the Peace or some judicial officer, and two freeholders who are citizens of said Town of Forest Park, owning realty therin; 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 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. Oaths.

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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 and board of aldermen, and the voting shall be by ballot. The polls shall open at seven o'clock a. m. and close at six o'clock p. m. The persons receiving the highest number of votes for the respective offices shall be elected. The managers and clerks for said election held under the provisions of this charter shall be named and appointed by the mayor and board of aldermen, prior to the elections, and the mayor and aldermen shall provide for the payment of the managers. Said managers shall make returns of the elections to the mayor and board of aldermen and deliver all election papers and ballots to them, who shall destroy the same within thirty days after such election, if no contest be filed. Sec. 9. 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 mayor to produce the ballot-box, voters' list and tally sheet, and deliver to the justice of the peace or other officer who shall be elected to hear any contest, at the time and place fixed for hearing same. Contest of election. Sec. 10. Be it further enacted, that the sickness, absence, or disqualification of the mayor, or mayor pro tem., or, in the event of his sickness, absence, or disqualification, any one of the aldermen chosen by the board of aldermen, shall be clothed with all the rights, powers, and privileges of the mayor, and shall perform the duties of the mayor. Sickness, etc., of mayor. Sec. 11. Be it further enacted, that the mayor, or mayor pro tem., and two members of the board of aldermen 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 mayor and board of aldermen, the mayor or mayor pro tem., if he be presiding, shall be

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entitled to vote only in case of a tie. All elections for officers by the mayor and board of aldermen shall hold their meetings within the limits of said town at such time and place as they see proper. Quorum. Sec. 12. Be it enacted, that for the purpose of raising money to support and maintain and meet the expenses of the town government, the mayor and board of aldermen of said Town of Forest Park shall have power and authority to levy and collect a street tax on all male residents of said Town of Forest Park between the ages of twenty-one and fifty years, said street tax not to exceed three dollars per year; and an ad valorem tax on all property whatsoever owned, held, or possessed in said Town of Forest Park, subject to taxation under the laws of the State; said ad valorem tax not to exceed one-half of one per centum per annum of the value of said property; provided, however, that if at any time for any special purpose said mayor and board of aldermen shall consider it expedient to levy and collect a greater percentage of taxes than one-half of one per centum per annum upon the property in said town, they may submit the tax rate so desired or proposed to the voters of said town to be determined by an election held for that purpose, for which election said mayor and board of aldermen shall make provision and receive the returns and declare the result of said election; and if two-thirds in number of those voting on said issue of said election shall by ballot give their consent to such proposed rate of taxation, then and in such event the mayor and board of aldermen shall have the power and authority to levy and collect said tax. Street tax. Ad valorem tax. Sec. 13. Be it further enacted, that any of the officers and employees of the Town of Forest Park may be removed at any time by a majority vote of the mayor and board of aldermen 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 board of aldermen 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

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meeting of the mayor and board of aldermen, when such officer shall be given trial. Removal from office. Sec. 14. Be it further enacted, that in no case shall the Town of Forest Park 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. Unlawful arrest. Sec. 15. 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. Sec. 16. Be it further enacted, that should the mayor or any member of the board of aldermen be guilty of malpractice in office or wilful neglect of his office, or abuse of the powers conferred upon him, or should be guilty of any other act or acts of general conduct unbecoming an officer of the Town of Forest Park, he shall be impeached by the board of aldermen, and upon conviction shall be removed from office. Malpractice, etc. Sec. 17. 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 board of aldermen 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 board of aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer, or like offense, 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 board of aldermen. 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 the common jail of Clayton County, and bring them before the mayor's court for trial or commitment; provided, that all persons not intoxicated, desiring

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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 aldermen shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the said police force of the town. Police. Sec. 18. Be it further enacted, that said mayor and board of aldermen 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 all disorderly persons or person and confine them in the guard-house to await their trial. Guard-house. Sec. 19. Be it further enacted, that every ordinance and resolution passed by the board of aldermen may be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his objections to such ordinance or resolution, and the board of aldermen, 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 aldermen 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. Sec. 20. 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. Existing ordinances. Sec. 21. Be it further enacted, that all other Acts heretofore approved by the General Assembly relating to the Town of Forest Park, except such part or parts thereof as may be in conflict with this Act, be and they are hereby

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continued in operation, confirmed and consolidated with and made a part of this Act. Other Acts. Sec. 22. Be it further enacted, that whenever any real estate is sold 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 such property for the town, and the police officer or such other officer making the sale shall make the Town of Forest Park 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 or other officers making the sale shall put said town in possession, and the mayor and board of aldermen 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. Sec. 23. The Town of Forest Park 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 realty. Sec. 24. 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 22, 1935.

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GREENSBORO ALDERMEN'S COMPENSATION. NO. 250. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts, incorporating the City of Greensboro, in the County of Greene; to create a new charter and municipal government for said city; and for other purposes, approved July 27, 1904, and amendatory Acts thereto, by making the following provision, to wit: For compensation to be paid the aldermen of said city, monthly, for their services; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the above recited Act, approved July 27, 1904, be amended as follows: By striking from line five (5) in section sixteen (16) of said Act the following words, no salary for their work, except that, and substituting therefor the following: three ($3.00) dollars, each, per council meeting for their services, payable monthly, provided, that no alderman shall receive said compensation for any meeting he does not attend, and, so that said section when amended shall read as follows: Section 16. Be it further enacted, that the legislative body of the City of Greensboro shall consist of five aldermen, who shall be elected at the same time and for the same term as the mayor. The qualifications of the aldermen shall be the same as those of the mayor, and they shall receive three ($3.00) dollars, each, per council meeting for their services, payable monthly, provided, that no alderman shall receive said compensation for any meeting he does not attend, and they as well as all city officers shall be exempt from street tax. There shall be a regular meeting of the council monthly for the transaction of business, and the mayor may have called meetings as often as may be necessary for said purpose. Pay of aldermen. Section as amended. Sec. 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935.

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HARLEM NOTICE OF CANDIDACY. NO. 35. An Act to amend an Act entitled An Act to create establish a new charter for the Town of Harlem, in the County of Columbia; to declare the rights, powers, and privileges of said corporation; and for other purposes, approved August 16, 1913 (Georgia Law of 1913, pages 869 thru 890, inclusive), and all laws amendatory thereof, providing that all candidates for mayor and councilmen shall advertise notice of their intention to be candidates in the official county paper of said county at least thirty (30) days prior to said election. 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 passage of this Act a new section be added to said Act to be known as section 28, and to read as follows: Section 28. 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 the Act all candidates for mayor and councilmen of the Town of Harlem shall be required to publish notice of their intention to become candidates for said offices at least thirty (30) days before the election in which they are to run; that said notice shall contain the name of the candidate and is to designate which office he is running for. Section as amended. Notice of candidacy. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 23, 1935. HARTWELL CANDIDATES; REGISTRY OF VOTERS. NO. 253. An Act to amend the Charter of the City of Hartwell, in Hart County, and the Acts amendatory thereof so as to prescribe the manner of electing members of the Board of

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Aldermen and members of the Board of Education of the City of Hartwell, and to prescribe for the announcement of candidates for office as a member of the Board of Aldermen or as a member of the Board of Education, and to provide the form of tickets to be used in the election of members of the Board of Aldermen and Board of Education, and to provide for the registration of voters qualified to vote in the elections of the City of Hartwell, and to provide for the purging of the list of voters, and to provide for a Board of Registrars. 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 charter of the City of Hartwell in Hart County, be and the same is hereby amended as follows: All candidates for the office as a member of Aldermen and candidates for office as a member of the Board of Education shall file with the secretary of the City of Hartwell a written notice of their intentions to become a candidate for the office of Alderman or for the office of member of Board of Education at least ten days before the date of the election, said notice to be given the secretary by noon on or before the tenth day previous to the election. The notice shall designate the office for which the candidate wishes to run, and shall also designate the party holding the office for which the candidate desires to become a candidate, and in case the office is vacant, he shall designate the office as being the place vacated by the last office-holder, and in case the candidate desires to run for another term of the office he now holds, he shall so state in his notice to the secretary. No candidate shall be eligible to run for more than one place. Notice of candidacy. Sec. 2. Be it enacted by the authority aforesaid, that the secretary of the City of Hartwell or any other person designated by the Mayor and Board of Aldermen for the purpose, shall print on the ticket to be used in each election the name of each candidate for office as a member of the Board of Aldermen or member of the Board of Education, and the place for which he is a candidate as stated

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in the candidate's notice to the secretary of the City of Hartwell, as provided for in the preceding section. Ballots. Sec. 3. Be it further enacted by the authority aforesaid, that the secretary of the City of Hartwell shall keep a book of the registered voters of the City of Hartwell as now provided by law, and every person qualified by law to register as a voter in the City of Hartwell shall have the right to register with said secretary at any time up until thirty days previous to the next election for city offices, and that after a voter has registered, it shall not be necessary for him to register again unless the voter's name has been stricken from the list by the Board of Registrars hereinafter created. Book of registered voters. Sec. 4. Be it further enacted by the authority aforesaid, that on the first meeting in January of each year the Mayor and Board of Aldermen shall elect two freeholders, who are citizens of Hartwell to serve with the secretary as a Board of Registrars. The duty of this board shall be to go over and purge the voters list of the City of Hartwell twenty days before each election, striking therefrom the names of all persons not legally entitled to vote, and their work shall be completed ten days before the election. Registrars. Sec. 5. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 22, 1935. HARTWELL MARSHAL'S SALES. NO. 257. An Act to amend the Charter of the City of Hartwell in Hart County, and the acts amendatory thereof so as to prescribe the manner and place of holding marshal's sales in the City of Hartwell, and the manner of advertising marshal's sales, in the City of Hartwell.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the Charter of the City of Hartwell in Hart County be and the same is hereby amended as follows: All property levied upon by the Marshal of the City of Hartwell shall be advertized and sold in the same manner as Sheriff's sales are held and as now provided by law and all property shall be sold before the Court House door of Hart County in the City of Hartwell at the place where Sheriff's sales are held. Advertisement of sale. Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this act be and the same are hereby repealed. Approved March 22, 1935. HINESVILLE NEW CHARTER. NO. 150. An Act to create a new charter for the City of Hinesville in the County of Liberty, and to reincorporate said city, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending charter thereof; to provide for all ordinances, rules, regulations, and resolutions of said city, 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; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration

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books of said city and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for biennial election for mayor and councilmen; to provide for the enacting of all necessary ordinances, rules and regulations; to provide penalties for the violation of same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the City of Hinesville, in the County of Liberty, be and the same is hereby incorporated, as a city under the name of the City of Hinesville. Corporate name. Sec. 2. Be it further enacted by the authority aforesaid, that the corporate limits of said city be as follows: Corporate limits. Beginning at the court house in said City of Hinesville and running one-half mile in each and every direction from said beginning point. Sec. 3. Be it further enacted by the authority aforesaid, that the municipal authority of said city shall be a mayor and five councilmen who are hereby constituted a body corporate under the name and style aforesaid, who shall have perpetual succession and shall have and use a common seal, may sue and be sued, plead and be impleaded, may purchase and hold such property, real or personal, as may be necessary for the good order, government and welfare of said city, and shall have the right to create a lien or lease on same for the purpose of securing credit for said city and may sell said property, real or personal, if it shall appear to be to the interest of said city, the same to be left to the judgment of the mayor and council. Mayor and councilmen. Sec. 4. Be it further enacted by the authority aforesaid, that on the second Wednesday in December, 1935, and biennially thereafter, an election shall be held for mayor and five councilmen of said city, who shall hold office for following two (2) years. Said election shall be

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held by a justice of the peace and two freeholders, resident of said county, or by three freeholders. The managers shall conduct all elections as nearly as practicable as elections of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at some convenient and accessible place in said city at ten o'clock a. m. and be closed at three o'clock p. m. The managers at said election shall take and subscribe before an officer authorized to administer oaths, and in the absence of such officer, in the presence of each other the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by the charter of the City of Hinesville to hold the same; that we will make just and true returns thereof and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of this city, and knowingly prevent anyone from doing so who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, So help us God. Election for mayor, etc. Oath of managers. Within five days after said election the said managers shall issue to the newly elected mayor and councilmen a certificate of election, showing to what office that person was elected, and for what period of time. Sec. 5. Be it further enacted by the authority aforesaid, that all candidates for the office of mayor and councilmen, shall announce two (2) days before the date of the election by giving said notice in writing to the Clerk of the City of Hinesville that they will be a candidate and for what office they wish to offer. Notice of candidacy. Sec. 6. Be it further enacted by the authority aforesaid, that Mayor H. Lowe be and he is hereby appointed and designated as mayor of said city until January 1, 1936, or until his successor is elected and qualified; that J. D. Darsey, F. W. Hendry, T. W. Welborn, W. F. Mills, and Paul E. Caswell be and they are hereby appointed and designated as councilmen of said City of Hinesville to serve until January 1, 1936 or until their successors

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are elected and qualified; said election to be held at the time specified in Section 4 of this Act. Mayor and councilmen named. Sec. 7. Be it further enacted by the authority aforesaid, that before entering upon the discharge of their duties, the mayor and council shall take and subscribe before an officer authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties involving upon me as mayor and councilmen (as the case may be) of the City of Hinesville, to the best of my ability, so help me God. Oath of mayor, etc. Sec. 8. Be it further enacted by the authority aforesaid, that in all elections held under the charter of the City of Hinesville, no person shall be allowed to vote who is not duly registered as hereinafter provided. Nor shall any person be allowed to vote in said election who has not been a bona fide resident of said city for at least sixty days prior to said election, a resident of the State of Georgia for twelve (12) months, shall have paid all taxes due the City of Hinesville and made all returns required by said city. Qualifications of voters. Sec. 9. Be it further enacted by the authority aforesaid, that the City of Hinesville shall 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. The mayor and councilmen of the City of Hinesville shall furnish the clerk of council of said city with a book, to be called the permanent registration book, upon which all persons, desiring to qualify as electors shall be required to qualify as now provided by the charter of the City of Hinesville. 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 mayor

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and councilmen of said city. Each person presenting himself to the clerk of council for the purpose of registering shall before signing his name in the book of permanent registration, be administered the following oath, You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia twelve months, and will have resided in the City of Hinesville sixty days before the next election to be held in said city; that you are twenty-one years old and have paid all taxes due to the City of Hinesville, and that you have made all returns required of you by the ordinances of said city, so help you God, upon which said clerk shall register the name, age and occupation of said person, and the said clerk shall, on the day of each election, furnish the election managers with a list of the registered, qualified voters of said city, certified by him as such official. The clerk shall keep open in the clerk's office during the time said office is open for the transaction of business during the week-days for the purpose of permitting those to register who desire to do so in the permanent registration book. The clerk shall on the first Wednesday of December of the year 1935 and biennially thereafter on the first Wednesday in December, close the voters' book for the genera election to be held on the second Wednesday in December, 1935, and biennially thereafter on the same date. In all cases of special elections in said city, the clerk shall close the book of permanent registration seven (7) days before the holding of said special election, in so far as permitting registrations for said special election. On the second Wednesday in December, 1935, and biennially thereafter on the same date, the clerk shall furnish a list of all the registered voters who are qualified to vote in said election to the election managers for said election. In case of a special election he shall likewise furnish a list of the qualified and registered voters to the election managers on the day of the election. In case an elector is not allowed to register by the clerk or whose name is left off of the list of qualified voters by the clerk, they shall have a right of appeal to the mayor and councilmen of the City

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of Hinesville, whose findings shall be final. Said appeal can be made immediately upon the elector ascertaining this fact and the mayor and councilmen shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which elector desires to vote, whether special or general so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The clerk must revise and purge the list of qualified voters before such election, both general and special. 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 clerk, who shall have the right and power to restore the name when and if the qualification is removed. Permanent registration of voters. Sec. 10. Be it further enacted by the authority aforesaid, that any person voting at an election of said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor and upon the conviction therefor shall be punished as prescribed in the Penal Code of said State. Illegal voting. Sec. 11. Be it further enacted by the authority aforesaid, that no person shall be eligible to the position of mayor and council unless he has reached the age of twenty-one years, a citizen of the United States and of the State of Georgia, and shall have resided in the City of Hinesville at least six months prior to his election. Qualifications of mayor, etc. Sec. 12. Be it further enacted by the authority aforesaid, that said mayor and councilmen shall have the authority to elect a marshal and also a clerk and treasurer and prescribe the duties of each; to fix their salaries and require of them such bond as they may deem necessary. Election of officers. Sec. 13. Be it further enacted by the authority aforesaid, that officers elected in said City of Hinesville in December 1935 and at each biennial election thereafter shall enter upon the discharge of their duties on the first day of January, next succeeding, and shall continue the discharge of their duties of said position two years or until their successors are elected and qualified. Terms of officers.

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Sec. 14. Be it further enacted by the authority aforesaid, that any vacancy that may occur from any cause in the office of mayor or councilman shall be filled by the election by remaining members of the council and the mayor, or by the council in case vacancy be in the office of mayor, said election to be made from the citizens of the City of Hinesville who are eligible to the office under the terms of this charter. Vacancies. Sec. 15. Be it further enacted by the authority aforesaid, that the mayor of the City of Hinesville shall receive such compensation for his services as may be fixed by the council, which shall not be increased or diminished during his term of office. Pay of mayor. Sec. 16. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said town; to have the enforcement of all powers herein granted, provided they are not repugnant to the Constitution of the State of Georgia or the United States. Powers of mayor and council. Sec. 17. Be it further enacted by the authority aforesaid, that said mayor and councilmen shall have the power to levy a tax not to exceed three mills on all property, real or personal, subject to taxation by the laws of the State of Georgia within the corporate limits of said city, for the purpose of paying the expense of said city government; they shall have the power and authority to require all persons subject to road duty under the laws of this State to work on the streets and side-walks of said city, but they may receive in lieu thereof such commutation fees as such mayor and council may prescribe. Taxes. Sec. 18. Be it further enacted by the authority aforesaid, that whenever anything for which state licenses are required shall be done within said city, the mayor and council may require a city license therefor, and may impose a tax thereon for the use of said city. They have the

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power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town, and shall also have the power to tax any person operating any kind of business, mercantile or otherwise in addition to the ad valorem tax provided for by law, they shall also have the power to tax all shows taxable by the State which may exhibit within said city and said mayor and council have the power to pass all ordinances to carry into effect the provisions of this section, and shall have power if they see proper, to prohibit any of the things named in this section by proper order. Licenses. Sec. 19. Be it further enacted by the authority aforesaid, that there shall be a lien upon all personal property and real estate within said city for all taxes assessed thereon, and for all fines or penalties which may be assessed or imposed upon the owners thereof by the authority of said city from time to time, which shall have priority over all other liens, except for taxes due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the liens for State and county taxes, or in such other manner as the mayor and council by ordinance may prescribe. Lien of taxes. Sec. 20. Be it further enacted, that there shall be a Mayor's Court for the trial of all offenders against the laws or by-laws, ordinances and regulations of said city, to be held by the mayor as often as necessary at the office of said mayor, or in his discretion in the county court-house in said city. In the absence or disqualification of the mayor, the mayor pro tem., or any member elected for that purpose by the council shall hold said court. Said court shall have the power to preserve order and punish for contempt as hereinafter provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey the mandates and subpoenas of the court. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by

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imprisonment in the city prison for a period not exceeding sixty (60) days, by compelling the defendant or offender to labor upon the streets of said city for a period not longer than sixty (60) days, by confirming the defendant in the county jail for a period not exceeding sixty (60) days, by a fine not exceeding fifty ($50) dollars, to include costs of court, which fine may be collected by execution, and by any one or more of these punishments, in the discretion of the court. Either one of said punishments may be imposed as an alternative punishment to some other imposed. The council shall fix fees for marshal, clerk and presiding offices of said court to be taxed against losing party in all cases. Trial of offenders. Sec. 21. Be it further enacted by authority aforesaid, that the said mayor and council shall have the power to elect a mayor pro tem. from among the councilmen elected from said city, who shall perform all the duties and exercise all the power of the mayor when from any cause the mayor cannot be present to perform the duties of said office. Mayor pro tem. Sec. 22. Be it further enacted by the authority aforesaid, that the mayor and councilmen shall have the power to provide by ordinance for the collection of all taxes, money and fines due said city by execution issued by the mayor, executed by the marshal thereof. Collection of taxes, etc. Sec. 23. Be it further enacted by the authority aforesaid, that the mayor shall have the power to try, sentence and punish all offenders against the laws of said city to compel the attendance of witnesses, and to administer oath, to admit any offender to bail, or commit him to the guard-house or county jail. Punishment, bail. Sec. 24. Be it further enacted by the authority aforesaid, that the mayor of said city shall be the chief executive officer thereof; he shall see that all orders, by-laws, ordinances, acts and resolutions of the mayor and council are faithfully executed; he may appoint a special police when he may deem it necessary, of whom he shall have

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full control; he shall have power to issue all executions, penalties and cost imposed by him, as well as executions for taxes due after the time has expired that they shall be paid. Mayor's powers. Sec. 25. Be it further enacted, by the authority aforesaid, that the mayor and council of said city shall have the right to provide for the annual return of property, both real and personal, for taxes by the citizens and tax-payers of said city and shall have the right to supervise all the returns thus made and fix a just valuation upon all such property subject to taxation in said city; and to revise and correct said return. Tax returns. Sec. 26. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to issue bonds for public improvements of said city, subject to the limitations and regulations in such case provided by the Constitution and laws of the State of Georgia. Bonds for improvements. Sec. 27. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power of eminent domain to condemn property and to lay out streets, alleys and public highways within the corporate limits of said City of Hinesville and for the improvement of streets and erection of sidewalks. Condemnation. Sec. 28. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. JACKSON CONSOLIDATION OF OFFICES. NO. 342. An Act amending an Act creating a new charter for the City of Jackson, Butts County, Georgia, approved August 8, 1908, and Acts amendatory thereof, is hereby amended by providing that one person may be elected and hold both

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the offices of clerk and treasurer and the office of tax-receiver and collector; provided the mayor and aldermen, at the beginning of each year, shall so provide, by ordinance, that the two offices be held by one person for and during the ensuing 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 the Act creating a new charter for the City of Jackson, Butts County, Georgia, approved August 8, 1908, and all Acts amendatory thereof, be amended as follows: The Mayor and Aldermen are authorized, but not required, to elect one person to hold the offices of Clerk and Treasurer and Tax-Receiver and Collector of the City of Jackson; provided an ordinance is duly adopted consolidating the offices for any given year; provided further, that such person shall keep two sets of books showing the Acts and doings of the two offices, just as though two persons held the offices, and make bond for each office. Consolidation of offices, Clerk, Treasurer, Tax-Receiver, Collector. Sec. 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1935. KITE CHARTER AMENDMENTS. NO. 441. An Act to amend the charter of the Town of Kite in the County of Johnson, approved September 11, 1891, so that when amended all election in and for said town shall be held at the town hall; to provide for the town marshal to sell property levied on under town tax fi. fas.; to provide a tax levy; to provide for the appointment of an official organ of said town; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the Act approved September 11, 1891, is hereby amended as follows:

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That all elections for mayor and council shall be held at the town hall in the Town of Kite. Elections. Sec. 2. Be it further enacted by the authority aforesaid, that said Act be amended as follows: By striking the following words in the last clause of paragraph (4) Said mayor and council shall also have the power to levy and collect a tax on all property within incorporated limits of said town not to exceed two-tenths of one per cent, or so much thereof as may be necessary for the support of the government of said town, and inserting in lieu thereof the following: Taxes. Be it further enacted by the authority aforesaid, that the Mayor and Council of the Town of Kite shall have full power and authority to assess, levy, and collect taxes not exceeding one-half of one per cent on the assessed value ad valorem of all property of every species, both real and personal within the limits of said town, except church, school, and fraternal organization property, at its market value on such date as the mayor and council may provide in each year; and also levy and collect such special tax on trades, business, occupations, theatricals, exhibitions, or other performances, exercised or carried on within the incorporate limits of said town, including circuses, shows of all kinds, itinerant traders, peddlers, auctioneers, and all other trades, games, or occupations subject to special tax under the State Law, as they may deem proper. They shall also have 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, not inconsistent with the Constitution and laws of the State; and the mayor of said town is hereby vested with authority to issue execution for such fines or taxes as may become collectable in favor of said town 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

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city hall in said town, and in case of levy on real estate after thirty days notice by publication in the newspaper of said county designated by the mayor and council as the official organ of said town. Said sale to be at the city hall in the Town of Kite, on the first Tuesday of each month. Sec. 3. Be it further enacted by the authority aforesaid, that the first Tuesday of each month is hereby designated as legal sale day in and for said Town of Kite. Sec. 4. 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 town. Official organ. Sec. 5. 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 28, 1935. LITHONIA CHARTER AMENDMENTS. NO. 14. An Act entitled to amend the Act approved August 4, 1913, Georgia Laws of 1913, pages 928 through 959, the same being an Act creating a new charter for the City of Lithonia, so as to change the fiscal year; so as to change the date of holding elections for officers from the second Wednesday in January to the second Wednesday in December of the preceding year; to abolish the office of recorder; to change the date for closing the registration books; to change the date for holding the first meeting of the council for the election of officers; and to change the powers of the mayor relative to the veto power of the council; and for other purposes. Section 1. Section (2) is to be amended as follows: In line 5, the words, 4th Wednesday in January, 1914, are to be stricken, and the words, 31st day of December, 1935 are to be substituted in lieu thereof, so that the same so

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amended will read as follows: Section (2). Be it further enacted that the government of the City of Lithonia shall be vested in the mayor and five councilmen. The present Mayor and Councilmen of said City of Lithonia shall continue in office until the 31st day of December, 1935, and until their successors are elected and qualified and they and their successors and associates shall have and exercise all the rights, powers and duties hereby conferred upon the Mayor and Council of said City of Lithonia so created by this Act. Date of election. Section as amended. Sec. 2. Section (4) is to be amended as follows: By striking said section in its entirety and substituting in lieu thereof, Be it further enacted, that there shall be held on the second Wednesday in December 1935 an election, at which election a mayor and two councilmen shall be elected. The term of the mayor who shall be elected at said election shall be for two years from the first day of January, 1936 and two councilmen elected at said election shall hold office for a term of two years from the first day of January, 1936, and the remaining three councilmen shall be elected at an election held on the second Wednesday in December, 1936, and their term shall be for a period of two years, and thereafter there shall be held annually on the second Wednesday in December of each year an election, at which election there shall be elected officers to fill the terms expiring on the first day in January thereafter, all officers shall hold their offices until their successors are elected and qualified. Election of mayor and councilmen. On the first Monday in January, 1936, or as soon thereafter as practicable, the mayor and council-elect shall meet at the usual place for holding council meetings in said City of Lithonia, 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, 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 City of Lithonia for the ensuing term, and that I will faithfully enforce the charter and ordinances of said City

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of Lithonia, 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 interests of said city, so help me God. Should the mayor or any councilman be absent from said meeting, he, or they, may take said oath of office as soon thereafter as possible. Organization, oath. The mayor and councilmen shall provide by ordinances for regular meetings, not fewer than one in each month, and may hold such special meetings as the business of said city may require, to be convened as provided by ordinance. Meetings. In the event the office of mayor or any one of the councilmen become vacant by death, resignation or removal from the city, 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 shall be held, returns made and result declared in the same manner as in the regular election for mayor and councilmen, as hereinafter provided; provided, that should the vacancy or vacancies occur within sixty days preceding the regular election of said city, then, and in that event, the vacancy or vacancies may be filled by the mayor and council, or the mayor pro tem., in case of vacancy in the mayor's office and council; the person or persons so elected shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election. Vacancy. The mayor and council shall at their first meeting after being elected, or as soon as practicable, elect from their number a mayor pro tem., who shall, in the absence of the regular mayor, act for him and in his stead, and be clothed with all the power vested in the newly elected mayor. Mayor protem. Should the mayor or any one of the councilmen fail or refuse to perform the duties of his office for the period of two (2) consecutive months, the office may, in the discretion of the council, or the mayor and the remaining members of same, be declared vacant, by resolution, and the vacancy filled as provided; provided, the failure or refusal is not from providential causes.

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Sec. 3. Section (7) shall be amended as follows: By striking in lines 8 and 9 the words, Wednesday at noon before the first Saturday in January, and substituting the words, First Wednesday in December at noon, so that the same when so amended will read as follows: Be it further enacted, that it shall be the duty of the clerk of said City of Lithonia, upon the first Monday in November, 1913, and each year thereafter upon the same date, to open registration books for the purpose of registering qualified voters of said city; said books shall be kept open at such hours as the mayor and council shall direct, each and every day, Sundays and legal holidays excepted, until the first Wednesday in December of each year when it shall be fairly and absolutely closed. The remaining portion of said section (7), shall read as heretofore enacted. Registration of voters. Sec. 4. Section (12) shall be amended as follows: In line 13 the word Recorder's shall be stricken, and the word Mayor's shall be substituted in lieu thereof. In line 14 the words Upon recommendation of the Recorder's shall be stricken. Mayor substituted for recorder. Sec. 5. Section (13) shall be amended as follows: By striking in line 23 the word Recorder; by striking in line 26 the word, Recorder and substituting in lieu thereof the word, Mayor. Sec. 6. Section (14) shall be amended as follows: By striking in line 12 the word, majority and substituting in lieu thereof the word two thirds. Two thirds instead of majority. Sec. 7. Section (17) shall be amended as follows: By striking in line 1 the word, Recorder's and substituting in lieu thereof the word, Mayor's; by striking in line 17 the word, Recorder, and substituting in lieu thereof the word, Mayor; by striking in line 18 the words, Mayor or. Sec. 8. Section (18) shall be amended by striking same in its entirety, and all succeeding sections of said Act shall be amended by re-numbering same.

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Sec. 9. Section (19) shall be amended as follows: By striking in line 1 the words, Recorder or; by striking in line 3 the word, Recorder's and substituting in lieu thereof the word, Mayor's; by striking in line 10, the word, Recorder and substituting in lieu thereof the word, Mayor. Mayor instead of recorder. Sec. 10. Section (20) shall be amended as follows: By striking in line 2 the words, And of the Recorder and by striking in line 5 the words and Recorder, and the word, Recorder's and where the same again appears in line 5. Sec. 11. Section (21) shall be amended as follows: By striking in line 5 the word, Recorder's, and substituting in lieu thereof the word, Mayor's. Sec. 12. Section (22) shall be amended as follows: By striking in line 2 the word, Recorder's and substituting in lieu thereof the word, Mayor's; by striking in line 8 the words, or Recorder; and by striking in line 15 the word, Recorder's and substituting in lieu thereof the word, Mayor. Sec. 13. Section (23) shall be amended as follows: By striking same in its entirety and substituting in lieu thereof the following: Section 23. Be it further enacted that the mayor shall have the right to remit or suspend any fine imposed in said court as he may desire or deem proper. Sec. 14. Section (31) shall be amended as follows: By striking in line 15 the word, Recorder's and substituting in lieu thereof the word, Mayor's. Sec. 15. Section (46) shall be amended as follows: By striking in line 15 the word, Recorder's and substituting in lieu thereof the word, Mayor's. Sec. 16. Section (48) shall be amended as follows: By striking in line 5 the word, Recorder. Sec. 17. Section (50) shall be amended as follows: By striking in lines 13 and 14 the words, on Saturday night, the fourth Wednesday in January, and substituting the words, January 31. Date changed.

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Sec. 18. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and same are hereby repealed. Approved February 13, 1935. MACON MAYOR'S SALARY, ETC. NO. 334. An Act to amend an Act approved August 3, 1927, appearing on pages 1283 to 1357 of the published Acts of the General Assembly of Georgia of 1927, creating a new charter for the City of Macon, and the Act amendatory thereof, approved March 10, 1933, appearing on pages 1025 to 1032 of the published Acts of the General Assembly of Georgia of 1933, and any and all Acts amendatory of either or both of said Acts whenever passed and wherever set forth; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, the second paragraph of section twenty-seven of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1306 of the published Acts of the General Assembly of 1927, be and the same is hereby repealed. Repeal of paragraph. Sec. 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, section 2 of the Act of the General Assembly of Georgia, approved March 10, 1933, and as set forth on page 1026 of the published Acts of the General Assembly of Georgia of 1933, and which purports to repeal and re-enact with certain changes the second paragraph of section 27 of the Acts of the General Assembly of Georgia of 1927, approved August 3, 1927, and fully described in section one (1) hereof, be and the same is hereby repealed. Repeal of section.

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Sec. 3. Be it further enacted by the authority aforesaid, that said sections hereinbefore repealed shall be and the same are hereby re-enacted to read as follows: The present Mayor of the City of Macon shall receive, during the remainder of his present term of office, the salary of $3000.00 per annum, and thereafter the salary of the mayor shall be the sum of thirty-six hundred ($3600.00) 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, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as herein set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the council advised, from time to time, of the general condition of the city, and shall recommend such measures as he may deem necessary 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, powers, term. Sec. 4. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. MACON RECORDER'S COURT. NO. 335. An Act to amend an Act approved August 3, 1927, appearing on pages 1238 to 1357 of the published Acts of the General Assembly of Georgia of 1927, creating a new

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charter for the City of Macon, and the Act amendatory thereof approved March 10, 1933, appearing on pages 1025 to 1032 of the published Acts of the General Assembly of Georgia of 1933; and any and all Acts amendatory of either or both of said Acts, whenever passed, or wherever set forth; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage and approval of this Act, section 49 of the Act of the General Assembly of Georgia, approved August 3, 1927, and as set forth on page 1314 of the published Acts of the General Assembly of Georgia for 1927, be and the same is hereby repealed. Repeal of section. Sec. 2. Be it further enacted by the aforesaid authority, that said section 49 be and the same is hereby re-enacted to read as follows: Sec. 49. Recorder's Courtwho may preside. In the absence, sickness, or disqualification of the recorder, the mayor or any alderman of said City of Macon shall be clothed with the powers of the recorder and hold the recorder's court. In case of the absence, sickness, or disqualification of the recorder of the City of Macon, the mayor may hold recorder's court, or he may designate any one of the aldermen of the City of Macon to hear and try any case, and such alderman shall be clothed with the same powers as is granted to the recorder by the charter of the City of Macon in other cases. Recorder's court. Sec. 3. Be it further enacted by the aforesaid authority, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. MACON TAX ASSESSMENTS. NO. 446. An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914,

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together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, as amended by an Act approved March 21, 1933, by creating a board of tax appeals for the City of Macon and providing for the assessment and valuation of property for taxation; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes, as amended by an Act approved March 21, 1933, be and the same is hereby amended by striking and repealing all of section 93 of said Act of August 3, 1927, which provides for a board of tax-assessors, prescribes the membership thereof and fixes the duties and powers of said board, and enacting in lieu thereof a new section to be numbered section 93 and to read as follows: Acts amended. Section 93. Board of Tax-Assessors Created. There shall be a board of tax-assessors in said city, charged with the duty of receiving and equalizing tax returns on all property, real and personal, in said city, subject to taxation. Said board shall consist of three members elected by the mayor and council; provided, however, that the mayor and council shall have the power to designate any officer or employee as one of the members of said board,

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who shall discharge the duties of a tax-assessor without additional compensation therefor. Said board is hereby vested with full power and authority to assess for taxation the fair market value of all property, real and personal, in said city, subject to taxation, so that said property shall stand upon the tax digests at its reasonable and fair actual market value. The property in said city subject to taxation owned by said tax-assessors shall be assessed by the mayor and council. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation and to ascertain the fair and reasonable market value of all property in said city subject to taxation. It shall be the further duty of the said board of tax-assessors (and the express power is hereby given to the City of Macon for the exercise of said duty) at any time within the period of seven years to assess or re-assess property that has, in the opinion of said board, escaped a just and proportionate burden of taxation by reason of having not been returned and/or not assessed, or if returned and/or assessed, upon which the original return and/or assessment was invalid for any reason, provided, however, no re-assessment shall be made in any case where the taxpayer has paid and the City of Macon has accepted payment of said alleged invalid or void return and/or assessment. If the owner of the said property has made a return of said property and the return of said property has been raised by the assessment of the assessors and if the assessment for any reason is invalid, then another assessment or re-assessment may be made upon said property at any time within seven years and no new return shall be required or permitted by the said property owner. The assessment or re-assessment of said property, and all hearings, notices, appeals, and all other procedure shall be governed by the same rules, and made in the same form and manner as provided for matters of taxation generally by section 94 of the charter of the City of Macon. Board of tax-assessors.

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Sec. 2. That said Act approved August 3, 1927, be and the same is hereby amended by striking and repealing all of section 94 which provides for the assessment of unreturned property, for raising assessments, for notice and hearing and appeals therefrom, and inserting in lieu thereof a new section to be numbered section 94 and to read as follows: Tax-assessments. Section 94. Assessment of Unreturned Property: Raising assessment, Notice and Hearing, Appeals.When any property in the City of Macon has not been returned for taxation by the tenth day of February, as required by law, it shall be the duty of the board of tax-assessors to assess said property for taxation at its fair market value, adding as a penalty for failure to make return, ten per cent. of the market value of said property. When any property in the city of Macon has been returned for taxation at a value which, in the opinion of the said board of tax-assessors, is less than its fair market value, it shall be the duty of said board to ascertain the fair market value of said property and to assess it for taxation at said market value. When any assessment is made as herein provided, it shall be the duty of said board, within ten days after the making of said assessment, to give to the owner of such property notice in writing of said assessment. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justness and fairness of said assessment, and of the time and place of the hearing. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. The notice in any such case shall be considered as given on the day it is mailed. If the owner of any such property fails or refuses to appear either in person or by agent, at the time and place designated in said notice, then the assessment as made shall be final. Section as amended.

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Any taxpayer, who may, after a hearing by the board of tax-assessors be dissatisfied with the action of said board on any such hearing, shall have the right to appeal to the Board of Tax Appeals for the City of Macon, which board is hereby created to consist of three members who shall be residents of the City of Macon, and shall be owners of real property situated therein. Appeal. The said board shall be constituted and organized within twenty days from the passage and approval of this Act, and the first incumbents of said board shall be appointed by the Mayor of the City of Macon, with the advice and consent of the council, to serve until January 1, 1936, and until their successors are elected and qualified as hereinafter prescribed. Term of office. The successors in office of the first appointees shall be elected at the same election during the year of 1935 at which the mayor and council are elected, and shall hold office for a period of two years beginning January 1, 1936, and until their successors are in turn elected and qualified at the election for mayor and council to be held during the year 1937, and at each election for mayor and council held biennially thereafter. In the event of the resignation, death, disqualification, or refusal to act of any member or members of said tax appeal board, the vacancy shall be filled by mayor and council by appointment, the appointee to possess the necessary qualifications above set forth, and to serve until his successor shall be elected and qualified at the election for mayor and council held biennially thereafter. Vacancies. Per diem compensation to the members of said board shall be prescribed by the mayor and council of the City of Macon, but shall in no event exceed the sum of ten dollars ($10.00) per member for each day in which said board of tax appeals is actually in session. The compensation shall not be changed during the term of office of the members. Pay.

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The City of Macon, or any taxpayer, may appeal from any return or assessment to said board of tax appeals by filing, under oath, a writing which separately lists each piece of property involved, together with the valuation at which returned by the taxpayer and the valuation at which assessed by the board of tax-assessors for the particular year in question. If said taxpayer is represented by an agent or attorney in fact a written power of attorney or of agency shall accompany the appeal, in the event such appeal is verified by such agent or attorney in fact. Said appeal must be filed with said board of tax appeals within twenty days from the decision of the board of tax-assessors complained of. Appeal Said board of tax appeals shall have full and complete power and authority to hear and determine such appeals, and to 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 the mayor and council of the City of Macon shall be authorized by proper ordinance to punish in the Recorder's Court of the City of Macon any person refusing to so attend and testify or to produce books or papers, when required by the said board of tax appeals. The said board of tax appeals shall have power to make reasonable rules and regulations concerning the time of hearing such appeals and the method of procedure before them. The mayor and board of aldermen of said city shall prescribe the time when said board shall convene and the time when the appeals to said board from tax assessments and returns shall be finally determined. If any re-assessments of property are made by the board of tax-assessors under the provisions of section two hereof (section 93 as re-enacted) the taxpayer and the City of Macon shall have the right to appeal to the board of tax appeals to review such re-assessments, and the action of the board of tax appeals on such appeals shall be final. Such appeals are in lieu of any other appeal.

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All appeals from assessments made by the board of tax-assessors for 1935 taxes which are now pending before the mayor and council of the City of Macon or any of its committees shall immediately be transferred to the Board of Tax Appeals upon its organization, and heard and determined by that board. The action of the board on such appeals shall be final. Sec. 3. That the provisions of sections 1 and 2 of this Act and of sections 93 and 94 of said Act of August 3, 1927, as hereby amended shall become effective from and after the passage and approval of this Act, and shall govern the procedure of all matters of taxation subsequently arising, including the assessment of property for taxation for the year 1935, whether such matters relate to original returns and/or assessments, or to re-assessments of properties returned and/or assessed since January 1, 1929, provided that such re-assessment be made within seven years. Sec. 4. If any section or portion of this Act shall be declared unconstitutional or invalid for any reason, the remaining portion or sections hereof shall not be affected. Invalidity of part of Act. Sec. 5. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. MACON WATER COMMISSIONERS; AMENDING ACT. NO. 42. An Act to amend section 105 of the Act of the General Assembly of Georgia, approved August 3, 1927, re-enacting and amending the charter of the City 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 section 105 of the Act of the General Assembly of Georgia approved August 3, 1927, re-enacting and amending

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the charter of the City of Macon (Georgia Laws 1927, pages 1344-1345), be amended by adding to said section the following proviso; to wit: Provided, that the said Board of Water Commissioners may, in their discretion, advance to the City of Macon from time to time, during any calendar year, and in such amount, or amounts, as said board may determine upon, any sum, or sums, derived from the operation of said waterworks system after paying the necessary cost of maintenance, extensions, repairs, and all operating expenses of said waterworks system, provided further that the amount so advanced shall in no event exceed the aggregate amount of twenty thousand ($20,000.00) dollars in any calendar year. It shall be the duty of the said Board of Commissioners at the end of each calendar year, when they pay over to the treasurer of the City of Macon funds with which to pay or retire the bonds and interest coupons maturing on January 1 following, to deduct from said payment the amount theretofore advanced or paid to the City of Macon, and it shall be the duty of the Mayor and Board of Aldermen of the City of Macon to appropriate from its revenue a sufficient sum to replace the amount, or amounts, so advanced by the Board of Water Commissioners. Advancements to city. Sec. 2. Be it further enacted by the authority aforesaid, that all laws, or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1935. MARTIN CHARTER AMENDMENTS. NO. 336. An Act to amend the charter of the Town of Martin, in Stephens County, approved September 7, 1891, to provide for the registration of voters and voters' list for elections; to provide for the issuing of bonds for educational purposes, and to provide for payment thereof by taxation; to provide for tax-assessors to equalize and

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assess property for tax purposes, duties of town clerk; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, a system of registration of voters is hereby established for the Town of Martin, and that no person shall be allowed to vote in any elections of any kind of said town without having first registered in accordance with the provision of this charter, and of such ordinances and regulations as may be adopted hereunder, and the mayor and council are empowered to adopt such ordinances and regulations as may be deemed proper to carry out the provisions of this Act. Registration of voters. Sec. 2. That the clerk of the town council shall receive all registration of voters for said town and shall keep the books of registration open at all times, at the town office, during business hours, to receive the registration of all qualified voters, except the fifteen days next preceding the date of any election. Any voter registering under this Act shall be a qualified voter as long as he remains a citizen of the Town of Martin, and pays all taxes required of him by law. The clerk is empowered and authorized to administer the oath to those registering, which shall be as follows: I do solemnly swear that I am 21 years of age, and that I have resided in the Town of Martin for six months previous to this date, or that I will have so resided before said election, and that I am a citizen of the State of Georgia, and that I have paid all taxes required of me by law, so help me God. Sec. 3. That at the first meeting of the mayor and council held after the passage of this Act, they shall elect by ballot three registrars, who shall serve until their successors are elected and qualified. These registrars shall be elected by the mayor and council at the first regular meeting in January of each year. Said registrars shall be qualified voters of said town, and before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the

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best of my ability, the duties imposed upon me by law as such registrar, so help me God. Said oath shall be filed with the clerk and entered upon the minutes. Fifteen days prior to any election, held in the town of Martin, the clerk of the council shall turn over to the registrars the books of registered voters, and said registrars shall appoint a time when they are in open session in council chamber to hear complaints. When a complaint is made that any voter has registered and who is not entitled to vote, he shall have three days of personal notice, if in town, if out of town, notice to be left at his residence, of time and place of hearing, to determine if such name should remain or be stricken. That after the registrars have completed their work in revising the registration list, they shall carefully make or cause to be made, two alphabetical lists exactly the same, giving name, age, occupation, and color, and shall certify to the correctness of each list, filing one copy with the clerk, and securely sealing one list, plainly mark and sign the outside officially and deliver to the clerk, to be kept unopened until election day, and then delivered to the election managers. Election of registrars. Voters' lists. Sec. 4. That three days prior to the elections, the mayor and council shall name as election managers three qualified voters, to be freeholders, who shall hold said election, and who shall make written oath to hold said election according to law, and they shall receive from the clerk sealed registration list, and permit no one to vote whose name does not appear thereon. After said election, all ballots cast shall be deposited in a box, sealed and delivered to the clerk, and held for 30 days, and if no contest filed, then to be destroyed. The voters list and tally sheets shall be returned to the clerk, and preserved. The polls shall open at 7 o'clock, and close at 4 o'clock. The managers shall certify by certificate the results of the election to the mayor and council, and recorded on the minutes of said mayor and council. Election managers. Sec. 5. Be it further enacted, that the mayor and council of said town are hereby authorized and empowered to call elections by the qualified voters of said town, in accordance

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with the provision of the laws of the State of Georgia, and at such time said mayor and council shall designate, to determine whether or not bonds shall issue. Bond may be issued by said town for any educational purposes, to build school houses, school auditoriums, and to equip same, and are to be issued under the general law of the State of Georgia with reference to the issuance of bonds by municipalities. Bond issue. Sec. 6. Be it further enacted, that the mayor and council of said town are hereby authorized and empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said town, a sufficient tax and sum to meet, pay off and retire said bonded indebtedness that may be incurred, according to the manner of the terms, stipulations and tenor of said bonds, creating a sinking fund for the payment of principal and interest, the same to be within the limits fixed by the general laws of the State of Georgia with reference to levying and collecting taxes. Taxes. Sec. 7. Be it further enacted, that the Mayor and Council of the Town of Martin shall have power and authority to appoint three freeholders as a board of assessors of tax returns, whose duty shall be, between May 1, and June 1, in each year, to scrutinize carefully each return of property, real and personal, made by every taxpayer, and if in their judgment the property is returned below its fair value, they shall assess its true value for taxation, and all property not returned, they may assess it at its true value for taxation. After such property shall have been assessed as provided in this section, the assessments shall be open for inspection from June 1, to July 1, of each year, and in the event any taxpayer shall be dissatisfied with the assessment, shall make complaint in writing to the clerk for arbitration, the taxpayer selecting one arbitrator, and the mayor an arbitrator, the two arbitrators to select the third arbitrator, all of whom shall be freeholders of the Town of Martin; it shall be the duties of the arbitrators to investigate the complaint, and report to the tax-assessors their finding, and which

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shall be final; should the taxpayer refuse to appoint an arbitrator, then it shall be the duty of the mayor to appoint all three arbitrators, who shall likewise serve and report their finding as herein provided. Sec. 8. Be it further enacted, that the Mayor and Council of the Town of Martin at their first meeting to install officers for the ensuing year, they shall elect a town clerk, which officer shall likewise be treasurer of said town, and the duty of the clerk shall be to keep all records, minutes of the mayor and council, to issue all writs, executions, summons, subpoenas, and all other legal papers in the conduct of the duties of the office of a town clerk, and as may be prescribed by ordinance, and to collect all monies, taxes, fines, and other revenue of said town, and to make certificate of all papers as may be by law required of this office, and he is charged with the disbursement of all town funds by voucher, when counter-signed by the mayor of said town. Election of officers. Sec. 9. Be it further enacted, that all taxpayers of the Town of Martin shall have the right to file an affidavit of illegality to any levy made upon any property in said town in which said taxpayer has an interest, if for any reason said levy and sale is proceeding illegally, and it shall be the duty of such taxpayer to plainly and distinctly set forth the various grounds the illegal process and levy is proceeding, as well as may be otherwise provided by the general laws of said State, and when received by the town marshal, it shall be his duty to postpone the sale of said property, and to return said affidavit of illegality to the Superior Court of said county, there to be tried, and the issues determined as other illegalities in accordance with the laws of said State. Affidavit of illegality. Sec. 10. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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McCAYSVILLE CHARTER AMENDMENTS. NO. 85. An Act to amend an Act which is amendatory of an Act to amend, consolidate, and supersede the several Acts incorporating the Town of McCaysville and McCaysville, County of Fannin, State of Georgia; to create a municipal corporation to be known as the City of McCaysville; to create a new charter and municipal government for said corporation and other provisions, approved July 26, 1920, said amendatory Act being approved August 19, 1922, by repealing section 2 of said amendatory Act, which provides for the election of mayor and council on the 2nd day of December, 1922, and annually thereafter, and also providing that the term of office for the mayor and council for said City of McCaysville shall commence on the first Monday in January next, after their election, and also providing that said mayor and council shall take the oath prescribed therein, and also to amend an amendatory Act of said Act creating a new charter for McCaysville and the Town of McCaysville, approved July 26, 1920; said amendatory Act being approved August 1, 1927; by amending section 4 of said amendatory Act by striking therefrom the following words, which is the commencement of said section 4; to wit: Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December in each year after the passage of this Act, unless such voter was registered upon said permanent qualification book on the 20th day of November of each year, and by inserting in lieu thereof the following words; to wit: Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December, 1935, and biennially thereafter, on the same date, after the passage of this Act, unless such voter was registered upon said permanent qualification book on the 20th day of November of the particular year in which an election

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is held for said mayor and council. And by further amending said amendatory Act by amending section 5 of said Act by striking therefrom the following words, commencing with 5 of said Act; to wit: Be it further enacted by the authority aforesaid, that on or before the 20th day of November of each year, after the passage of this Act, it shall be the duty of the mayor and council of the said City of McCaysville, to appoint three competent persons who shall be qualified voters of said City of McCaysville, who shall constitute the board of city registrars for said City of McCaysville, and by inserting in lieu thereof, the following words; to wit: Be it further enacted by the authority aforesaid, that on or before the 20th day of November, 1935, and biennially thereafter, on the same date, after the passage of this Act, it shall be the duty of the mayor and council of the said City of McCaysville, to appoint three competent persons who shall be qualified voters of said City of McCaysville, and who shall constitute the board of city registrars for said City of McCaysville; and by providing that there shall be an election for mayor and five councilmen for said City of McCaysville on the second Saturday in December, 1935, and biennially thereafter, on the same date, and that the terms of said mayor and councilmen so elected, shall be for two years, commencing on the first Monday in January, 1936, and biennially thereafter, on the same date, after their election, and until their successors are elected or appointed and qualified, and that said mayor and councilmen so elected shall meet at the city hall and take the oath of office on the first Monday in January after their election, and to provide for the meetings of said mayor and council, and how vacancies in the office of said mayor and council shall be filled by said mayor and council; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that an Act which is amendatory of an Act to create a new charter for McCaysville and the Town of McCaysville in the County of Fannin, State of Georgia; to

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create a new charter and municipal government for said corporation, and other provisions, approved July 26, 1920 (Acts of the General Assembly of the State of Georgia, pages 1236 to 1278, both inclusive); said amendatory Act being approved August 19, 1922; (Acts of the General Assembly of the State of Georgia, pages 909 to 912, both inclusive); by repealing section 2 of said amendatory Act, which provides for the election of a mayor and council on the 2nd day of December, 1922, and annually thereafter, and also providing that the term of office for the mayor and council for said City of McCaysville shall commence on the first Monday in January, next, after their election, and also providing that said mayor and council shall take the oath prescribed therein. Election of mayor; term of office. Sec. 2. Be it further enacted by the authority aforesaid, that an amendatory Act of said Act creating a new charter for McCaysville and the Town of McCaysville, approved July 26, 1920; said amendatory Act being approved August 1, 1927 (Acts of the General Assembly of the State of Georgia, pages 1384 to 1396, both inclusive); by amending section 4 of said amendatory Act, by striking therefrom the following words, which are the commencement of said section 4; to wit: Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December in each year, after the passage of this Act, unless such voter was registered upon the said permanent qualification book on the 20th day of November of each year, and by inserting in lieu thereof the following words; to wit: Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December, 1935, and biennially thereafter, on the same date, after the passage of this Act, unless such voter was registered upon said permanent qualification book on the 20th day of November of the particular year in which an election is held for said mayor and council, so that said section 4 of said amendatory Act, when so amended, shall read as follows: Permanent registration of voters.

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Sec. 4. Be it further enacted by the authority aforesaid, that no voter shall be entitled to vote in the general election for mayor and council, to be held on the second Saturday in December, 1935, and biennially thereafter, on the same date, after the passage of this Act, unless such voter was registered upon said permanent qualification book on the 20th day of November of the particular year in which an election is held for said mayor and council. For any intermediate or special elections in said City of McCaysville for any purpose, no voter shall be permitted to vote in any intermediate or special elections who has not registered upon said permanent qualification book at least ten days before such special or intermediate elections are held in said City of McCaysville for any purpose. Sec. 3. Be it further enacted by the authority aforesaid, that said amendatory Act be further amended by amending section 5 of said amendatory Act by striking therefrom the following words, commencing with section 5 of said Act; to wit: Be it further enacted by the authority aforesaid, that on or before the 20th day of November of each year after the passage of this Act, it shall be the duty of the mayor and council of the City of McCaysville, to appoint three competent persons, who shall be qualified voters of said City of McCaysville, who shall constitute the board of city registrars for said City of McCaysville, and by inserting in lieu thereof the following words; to wit: Be it further enacted by the authority aforesaid, that on or before the 20th day of November, 1935, and biennially thereafter, on the said date, after the passage of this Act, it shall be the duty of the mayor and council of the City of McCaysville to appoint three competent persons, who shall be qualified voters of said City of McCaysville, and who shall constitute the board of city registrars for said City of McCaysville, so that said section 5 of said Act, when so amended, shall read as follows: Registrars. Sec. 5. Be it further enacted by the authority aforesaid, that on or before the 20th day of November, 1935, and biennially thereafter, on the said date, after the passage of

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this Act, it shall be the duty of the mayor and council of the City of McCaysville to appoint three competent persons, who shall be qualified voters of said City of McCaysville, and who shall constitute the board of city registrars for said City of McCaysville. Before entering upon his duties, each of said city registrars shall take the following oath before some officer authorized to administer oaths under the laws of this State, to wit: I do solemnly swear that I will faithfully and impartially discharge to the best of my ability the duties imposed upon me by law as city registrar for the City of McCaysville. Said oath shall be filed with the city clerk. On the twenty-first day of November, or as soon thereafter as practicable, it shall be the duty of the said city board of registrars to meet at the office of the clerk of the City of McCaysville, and at their first meeting they shall elect a chairman of said board, and the city clerk of the City of McCaysville shall be ex-officio clerk of said board of city registrars, and it shall be the duty of said city clerk to furnish to said board of city registrars the permanent qualification book in which shall appear the names of all persons who have registered upon said permanent qualification book, and it shall be the duty of said clerk at the same time to furnish to said board of registrars a complete list of all persons who are registered upon said permanent qualification book who are tax defaulters or who have not paid all taxes of every character legally imposed and demanded by the authorities of the City of McCaysville. It shall be the duty of said city registrars to inspect and examine said list carefully, and if it shall appear to them that any person or persons whose names appear upon said permanent qualification book is not a legally qualified voter of the said City of McCaysville, it shall be the duty of said registrars to serve notice upon such person that his right to have his or her name remain upon said permanent qualification book is challenged by said board of registrars. Said notice shall be served upon such person or persons who may be challenged, by the city marshal of the City of McCaysville, in person, at least three days before the time fixed for the hearing before said board of registrars. Said notice shall be

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prepared in duplicate, and the said city marshal shall make his entry upon the original notice and serve the copy upon such person challenged. Said notice shall be directed to the person challenged, and shall bear the name of the chairman of the board, and shall be signed by the city clerk and said notice shall state the place and date and hour when said voter will be heard as to his right to have his or her name appear upon said permanent qualification book, and said notice shall state that said board of registrars challenged the right of the name of such person to remain upon said permanent qualification book. If such person challenged shall fail to appear at the time and place fixed in the notice, said registrars shall have the right and power to proceed ex-parte to determine whether or not said person's name shall remain upon said permanent qualification book, but if such person shall appear, he or she shall have the right to submit evidence and to be heard as to his or her right to have his or her name remain upon said permanent qualification book. The action of said city board of registrars in passing and determining, as to whose name shall remain upon said permanent qualification book shall be final, and no person shall be permitted to vote in any general or special election except such voters whose names are certified to by said city board of registrars as being the persons whose names appear upon said permanent qualification book as legally qualified voters of said City of McCaysville. After said city board of registrars have completed their investigation and all hearings as to such voter or voters challenged, it shall be the duty of said city board of registrars to make up and furnish the city clerk a list of the names of such voters whose names are upon the permanent qualification book, and said city clerk shall, on the morning of any general or special election, before the polls are opened, deliver said certified list received by him from said board of registrars to the managers of said election, along with other election papers, and no person shall be permitted to vo e in said general or special election whose name does not appear upon said certified list so furnished by said board of registrars. For any intermediate or special election held in

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said City of McCaysville for any purpose, said board of registrars shall meet within ten days before such special or intermediate election and shall purge said list of the names of any persons whose names appear upon said permanent qualification book, and certify the same to the city clerk in the same manner as herein provided for the purging said list of voters for any general election. In determining as to the names of persons to remain upon said permanent qualification book, it shall be the duty of said city board of registrars to examine the books and records of the tax collector of Fannin County, Georgia, and ascertain if any person or persons whose names appear upon said permanent qualification book are not qualified to vote for members of the General Assembly of this State. The compensation to be received by said city board of registrars shall be fixed by the mayor and council. Oath of registrars. Sec. 4. Be it further enacted by the authority aforesaid, that on the second Saturday in December, 1935, and biennially thereafter, on the same date, there shall be elected for said City of McCaysville by the qualified voters herein, a mayor and five councilmen. All elections for mayor and councilmen under this charter shall be by general tickets. The term of the office of the mayor and councilmen elected under the provisions of this Act, shall be for two years, commencing on the first Monday in January, 1936, next, after their election, and biennially thereafter, on the same date, and until their successors are elected, or appointed and qualified. On the first Monday in January, after their election, the mayor and councilmen-elect shall meet at the city hall in said city and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: Mayor and councilmen. I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the Town of McCaysville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability and skill, without fear or favor; so help me God. Should the mayor or any councilman be

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absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide by ordinance for regular monthly meetings, and may hold such special or called meetings as the business or city may require, to be conveyed as provided by the city ordinance. In the event that the office of mayor or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in case of vacancies in the council, and by the councilmen in case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies. Oath. Meetings. Vacancy. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 7, 1935. METTER OFFICERS; ELIGIBILITY. NO. 229. An Act to amend an Act approved August 16, 1920, entitled: An Act to create a new charter for the City of Metter, in the County of Candler, and to reincorporate said city, and define its territorial limits, to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof, etc., so as to fix the qualifications of persons rendering them eligible to the office of mayor or member of the council of the City of Metter. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 4 of the Act approved August 16, 1920, entitled An Act to create a new charter for the City of Metter, etc., be and the same is hereby amended as follows: by adding to said section the words: And

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shall be a freeholder owning real estate within the corporate limits of the City of Metter, so that when section is so amended it shall read as follows: Section 4. Be it further enacted, that no person shall be eligible to the office of mayor or council of said city unless he shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in the municipal elections for officers of said City of Metter, and shall be a freeholder owning real estate within the corporate limits of the City of Metter. Mayor or councilman to be freeholder of city. Sec. 2. Be it further enacted by the authority aforesaid, that all other Acts in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. MITCHELL NEW CHARTER NO. 94. An Act to amend, consolidate and supersede the several Acts incorporating the Town of Mitchell, in the County of Glascock; to reincorporate said town and define its territorial limits; to continue in operation, confirming and consolidating 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; to declare and constitute the rights and powers of said town; to provide the rights, powers, duties and qualification of all officers and the manner of their election or appointment; to provide for the retention in office for the present officers until their terms expire; to provide for the qualification of all electors and voters therein and when the registration books of said town shall be open; to provide for the mayor's court, the trial and punishment therein of all offenders against the laws of said town, and manner of appeal therefrom;

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to provide for a town chain-gang and stockade and the working of prisoners; to provide for a town attorney, physician and board of health, quarantine and vaccination; to provide for the creation and regulation of a school system, water and sewerage system; to authorize said town to borrow money, to hold elections for the issuance of bonds for said purpose and other improvements; to grant franchises; to provide for electric light system; to provide for the assessment, levy and collection of an ad valorem tax and all other taxes; fire regulation; provide for the building and maintaining streets and sidewalks; to provide for all matters and things necessary and proper or incident to a municipal corporation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the corporate existence and identity, territorial limits and jurisdiction of the Town of Mitchell, in the County of Glascock, and State of Georgia, with all the corporate rights, powers and privileges conferred, and all duties, obligations and liabilities imposed by law, are hereby preserved unto said town, except as altered or changed or amended by this Act; all resolutions and ordinances thereof now in force not in conflict herewith shall remain unchanged, subject, however, to be hereafter amended or repealed by the duly constituted authorities of said town. All property and property rights now held, owned or possessed by said town, and all pending suits or claims by or against said town are preserved and unaltered. Existing rights, etc., preserved. Sec. 2. Be it further enacted by the authority of the same, that the corporate limits of said town shall extend twelve hundred yards in each and every direction from a point where the public road or street crosses the Georgia and Florida Railroad or where it did cross before said railroad was abandoned. Corporate limits. Sec. 3. Be it further enacted, that the municipal government of said town shall be vested in a mayor and five councilmen to be elected as hereinafter provided and such

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other officers as the mayor and councilmen may consider right and proper to elect or appoint, as hereinafter provided. That said mayor and councilmen shall constitute the legislative department of said town and as such shall have full power and authority, from time to time, to make and establish such rules, laws and ordinances, regulations and orders as may to them seem right and proper respecting streets, sidewalks, alleys, lanes, parks, open courts, rail-roads, automobiles, bicycles, carriages, drays, hacks, cabs, wagons, livery and sales stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theaters, picture shows, dance halls, and other places of amusements, bowling alleys, pool and billiard rooms, garages, shops, mills, factories, ginneries, soda fountains, barber shops, telephone and telegraph companies, express companies, gas, water and light companies, electric companies, booths, stands, warehouses, tents and all and every other matter and thing 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, convenience of the inhabitants of said town, and for preserving the peace, good order and dignity of said government. This enumeration of powers shall not be construed as restrictive 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 to said town government by this Act, or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers. Mayor and councilmen. Sec. 4. Be it further enacted, that the mayor and five councilmen of Town of Mitchell shall collectively be known as the Town Council of Mitchell and by that name shall have perpetual succession. On the first Monday in August 1936 and every two years thereafter on the same day an election shall be held in the council chamber or in any other place designated by the town council from time

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to time, in said town, an election shall be held for mayor and five councilmen, who shall hold their offices for two years each and until their successors are elected and qualified. Provided, however, that the present incumbents shall hold office until the expiration of the term of office for which they were elected. The mayor and three councilmen shall constitute a quorum, or in the absence of the mayor, the mayor pro tem. and three councilmen shall constitute a quorum. In the event of a vacancy occurring in the office of mayor or of any member of the council, from any cause, then and in that event a quorum of the Town Council of Mitchell, in regular or special session may fill said vacancy by electing some person to serve the unexpired term, or the said town council, may in their discretion order a special election to fill such vacancy, and said election shall be held within twenty days from the date of the order of the council, during which time not less than ten days notice of said election shall be published by posting notice of same at the place of holding said election and at one other public place in the Town of Mitchell. Said election or elections shall be held at the usual place of holding elections for mayor and council for the Town of Mitchell, unless some other place is designated by the town council, and in all other respects regulated, managed and controlled in the manner hereinafter provided for the election of such officers. The term of office of mayor and councilmen shall begin on the first Monday in September following his or their election, except in the event of the election or appointment of any one or more of said officers to fill a vacancy, in which event the officer elected or appointed to fill a vacancy shall qualify within two days after the declaration of the results of said election or appointment, and shall fill the unexpired term of the officer whose term he fills. Returns of all elections shall be made to the mayor and town council, who shall receive same and declare the results thereof. Mayor and councilmen; election, term. Sec. 5. Be it further enacted, that every person, who shall have attained the age of twenty-one years and who is a citizen of the United States and who shall have resided

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and had his domicile in the State of Georgia for one year, and in the County of Glascock for six months and in the Town of Mitchell for six months next preceding the date of election, and who shall have paid all State and County tax since the adoption of the present Constitution of the State of Georgia, and who shall have paid all municipal taxes and licenses or done all work on the streets legally required of him by the Town of Mitchell since the approval by the Governor, of this charter, and who are otherwise qualified to vote for the members of the General Assembly of the State of Georgia, and who have registered as hereinafter provided, shall be qualified to vote at any election held in the Town of Mitchell under this charter. Voters' qualifications. Sec. 6. Be it further enacted, that any citizen of the Town of Mitchell who shall have paid all taxes and licenses due by him to the Town of Mitchell, and shall have done all street work legally required of him by the Town Council and who is a qualified voter for members of the General Assembly of the State of Georgia, and who has resided in said town for six months next before said election, shall be qualified to vote in any election for mayor and council and other municipal elections. The Town Council of Mitchell shall have the power and authority to pass such rules and regulations as they may deem proper providing the registration of voters in their municipal elections, and the furnishing of a list thereof to the managers. All municipal elections shall be held by two managers, and one clerk, all of whom shall be qualified voters of the election held. A manager of said elections to be qualified as such, must be either a justice of the peace, or notary public-ex-officio justice of the peace of the militia district in which said town is located, or a freeholder of the Town of Mitchell, the managers and clerk at all such elections shall be designated by the mayor and council, members of the council shall not be disqualified because they hold such offices and said elections shall otherwise be held under the same rules and regulations as are now or may hereafter be provided by law for the election of members of

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the General Assembly of Georgia, except as herein otherwise provided. Same. Election managers. Sec. 7. Be it further enacted, that in all elections held for the purpose of authorizing the issuing of bonds by the mayor and council of said town and in all special elections for any purposes whatever, a special registration shall be prepared in the same manner and under the same rules and regulations provided in this Act for the election of mayor and councilmen of said town, and no such bond election or special election shall be held without special registration thereof, unless said election shall occur within six months after the close of the registration books for the election just preceding, or unless there shall have been no previous registration law in force in said town. Bond Elections. Sec. 8. Be it further enacted, that the town council shall appoint two persons as managers and one person as clerk who are qualified under section six of this Act to act as such, to hold each municipal election. It shall be the duty of the managers to receive and verify the votes polled, and to make return to the first regular or call meeting of the town council. Each of said managers before entering upon his duties shall take and subscribe the following oath before some officer authorized by law to administer oaths: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal votes to the best of my ability and power, so help me God. It shall be the duty of the clerk to keep correct lists of all votes and correct tally sheets of all voters counted, and as far as they can see that such election is properly conducted. Election managers. Sec. 9. Be it further enacted, that if any person offering to vote at any election, in and for said town by said authorities, as aforesaid, is challenged he shall take the following oath: I do solemnly swear that I am twenty-one years of age; that I am a citizen of the United States [Illegible Text] that I have resided in and had my domicile in the State [Illegible Text] Georgia for one year, and in the County of Glascock for six months and in the Town of Mitchell for six months

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immediately preceding this election; that I have paid all State and County taxes since the adoption of the present Constitution of the State of Georgia, and all municipal taxes and licenses, and have done all street work legally required of me by the authorities of the Town of Mitchell; that I am otherwise qualified to vote for members of the General Assembly of Georgia; that I have registered according to law and that I have not voted in this election, so help me God. And no person challenged shall be allowed to vote if he refuses to take said oath. Any person voting illegally at any election in the Town of Mitchell shall be liable to the penalties prescribed by the laws of the State of Georgia for illegal voting in the State and County elections, and may be prosecuted for the same in any court in Glascock County having jurisdiction of the same. Challenge of voter. Oath. Illegal voting. Sec. 10. Be it further enacted, that the election held under the provisions of this Act, shall be held by such parties as may be qualified to do so under section six of this Act, and such as may be selected and designated by the mayor and council. The managers of all elections shall before entering upon their duty, be sworn to conduct said elections fairly and impartially and to allow no one to vote who is not justly entitled to do so under the law, not knowingly prohibit any one from voting who is so entitled. They shall conduct said election in the same manner and under the same rules as govern elections for State and County officers. The oath of the managers may be administered by any officer authorized by law to administer oaths, or by the mayor. The polls shall be open at eight o'clock a. m. and close at three o'clock p. m. They shall certify the results of the election, stating the number of votes that each person received and turn over said certificate and ballots, lists and tally sheets to the council then in office, at the first regular or call meeting thereafter, who shall declare the results. Said managers and clerk shall receive for their services, such compensation as may be allowed by the council then in office. Conduct of election.

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Sec. 11. Be it further enacted that the persons elected as mayor and councilmen shall attend on the first Monday, at noon, in September, after their election at the usual place of meeting for the purpose of qualifying and taking the oath of office, provided they have not before qualified and taken the oath of office. The mayor and every councilman so elected shall take and subscribe before some officer authorized by law to administer oaths, the following oaths: I (A. B.) do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the Town of Mitchell and the common interest thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Mayor and councilmen; organization meeting. Sec. 12. Be it further enacted, that in cases any mayor or councilman, shall fail, neglect or refuse to qualify after being elected, a vacancy in such office shall exist and be filled by appointment or election as set out in section four of this charter, for the purpose of filling said vacancy. Vacancy. Sec. 13. Be it further enacted, that no person shall be eligible to hold the office of mayor unless he be at least twenty-five years of age, a qualified elector of the Town of Mitchell and shall have resided in said town for at least one year immediately preceeding his election. No person shall be eligible to the office of councilman, unless he shall have attained the age of twenty-one years, be a qualified elector of the Town of Mitchell, and shall have resided in said town for at least one year immediately preceding his election. Qualifications of mayor and councilman. Sec. 14. Be it further enacted, that the Mayor of the Town of Mitchell shall be the chief executive officer thereof. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully executed and enforced; and that all the officers of said town faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said town and shall preside at all meetings of the town council. He shall have power to

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covene the council in special, call or extra sessions when ever in his judgment it becomes necessary. On all question before the town council the mayor or mayor pro tem., if he be presiding, shall be entitled to vote. Mayor's duties, etc. Sec. 15. Be it further enacted, that the mayor, councilmen, clerk of the council, chief of police or marshal, treasurer of said town and all other officers, agents and employees of said town, shall be paid such salary for their services as may be fixed by the Mayor and Town Council of the Town of Mitchell, from time to time. Salary. Sec. 16. Be it further enacted, that should the mayor or any member of the town council be guilty of malpractice in office or wilful neglect of his duties of office, or abuse of the powers conferred on him or should be guilty of any other conduct unbecoming an officer of the Town of Mitchell, he shall be subject to impeachment by the town council and on conviction shall be removed from office. Malpractice. Sec. 17. Be it further enacted, that there shall be a mayor pro tem., who shall be elected from the council to preside over that body in the absence or disability of the mayor; and who shall be clothed with all the rights, powers and duties of the mayor during the absence or disability of said mayor. Before entering upon the discharge of his duties as mayor pro tem., he shall take the same oath prescribed for the mayor, in addition to the oath taken by him as councilman. Should the mayor and mayor pro tem., both be absent or unable from any cause to attend to the duties of mayor, the council shall elect a chairman from their body who shall take the same oath and be clothed with all the powers, rights and duties of mayor and mayor pro tem. Mayor pro tem. Sec. 18. Be it further enacted, that the police force of the Town of Mitchell shall consist of a chief of police or marshal, and such other officers and men as the town council may by ordinance prescribe. Their term of office shall be for one year, but they or any of them may be suspended or discharged by the town council at any time when in their opinion such suspension or discharge becomes necessary for

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the good of the service or the interest of the town, or their services are no longer needed. They shall have power and authority to arrest all persons within said town guilty of or charged with violating any of the pental laws of this State or any of the ordinances of the Town of Mitchell, and all persons committing or attempting to commit any crime against the laws of said State, or any violation of any ordinance of said town. They shall have power and authority to confine all persons arrested in the town prison or the common county jail of Glascock County, or if no county jail in Glascock County, in any county jail usually used by the Sheriff of Glascock 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 the mayor's court in bailable cases shall be allowed to do so. The amount of bail may be fixed by the mayor or party acting as mayor and in his or their absence or failute to do so, by the chief of police or marshal. The chief of police or marshal, either that the council may desire to have, or both, shall be elected by said council, who shall have power to prescribe all rules and regulations for the general management and discipline of the officers and men. Police Sec. 19. Be it further enacted, that it shall be the duty of the chief of police or marshal, either upon written or verbal notice from the mayor or any member of the town council to prosecute all offenders against the laws of this State, who commit crime within the limits of the Town of Mitchell. In case any crime is committed in the presence of the chief of police or marshal, or comes to his knowledge, it shall be his duty to prosecute the same without such notice. Prosecutions. Sec. 20. Be it further enacted, that the town council shall have power and authority to establish a fire department for said town, should said council deem it necessary for the welfare and protection of said town, and shall have the right to elect a chief of the fire department and such other officers as they may deem necessary to operate a fire department, fix said officers term of office, their salary, duties and powers and shall have the right to discharge any of them as they see fit. Fire department.

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Sec. 21. Be it further enacted, that there shall be a board of health to consist of a town physician and two citizens of the town, who shall be appointed by the mayor and confirmed by the council, provided the mayor and town council shall deem it necessary that such board of health be created. They shall hold their office for one year and until their successors are appointed and qualified. The mayor shall be chairman of said board and shall be entitled to vote therein. Said board shall meet once every month or oftener if necessary, during the term of office. Said board shall have full power to institute and endorse 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. They shall likewise have and exercise absolute power over the subject of quarantine, personal or otherwise, penalties for the violation of which shall be fixed by ordinance of the town council. The compensation of such officers shall be whatever the town council may fix. Board of health. Sec. 22. Be it further enacted, that said board of health shall have full power and authority to declare by resolution what acts and things shall be deemed nuisances, injurious to health, how and within what time the same shall be abated, and likewise to declare by resolutions what may by said board of health be deemed necessary for the preservation of the public health and for the prevention and generation of infectious and contagious diseases. All ordinances of the Town of Mitchell now in force for the prevention of all things mentioned shall have full force and effect until the same are changed, either by amendment or otherwise. The town council shall by proper ordinances provide for the punishment of offenders against the resolutions of the board of health, and the mayor's court shall have jurisdiction to try and punish all persons charged with and found guilty of any violation of any resolution of said board of health, and the fines arising therefrom shall be paid into the town treasury. Nuisances. Sec. 23. Be it further enacted, that said board of health shall have the supervision of all streets, lanes, water closets,

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together with the drainage and sewers of the town. The small-pox hospitals, pest houses and all other like places shall be under the sole management of said board of health. They shall examine all public buildings and places and institutions within the town and compel such sanitary regulations therein as they deem necessary and proper. Said board of health shall make a full report of its actings and doings to the town council every quarter, together with such recommendations touching the public welfare as they may deem fit and proper, and shall make such other and further reports from time to time as the town council may require. Two members of said board and its chairman shall constitute a quorum for the transaction of business. The record of the proceedings of this board shall be open to public inspection and shall be filed and kept among the records of the town government. Said board of health shall have power to declare what are infected parts or places on information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts. They may establish such quarantine regulations, with the approval of the town council, as are not in conflict with the Constitution and laws of this State or of the United States. Whenever any member of said board shall fail to attend three regular consecutive meetings of said board, without sufficient excuse, the chairman shall report the same to the town council, who shall have authority to declare vacant and fill the same as in the first instance. Nuisances. Board of health. Sec. 24. Be it further enacted, that the town council shall, if no board of health has been created, or if created upon the report of the board of health, cause any nuisance likely to endanger the health of the town or any person therein, to be abated in a summary manner, and when a nuisance is caused by an act or negligence of any one individual, firm or corporation, the expense of such abatement shall be charged against the party causing the same, and payment thereof be enforced by fine or imprisonment, or both, in the discretion of said mayor and council. Nuisances.

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Sec. 25. Be it further enacted, that the town council shall if no board of health has been created, or if created upon the report of the board of health, cause the owner or owners of lots within the town to remove all obstructions that will prevent the natural flow of water and to drain them to their natural state. If the board of health deems it necessary to drain such lots more, the town council shall have power and authority to have done such drainage as they think needful and beneficial to the health of the town. Also upon the report of the board of health, if one has been created, otherwise the town council, may cause the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary. Whenever the owner or owners of any such lot or lots or cellar or cellars shall refuse, or fail to comply with all the requirements of the mayor and council after having notice of the same and a reasonable time in which to comply with same it shall be lawful for the mayor and council to have same done at the owner's expense; the said notice may be served on the owner or owners, his or their agent or the tenant in possession, and for the amount expended the clerk of the town shall issue an execution against said owner or owners, to be collected from said property belonging to him; the marshal shall levy said execution on said property, advertise and sell the same under terms and rules of sheriff's sales; and a sale under such execution by the marshal 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 fine or punishment for maintaining a nuisance. Drainage. Sec. 26. Be it further enacted, that no member of any of the boards herein provided for, shall be interested directly or indirectly in any contract made with the town, or receive any profit or emolument for any purchase or sale of material or other articles paid for out of the public revenues, or for which the town becomes responsible. Provided that this section shall not prohibit the merchants of the town from selling to the town such general merchandise as it may need. Prohibited interest in contract.

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Sec. 27. Be it further enacted, that at the first regular meeting of town council which shall be as hereinbefore provided, following the regular municipal election, for the purpose of reorganization, the council shall elect one of their number mayor pro tempore, for the term of two years, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office, perform and discharge all the duties and exercise all authority of the office of mayor, upon taking the usual oath. The town council shall also, at said meeting, elect a clerk or recorder as they may term it, a treasurer, a marshal, who may be chief of police and as many policemen as in their judgment may be necessary; a town attorney and town physician, if they deem them needed; and such other town officers as the mayor and council shall deem necessary in the government of said town, to be fixed by ordinance. Each of said officers shall take such oaths of office, give bond, if required by the town council in such amounts as may be required, and perform such duties as shall be fixed by ordinance, provided, that all official bonds, if any are required by the town council, shall be payable to the Town Council of Mitchell. Said mayor and council shall have power and authority, in their discretion to suspend or remove such officer from office, or impose fines on said officers; provided, that before removal or fine, such officers shall be entitled to a hearing before the mayor and council, on the charges preferred, under such rules as the mayor and council may fix. It shall be the duty of the mayor and council, prior to the election of such officers, to fix the salaries, fees and compensation, if any, of all officers, agents or employees of said town, which when once fixed, shall not be changed during the term of office of said officers, agents or employees. All of said officers, agents and employees shall be elected or appointed for terms of one year and until their successors are elected or appointed, as the case may be, and qualified, provided however the term of office of the clerk or recorder and town treasurer shall be for two years. Any of the members of the town council shall be eligible for election or appointment as clerk or recorder and town treasurer. Mayor pro tem. Election of officers.

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Sec. 28. Be it further enacted, that it shall be the duty of the clerk to be custodian of the books and records of the town; to attend, make and preserve minutes of all the acts and doings of each meeting of the town council; to be ex-officio clerk of the mayor's court and to perform any and all such other duties as are required of him by this Act and which may be required of him from time to time by the ordinances, rules and regulations of the town council. Before entering upon the discharge of his duties, he shall take before some officer authorized by law to administer oaths, an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond in such sum as may be required of him by the council, with good and sufficient security to be approved by the mayor. He shall, if required by the council, keep separate and correct accounts of all the several distinct and separate funds received and disbursed, so at all times to show the true condition of such funds. He shall make reports to the council at regular meetings when called on so to do. Clerk. Sec. 29. Be it further enacted, that it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received and all sums of money paid out, when, and to whom and for what purpose, and shall give receipts for all sums of money received by him, and shall take receipts for all sums of money paid out by him (vouchers upon which money is paid out shall be sufficient receipts), which books and receipts shall at all times be subject to inspection by any citizen of said town, and all money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are, hereby declared to be a fund for the exclusive use of said town. The duties of the treasurer are such as are now or may be required of him by the ordinances of said town. Before entering upon his duties, he shall take an oath before some officer authorized by law to administer oaths to faithfully and honestly discharge the duties of his office, and shall execute such bond as may be required of him by the town council, with good and sufficient security to be approved by the mayor. He shall make

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a report of all transactions at each regular meeting of the council if so required by them. Treasurer. Sec. 30. Be it further enacted, that all officers elected or appointed by the town council shall take such oaths and give such bonds as may be required of them by ordinances of said town, and perform such duties as may be required of them by ordinances, rules and regulations of the town council, and to otherwise conform to all requirements made by the town council governing such officers. Oaths, bonds. Sec. 31. Be it further enacted, that it shall be the duty of the chief of police or the police officer of said town, to levy and collect all executions for taxes or other moneys due the town; to advertise and conduct all sales of property under execution or other process, execute deeds and other conveyances usual in such cases, and to perform all such other services as the town council shall by ordinance require. Each police officer shall take the same oath of office as is required of the treasurer; provided, that nothing contained shall prevent the town council from consolidating and combining the offices of chief of police and town marshal and electing the same person to fill both offices. Police. Sec. 32. Be it further enacted, that the town council shall have authority by ordinance to prescribe the duties of its attorney and town physician, if any, and all other officers of the town whose duties are not herein prescribed, to fix their salaries and amount of bond, if any, they shall give for the faithful performance of their duties, and prescribe the oath to be taken by them. Attorney, physician. Sec. 33. Be it further enacted, that a mayor's court be, and the same is hereby established for the Town of Mitchell, which shall have jurisdiction to try all offenses against the laws and ordinances of the municipal government. Said court shall have power to punish crime and to enforce its sentences by fine or imprisonment, or both in the municipal chain-gang or such other place as the town may work its convicts, and power to enforce its judgments by inflicting such penalties as is herein provided and such as may be

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provided by ordinance not in conflict herewith, punish witnesses for non-attendance and punish any person who shall counsel or advise, aid or encourage or intimidate a witness whose testimony is material or desired before said court, or who shall absent himself or remove beyond the reach of the processes of the court. Said court shall have full jurisdiction, power and authority throughout the entire County of Glascock, for the purpose of compelling the attendance of witnesses before said court, residing anywhere in said county. Said court shall be presided over by the mayor pro tem. and when from any cause the mayor cannot serve, and in the absence of both the mayor and mayor pro tem., by some member of the council to be selected by the mayor. Said court shall be held at such time and place as the mayor and council may designate and as often as may be necessary to try all offenders against the town ordinances. Mayor's court. Sec. 34. Be it further enacted, that the mayor or mayor pro tem., or any member of the council who may be presiding in the mayor's place, shall have power to impose fines for the violation of any law or ordinance of the Town of Mitchell to an amount not exceeding one hundred dollars or to imprison offenders in the town prison or common county jail used by the Sheriff of Glascock County, for a period of not more than ninety days, or to labor on the public works or streets in the municipal chain-gang or such other place as the town may work its convicts, for not more than ninety days, any or all fines, imprisonment and labor, in the discretion of the mayor may be imposed. He shall also have the same power as Judges of the Superior Courts of this State to punish for contempt by a fine not to exceed ten dollars or ten days imprisonment in the town prison or county jail. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrant for offences committed within the corporate limits of the town, which warrants may be executed by the marshal or any member of the police force of said town, and to try and commit any offender to the jail used by the Sheriff of Glascock

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cock County, or admit to bail in bailable cases, for his or her appearance at the next term of a court of competent jurisdiction to try the case, to be held in and for said county. The said mayor may impose both fine and imprisonment for the violation of any law or ordinance of said town. Health regulations. Sec. 35. Be it further enacted, that in the absence, sickness or disqualification of the mayor, the mayor pro tem. or any member of the Town Council of the Town of Mitchell, shall be clothed with all the powers of the mayor and shall hold the mayor's court. Absence of mayor, etc. Sec. 36. Be it further enacted, that the town council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the mayor's court. Powers of town council. Sec. 37. Be it further enacted, that any one convicted in the mayor's court shall have the right of appeal to the town council within four days after conviction, upon the same terms and upon complying with the conditions stipulated in sections numbers 5192, 5193 and 5194 of Park's Annotated Code of Georgia, but the defendants shall not be required to appeal from the judgment or decisions of said mayor's court before they are entitled to a writ of certiorari to the Superior Court and they shall have the right of appeal from the judgment of the Superior Court, as in other cases. Whenever any person convicted in said court, or his attorney shall give notice that he intends to apply for the writ of certiorari it shall be the duty of the officer presiding over said court to suspend sentences only to the extent required by law, for the purpose of obtaining a writ of ceritorari in criminal cases and in all such cases the defendant shall have only such rights as he is entitled to under the laws of this State. No person convicted in mayor's court who enters an appeal or applies for a writ of certiorari, shall be released from custody until he shall have given a good and sufficient bond and security, as provided for in section 5192 of said Code, the amount thereof to be fixed, and it to be approved by the presiding officer of said court. Persons

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convicted and appealing to the town council shall be entitled to a hearing before said council. The said town council may affirm the conviction or reduce the fine or/and imprisonment imposed by the mayor, but shall have no authority to increase the fine or/and imprisonment imposed by the mayor's court. Appeal. Sec. 38. Be it further enacted, that the town council shall have power to control all markets and marketing within the town limits, and to pass all ordinances, rules and regulations necessary and proper to control and regulate the market or marketing in said town. They shall have power to prescribe penalties for the violation of the rules and regulations concerning marketing; and any person violating the same shall, on trial and conviction thereof in the mayor's court, be punished for the same. Markets. Sec. 39. Be it further enacted, that the town council shall have full and complete power and authority over all the streets, lanes, alleys, sidewalks, crossings, parks and public highways of said town. They shall have the same power to manage, control, direct, work, grade, drain and pave the same, or cause the same to be done. They shall have the power to remove or cause to be removed, any building, stall, booth, tent, steps, fence, post, wire, pole or other obstruction or nuisance thereon; and if the owner of the same shall fail or refuse to move the same within a reasonable time, as may be fixed by the council, after notice thereto served upon the owner, his agent or tenant in charge, then the town authorities may remove the same at the owner's expense, and execution may issue against the owner for the expense thereof as in case of unpaid taxes, and he shall be subject to punishment for maintaining a nuisance. They shall have the same power to regulate, lay out, open, grade, drain and control new streets, lanes, alleys, crossing and sidewalks whenever in their discretion it may be necessary or proper to do so. They shall have full and complete power and authority to condemn property and to exercise the right of eminent domain, for the purpose of laying out and opening new streets, lanes, alleys and side-

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walks; and for extending, widening, straightening, grading, draining, working or in any manner whatever changing the grade, street lines and sidewalks of said town. Whenever the mayor and council shall desire to exercise the power and authority granted in this section, they may do so in the manner provided by sections 5206 to 5235, inclusive of Park's Annotated Code of Georgia. Streets, parks, etc. Sec. 40. Be it further enacted, that the town council of said town shall have full power and authority to pave or otherwise permanently improve any or all streets, sidewalks or alleys of said town, that are now open or may hereafter be open out or constructed, and to lay out curbing along any of said streets, sidewalks or alleys. To bear the expense of the above named work or any other work or improvements said town council shall have the same power and authority to levy or assess such amount of tax, both per capita, and ad valorem, as they may in their judgment think necessary; provided, that no ad valorem tax shall be levied until the maximum per capita tax has been levied, and provided further that said council shall not have authority in levying or assessing either or both of the above named taxes to levy or assess a greater amount than is allowed by the laws of the State of Georgia. Street improvements. Sec. 41. Be it further enacted, that the town council shall have power and authority to license, regulate and control all hotels, public boarding houses, sleeping apartments, opera houses, theatres, picture shows, bowling alleys; to license and regulate drays, hacks, wagons, automobiles and other vehicles used for business purposes and to regulate the speed thereof; to regulate and control all livery and sale stables, garages, places of amusements, telephone, telegraph, express and railroad companies, mills, factories, ginneries and all electric, gas, light and water companies doing business in said town. They shall have power to remove any forge, blacksmith shop, stove pipe or any other thing which shall endanger the town by exposure to fire, whenever in their opinion it shall be necessary as a precaution against fire. They shall have power and authority,

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upon proof of the existence or maintenance of a bawdy house of ill-fame within the town, to remove the same, if they shall refuse and fail to leave after three days notice. Licenses. Fire precautions. Bawdy houses. Sec. 42. Be it further enacted, that the town 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, or other domestic animals found at large within the town limits; and to provide by proper ordinances for the redemption 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. Sec. 43. Be it further enacted, that the town council are hereby expressly authorized and empowered to pass and enforce an ordinance not in conflict with the Constitution and laws of this State or of the United States, to prohibit the storage or keeping of malt, alcoholic or intoxicating liquors of any kind, wine, beer, near beer for illegal purposes within the corporate limits of the Town of Mitchell, and to punish any person or persons for violating the same; that said town council shall have the authority to license and permit the sale of any of these by ordinance, provided it is not in conflict with the Constitution and laws of this State or of the United States. Liquors. Sec. 44. Be it further enacted, that the mayor upon complaint, supported by oath or affirmation of any citizen of said town setting forth in writing that to the best of his knowledge and belief any intoxicating liquors mentioned in section 43 of this charter are being illegally kept or sold within the limits of said town, the said mayor may issue a search warrant directed to the marshal of said town or any sheriff or constables of this State, for the purpose of searching for the same and that said mayor may issue search warrants for intoxicating liquors the same as judges or justices of this State may under like conditions. Sec. 45. Be it further enacted, that from and after the passage of this Act, it shall be illegal and a violation of the laws of the Town of Mitchell, for two or more persons

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within the incorporate limits of said town, to assemble or congregate, in any public or private building, on the street or at any other place within said town, for the purpose of playing games of any kind for money or other things of value, or for any other immoral or illegal purpose, which is detrimental to the welfare of the town's good order, peace and dignity thereof. Any person violating this section of this Act may be arrested and tried in the mayor's court, and if convicted, punished as other offenses provided for in this charter or as may be hereinafter provided for by ordinance. Illegal assemblage. Sec. 46. Be it further enacted, that the town council shall have power and authority to establish and fix fire limits within said town, and from time to time in their discretion to extend and enlarge the same. When said fire limits are so established, it shall not be lawful for any one to erect therein any building, or move therein any building already erected or structure of any material other than brick, stone or other incombustible material or such other material as may be authorized by the town council; and should anyone erect or cause to be erected, or moved in, any building of structure other than as above authorized within said fire limits, the town council after giving to the party erecting or moving in, five days notice, shall cause the same to be removed at the expense of the owner, and such expense shall be collected by execution, as in other cases. Fire limits. Sec. 47. Be it further enacted, that the town council shall have power and authority to levy and collect a tax on all property, real and personal, within the limits of the town, and upon bonding insurance and other capital employed therein. They shall have power and authority to levy and collect a special tax on factories, bankers, agents or managers of gift enterprises, and upon all persons exercising within the town a profession, trade, calling or business of any nature whatever; provided, said tax is not in conflict with the laws of this State. They shall have power and authority to tax all theatrical performances, circuses, street parades, exhibitions or shows of any kind within the corporate limits of the town. They shall have power and authority to levy

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and collect a street tax on every male inhabitant of the town, subject to road duty, between the ages of 21 and 50 years; provided said street tax shall not exceed the sum of two dollars per annum, for each person; and provided, further, that such person may satisfy the same by working four days on the streets under the direction of the town authorities; in case of a failure to do said work or pay said street tax, the mayor's court or town council may enforce the same by fine, execution or compulsory labor on the streets of said town, in the discretion of the mayor and council, hearing and dealing with same. Taxes. Sec. 48. Be it further enacted, that the town council shall have power and authority to impose and collect a tax on all dogs within the town in such a manner and mode as they may deem best; provided, that in no case shall the tax or license imposed exceed one dollar per capita per annum on said dogs. Dog tax. Sec. 49. Be it further enacted, that there may be, in the discretion of the town council, established in said town, a system of public schools, to be established, conducted, maintained, supported, and provided for in the manner prescribed in this Act. Schools Sec. 50. Be it further enacted, that any time after this Act becomes operative, the Mayor and Town Council of Mitchell may elect from the citizens of said town four persons, who with the mayor shall constitute a Board of Education for said town, and all elections after the first one shall be held on the first June of each year, and the members of said board shall be elected by the mayor and council. The term of office of the members of the Board of Education so elected at said election shall be as follows: The two members of said first board, whose names appear first, when the names of the members of the board are arranged alphabetically, shall hold their office until the first Monday in June after their election, and the two shall hold their office until the first Monday in January after their election, and thereafter the term of office of each member of the board shall be

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for two years, and until his successor is elected and qualified, unless elected to fill an unexpired term, in such case the one elected shall fill the unexpired term and until his successor is elected and qualified. It shall be the duty of the new council coming in on the first Monday in September every two years to elect members of said board to take office on the first Monday in January. All vacancies occurring in said board from any cause, shall be filled by the mayor and council at the next regular meeting thereafter, or at some subsequent regular meeting; provided, that no person shall be eligible to be a member of said board, who has not attained the age of 21 years and lived in the Town of Mitchell for one year next preceding his election. The Mayor of Mitchell shall be ex-officio a member of said board. He shall have all privileges and authority as other members of the board, except he shall not be eligible to the office of president, vice-president, secretary or treasurer of such board. Board of education. Sec. 51. Be it further enacted, that within ten days from the date of their election, said Board of Education shall organize by electing a president, vice-president, secretary and treasurer of said board, and such other officers as the board may deem advisable, all of whom shall be elected by said board from their own body, except the secretary and treasurer, who may or may not be a member of said board, who shall give bond with good and sufficient security, payable to the Town Council of Mitchell, conditioned for the correct, safe keeping and proper distribution of all books, records and funds placed in his charge, as an officer of said board of education, in such sum as the board may require. One person may hold both offices of secretary and treasurer of said board. His compensation shall be fixed by the board previous to his election. It shall not be lawful for said treasurer to pay out any funds, except upon the order of the Board of Education. The secretary shall keep a record of all the acts and doings of the board, which record shall be open to inspection by any person interested therein. All the officers of said board shall hold their office at the pleasure of the board. No member of said Board of Education shall

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be eligible to the office of superintendent of schools, nor the position of teacher therein, nor to the office of mayor or councilman of said town. Said board shall serve without compensation. A majority of said board shall constitute a quorum for the transaction of business. Any member of said board may be removed from office by the town council after a hearing, for failure to discharge his duty, or for misconduct in office. Officers of board of education. Sec. 52. Be it further enacted, that said Board of Education, after their election shall assume control of its system of public schools in said town, and shall have authority to make such changes therein as they deem for the best interest; to establish such schools as they see proper; to adopt such rules and regulations as they deem necessary for the successful control or operation of the schools; to elect annually a superintendent, principal and teachers for said schools and fix their salaries; to prescribe the course of study and text books, and books of reference to be used in said schools; to determine the length of the scholastic term and the time of beginning and closing of said schools; to suspend or remove the teachers employed in said schools; to build, purchase, lease or rent at least one school house each, for white and colored children of said town; to furnish such school houses with such furniture, apparatus, appliances and other conveniences as may be necessary for the purpose of said schools and to make such laws, rules and regulations for their own government, and that of the superintendent, teachers and pupils as they may deem proper and not in conflict with the State laws, and to do any and all acts for the best educational interest of said town, not in conflict with this Act or the laws of this State. Powers of board. Sec. 53. Be it further enacted, that all children between the ages of six and eighteen years of age, whose parents, guardian or natural protectors, bona fide reside within the corporate limits of said town, shall be entitled to the benefit of said school. Children of like age whose parents, guardian or natural protectors reside out of the corporate limits of said town, and children of any other age whether residents

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of said town or not, may be admitted into said schools upon such rules as to tuition as said board may prescribe, the funds arising from this source to be applied to the maintenance of said schools. School children. Sec. 54. Be it further enacted, that the white and colored children shall be taught in separate schools. Sec. 55. Be it further enacted, that the said Board of Education shall keep regular minutes of its proceedings and shall make reports annually on the first Monday in June to the mayor and town council of the condition of the public schools and expenditures for the school year passed and such other information and recommendations as they may deem proper, which report shall be published in the official organ of the town, if any. Minutes and reports of board. Sec. 56. Be it further enacted, that said Board of Education shall, as soon as practicable after their election, submit to the mayor and council an estimate of the amount of money needed by them to operate the public schools, for the current scholastic year, and an annual estimate shall be submitted to the town council by said Board of Education, on or before the first day of March of each year and such assessments shall be levied and collected in the manner and as the time other taxes are levied and collected for town purposes; provided, that no tax collected for the support of said public schools shall not exceed thirty-five one hundredths of one per cent. Said mayor and council shall pay over to the treasurer of said Board of Education such tax when levied and collected for the support of said schools. Said mayor and council shall have the authority to appropriate any special taxes collected by said town from any source whatever for the maintenance of said schools. The Board of Education shall not have the authority to contract any debt during any year in excess of the appropriation for the public schools for that particular year. School tax. Sec. 57. Be it further enacted, that the State Treasurer shall pay to the treasurer of said Board of Education annually the pro rata part of the State school funds due to the Town of Mitchell. State funds.

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Sec. 58. Be it further enacted, that the Board of Education of the Town of Mitchell be, and they are, hereby authorized and empowered to purchase, build, erect, furnish and maintain, other and additional school buildings and premises or lots on which same shall be erected, at such place in said town as said board may deem proper and for the use and benefit of the public school system of said town, and for such purpose, the town council of said town are hereby authorized and empowered in their discretion, to issue and sell such amount of bonds as they may have authority to issue under the laws of this State and in the manner prescribed by the laws of this State, in such denomination as they may deem proper, running for not more than 30 years from the date of their issue and to bear interest at the rate of not exceeding five per cent per annum; the principal and interest of said bonds to be payable in gold coin of the United States of the present standard of weight and fineness, the interest to be payable annually, the principal to be paid at maturity of said bonds; provided said bonds shall not be sold below par; provided, that the qualified voters of said town assent to the issue of said bonds as provided by law at an election to be called by the town council at such times as they may deem proper and in accordance with the general laws of the State of Georgia for such elections. In the event said bonds are authorized and issued, the town council shall provide for the levy and collection of an annual tax during the life of said bonds sufficient to raise a fund to pay the interest on said bonds annually during said period and also to provide a sinking fund to pay off the principal of said bonds at their maturity. The proceeds of the sale of said bonds, if authorized, issued and sold, shall be applied only for the purpose of purchasing, erecting, furnishing, procuring, owning and maintaining another and an additional school building or buildings and the premises or real estate on which the same shall be erected, for the use and benefit of the public school system of said town as hereinbefore provided and in such manner and at such places in said town as the Board of Education deems proper. School bonds.

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Sec. 59. Be it further enacted, that all taxes due said Town of Mitchell on all property therein subject to taxation shall be due and payable on the 20th day of December each year. Said Town of Mitchell shall have power and authority to regulate by ordinance the manner of making assessments of such annual collection of taxes and to provide for the issue and levy of executions and the making of sales of property thereunder for any unpaid annual installments of taxes; provided, that the owner of the property sold at such sales shall have the right of redemption and on the same terms as under existing State laws. Taxes. Sec. 60. Be it further enacted, that from and after the passage of this Act the Town of Mitchell shall have and it is hereby invested with full power and authority to establish, equip, maintain and operate a municipal chain-gang and pass all necessary rules and regulations for its proper management and operation. The Town of Mitchell is hereby invested with power to use said chain-gang for the purpose of constructing and repairing all public streets, alleys, and all public works of said town. Chain-gang. Sec. 61. Be it further enacted, that for the purpose of raising revenues for the support and maintenance of the Town of Mitchell, the town 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 evidence of debt, money used in banking, where the bank does not pay tax thereon, and every other species of property in said town, owned or held therein subject to taxation; said tax not to exceed one-half of one per cent upon all property, both real and personal, exclusive of the taxes for public schools, which shall not exceed thirty-five one hundredths of one per cent, per annum, and exclusive of the taxes required and sufficient to pay the annual interest on the bonded indebtedness of said town and to provide a sinking fund for the purpose of paying the principal of said bonded indebtedness, if any, as required by law. The ad valorem tax above authorized for the general purposes, and the public school tax and the bonded interest and sinking

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fund tax shall be levied under separate ordinances, each specifying the purpose for which levied and all proceedings for collection of said taxes shall show the amount due on each of said tax levies. The town council shall have power and authority by ordinance to provide for the returns and assessments of all taxable property in said town, and to provide for neglect or refusal to comply with the same. Ad valorem tax. Sec. 62. Be it further enacted, that said Town of Mitchell shall also have full power and authority to levy and collect a tax on all real and personal property, located within the limits of said town, not exceeding one-half of one per cent for extraordinary expenses, as provided by section 865 of Park's Annotated Code of Georgia, but the levy and assessment of the same, for each extraordinary expense shall be separately made and collected. Tax for extraordinary expenses. Sec. 63. Be it further enacted, that all executions in favor of said town, for the enforcements and collection of any fine, forfeiture, assessment, taxes or other claims, demand or debt shall be issued by the clerk, if there be one, if not then by the mayor and bear test in the name of the mayor or other officer presiding in his place, and shall be directed to chief of police, marshal or police officers of said town and to all and singular the sheriffs and constables of this State, and shall state for what purpose issued and made returnable to the Town Council of Mitchell, ninety days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to levy the same and advertise the sale of any real or personal property so levied upon, in the same manner as sheriff's sales of real property or constable's sale of personal property as are now required by law to be made. Any sales thereunder shall be made at the place and within the usual hours of sheriff's and constable's sales and under the same rules and regulations as govern sheriff's and constable's sales of similar property. Whenever any real estate is sold for taxes the owner thereof shall have the same rights and privileges of redeeming it as is now provided in such cases by the laws of the State of Georgia. Whenever at any such sales for taxes due no one

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present shall bid for the property put up for sale as much as the amount of such execution and all costs, after such property shall have been cried a reasonable time, then any duly authorized or appointed agent of the town may bid off such property for said town, and the marshal or such other officer making the sale shall make the Town of Mitchell a 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 provided for the redemption by the owner shall have expired and the marshal or other officers making the sale shall put said town in possession, and the town council shall not have, right or authority to direct or alienate the title of the town to any property so purchased, except by public sale to the highest bidder in the manner prescribed for sheriffs' sales by the State laws. The clerk of said town if there be one, if not then the mayor of said town, shall enter on his execution docket to be kept by him all executions issued, giving the date, amount of each, to whom delivered, the return and all proceedings thereunder; said executions after being satisfied shall be returned to said office and there filed. All sales and conveyances made under execution as provided in this Act shall have all the force and effect of sales and conveyances made by sheriffs of this State and the officer making the sale shall have the same power as sheriffs' to put purchasers of property sold by them in possession. Executions. Levy and sale. Sec. 64. Be it further enacted, that the town council shall by ordinances provide for forms of all accusations, affidavits and warrants to be issued in all trials for violations of the town ordinances and the procedure in all such trials; provided, any and all trials shall be had without written accusations, affidavits and warrants, unless the defendant shall demand that the same be reduced to writing. Prosecutions. Sec. 65. Be it further enacted, that the town council shall have the power and authority to lay down, construct and repair sewers and a sewerage system, in said town, including the disposition of sewage matter, and in their discretion to assess the sum of not more than fifty per cent perlineal

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foot for the constructing of such sewers, upon the property and estate respectively abutting on said sewer on each side of the street, along which said sewer is laid or constructed and in consideration of the payment of said assessment, the owners of said property or estate shall have the right to have their drains from their abutting property connected with said sewers at their cost and under such rules and regulations as the mayor and council may prescribe by ordinance. In case any sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like assessment as above named may be assessed upon such abutting property, on each side of said sewer, for lineal foot, making it all not more than one dollar per every foot to be assessed upon such property through which sewers are constructed as aforesaid. The extent and character, material used, and expenses of sewers constructed, as well as the time and manner of constructing the same shall be in the discretion of the mayor and council, to be prescribed from time to time, by ordinance. The remaining cost of all sewers constructed after the collection of the assessment levied shall be paid by the town council, from the treasury of said town. The assessment provided for above shall have a like lien on property which assessed, and the same shall be enforced in like manner and under the same procedure as ordinary tax executions. In case any sewer or parts of same shall be located upon or through private property, or such location should be for the public interest, and the owners of said property refuse to grant a right of way for that purpose, and such owner or owners and the authorities of said town cannot agree upon the damages to be paid for such easement, the damages shall be assessed, as in case of property taken under condemnation proceedings, under the laws of this State, for opening, straightening, or widening streets under this charter. Upon payment or tender of the amount of the award the work may proceed notwithstanding the entering of any appeal. The town council when in their judgment necessary for the preservation of the health of the inhabitants of said town, shall have full power and authority

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to extend the system of sewerage and drainage beyond the limits of the town and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor, shall apply to the territory without said town limits as may be necessary for the purpose aforesaid. Sewers. Sec. 66. Be it further enacted, that the town council shall have full power and authority for the preservation and protection of all sewers in said town to direct and control the time and manner and places where connections shall be made with said sewers and by whom the work is to be done, and on what terms and conditions and to what extent surface water or drainage shall be permitted to flow in the sewers and at what points, and generally all matters relating to the use, control and repairs of sewers and sewer connections; and its replacing of paving and other adjacent structures in good sanitary condition, shall be at all times exclusively under the direction and regulation of the town council in their fair and legal discretion. Sec. 67. Be it further enacted, that the town council shall or may provide by ordinance for the execution of the foregoing provisions as to sewers, sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by and through such boards, committees or officers as they deem best. Sec. 68. Be it further enacted, that the town council shall have full and absolute power and authority to control by ordinance all town pipes, sewers, drains, private drains, water closets, privies and the like, in said town and to prescribe their location, structure and use and to make such rules and regulations, and to pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said town. The town council shall have full power and authority to prescribe by ordinance the kind of water closts and urinals or privies which shall be used in the corporate limits, and shall have power and authority

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to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and town council, or when they shall become and be declared by the town council a nuisance. The town council shall also have the power and authority to order and compel the owner or owners of the property within the town to connect water closets, or urinals on their property with the sewers and sanitary system of said town, when such property is located on or within a reasonable distance of a street where there is such a sewer and under such rules and regulations as may be prescribed by the town council. Should any property owner fail or refuse to make connections within the time prescribed, the town council, through its proper officers and agents, shall have power and authority in the interest of public health, to enact ordinances for the punishment of the offenders by fine or imprisonment or both. Water closets, etc. Sec. 69. Be it further enacted, that the Town Council of Mitchell is hereby granted power of eminent domain, and the town council are hereby authorized and empowered to condemn lands within its corporate limits, for the erection of public buildings for said town, for public parks, water supply, sewers, septic tanks, crematories, farms for handling and disposing of sewerage and for all other public purposes and improvements, such condemnation to be made as provided by this charter and the laws of the State of Georgia, and they are also authorized and empowered to similarly take and condemn personal property in the same manner, when needed for public purposes of said town. Condemnation of property. Sec. 70. Be it further enacted, that the town council shall have full power and authority to declare what shall be deemed a nuisance in said town, and to provide for the abatement of the same. The mayor's court of said town shall have concurrent jurisdiction with the council with respect to the trial and abatement of all nuisances in said town. Nuisances.

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Sec. 71. Be it further enacted, that the value of taxation of all real and personal property in said town subject to taxation shall be determined by the town council, who shall be an ex-officio board of tax-assessors of said town, and shall assess all property, in said town at a fair market value to the best of their skill and knowledge. The said town council acting as an ex-officio board of tax-assessors shall have the authority to lower tax assessment upon different properties, as they may deem best, and in the event the owner or owners of any property fail or refuse to make a return of their property for taxation, the said board shall assess and return said property for taxation for said property owner or owners. In case any property holder or taxpayer shall be dissatisfied with any assessment so made by said assessors he may have an arbitration of the matter according to the rules and regulation governing the arbitration with reference to State and County taxes, as provided by section 1116 (1) of Park's Annotated Code of Georgia, and such other laws of the State upon said subject of arbitration. Tax-assessors. Sec. 72. Be it further enacted, that the town council shall have full power and authority to regulate the running of automobiles and all other high speed vehicles in said town, to prescribe the manner in which the same may be run, the qualifications of the drivers thereof, the registration of said machines and all and every Act and thing necessary or incident to the safety of the same and to the public. Automobiles, etc. Sec. 73. Be it further enacted, that the town council shall have full power and authority to regulate the storing and keeping of gasoline, kerosene and other inflammable or explosive oils and the keeping or storing of gun powder, dynamite, nitroglycerine and other explosives within the town limits. Explosives. Sec. 74. Be it further enacted, that the town council shall have the power and authority to grant franchises, easements, and rights of way, over, in, under and on public streets, lanes, alleys, sidewalks, sidewalks, parks and other property

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of said town on such terms and conditions as they may fix; provided, that franchises shall not be granted for more than fifty years, nor shall they be granted without compensation to said town, to be provided for in said franchise ordinance; provided, further, that no franchise shall be granted to the detriment of private property without first fully compensating the owner thereof. Franchises, etc. Sec. 75. Be it further enacted, by the authority aforesaid, that the mayor and town council of said town shall have the power to authorize by ordinance the marshal or any police officer of said town to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said town or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Sec. 76. Be it further enacted, by the authority aforesaid, that it shall be lawful for the marshal or any police officer of said town to arrest, without warrant, any person or persons within the corporate limits of said town, who at the time of said arrest, or before that time, have been guilty of violating any of the ordinances of said town, and to hold said persons so arrested until a proper hearing of the matter can be had before some authorized officer; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the town prison or the jail usually used by the sheriff of Glascock County for a reasonable length of time. The marshal of said town, or any police officer thereof, is authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. These officers are also authorized to arrest anywhere, within the limits of this State, any person charged with violating any of the ordinances of the town of Mitchell; provided, that said marshal or police officers shall not be authorized to arrest any person or persons outside of the town limits, except in obedience to a written warrant signed by the mayor or acting mayor.

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Sec. 77. Be it further enacted by the authority aforesaid, that the mayor and town council of said town shall have full power and authority to pass all laws and ordinances concerning the draining and proper maintenance and care of the streets, alleys and sidewalks and other public places in said town; to provide for paving of the same or any part thereof, whenever in their judgment the same becomes necessary, and to provide how said paving shall be paid for and what proportion of the cost thereof shall be paid by the adjacent land owners; provided, that the adjacent land owners or property owners shall never be required to pay more than one-half of the cost of such paving. Paving, drainage. Sec. 78. Be it further enacted, by the authority aforesaid, that the town council shall have the full power and authority to tax and grant licenses to persons keeping stores, markets in said town and to provide for the inspection of all meats, fruits and vegetables sold or offered for sale in said town, as well as for the inspection and regulation of all butcher pens in said town and all animals slaughtered or intended for slaughter therein. Licenses. Sec. 79. Be it further enacted, by the authority aforesaid, that the town council shall have full power and authority to require any person, firm or corporation, whether a resident or non-resident of said town, engaged in, carrying on, or who may engage in or carry on any trade, business, vocation or profession within the corporate limits of said town, either by themselves or by their agent or agents, to register their names and business calling, vocation or profession annually, and to require such person, firm or corporation to pay for such registration and for a license to prosecute, carry on or engage in such business, such sum annually as the town council may by ordinance prescribe. This shall include any person, firm or corporation that delivers within the limits of said town bread, candy, ice cream, gasoline, kerosene, cigars, cigarettes, soft drinks and all other kinds of merchandise, drinks or goods delivered in said town. Said town council, may,

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by ordinance provide for the punishment of all persons, firms or corporations who are required by ordinance to pay the special tax and to register, who shall engage in or offer to attempt to engage in such business, calling or profession, without first complying in all respects with the town ordinances thereto. Registration of business, etc. Sec. 80. Be it further enacted by the authority aforesaid, that the Town Council of the Town of Mitchell may issue its bonds, either for the payment of its debts or for public improvements of the nature and character outlined in this charter, or for any other permanent and necessary public improvement, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia, as found in sections 440 et seq. of Park's Annotated Code of Georgia. Bond issues. Sec. 81. Be it further enacted by the authority aforesaid, that if the said Town of Mitchell, acting through its mayor and town council, shall decide to create a debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right to do so when authorized by two-thirds of the qualified voters of said town at an election held for that purpose as provided for by the laws of this State. Election to create debt. Sec. 82. Be it further enacted, by the authority aforesaid, that the mayor of said town shall have the right to pardon any person convicted and sentenced for a violation of the laws and ordinances of said town, and he shall have the right, in his discretion, to suspend sentence and to remit or reduce fines and penalties. Pardon by mayor. Sec. 83. Be it further enacted by the authority aforesaid, that the mayor and town council of said town shall have the right to elect or appoint such other municipal officers, besides those herein specified, as may to them seem necessary and proper, provide therefor, when necessary, by ordinance and in the same manner prescribing their duties and fixing their compensation, if any. Creation of offices.

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Sec. 84. Be it further enacted by the authority aforesaid, that authority to carry out and effectuate by ordinance each and every power and right granted to the Town of Mitchell in this Act, is hereby expressly conferred on the mayor and town council of said town; and said mayor and town council shall have generally the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them needful or requisite for preserving or promoting the peace, dignity, health, good order and welfare of said town and its inhabitants. Powers as to ordinances, etc. Sec. 85. Be it further enacted by the authority aforesaid, that if any section, sub-section, sentence, clause or phrase of this Act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act, for that it is hereby declared to be the intention of the General Assembly of Georgia to adopt each and every section, sentence, clause or phrase without reference to the constitutionality of any other portion of this Act. Invalidity of part of Act. Sec. 86. Be it further enacted, that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed and this Act and charter shall become effective immediately upon the approval of the Governor. Approved March 9, 1935. OCILLA TERRITORIAL LIMITS. NO. 149. An Act to amend an Act incorporating the City of Ocilla in Irwin County, Georgia, approved December 18, 1902, as amended by an Act approved August 23, 1905, as amended by an Act approved August 22, 1907, as amended by an Act approved August 16, 1909, and as further amended by an Act approved August 11, 1913, so as to redefine and fix the boundaries of said City of Ocilla; 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 charter of the City of Ocilla, in Irwin County, Georgia approved December 18, 1902, and as amended by an Act approved August 23, 1905, and as amended by an Act approved August 22, 1907, and as further amended by an Act approved on August 16, 1909, and as further amended by an Act approved August 13, 1913, be and the same is hereby amended so as to redefine and fix the incorporate limits of the City of Ocilla, Georgia, as follows: Beginning at the northeast corner of original lot of land number 42 in the fifth land district of Irwin County, Georgia, and from thence running west along the north original line of said lot number forty-two (42) of said lot a distance nine hundred feet (900'), thence due south a distance of 2766 feet more or less to the north margin of Fifth Street as shown on the official map of said City of Ocilla, thence east along the north margin of said street a distance of nine hundred feet (900') more or less to the east original line of said lot of land number forty-two (42), thence south along the east original line of said lot number forty-two (42) to the southeast corner of said lot of land number forty-two (42), thence to run west along the southern line of said lot of land number forty-two (42) to the right of way of the Seaboard Air Line Railway Company, thence in a southeasterly direction along the east side of the right of way of said railway company to the terminus of the same, thence continuing in the same direction along the east side of the old right of way of the Ocilla Southern Railway Company to a point two hundred and fifty feet (250') south of south Boulevard, thence in a straight line west to the west side of Beech Street extended, thence north to the south side of South Boulevard, thence due west along South Boulevard to the west side of Apple Street extended, thence north along Apple Street extended and Apple Street to the South side of First Street, thence west along the south side of First Street to the west side of Almond Street, thence along the west side of Almond

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Street north to the south side of Second Street, thence along the south side of Second Street west to the west side of Arborvitae Street, thence north along the west side of Arborvitae Street a straight line to the north margin of Seventh Street extended, thence east along the north margin of said Seventh Street to branch east of residence of D. D. Hudson, thence northeast up the run of said branch to the north margin of the Old right of way the Atlanta, Birmingham and Atlantic Railroad, thence west to the west margin of Quincey Avenue, thence north along the west margin of Quincey Avenue a distance of two hundred and seventy-one yards (271), thence east a distance of four hundred and twenty-seven yards (427) to the west side of Irwin Avenue, thence north along the west side of Irwin Avenue to the right of way of the Seaboard Air Line Railway, thence in a northerly direction along the west side of the right of way of said Seaboard Air Line Railway to a point on the north margin of Pine Street extended west, thence east along the north margin of Pine Street extended and Pine Street in what is known as Pine Hill Addition to the City of Ocilla, to the east margin of College Street as shown on the official map of the City of Ocilla, Georgia, approved in 1913, thence south along the east margin of College Street a distance of eight hundred and fifty feet (850'), thence east to the original land line dividing original lots of land numbers five (5) and six (6) in the fifth land district of Irwin County intersecting said line at a point seven hundred and ninety-eight feet (79'8) north of the northeast corner of said lot of land number forty-two (42), thence south along said line dividing original lots of land numbers five (5) and six (6) to the northeast corner of said lot number forty-two (42), the starting point. Corporate limits. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935.

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PEMBROKE CLERK AND TREASURER. NO. 259. An Act to amend An Act to incorporate the town of Pembroke, County of Bryan, State of Georgia, approved August 23, 1905, and amended and approved August 18, 1919, and August 26, 1931, by abolishing the office of clerk and receiver of tax returns of the City of Pembroke and the office of treasurer and collector of taxes of the City of Pembroke, and creating in lieu thereof the office of clerk and treasurer of the City of Pembroke; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, section 2 of the Charter of the City of Pembroke approved August 23, 1905, and amended August 18, 1919, and August 26, 1931, creating and providing for the election of a clerk and receiver of tax returns and the office of city treasurer and collector of taxes of the City of Pembroke, be and the same is hereby repealed. Repealed laws. Sec. 2. That in lieu of said abolished offices, the office of clerk and treasurer of the City of Pembroke is hereby created. Said office shall be filled by appointment by a majority vote of the city council at its regular annual meeting on the second Tuesday in March 1935, and each year thereafter at each annual meeting. Said clerk and treasurer of the City of Pembroke shall be at least twenty-one years of age and shall have been a bona fide resident of the City of Pembroke for at least two years next preceding his appointment. Said clerk and treasurer shall be subject to removal at any time by a majority vote of the city council, when in their opinion such removal will be for the best interest of the City of Pembroke. Said clerk and treasurer shall provide a surety bond as such in a sum not less than two thousand ($2,000) dollars, payable to the mayor and city council of the City of Pembroke and their successors in office. The premium for

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said bond shall be paid by the City of Pembroke. The salary of said clerk and treasurer shall be fixed by the city council and paid monthly. The duties of said clerk and treasurer shall embrace the combined duties of clerk and receiver of tax returns and treasurer and collector of taxes as originally created and he shall keep permanent records of all revenues received and disbursed, as well as all other business transactions of the City of Pembroke, including receiving and collecting taxes, water rents, etc. The disbursements of all revenues of the City of Pembroke by said clerk and treasurer shall be by a majority vote of the city council and approved by the Mayor. Said clerk and treasurer shall attend all meetings of the mayor and city council and record the proceedings of said meetings and present an accurate accounting of all moneys received and disbursed as such clerk and treasurer, at each meeting. Nothing in this Act shall be construed so as to prohibit the city council from selecting one of its own members as clerk and treasurer, and such clerk and treasurer may succeed himself as such at the pleasure of a majority of the city council. Office of clerk and treasurer created. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1935. QUITMAN CHARTER AMENDMENTS. NO. 124. An Act to amend the Act approved August 23, 1905, entitled An Act to amend, consolidate and supersede the several acts incorporating the City of Quitman in the County of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes by striking section 15 of said Act; and to amend section 5 of the Act approved August 10, 1921, entitled An Act to amend the charter of the City of

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Quitman; to abolish the offices of mayor and alderman, and certain other offices of said city, created by legislative enactment; to provide for a commissioner-manager form of government for said city; and for other purposes, by striking said section 5 in its entirety, and inserting in lieu thereof the provisions hereinafter set out; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same. Section 1. That section 15 of the Act approved August 23, 1905, as contained in Georgia Laws 1905, pages 1060-1082 inclusive, creating a new charter for the City of Quitman, be and the same is hereby stricken. Section repealed. Sec. 2. That section 5 of the Act approved August 10, 1921, as contained in Georgia Laws 1921, pages 1055-1062 inclusive, amending the charter of the City of Quitman, be and the same is hereby enacted in lieu of said section: Section 5. The Board of Commissioners shall, at their first meeting in each year elect one of their members as chairman of the commission, or if unable to agree the ordinary of said county shall appoint one of said commissioners as chairman of the commission, and said chairman of the commission shall exercise all of the powers, and shall have imposed upon him all of the duties heretofore exercised by any imposed upon the mayor of said city, except so far as the trial of violators of the laws and ordinances are concerned. There shall be appointed by the board of commissioners a police recorder who shall hold office during the pleasure of the board of commissioners. The police recorder, or in his absence or disqualification, the chairman of the board of commissioners shall designate a recorder pro hac vice, who shall hold and preside over a court in said City of Quitman to be called the police court for the trial of all offenders against the laws and ordinances of said city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence. Said court shall have

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the power to punish all violations of the charter or any ordinances of the city by a fine not to exceed $200.00, imprisonment in the city prison or in the county jail (having previously arranged with the county authorities) not to exceed sixty days, and to work upon the streets or such other public place as the Board of Commissioners or marshal may designate, not to exceed four months. Any one or more of these punishments may be inflicted by the court in its discretion, and the fine imposed may be collected by execution. The court shall also have the power, if the offense charged against the prisoner be beyond its jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail, or bail them, if the offense be bailable, by a justice of the peace under the laws of this State to appear before the Superior Court of Brooks County, Georgia, or the City Court of Quitman. Each of said commissioners shall receive a salary of $20.00 per month, except the chairman, who shall receive a salary of $30.00 per month. New section. Chairman of commissioners. Police court. Salaries. Sec. 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 15, 1935. SAINT CHARLES CHARTER REPEALED. NO. 249. An Act to repeal an Act entitled an Act to incorporate the town of Saint Charles approved December 9, 1893. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage of this Act the Act approved December 9, 1893, incorporating the town of Saint Charles, be and the same is hereby repealed, and the charter of said town of Saint Charles be and is hereby declared to be surrendered up and the said town of Saint Charles is hereby unincorporated. Repeal of town charter.

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Sec. 2. Be it further enacted by the authority aforesetout, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1935. SAVANNAH CHARTER AMENDMENTS. NO. 354. An Act to alter, revise, and amended the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the mayor and aldermen of the City of Savannah shall have power and authority, either in its corporate capacity or by a commission, to own, build, establish, maintain and operate a school or schools for higher education, of a class commonly known as a Junior College, and charge such fees, dues, rentals and other charges as are necessary and proper in the operation of said schools or Junior College, and shall have the power and authority to borrow money for the purpose of erecting necessary buildings, either by pledging the credit of the said city, or by pledging the income, fees and rentals from said schools or Junior College. Junior college. Sec. 2. Be it further enacted by the authority aforesaid, that in the operation of the public market of the City of Savannah, the mayor and aldermen shall have authority to impose such rentals, fees, and other charges for the purpose of providing funds for the maintenance, upkeep, repair and improvement thereof, as they may deem proper and necessary, and they may pledge the income of said market for the purpose of obtaining funds to be used in the repair and improvement thereof; and the said the mayor and aldermen of the City of Savannah may establish an open air market in and about the City Market Building on the streets adjoining the same, and

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impose such charges, rents and fees for the use thereof as to the said mayor and aldermen may seem fit and proper. Market. Sec. 3. Be it further enacted by the authority aforesaid, that the extent of that certain square in the City of Savannah, on Barnard Street, known as Ellis Square, is hereby declared to be that covered solely by the walls, buildings and steps of the present market building situated in said Ellis Square, and no further. All land, ground or space outside of said walls and steps of said building are hereby declared to be public streets and sidewalks of the City of Savannah exclusively under the jurisdiction and control of the said mayor and aldermen of the City of Savannah, and subject to regulation by said mayor and aldermen. Said mayor and aldermen of the City of Savannah may grant or deny permission to use the streets adjacent to said market building and abutting on the same for business purposes and/or for the parking of motor or horse-or hand-drawn vehicles. Sec. 4. Be it further enacted by the authority aforesaid, that the mayor and aldermen of the City of Savannah be and is hereby authorized and empowered to assess and levy taxes and licenses for the use of the streets, lanes and sidewalks for business purposes. Taxes and licenses for use of streets, etc. Sec. 5. Be it further enacted by the authority aforesaid, that to the classes of employees of said mayor and aldermen of the City of Savannah who are eligible to be granted pensions under the provisions of section 14 and kindred sections of that certain Act adopted and approved February 27, 1933, and entitled, An Act to alter, revise and amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, there is added the following: Pensions. Any regular employee of the City of Savannah, including members of the Police and Fire Departments, who has served well and faithfully for a period of twenty (20) years (of which five (5) years' service must have been continuous and immediately before his retirement) may,

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upon application to said mayor and aldermen and to 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 fully perform the service for which he was employed and in which he is then engaged; provided however that his said physical unfitness to perform 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 selected by said mayor and aldermen or said Board of Pensions, and said employee if retired shall receive for the balance of his life not exceeding forty (40) per cent of the amount of the salary paid him at the time of his retirement, such pension in no event to exceed one hundred dollars a month. The provisions of section 23 of the Act mentioned in this section shall likewise apply to the class of employees herein referred to. Sec. 6. Be it further enacted by the authority aforesaid, that whenever any regularly appointed and acting policeman or fireman of the mayor and aldermen of the City of Savannah shall be killed while in performance of his duty as such policeman or fireman, his widow shall be eligible to receive a pension under the existing laws relating to pensions for employees of said mayor and aldermen of the City of Savannah, such pension not to exceed forty (40) per cent of the salary then being received by such policeman or fireman and to be paid to such widow only so long as she remains unmarried. Said mayor and aldermen of the City of Savannah shall have the right to grant and pay such pension upon a three-fourths vote of its aldermen in council assembled. Widow's pension. Sec. 7. Be it further enacted by the authority aforesaid, that section 22 of that certain Act adopted and approved February 27, 1933, and entitled An Act to alter, revise and amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, and for other purposes, be and is hereby repealed and in lieu thereof there is hereby enacted another section of said Act to be known as section 22 as follows: Repeal of section.

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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 pension, becomes an employee of any department of any municipal or county government or an employee of any department of the National government, then and in that event his pension shall be subject to revision by the mayor and aldermen of the City of Savannah and may be terminated by said mayor and aldermen. The provisions of this section shall not only apply to future pensioners of said city and to their pensions, but shall be retroactive and apply to pensions and pensioners which were granted prior to the passage of this Act under the then existing law. Termination of pension by other employment. Sec. 8. Be it further enacted by the authority aforesaid, that that certain ordinance adopted and approved by the mayor and aldermen of the City of Savannah on September 19, 1934, granting certain additional powers to the Savannah Port Authority for the harbor and port of Savannah, be and the same is hereby ratified and confirmed subject to there being added thereto the words or in any other way after the word purchase and before the word lands, the said ordinance reading as follows: In addition to the authority and powers heretofore granted to the Savannah Port Authority under and by virtue of that certain ordinance adopted and approved by the mayor and aldermen of the City of Savannah, on December 24, 1924, the said Savannah Port Authority for the Harbor and Port of Savannah is hereby granted and delegated the following additional authority and powers in furtherance of the development of the Harbor and Port of Savannah, to wit: The Savannah Port Authority for the Harbor and Port of Savannah shall have the right, authority and power with the concurrence of the mayor and aldermen of the City of Savannah, to acquire by purchase, lands, property, property rights, leases or easements fronting on the Savannah River in the Harbor and Port of Savannah, or adjacent thereto,

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in Chatham County, Georgia, for industrial or factory site purposes, and to receive and expend such monies as may be appropriated to it by the mayor and aldermen of the City of Savannah from time to time for the purpose of paying for such lands and property so acquired, as well as for the improvement of such lands and properties. The said Savannah Port Authority shall have the further right and authority, with the advice and approval of the mayor and aldermen of the City of Savannah, to lease, or sell, or otherwise grant and convey said lands and property in whole or in part to persons, firms or corporations, for factory, manufacturing, and/or industrial purpose, and/or for the development of the Port of Savannah. Powers of port authority. Sec. 9. Be it further enacted by the authority aforesaid, that the mayor and aldermen of the City of Savannah be and is hereby authorized and empowered to grant and delegate to the Savannah Port Authority for the harbor and port of Savannah, the following additional rights, powers and privileges: Same. A. To acquire by purchase, deed of gift or in any other way lands for wharf and factory site purposes with the approval of the mayor and aldermen of the City of Savannah. To lease, with the right to sub-lease for a nominal consideration and upon such terms as to said Savannah Port Authority may seem fit and proper, for a term of years, any and all real estate, improved or unimproved, acquired by said Savannah Port Authority for wharf or factory site or other purposes incident to the development of the resources of the Port of Savannah and its contiguous territory and its trade incident thereto; such lease or leases, however, to be subject to the approval of the mayor and aldermen of the City of Savannah. B. To execute with the said approval of the mayor and aldermen of the City of Savannah valid options of purchase and of sale and to sell upon such terms as said Savannah Port Authority may deem proper, any or all of the land acquired by said Savannah Port Authority for the purposes aforesaid.

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C. To build, construct and erect factories or plants and factory buildings, on lands acquired by said Savannah Port Authority, and to equip the same for use in developing the Port of Savannah, with the consent of the said mayor and aldermen of the City of Savannah. D. With the consent and approval of the said mayor and aldermen of the City of Savannah, to issue notes, bonds without limit as to amount and other obligations of the said Savannah Port Authority, secured by mortgage, security deed or other indenture on all or any part of the property now held or hereafter acquired by said Savannah Port of Authority, for the development of wharf, factory site, or other purposes incident to the development of the resources of the Harbor and Port of Savannah. Sec. 10. Be it further enacted by the authority aforesaid, that should any assessment provided for and levied under the provisions of section 20, or any other section of that certain Act adopted and approved August 18, 1919, 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, and Acts amendatory thereof, be not paid, together with all interest, when due by the person or persons owning the lot or lots or tract of land liable for the same, then the said mayor and aldermen of the City of Savannah for the purpose of preventing a default in the Street Improvement Bonds issued and based upon such assessment or assessments in whole or in part, shall have the right to temporarily advance out of the general funds and monies of the mayor and aldermen of the City of Savannah the amount of such defaulted assessment or assessments for the purpose of paying as due the series of Street Improvement Bonds that may be due in any given year; and the said assessment or assessments with interest so temporarily advanced shall not be considered to have been paid and satisfied by the owner or owners of the said lot or lots or tracts of land liable for the same, nor shall the lien or the assessment against said lot or lots or tracts of

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land be divested, but said lien and assessment shall continue to be of force and be subject to the enforced and collected by said mayor and aldermen of the City of Savannah under all the provisions of said Act and all Acts amendatory thereof; and said mayor and aldermen of the City of Savannah is hereby declared to be the absolute owner of any such lien or liens, assessment or assessments, or execution or executions. Any and all payments heretofore made by said mayor and aldermen of the City of Savannah of any such assessments for the purpose of preventing a default in any series of said Street Improvement Bonds are hereby ratified and confirmed; and the said assessment or assessments and liens thereof and the execution or executions issued thereon as against the lot or lots or tract or tracts of land shall not be considered to have been paid, satisfied, released or relieved as against the said lot or lots or tract or tracts of land originally liable for the same prior to any such temporary payment of the same by the said mayor and aldermen of the City of Savannah out of its general funds or money for the purpose of preventing a default in any series of said Street Inprovement Bonds; and the said mayor and aldermen of the City of Savannah is hereby authorized and empowered to enforce and collect said liens, assessments and executions, with all interest thereon as if no temporary advance of the amount of same had ever been made by said mayor and alderman of the City of Savannah for the purpose of paying the amount in whole or in part of any series of said Street Improvement Bonds due in any year prior to the passage of this Act, and the said mayor and aldermen of the City of Savannah is hereby declared to be the absolute owner of any such lien or liens, assessment or assessments or execution or executions. Street improvement bonds. Sec. 11. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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Paragraph one is unconstitutional if city attempts to contract debt beyond fiscal year. Governor's note in approving. Act approved with above notation.March 28, 1935.Eugene Talmadge, Gov. SAVANNAH TERRITORIAL EXTENSIONS. No. 100. An Act to amend the several Acts relating and incorporating the mayor and aldermen of the City of Savannah; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the corporate limits of the City of Savannah located in Chatham County, Georgia, shall be extended as follows: Corporate limits extended. (a) The corporate limits of the said City of Savannah, which now run along the southern side of the highway, known as Bay Street extension, shall be extended to the northern property line of Bay Street extension, so as to include within the corporate limits of the City of Savannah, all of Bay Street extension, from the western side of Lincoln Street eastwardly to the present corporate limits of the said city. (b) The said corporate limits of said City of Savannah, in its southwestern section, shall also be extended, so as to include West Victory Drive, the lands to the north, and a part of Ogeechee Road, within the following description: Beginning at a point on the southwestern corner of Hopkins Street and Victory Drive, and running westwardly along the southern property line of the road known as West Victory Drive, to the western side of the Ogeechee Road; thence in a northeastern direction along the western property line of the Ogeechee Road to the present corporate

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limits of the City of Savannah; thence along the present corporate limits of the City of Savannah, in an easterly direction along the line of said present corporate limits to the western property line of Hopkins Street; thence southwardly along the western property line of Hopkins Street to the point of beginning. Sec. 2. Be it further enacted, that subject to the joint approval of the mayor and aldermen of the City of Savannah and the Board of County Commissioners of Chatham County and ex-officio judges, the corporate limits of the City of Savannah shall also be extended westerly along each side of the present highway known as Bay Street extension, so as to include within the corporate limits of the City of Savannah, the right of way of said Bay Street extension, from Lincoln Street westwardly to the junction of the old Augusta Road and the present paved road known as the Port Wentworth road. This provision, however, shall not be effective unless and until approved by the mayor and aldermen of the City of Savannah and the Board of County Commissioners of Chatham County and ex-officio judges, as aforesaid, by resolution adopted and signed by a majority of the members of each body, and filed with the Secretary of State of Georgia. This section may be made effective by the two bodies above named as to the whole or any part of the roadway herein described. Sec. 3. Be it further enacted by the authority aforesaid, that the said mayor and aldermen of the City of Savannah be and is hereby authorized to discontinue for recreation or similar purposes, a right way seventy (70) feet wide, (forty-five (45) feet of which shall be used for vehicular traffic) through those certain squares situated in the City of Savannah on Montgomery Street, and known and described upon the map or plan of said City as Franklin Square, Liberty Square, and Elbert Square, and said mayor and aldermen of the City of Savannah is further authorized and empowered to open said right of way through said squares for the purpose of extending said

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Montgomery Street through said squares in approximately a North and South direction, and for the purposes aforesaid the said portions of said squares necessary for said extension of said Montgomery Street are hereby placed under the jurisdiction and control of the mayor and aldermen of the City of Savannah, provided nevertheless that should said Montgomery Street in the City of Savannah, be not designated and utilized by the Bureau of Public Roads of the Department of Agriculture of the United States or any other duly authorized department of the Government of the United States as a Federal highway and/or Federal route through the City of Savannah for vehicular traffic, then this section of this Act and the power and authority herein granted said mayor and aldermen shall not become operative. Should this section of this Act become operative under the conditions aforesaid, the portions of said squares not utilized for traffic on Montgomery Street shall remain as heretofore under the jurisdiction and control of said Park and Tree Commission. Right of way. Sec. 4. Be it further enacted by the authority aforesaid, that section 2 of that certain Act adopted and approved March 24, 1933, and entitled 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 and the same is hereby repealed. This section shall become effective only as, when, and if the preceding section of this Act providing for the extension of Montgomery Street through said Franklin Square becomes effective. The section of the Act of March 24, 1933, to be thus repealed provides for the use of Franklin Square, of the City of Savannah, as a farmers' wholesale market. Sec. 5. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 11, 1935.

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SPRINGFIELD STREET CLOSING. NO. 155. An Act to amend an Act approved August 22, 1907 (Acts 1907, page 923), and laws amendatory thereto, relating to and incorporating the Mayor and Aldermen of the City of Springfield, so as to provide that the said mayor and aldermen may close and convey that portion of Cleveland Street in said city between Oak and Maple Streets; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Mayor and Aldermen of the City of Springfield are hereby authorized and empowered to close and abandon, as a street and highway, that portion of Cleveland Street in said city, between Oak and Maple Streets, lying between the present old cemetery and the new part of said cemetery; and upon such terms as to the mayor and aldermen may seem reasonable for the purpose of conveying the same to the Springfield Cemetery Association in fee simple. Authority to close street. Sec. 2. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1935. STATESBORO VOTERS' REGISTRATION; TAXES. NO. 346. An Act to amend an Act approved August 17th, 1912, as contained in Georgia Laws, 1912, pages 1331 to 1374, inclusive, which Act creates a new charter for the City of Statesboro, defines the jurisdiction, powers, and duties of said municipality and its officers, by striking section 18 of said Act in its entirety, and inserting in lieu thereof a new section providing for the permanent registration of

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voters; by striking certain words in section 19 of said Act which requires the payment of all taxes of whatsoever character legally imposed or demanded by the authorities of the city in order to register, and inserting certain words so as to provide for the registration of persons who have paid all poll-taxes as required by law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 17th, 1912, creating a new charter for the City of Statesboro, be and the same is hereby amended by strking all of section 18 of said Act and substituting in lieu thereof a new section to be numbered section 18, and to read as follows: Section 18. That it shall be the duty of the city clerk upon the first day of September of each year to open a registration book to be kept at the council chamber for the proper registration of persons desiring to register and qualify as voters in any election held in said city. Said book shall be kept open from eight o'clock a. m., until twelve o'clock m., and from two o'clock p. m. until five o'clock p. m. each and every day (Sundays and legal holidays excepted) until the 15th day of October following, when it shall be finally and absolutely closed. Persons registering their names in said book as hereinafter provided shall be entitled to vote in all city elections occurring subsequent to said registration, provided such persons continue to possess the qualifications under which they registered. Registration of voters. Sec. 2. That section 19 of said Act be and the same is hereby amended by inserting between the words all and taxes in the 4th line of said section, the word poll, and by striking the words of what in the 4th line of said section, and the words soever character legally imposed or demanded by the authority of said city in lines five and six of said section and inserting in lieu thereof the words as required by law; and by striking the words taxes due the City of Statesboro in lines 22 and 23 of said section 19 and inserting in lieu thereof the words poll taxes

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as required by law, so that said section as amended shall read as follows: Section 19. Be it further enacted, that it shall be the duty of the clerk, upon application in person, and not by proxy, of any male person who is qualified to vote for members of the general assembly, who has paid all poll taxes required by law, and who upon the day of the election, if then a resident, will have resided in said city for six months prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business, and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register; and shall administer to him the following oath: You do solemnly swear that you are a citizen of the united States, that you have resided in Georgia for twelve months, in this county for six months and in this city for six months next preceding this registration or that by the time of the next city election, if still a resident of this city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the day of election; that you are twenty-one years old; that you have paid all poll taxes required by law; that you have made all returns required of you by the ordinances of this city; so help you God. Section as amended. Sec. 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 26, 1935. TRENTON NEW CHARTER. No. 160. An Act to amend, codify, consolidate, and establish a new charter for the Town of Trenton in the County of Dade; to change the name thereof to the City of Trenton; to define the corporate limits thereof; to provide for the sanitation and sewerage of said city for the general welfare of its residents; to establish a new form of government;

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to provide for the mode of election of officials of said city, the terms of office, duties, compensations and powers to pass all ordinances and regulations necessary and proper for the Government of said city; to provide methods of taxation for said city and to empower the proper officials to levy and collect said taxes; and for other 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 corporate existence and identity, territorial limits and jurisdiction of the City of Trenton in the County of Dade, State of Georgia, with all corporate rights, powers, and privileges conferred and all duties, obligations and liabilities imposed by law are hereby preserved into said city except as amended by this act. All resolutions, rules, and ordinances thereof now in force not in conflict shall remain unchanged subject hereafter to be amended or repealed by the duly constituted authorities of said city. All property rights and interest now held, owned or possessed by said city and all pending suits by or against said city are preserved and unaltered. Laws and rights continued of force. Sec. 2. Be it further enacted by authority of the same, that the corporate limits of the City of Trenton be and same shall extend over and embrace all the territory now embraced in said corporate limits. The corporate limits of said city have an area of one-half mile from the court-house in every direction, in the form of a square. Corporate limits. Sec. 3. Be it further enacted, that the municipal government of the City of Trenton shall consist of a mayor, recorder, and four councilmen, who shall be bona fide residents of the City of Trenton and freeholders therein and shall be elected from the city at large, who are hereby constituted a body corporate of the name and style of the City of Trenton and by such name they shall have perpetual succession, with power and authority to contract and to 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 or equity to purchase, have, hold, and enjoy, receive,

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possess, and retain to them and their successors in office for the use and benefit of the City of Trenton in perpetuity or for any term of years, any estate or estates, real or personal of every kind and nature within or without the corporate limits for corporate purposes, to have and to hold all property now belonging to the city either in its own name or the name of others for the use of said city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage, and improve, sell, keep, rent or lease the same and shall have like power 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 evidences of indebtedness for the same, to issue bonds from time to time and to do and perform all and every act or acts necessary in incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, by-laws, regulations, and ordinances 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. Mayor, etc., powers. Sec. 4. All the present officers of said city shall hold their respective offices until the first Monday in January, 1936, and until their successors are elected and qualified. They shall be succeeded by a mayor, four councilmen and a recorder who shall be elected by the qualified voters of said city as hereinafter provided. After they have been elected and qualified as hereinafter provided the mayor and councilmen shall appoint a mayor pro tem., a city marshal, a city physician and a city attorney as hereinafter provided all of which offices are hereby created. Election of officers. Sec. 5. The next general election for mayor, councilmen, and recorder shall be held on the first Tuesday in December, 1935, and on each first Tuesday in December thereafter biennially. The first election under this charter to be held on the first Tuesday in December, 1935, shall be for the election of mayor, four councilmen, and a recorder. The mayor, four councilmen, and recorder shall be elected for

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a period of two years from said date and until their successors are elected and qualified. The candidate for mayor receiving the highest number of votes cast shall be declared elected mayor for a term of two years and the candidates receiving the highest number of votes cast for councilmen shall be declared elected as councilmen of said city for a term of two years and the candidate receiving the highest number of votes cast for recorder shall be declared elected recorder for a term of two years. In case of tie in the election of any of the said officials, as to the office in which a tie has resulted another election shall be had the following Tuesday. On each first Tuesday in December thereafter biennially there shall be an election for the offices herein described which will expire by law on the first Monday in January following and they shall hold office for two years. The newly elected officers shall take oath and assume the duties of office on the first Monday of January following or as soon thereafter as possible. Sec. 6. Be it further enacted that the recorder of the city council shall keep a book to be labeled Registration Book of the City of Trenton in which he shall register upon application in alphabetical lists, keeping a separate list of white and colored voters, the names and ages, of all persons who shall make and subscribe the following oath: Registration book. I do solemnly swear that I am a citizen and qualified voter of the State of Georgia, according to the constitution and laws thereof, and that on the first Tuesday in December next I will have been a bona fide resident of the City of Trenton six months and have paid all taxes legally required of me by said city. Sworn to and subscribed before me this..... day of..... Recorder. Such registration shall be kept open for registration of voters 30 days preceding such election when it shall be closed five days before each election. Said book shall be open at each election, in charge of the managers, and no person whose name is not found thereon shall be allowed to vote. The recorder shall have such compensation for keeping the registration book as the council shall allow.

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Sec. 7. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of mayor, councilmen and recorder of said city who has not been a resident thereof for one year or more continuously preceding his election and who is not a qualified elector to vote in said election and who is not a freeholder owning real estate in said city. Qualifications of mayor, etc. Sec. 8. Be it further enacted by the authority aforesaid, that all persons who have been bona fide residents of said city for six months before the date of election and who have registered as hereinbefore required, having paid all taxes of every description legally imposed and demanded by the authority of said city who shall be qualified to vote for the members of the General Assembly shall be qualified electors in all municipal elections. Sec. 9. Be it further enacted, that persons authorized to hold city election shall be justices of the peace or intelligent upright freeholders and there shall be three managers appointed by the mayor and council for each election and they shall notify them at least three days before each election. The mayor and council shall select some suitable place for holding said election. The managers shall receive such compensation as the mayor and council shall determine. Said managers shall conduct said elections as near as practicable as elections for the members of the General Assembly are conducted. The polls at such election shall be opened at 8 o'clock a. m. and closed at 6 o'clock p. m. and a manager shall be eligible to open and close the polls. The managers before proceeding with the election shall take and subscribe the following oath: Conduct of election. All and each of us do swear that we will faithfully superintend this day's election, that we are qualified by being freeholders or justices of the peace to hold the same and that we will make a just and true return thereof and will not knowingly permit anyone to vote unless we believe he or she is justly entitled to do so according to the charter of this city nor will we knowingly divulge for whom any vote was cast unless called upon to do so under the law,

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so help us God. Said affidavit shall be signed by each superintendent or manager in the capacity in which he acts. Said oath shall be made and subscribed to before some official authorized by law to administer oaths, if any be present, and if no such officer be present said oath may be made and subscribed by each manager in the presence of the others. The managers acting at the first election under this charter shall issue a certificate of election to each of the persons elected which shall be recorded in the records of the city. Said certificate shall be sufficient authority to the persons elected to enter upon the discharge of their official duties at the beginning of their terms of office and after they have qualified as herein provided. The managers of each subsequent election shall issue to the newly elected mayor, each of the councilmen and the recorder, a like certificate and shall also certify as to the result of the election to the acting council which last certificate shall be entered upon the records of said mayor and council, said mayor shall also furnish to the city council one of the tally sheets of said election, certified by them. Sec. 10. Be it further enacted, that in the event the office of mayor or anyone or more of the councilmen or the recorder, becomes vacant by death, removal, disqualification or for other cause, such vacancy or vacancies shall be filled by an election called by the city council or the remaining members thereof to be held not earlier than ten days nor longer than twenty days from date of said vacancy or vacancies. Said newly elected person or persons to fill the unexpired term or terms only. Vacancies. Sec. 11. Be it further enacted, that before entering upon the duties of the respective offices, the mayor, council, and recorder shall make and subscribe the following oath: Oath. I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor, councilman or recorder during my continuance in office, according to the best of my ability and understanding so help me God.

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Said oath shall be entered upon the records of the city. Sec. 12. Be it further enacted, that the mayor and councilmen and recorder of said City of Trenton shall be and are hereby required to make a public financial statement of the amounts received and expended by them as officials of said city at the close of each year. Financial statement. Sec. 13. Be it further enacted, that the duties of the officers herein created and established shall be as follows: It shall be the duty of the mayor to preside over the meetings of the mayor and councilmen; to make all appointments subject to ratification or rejection by the councilmen of all officers not elected by the people except mayor pro tem., city marshal, city physician and city attorney which officers shall be elected by the mayor and councilmen; to employ all laborers, tradesmen, clerks, and other persons necessary for carrying out the provisions of this charter and discharge them when their services are not longer required or for any other cause it becomes expedient to do so, but the wages and salaries of such persons to be fixed and classified by the mayor and councilmen; to superintend all public city work or when necessary employ a person or persons of experience and competence to do so, and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Duties of officers. It shall be the duties of the councilmen to attend all meetings of the mayor and council whether regular or called; to hear all appeals in conjuction with the mayor or persons who have been convicted of the violation of ordinances in the recorder's court, and acquit such persons of said offenses, or affirm the recorder as the law and facts of such cases may warrant without fear or favor; to hear all appeals in conjunction with the mayor brought by taxpayers of the City of Trenton who are dissatisfied with the tax assessments of the recorder, and raise, lower or affirm such assessments as justice and fairness between the parties may warrant without fear or favor, and to do any and all

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acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. It shall be the duties of the city recorder to keep all records of the city's affairs in books to be provided for by order of the mayor and councilmen; to attend all the meetings whether regular or called of the mayor and councilmen, keep the minutes of said meeting and act as secretary at same; he shall be the treasurer of the city and shall give good and solvent bond in such sum as shall be fixed by the mayor and council for the faithful performance of his duties as treasurer; he shall be the custodian of the funds of said city and shall make itemized reports of all receipts and disbursements and submit the same when called upon by the mayor and council; he shall issue all processes and shall discharge all duties required of him by the laws, ordinances and rules regulating the government of said city; he shall be the receiver of tax returns for said city as hereinafter provided; he shall be the collector of all city taxes as hereinafter provided; he shall hold police court for the trial of all persons charged with the violation of ordinances, rules, and regulations of said city and upon conviction to punish said offenders as hereinafter provided and to do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Recorder. No persons shall be eligible for the office of city marshal hereinbefore provided for unless he shall have been a bona fide resident of the City of Trenton for not less than one year next preceding his appointment as such and unless he be a qualified voter of said city at the time of said appointment. Before entering upon his duties he must make and subscribe the following oath: Marshal. I do solemnly swear that I will faithfully discharge all the duties devolving upon me as marshal for the City of Trenton during my continuance in office according to the best of my ability and understanding, so help me God. Should the grouth of the city at any time make it necessary additional policemen may be appointed by the mayor

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or if at any time an emergency should arise making it necessary to appoint special policemen the mayor shall appoint them for such emergency and discharge them when the emergency requiring their services is past. Any and all additional police appointed by the mayor must have the same qualifications and must make and subscribe the same oath as that of the marshal. It shall be the duty of the marshal to receive, execute and return all writs, processes, warrants or other instruments emanating from the recorder's court or from the mayor and council directed to him; he shall receive, execute and return all tax executions or other executions bearing test in the name of the mayor and recorder of said city; he shall make arrests and bring before the recroder persons charged with the violation of ordinances, rules and regulations of said city; he shall keep the peace within the limits of said city and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. Policemen.

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At the said meeting of mayor and council they shall in like manner elect a city attorney who shall be regular practicing member of the bar in Trenton, and whose duties it shall be to attend the sessions of the mayor and council; the sessions of the recorder's court; to provide legal advice for any and all the city officials and do any and all acts incidental to the performance of the above duties and to the discharge of the provisions of this charter. City attorney. The marshal, mayor pro tem., city physician and city attorney who are appointed by the mayor and councilmen, shall be appointed at the first regular meeting of the mayor and council and shall hold their offices for two years, their term expiring at the same time as the terms of the elective officers. The terms of office of all persons appointed by the mayor not herein mentioned shall expire as the terms of the elective officers. All persons elected by the mayor and councilmen and appointed by the mayor are subject to removal by the appointing authorities at any time upon good cause shown. Unless sooner removed all persons thus appointed shall hold their offices during their terms and until their successors are elected, appointed, and qualified. Terms of office. The mayor and council shall have authority to prescribe by ordinance from time to time such other duties of the various officers of the city as are herein provided for. Sec. 14. Be it further enacted by the authority aforesaid, that there be in the City of Trenton and there is hereby created a police court for the trial of all persons charged with the violation of ordinances, rules and regulations of said city. Said city shall be presided over by the recorder who is hereby made police judge of said city. He shall have jurisdiction over all persons arrested and brought before him for trial for violation of the ordinances, rules, and regulations of said city and after hearing the evidence in such cases, he shall acquit such defendants or convict them as the law and justice of each case may direct. Upon conviction he shall punish said offenders by a fine not to exceed $50.00 and cost or in default thereof by labor on the streets or any public works of said city under the control and direction

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of the proper officers thereof not to exceed 60 days, or be confined in the common jail not to exceed 60 days. Police court. Any person who may be thus convicted before the recorder shall have the right to appeal his case to the mayor and council and shall be released from custody at once provided he can give bond with good security not to exceed $100.00 pending said appeal. If he be unable to give such bond he shall be committed to the common jail of Dade County pending such appeal which he shall be entitled to have heard at the next regular meeting of the mayor and council, provided said regular meeting is to be held within three days from the date of the appeal; otherwise defendant shall be entitled to have his appeal heard within three days at a meeting of said mayor and council called especially for said hearing. The mayor and councilmen may call a meeting for the purpose of hearing appeals at any time at which meeting it shall be the duty of the mayor and all councilmen to be present but the mayor and two councilmen or the mayor pro tem. and two councilmen shall constitute a quorum and have full and complete jurisdiction over said matters. If the defendant be dissatisfied with the findings of the mayor and councilmen upon said appeal, he may certiorari his said case to the Superior Court of Dade County provided he give bond with good and solvent security for his appearance before the recorder should his certiorari be dismissed. By giving notice of such certiorari and by paying said fine and all costs or by giving bond to secure the same or by making oath that owing to his poverty he is unable to pay said fine and costs or make bond for the same, he may suspend the judgment and be released from custody a once upon giving bond to appear before the recorder in the event his certiorari is dismissed as aforesaid; provided all certioraris from the mayor and councilmen must be sued out, sanctioned and filed within thirty days from the judgment, and no certiorari shall issue until the fine and all costs have been paid or affidavit made by the defendant showing his inability to pay said fine and cost or give bond

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to secure same. All appeals tried by the mayor and council shall be tried de novo. The recorder and mayor and council as courts shall have power to punish contempt by a fine not exceeding $25.00 or in default thereof by confinement in the common jail of Dade County not exceeding ten days. The recorder and mayor and council may call and hold their respective courts at any time deemed by them proper and necessary to clear the jail and the dockets of said courts, provided that defendants shall have the right to have their appeals heard by the mayor and council within three days from date of conviction in recorder's court. If the recorder be absent or for any reason disqualified the mayor shall have the power to hold said police court, or should the mayor be absent or for any reason disqualified the mayor pro tem. shall have the power to hold said court as aforesaid. The person holding said court shall have the authority to bind over to the grand jury any persons charged with the violation of a State law in which case he will sit as justice of the peace and for this purpose be invested with like power. Certiorari. Police court. Sec. 15. It is the duty of the recorder to collect all taxes due said City of Trenton and he shall diligently investigate each year and ascertain if all the property in said city subject to taxation has been returned for taxation as provided for by law and in the event any property is found that is subject to taxation that was returned the previous year but was not returned for the current year or if he find any property that is subject to taxation that he cannot find in the returns of the previous year then it shall be his duty to double tax said property from the valuation at which it was returned the year previously, and if said property has not been returned to double tax said property from a fair valuation to be put on it by said recorder for the time which it has not been returned and for which taxes have not been paid during the four years previous; provided, however, that the city council may in their discretion relieve said property from said double tax or lessen or raise the returns of any freeholder for good cause shown. It

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is also the duty of the recorder to collect all special taxes as hereinafter set forth or which may from time to time be imposed upon certain businesses and occupations. Recorder's duties. Collection of taxes. Sec. 16. Be it further enacted, that the salaries or compensation of mayor, councilmen and recorder of the City of Trenton shall be fixed by the mayor and council at the first regular meeting in January of each term for the ensuing term which salaries or compensation shall not be altered during the term of office of such officers. Salaries. Be it further enacted that the mayor or mayor pro tem. and two of the councilmen shall constitute a quorum for the transaction of business, but in all cases a less number may adjourn from time to time and may compel the attendance of absentees. Any councilman shall have the right to call for the ayes and nays and shall have the same recorded on the minutes. In all cases the mayor shall have no vote except in case of a tie. Quorum. Sec. 17. Be it further enacted, that the mayor and city council of Trenton shall have power and authority to license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses, livery stables, hacks, drays, and other vehicles for hire, garages, manufacturing industries, auctioneers, vendors, itinerant traders, theatrical performances, shows, circuses, exhibitions of all kinds, itinerant lightening rod dealers, immigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry, and all other traveling and itinerant vendors of articles, goods, wares and merchandise of every nature whatsoever. They shall have like power and authority over and upon every keeper of a pool, billiard or bagateele table kept for public use, every keeper of a shooting gallery, ninepin, or tenpin alley, upon the keeper of any other table, stand or place for the performance of any game or play whether played with stick or ball, ring or other contrivances, upon the keeper of flying horses, bicycles, velocipedes, or skating rinks, motorcycles or flying machines, insurance agents, life and fire insurance companies, brokers, dealers in pictures, loan agents, agents for industrial and

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aid societies that charge weekly, monthly or annual dues, premiums or assessments, agents for any other business or calling whatever. Keepers of slaughter houses, beef markets, green groceries, dealers in fruit, oysters, vegetables, milk, bread and other articles of food, upon every pawn broker and upon all establishments, businesses, callings or avocations not hereinbefore mentioned and which under the laws and constitution of the State of Georgia are subject to license and tax. Licenses. Sec. 18. Be it further enacted, that said mayor and city council shall have full power and authority to remove or cause to be removed all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys or public sidewalks in said city. They shall have power if necessary to regulate and establish a market or markets in said city, to regulate all butcher pens, slaughter houses, tan yards, livery stables, oil mills, guano factories, blacksmith shops, porches and chimneys, steam saw mills, steam grist mills and other machinery, millponds and gins within said city, and remove and cause to be removed at the expense of the owner or lessee of the same in case they become nuisances, dangerous or injurious to the health of the city, or cause the owner to do so, when they shall deem it necessary to the public interest to have the same done. They shall also have the power to regulate and control all public wells, pumps, running streams, branches, creeks, or springs in said city and shall prevent the adulteration of water thereof, in any way whatever. They shall also have the power to regulate and control all fire companies, their engines, reels, houses, and hose or any other apparatus of like character in said city. They shall have also the power to remove or cause to be removed all dilapidated or unsafe buildings, fences, chimneys, sawdust, or any animal or vegetable matter of any kind which might be considered a nuisance or considered dangerous, at the expense of the owner. Should any owner or lessee fail or refuse to comply with any order passed for such purpose the work may be done by the city and the expense attending the same collected by execution issued against said

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owner or lessee and said execution shall proceed and have the same force, power and dignity as an execution for taxes that may be issued by the said city. Nuisances, etc. Sec. 19. Be it further enacted, that the mayor and city council shall have power to open any new street in said city or to alter or extend any street, and to condemn private property upon the following conditions: If the owner of the property asserts his claim that he will be damaged thereby and if such owner and the mayor and council are unable to agree as to the amount thereof, the mayor and council shall select one upright, intellignet freeholder of said city and the owner of said property shall select one such person, or if he fail or refuse to make such selection within five days after having been notified by the mayor and council of their selection, then it shall be the duty of the clerk of the Superior Court of Dade County to select some intelligent freeholders as aforesaid and it shall be the duty of said three persons to assess the damage as sustained by the owner of said land, taking into this consideration the enhanced value, if any, to the property by reason of the public improvement, and either party may appeal from the award of said arbitrators to the Superior Court of Dade County; provided that the mayor and council upon payment or tender to the owner or his agents of any sum found by said arbitrators shall have the right to proceed to open, alter or straighten said street, notwithstanding said appeal. Streets, condemnation of property. Sec. 20. Be it further enacted, that the mayor and council shall have power and authority to require the railroads or street railroads running through said town, of a portion thereof to make and repair such public crossings for pedestrians or vehicles over or across their several roads whenever or in such manner as said mayor and council shall deem necessary, to pave or repair such crossings or to open any street in said town crossing them, to require all railroads to build and construct, and maintain proper culverts and sewers under its property, to properly drain and carry off all surface water and to keep the same free

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from mud, debris, etc., and the mayor and council may pass any ordinance needful for carrying out the provisions of this section, and in case any railroad or street railroads shall fail or refuse to make such crossings or culverts within fifteen days or to repair the same within ten days after having been notified to do so by the mayor and council in writing, said mayor and council shall be entitled to the remedy of mandamus. Railroad crossings, etc. Sec. 21. Be it further enacted, that the mayor and council shall have the power and authority to open, lay out, widen, grade, straighten, vacate, close, abolish, curb, pave, drain, alter, or otherwise change and keep in good order and renew and repave the streets, alleys, lanes, bridges, sidewalks, cross ways, drains and gutters within the limits of said city and to improve and light the same and keep them free from obstruction for the use of the public or of any of the citizens of said city; to regulate the widths of sidewalks and streets, to compel the owners or lessees of property to pave, repair, renew and repave curbing and sidewalks along the streets abutting said property owners and said city and the mayor and councilmen thereof are hereby expressly authorized and empowered to drain, raise, pave, macadamize, repair, renew and repave and improve the public sidewalks of said city and to put down, repair and renew curbing and drains, cross drains, crossing and other improvements thereon, according to their own specifications and to charge, assess and collect the expense or cost thereof from the owners of such abutting property, and upon refusal of such owner or owners to make payment of such assessment after 30 days a written demand suit in superior court will be for the collection thereof as now provided for by law, and the City of Trenton will have a lien on such property which the recorder shall have recorded in the office of the clerk of the superior court. Streets, etc. Sec. 22. Be it further enacted, that should any persons, firms or corporations fail or refuse to pay the city tax or license or assessment or fine legally imposed by the city authorities within the time allowed or prescribed by the

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ordinance of said city, the recorder shall issue an execution against such delinquents for the amount due by him to said city, which shall bear test in the name of the mayor and recorder of said city. Said execution shall bind all property that said defaulting taxpayer owns in said city for the year for which said taxes, license assessments or fines are due. Said execution shall be directed to the marshal and enforced by him of said city, who after levying the same upon the property of said defaulting taxpayer shall, if the property levied upon be personal property advertise for sale by posting notice thereof in three or more public places in said city for ten days before the day of sale, and if the property levied upon be real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales of Dade County are advertised, or some other newspaper published in said city, before selling the same. All sales under such executions shall be made by the city marshal before the doors of the court-house of Dade County or such place as the mayor may direct, notice of which place and time of sale be contained in the advertisement. The property levied upon shall be sold by the marshal at public outcry, under the law of sheriff's sales, to the highest bidder for cash. When personal property is sold the marshal shall deliver possession thereof on the spot to the purchaser. When real estate is sold the marshal shall make to the purchaser a deed which shall be as effectual in passing the title as the deed of the person against when the execution is issued, and it shall be the duty of such marshal upon the application of the purchaser or his agent to put in possession said purchaser or his agent of the real estate sold; provided, said marshal shall not be authorized to turn out any other person than such delinquent taxpayer, his heirs, tenants or assigns. The recorder shall be entitled to fifty cents for each fi. fa. issued and the marshal shall be entitled to the same fees for levics as are by law allowed a constable in this State and the same fees for selling as by law are allowed the sheriff in the State. Defaulting, taxpayer. Tax sales.

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Sec. 23. Be it further enacted, that the mayor and councilmen of said city shall be bound to keep peace, and for this purpose shall be ex-officio justices of the peace so as to enable them, or either of them to issue warrants for offenses committed within the jurisdiction of the city and shall have power, upon examination, to commit the offender or offenders to the guard-house of said city or to the common jail of Dade County, or to allow bail if the offender be bailable, to appear before the proper court of said county for trial. Commitment of offender. Sec. 24. Be it further enacted, that said mayor and councilmen shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings and kinds of business both fixed and itinerant in their nature that are carried on in said city and to fix the specific license tax for same and the time or times such tax or license shall be payable and shall provide penalties for engaging in the same without first registering and paying the tax and shall also have the power to enforce the collection of same by execution, but in no event shall the privilege tax be more than $10.00 per year for local enterprises, and not more than $10.00 per month for itinerant vendors. Any itinerant vendor shall be liable for one month's tax upon his making any solicitations or sales whatever within the corporate limits of said city. Registration of business, etc. Sec. 25. Be it further enacted, that the mayor and council shall not grant any public franchise to any person, firm or corporation without having the right to tax said franchise and to pass and adopt such rules and ordinances regulating and governing the exercise of such franchise as may seem best and no franchise shall be granted for a longer period than fifty years. Franchises. Sec. 26. Be it further enacted, that the mayor and council shall prescribe by ordinance the time and place and the manner in which the officer or officers to whom all property, occupations, etc., shall be returned for taxation by said city. It shall be the duty of the recorder to personally

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visit each piece of real estate in said city subject to taxation and to scrutinize carefully each return of property, real and personal, by all taxpayers in said city, and if in his judgment he shall find the property embraced in any return or any portion of it, returned below its value, said recorder shall raise the valuation at which the taxpayer has returned his property, said recorder shall give him written notice of his assessment within ten days from the date he has made such raise, and it shall be the taxpayer's privilege, if dissatisfied with the assessment, to appeal to the mayor and council under such rules and regulations as they may prescribe. Tax returns. Sec. 27. Be it further enacted, that it shall be unlawful for the mayor or any councilman to be interested either directly or indirectly in any contract with the city or any part thereof, and for the violation of this section by the mayor or any councilman of said city, the offender shall on conviction be punished as other misdemeanor cases prescribed by the code of this State. Prohibited interest in contracts. Sec. 28. Be it further enacted, that the mayor and council shall have full power and authority to take up and impound any horse, mule, cow, hog, sheep, goat or fowl running at large within the limits of said city or any part thereof, and to regulate and control the keeping of dogs in said city, and to provide for the impounding, muzzling, taxing and disposing of the same and to pass all such ordinances as may be deemed necessary for the carrying out of this section. Animals at large. Sec. 29. Be it further enacted, that the mayor and city council shall have full power and authority to fix and establish fire limits in said city, and from time to time to enlarge said fire limits or restrict or change the same and to provide a system of fire alarms should the same be deemed necessary. Said mayor and council shall also have the power and authority to regulate and inspect the character of all buildings hereafter erected in said city. Fire limits. etc.

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Sec. 30. Be it further enacted, that should the mayor or any officer of said city be guilty of any wilful neglect, malpractice or abuse of power, he shall be subject to be indicted in the Superior Court of Dade County, and upon conviction shall be punished as for a misdemeanor. Malpractice. Sec. 31. 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 any unauthorized arrest or false imprisonment that may be effected by the marshal or police of said city but if damages are ever thus received they can only be recovered out of the officer or officers whose unlawful or unauthorized conduct may have produced them. Arrests. Sec. 32. Be it further enacted, that the city council shall have power and authority to regulate the running of trains, automobiles, bicycles, motorcycles or other high speed vehicles in said city, to prescribe the rate of speed at which the same may be run and the manner in which they may be run, the qualifications of the drivers thereof, the registrations of said machine and all other acts and things necessary or incident to the safety of the same and of the safety of the general public. Regulation of automobiles, trains, etc. Sec. 33. Be it further enacted, that the city council shall have power and authority to regulate the storing and keeping of gasoline, kerosene, benzine, and other inflammable or explosive oils, and the keeping or storing of gunpoweder, dynamite, nitro-glycerine and other explosives within the city limits. Explosives. Sec. 34. Be it further enacted, that whenever any execution issued by the proper authorities of said city for fines, forfeitures, taxes, license or any duty or demands due said city shall be levied on any property claimed by another person not a party to the execution, said claim shall be investigated under the same rules, regulations or restrictions as regulate claim cases under the laws of this State, and said claims shall be tried by a jury in a justice court or superior court having jurisdiction thereof, as the case may be. Levy, claim.

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Sec. 35. Be it further enacted, that the said mayor and council shall have full power and authority to levy and collect an annual ad valorem tax not to exceed 40 per one hundred dollars of assessment on all the property real and personal within the limits of said city, which is taxable under the laws of this State, for the purpose of supporting, maintaining and bearing the general expenses of said city government; also an additional ad valorem tax not to exceed 10 per one hundred dollars of assessment, on all taxable property for the payment of any extraordinary expenses of said city. And said taxes to be all added together and collected at the same time but to be used only for the purpose for which each was levied; also an additional extraordinary tax not to exceed 10 per one hundred dollars of assessment on all taxable property may be levied and collected for the following special purpose; for preventing, fighting, insolation, treating and stamping out yellow fever, small-pox or other similar contagious or infectious diseases, including quarantine, quarantine houses and sanitary purposes, and to be collected and used for no other purpose, when in the judgment of the mayor and councilmen the necessities of the city may require. Ad valorem tax. Extraordinary taxes. Sec. 36. Be it further enacted, that the mayor and council shall also have the right and power to regulate all drays, hacks, automobiles and vehicles of every kind and description used in the city for hire in the transportation of passengers and freight or both, to provide for the regular inspection of the same and for the lighting the same at night and to fix the rate of fare and carriage for the same. Regulation of vehicles. Sec. 37. Be it further enacted, that the mayor and council of said city may when they deem necessary appoint a board of health consisting of three citizens, one of whom shall be a regular licensed practicing physician who shall be the city physician, and one shall be city attorney. They shall meet as often as may be necessary, investigate into the sanitary condition of the city and report to the mayor and the city council all nuisances likely to damage the health of the city. Upon such report being made by said

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board of health it shall be the duty of the mayor and council to cause such nuisance to be abated, and the recommendation of the board of health be carried out in a summary manner at the expense of the premises as the mayor and council may elect. Said mayor and council upon the recommendation of the board of health shall have the power and authority to cause the owners of lots and parcels of land in city to drain the same or to fill up the same to the level of the street or lands upon which they front, or to drain any pool of water thereon, also to compel the owners of cellars occasionally holding water to cause the same emptied of the water or fill up the same if necessary and in case the owner or owners of said lot or lots, parcel or parcels of land shall fail or refuse, after reasonable notice to him or his agents to comply with the requirements of the mayor and council, by filling up said lots or parcels of land by draining the same or by draining any pool of water thereon or by emptying or filling up such cellars, it shall be lawful for such mayor and council to cause the same to be done and for the amount expended for this purpose the recorder shall forthwith issue an execution against the owner of said property to be collected from said lot or parcel of land and the sale under the marshal shall pass the title to the property as completely to the purchaser as sale under judgment or execution by the sheriff of said county. Board of health. The mayor and council, upon the recommendation of the board of health, shall pass and enforce such ordinances as may be necessary to safeguard the public health, for the control and regulation of any waterworks operating under a franchise granted by the city, and at their discretion to do so without recommendation of the board of health. Waterworks. Sec. 38. Said mayor and city council shall also have authority under the recommendations of the board of health to make and enforce for any length of time such rules and regulations as they may deem proper to prevent the introduction into said city of any infectious or contagious disease, or to isolate, localize or prevent the spread of the same if found in the city. The power and authority conferred

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in this section may be exercised by the mayor and city council in their discretion wihtout the recommendation of said board of health. Said mayor and council shall have power and authority at any time to fill any vacancy that may occur in said board of health. Health regulations. Vacancies in board. Sec. 39. Be it further enacted, that the mayor and city council shall have power and authority to contract debts and issue bonds of said city under and in accordance with the limitations provided by the constitution of this state and the general laws applicable to municipalities, and with the funds arising from the sale of said bonds thus issued, may refund any existing debt, establish, maintain or extend a system of waterworks, gas works, a system of electric light, a sewer system and the disposal of sewerage, including the purchase of real estate either within or without the city, or they may grant franchises to any person or persons, firms or corporations to purchase, acquire, erect, own, operate, maintain or control waterworks, gas lights, electric lights, telegraph, telephone or street railway systems. They shall also have the authority to erect public buildings or any improvement necessary for the welfare of the citizens of said city for the above described purposes under the limitations herein stated. Power to contract debts and issue bonds. Sec. 40. Be it further enacted, that the mayor and city council shall have power to remove any forge, blacksmith shop or other buildings when in their opinion it shall be necessary to insure safety against fire. They shall have power to cause any stoves, stovepipe or other thing which shall endanger the city as to fire, to remove or remodel at the expense of the owner, as prudence shall dictate, and may pass all such reasonable ordinances as they may deem necessary for the protection of the public from fire. Removal of buildings. Fire protection. Sec. 41. Be it further enacted, that the mayor and city council shall have the power and authority to pass all such ordinances and regulations for the government of said city, for the suppression of disorderly conduct, the maintenance of public peace, the protection of public health and all other matters, which are not in conflict with the constitution

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and laws of this State or of the United States, as they may see proper to do and to prescribe and enforce penalties for violation of the same. General welfare clause. Sec. 42. Be it further enacted, that the mayor, upon complaint supported by oath or affirmation of any citizen of said city, setting forth in writing that to the best of his knowledge and belief, wine, beer, near-beer, malt, alcoholic or intoxicating liquors of any kind are stored or kept for the purpose of, or intent of, illegally sell or otherwise illegally dispose of the same, in a certain described place in said city, shall thereupon issue a search warrant, directed to the city marshal, commanding him to enter the suspected place, search for and seize the same, should any be found thereon, the officer making said search shall seize such goods and shall hold the same in custody and make a return of his actings and doings to the recorder upon said warrant. The marshal shall also serve a written notice on the person or persons appearing to have said liquors in his custody or control, and if no one appears to be in custody or control of the same, then upon the person or persons who seem to have control of the premises where the same is found, to appear and defend against said warrant and accusation, and a hearing shall be had on the same to determine whether the law has been violated by the keeping, storing, or selling of such alcoholic liquors, and if such questions be determined affirmatively, then the goods seized as aforesaid shall be destroyed by the city authorities, after the lapse of thirty days from the date of the judgment on the warrant unless steps have been taken to have the finding reviewed by a higher court. The city marshal shall also arrest the person, or persons appearing to have said liquors under their control or appearing to have the premises on which the same are found under their control, and bring them before the recorder for trial; the mayor and council shall prescribe by ordinance all penalties for violation of the laws and ordinances of the city touching this question. Liquors. Sec. 43. Be it further enacted, that the mayor and city council shall have power and authority to grant encroachments

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upon the streets, sidewalks, lanes, alleys, and lands of said city, upon such terms and in such manner as may be prescribed by ordinance. Encroachments on streets, etc. Sec. 44. Be it further enacted, that it shall be the duty of the city marshal to prosecute all offenders against the laws of this State for crimes committed within the city limits, to arrest or cause to be arrested all persons committing or attempting to commit crime, and all disorderly persons, and to commit them to guard house or the common jail of Dade County to await trial. It shall also be his duty to execute all processes and orders of the city and to discharge any other duties that may be imposed on him by the laws, rules, and ordinances of said city, and he shall give bond for the faithful performance of his duty in such sum as may be fixed by the mayor and council. Prosecution of offenders. Sec. 45. Be it further enacted, that the mayor and council are hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the laws of this State or of the United States, to prohibit the storing or keeping of wine, beer, near-beer, malt, alcoholic or intoxicating liquors of any kind for illegal purposes within the corporate limits of the City of Trenton, and to punish any person or persons for violation of the same. Liquors, etc. Sec. 46. Be it further enacted, that the mayor and council shall have power to protect places of public worship; to provide places for the burial of the dead, and to regulate interments therein. Burial. Sec. 47. Be it further enacted, that all warrants, summons and precepts issued by the recorder of the City of Trenton, bearing test in the name of said mayor and recorder, shall be directed to the marshal, deputy marshal, or police of said city, and the said recorder shall have the power to issue subpoenas, to compel the attendance of parties or witnesses to the recorder's court and the meetings of said mayor and councilmen. The said recorder shall have full power and authority to take and receive from all parties and witnesses such bond as he may deem necessary

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to secure the attendance of said witnesses and parties, and the mayor and councilmen shall pass all ordinances to carry his behest into effect, to forfeit and collect said bonds in the same manner that such bonds are forfeited in the superior courts of this State. Warrants, etc. Sec. 48. Be it further enacted, that the mayor and council shall have power and authority, in their discretion, to acquire by gift, purchase, or otherwise on behalf of the City of Trenton, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, for the health, interest and welfare and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise and necessary. Parks. Sec. 49. Be it further enacted, that should any person violating any of the ordinances of said city flee from the jurisdiction thereof, he or she may be apprehended or arrested, whenever found in the State, and the warrants of the recorder, or acting recorder of said city, shall be sufficient authority for his or her return and trial upon the charge resting against such person, and should any person after trial and conviction escape, such person may be apprehended or arrested whenever found in this State and the warrant of either of the officials aforesaid shall be sufficient for his or her arrest and return; and all persons escaping from the custody of said city or its officers may be tried for such escape and punishment therefor not exceeding penalties herein provided. The said mayor and council shall have full power and authority to provide for said city a safe and suitable prison for the keeping and detention of prisoners and convicts of said city and of all persons charged with a violation of the ordinances of said city before or after conviction, and to appoint a custodian or keeper thereof. Escapes, arrests. Prison.

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Sec. 50. Be it further enacted, by the authority aforesaid, that the mayor and council shall have the power to pass ordinances and regulations for the prevention of all crimes and offences not made felonies by law and not in conflict with the laws or constitution of this State or the United States committed within the city limits and to prescribe penalties for violation thereof in accordance with this charter. Offenses, penalties. Sec. 51. Be it further enacted, that any officer of said City of Trenton, who may be sued for any act done in his or their official capacity, may be justified under this charter and that the provisions of this charter may be pleaded and shall be a full defense to any action brought against the mayor and councilmen of said city, or either of them, for any act done by them, or either of them, under and in accordance with the ordinance passed in pursuance thereto. Defense by officer. Sec. 52. Be it further enacted, that all fines, costs and funds assessed or collected under the provisions of this act shall be paid to the city recorder and to become a part of the city funds, this to include marshal's cost recorder's costs, and all other costs arising in this manner. Fines, etc. Sec. 53. Be it further enacted, by authority aforesaid that the following shall be established and recognized as a fee bill of the police court of the City of Trenton; For each arrest made the sum of $2.00; for taking bonds, the sum of $1.00; for trial, the sum of $1.00 and 15 for each subpoena which shall be charged as a part of the marshal's cost in said cases. For each appeal entered to the council the sum of $1.00 which shall be charged as part of the recorder's cost in said cases. For each turnkey fee, the sum of 50 which shall be charged as a part of the officer's cost in making the arrest, the sum of 60 per day for jail confinement. These latter two items shall be paid over by said city to the sheriff. Costs. Sec. 54. Be it further enacted, that the mayor of said city shall attend all the meetings of council of said city and shall preside over said meetings and shall have the

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power to veto any act of the council in passing any orders and resolutions and having the same entered in the minutes of said council and that the veto of said mayor to any act of the council may be overridden by three-fourths of the votes of the council in such meeting. The right of veto of any ordinance must be exercised within ten days from the time of passage by the council or same shall be considered as approved. Mayor, veto. Sec. 55. Be it further enacted, that all taxes due the City of Trenton shall be due and payable on the first Monday in May for the preceding year and shall become delinquent on the first Monday in July thereafter, at which time it shall be the duty of the recorder to issue executions therefor against said delinquents, which executions shall be placed in the hands of the marshal to be by him collected as herein before provided. Taxes, time for payment. Sec. 56. Be it further enacted, that all license and privilege tax shall be due and payable on the first Monday in January of each year and must be paid not later than the first Monday in February thereafter in order to avoid the penalties herein provided and as may be provided by ordinance. All persons beginning new licensable or taxable business, occupations or professions shall be required to pay the license or tax therefor up until the next first Monday in January immediately upon doing business at said business, occupation or profession. Licenses. Sec. 57. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Sec. 58. Be it further enacted, that in the event any part of this be declared unconstitutional that only that part so declared shall be affected and the remainder of said Act shall continue of force. Invalidity of part of Act. Approved March 15, 1935.

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TWIN CITY CHARTER AMENDMENTS. NO. 448. An Act to amend an Act entitled a Act to incorporate the town of Twin City in the County of Emanuel, and for other purposes approved August 9, 1920 (Acts of the General Assembly of Georgia of 1920, pages 1658 to 1705), so as to repeal the requirement of registration to vote in Twin City; to provide that the commissionrs shall be elected from the respective wards for a term of one year; and so as to require each candidate for commissioner to name the commissioner whom he seeks to succeed in each respective ward; and for other purposes. Section 1. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this act, section 4 of this Acts of the General Assembly of Georgia of 1920, pages 1658 to 1705, incorporating the City of Twin City in the County of Emanuel be amended by striking out the words entire city in line 9 of section 4 on page 1661, and inserting instead the words respective wards, so that section 4, when so amended, shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that the governing and legislative authority of said city shall be vested in a commission of five members. The members of said commission shall have attained the age of twenty-one years and shall have been residents and citizens within the territory embraced in said city for at least two years immediately preceding their election and shall be qualified voters in the territory within the limits of the city. They shall hold their first meeting on the first Monday in January 1921, and at such times thereafter as may be affixed by resolution or ordinance of said commission, and at said first meeting shall elect one of their members as Mayor. Their Mayor, or in his absence, the Mayor pro tem., shall preside over the deliberations of the commission and shall have the right to vote on all questions; he shall preserve order and decorum at all meetings of the commission and shall enforce the rules of the

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body and shall have the power to punish all persons for contempt of such rules and shall perform all duties enumerated in this charter and which are incident to his office. Service of legal process directed to or against the city shall be served upon the Mayor, or in the event of his absence, upon the Mayor pro tem. Two of said commissioners shall be elected from ward one of said city; one of said commissioners from ward two of the city; and two of said commissioners from ward three of said city, but they shall be elected by the consolidated vote of the respective wards. Their term of office shall be for a period of one year, and until their successors are elected and qualified, and shall commence with the first Monday in January, 1921, and annually thereafter, the term of commissioners elected shall commence on that date. Section as amended. Commissioners. Election, terms. Sec. 2. Be it further enacted by the authority aforesaid, that section 5 of the original Act be amended by striking out the figures 1920 in line 4 of said Act and insert in lieu thereof the figures 1935 and by striking out the phrase throughout the city in line 10 of said section and inserting instead the phrase in the respective wards, and by striking out the balance of said paragraph, beginning with the word and in the 10th line of said section, so that section 5, when so amended, shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that an election shall be held within the territory embraced in this charter on the first Tuesday in December, 1935, to elect commissioners who shall hold office as aforesaid, and annually thereafter and on the first Tuesday in December of each year, an election shall be held for the purpose of electing said commissioners for a period of time aforesaid. In all elections the candidates from each of said wards receiving the highest vote in the respective wards shall be declared elected. Section as amended. Sec. 3. Be it further enacted by the authority aforesaid, that sections 6, 7 and 8 of the original Act be and the same are hereby repealed. Sections repealed.

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Sec. 4. Be it further enacted by the authority aforesaid, that as a substitute for sections 6, 7 and 8 hereby repealed, section 6 be added as follows: Section 6. Be it further enacted by the authority aforesaid, that only white persons at least twenty-one years of age who have been bona fide residents of Twin City for ninety days, prior to any general election or special election, shall be eligible to vote therein; and that in the elections for commissioner or commissioners of the respective wards, as herein provided, each candidate shall name the commissioner whom he seeks to succeed, and the ballot shall contain the names of at least two candidates from the first ward, one candidate from the second, and two candidates from the third ward, and the candidates receiving the highest number of votes for the office he seeks in the respective wards, shall be elected, provided, that in the election of commissioners, the Twin City commission shall designate the place of holding the election for commissioners, and the voters shall vote only for qualified candidates of their respective wards. Elections. Sec. 5. Be it further enacted by the authority aforesaid, that section 34 of said original Act be and the same is hereby repealed. Approved March 28, 1935. UNION CITY TAXES. NO. 183. An Act to amend an Act of the General Assembly approved August 17th, 1908, incorporating Union City in the County of Campbell, then but now Fulton County, Georgia, as amended on August 7th, 1925, and as amended March 15th, 1926, so as to authorize and empower the Mayor and Council of Union City to assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of Union City for general purposes including operation of town government, for the purpose of maintenance of streets and sidewalks

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in Union City, for the purpose of maintenance of lights and water in Union City, and for the purpose of general improvements in Union City. Section 1. 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 and approval of this Act, the Act of the General Assembly of Georgia approved August 17th, 1908, incorporating Union City, in the County of Campbell then, but now Fulton County, State of Georgia, and the Act as amended August 7th, 1925, and as amended March 15th, 1926, be and the same is hereby amended by striking out all of section 28 of the Act approved August 17th, 1908, and as amended August 7th, 1925, and as amended March 15th, 1926, and inserting in lieu thereof the following, so that the said section 28 of said Act shall read as follows: Section 28. Be it further enacted by the authority aforesaid, that for the following purposes the Mayor and Council of Union City are hereby authorized to prescribe by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of Town of Union City as follows: Section amended. Ad valorem tax. For general purposes including operation of Town Government, a sum not to exceed ten (10) mills on the dollar of such taxable property. For maintenance of streets and sidewalks, a sum not to exceed two and one-half (2) mills on the dollar of such taxable property. For maintenance of lights and water, a sum not to exceed five (5) mills on the dollar of such taxable property. For general improvements in the Town of Union City, a sum not to exceed two and one-half (2) mills on the dollar of such taxable property. Which tax shall not include taxes for school purposes, nor does the sum include any tax that may be necessary in the judgment of the Mayor and Council of Union City for

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the purpose of meeting the interest due on bonds that may be issued by the said Union City or for providing a sinking fund for the payment of any such bonds. Sec. 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. [No entry of approval or veto.] VIDALIA PRIMARY ELECTIONS. NO. 361. An Act to amend an Act creating a new charter for the City of Vidalia, in the County of Toombs, approved August 8, 1922; to provide for the holding of a democratic primary election in the City of Vidalia, to fix the qualification of voters voting at said primary election and to provide for the registration of voters in said election; to provide for and fix a permanent date for the holding of a primary election in said City of Vidalia and to fix rules for holding the same; to provide for and to create a Democratic Executive Committee for the City of Vidalia, to fix their qualification and to provide for the election of a Democratic Committee and to fix their duties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act incorporating the City of Vidalia, approved August 8, 1922 (Acts 1922, pages 1004 et seq.), as amended, be and the same is hereby amended so as to authorize and provide for the holding of a democratic primary election in the City of Vidalia, to nominate candidates to run as democratic nominees in the general elections to be held in the City of Vidalia to elect a mayor, councilmen, and members of the Board of Education and such other elective officers in the City of Vidalia as may be elected by a vote of the people. Democratic primary election.

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Sec. 2. Be it further enacted by the authority aforesaid, that on the fourth Wednesday in October, 1935, there shall be held a democratic primary election in the City of Vidalia, to nominate candidates to run on a democratic ticket for all the elective offices in the City of Vidalia in the general election to be held on the second Wednesday in December, 1935. At said primary election the candidates for nomination shall designate for what term of office they desire to be nominated, and it shall be so printed on the ticket. Biennially thereafter there shall be held a democratic primary election for the purpose of nominating the elective officers in said city. The candidate receiving the highest number of votes in the democratic primary election for the office he has designated shall be declared the democratic nominee to run for said office in the general election. Provided, should any two or more candidates running for nomination for the same office receive the same number of votes in the primary election, such candidates may run the tie off in the general election and the one receiving the highest number of votes be elected to the office. Sec. 3. Be it further enacted by the authority aforesaid, that if any candidate running in the primary election for the nomination to any office, is aggrieved by the result of the election and desires a recount of the votes cast for and against him, a recount shall be had by filing a written demand for a recount with the democratic executive committee created under the Charter, the demand to be filed within three days from the date of the election in which he shall state the reason for a recount and when a demand for recount is filed it shall be the duty of the executive committee to convene within five days from the date of filing of the demand and recount the votes cast for and against the contestant. The finding of the executive committee shall be final and no further appeal allowed. Recount of votes. Sec. 4. The primary election shall be held at the same place as that fixed for the holding of the general election and under the same regulations, except that it shall be

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held by managers appointed by the democratic executive committee and shall be held under the Australian balloting system. Time and place of election. Australian ballot. Sec. 5. The system of registration and voters in the primary election shall be the same as now fixed for registration and voting in the general election, except that all persons registering and voting in the primary election shall be at the time they register and vote, qualified to register and vote for members of the General Assembly in the State Democratic Primary Election. It shall be the duty of the registrars to prepare and furnish a list of voters for the primary election in the same manner as required in the general election. Registration of voters. Sec. 6. The Democratic Executive Committee of the City of Vidalia shall consist of five members as follows: J. B. Brewton, H. L. Cromartie, R. E. Saffold, O. D. Worthan, A. C. Jenkins, who, shall serve as a committee from the approval of this Act until the first day of January, 1936. At the primary election to be held on the fourth Wednesday in October, 1935, five committeemen shall be elected who shall serve for a full term of two years beginning on the first day of January, 1936. Biennially thereafter at each primary election five committeemen shall be elected who shall serve a full term of two years, their term beginning on the first day of January after their election. They shall be qualified registered voters of the City at the time of their election. Democratic executive committee named. Sec. 7. It shall be the duty of the Democratic Executive Committee to pass on the qualification of candidates running for nomination in the primary election, to fix the date for closing entrance and to fix the entrance fee to be charged each candidate, to recount the votes in any contest when a demand for a recount is filed and to declare and file the result of their finding. Duties of committee. Sec. 8. Be it further enacted, that all laws or parts of laws in conflict with this Act be and are hereby repealed. Approved March 28, 1935.

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VILLA RICA CHARTER AMENDMENTS. NO. 32. An Act to amend the charter of the City of Villa Rica, Georgia, approved August 19, 1912, Code 1912; to provide for the division of the City of Villa Rica into four wards; for the registration of voters of said city; to prescribe dates for the election of officers, and to provide for their qualification; to provide for calling and holding elections; and to provide for the issuance of bonds as provided by the general law, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same; that from and after the passage and approval of this Act, the City of Villa Rica, Georgia, shall be and is hereby divided into four wards, namely, 1st, 2nd, 3rd, and 4th wards as follow, to wit: The first ward shall embrace all the territory and part of said city south of the right of way of the Southern Railway and east of Cemetery Street. Wards. The second ward shall embrace all that territory and part of said city bounded as follows; On the north, right of way of Southern Railway to Jones Street, thence north along Jones Street to city limits; on the east by Cemetery Street. The third ward shall embrace all that territory and part of the city north of right of way of Southern Railway and Jones Street and west of unnamed alley running between the property known as the W. B. Candler home place and the W. Z. Howell home place, running east from Temple Street to Villa Rica Street, thence north to city limits. The fourth ward shall embrace all that territory and part of said city north of right of way of Southern Railway and east of unnamed alley running between the property known as the W. B. Candler home place and the W. Z. Howell home place, running east from Temple Street to Villa Rica Street, thence north to city limits.

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Sec. 2. Be it further enacted by the authority aforesaid, that section 3 of the Act approved August 19, 1912, amending the charter of the city of Villa Rica, Georgia, be repealed, and the following section substituted therefor: Be it enacted by the authority aforesaid, that on the first Thursday in January, 1936, there shall be held an election for mayor and five councilmen for said city of Villa Rica under the rules and regulations hereinafter named. Election for mayor and councilmen. The mayor shall be elected for a term to expire on the first Tuesday in February, 1938, and all subsequent terms for Mayor for said city of Villa Rica shall be for a term of two years, and until his successor is qualified. There shall be at said election, one councilman elected for said city at large, he being the candidate receiving the highest number of votes for councilman at large, and his term shall expire on the first Tuesday in February, 1937. There shall be elected at said election, one councilman from each ward of said city, who must reside in the ward he represents. The councilmen elected from ward one and ward two shall be elected for a term to expire on the first Tuesday in February, 1938. The councilmen elected for wards three and four shall be elected for a term to expire on the first Tuesday in February, 1937, and all subsequent terms councilmen both from the city at large and from each ward of said city shall be elected for a term of two years, and until their successors are qualified. The successors of the above officials shall be elected by ballot by all the voters of said city, irrespective of the fact that the councilman from each ward shall reside in and be eligible for election only from the ward in which he resides, but all elections shall be by ballot and on one general ticket. The mayor and councilmen elected on the first Thursday in January, 1936, shall meet at the court house or their usual place of meeting in this city, and organize on the first Tuesday in February after their election at 7 o'clock

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p. m., by taking and subscribing to the oath of office herein set out, and immediately enter upon the duties of their said office. The mayor and councilmen elected for the city of Villa Rica at all subsequent elections shall meet on the first Tuesday in February next after their election, with the hold-over councilmen, at the city hall or other usual place of holding council meetings in said city, and there shall severally take before some officer authorized by law to administer oaths, the following oath of office, to wit: Oath of mayor, etc. `I do solemnly swear that I will well and truly demean myself as mayor or councilman as the case may be, of the city of Villa Rica for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my ability, without fear or favor, and in all my actions as mayor, (or councilman), act as I believe for the best interests of said city, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they may take said oath of office as soon thereafter as possible. The mayor and council shall provide by regular ordinances for regular meetings, not less than one month, and may hold such special or call meetings as the business of the city may require, to be convened as provided for by ordinance. In the event the office mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal from the city or other causes, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose of filling said vacancy or vacancies, by giving notice such as may be provided by ordinance or by publication in the newspaper published in said city; or if none such, then in the newspaper in said county of Carroll carrying the sheriff's advertisements, and such election to be held, returns made and results declared in the manner as in the regular election for mayor or councilman as hereinafter prescribed. Provided, that in case such vacancy or vacancies occur within sixty

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days preceding the regular election in said city, then and in that event the said vacancy or vacancies may be filled by the mayor and councilmen, or by the mayor pro tem., in case of vacancy in the mayor's office. Persons so elected as councilmen or mayor pro tem., as the case may be, shall be duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, the office may be, in the discretion of the council or the mayor and remaining members of the council, declared by resolution vacant, and the vacancy filled as before provided. Vacancy. Sec. 3. Be it further enacted by the authority aforesaid, that section 80 of Act approved August 19, 1912, amending the charter of the city of Villa Rica, be amended so as to read as follows: The election of mayor and such councilmen whose terms have expired shall be held on the first Thursday in January of every year, begining with the year 1936. Election of mayor, etc. Sec. 4. Be it further enacted by the authority aforesaid, that section 10 of Act approved August 19, 1912 be amended, the charter of the City of Villa Rica reading as follows: That at the first regular meeting of the mayor and council, which shall be held on the first Tuesday in February, 1936, and annually thereafter for the purpose of reorganization, the council shall elect one of their number, mayor pro tem., for a term of one year, who shall in the absence or disqualification of the mayor, or during vacancy in said office, perform and discharge all of the duties and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor protem. The mayor and council shall also, at said meeting, elect a treasurer for said city; a clerk; and a marshal; who shall be chief of police; and as many policemen as in their judgment shall be necessary; a city attorney, if they deem one needed; a superintendent of water works; and other employees

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of said department whenever waterworks are established; and such other city officers as the mayor and council shall deem necessary in the government of said city, to be fixed by ordinance. Officers. Sec. 5. Be it further enacted, that each candidate for mayor for said city shall pay entrance fee of $5.00 upon his announcement as candidate for said office. Each councilman candidate shall pay entrance fee of $1.00 upon his announcement as candidate for office. Fees of candidates. Be it further enacted that all candidates for all offices shall make their announcements five or more days prior to election. Notice of candidacy. Sec. 6. Be it further enacted by the authority aforesaid, that section 92, of the Act approved August 19, 1912, amending the charter of the city of Villa Rica be amended so as to read as follows: Prior to any election held in and for said city there shall be a registration of such persons as are qualified to vote in county and state elections, but who are not already registered to vote in city elections. The registration shall commence sixty days before the day of the election and shall continue up to five days prior to the election. Persons now qualified and registered to vote in city elections and persons who shall hereafter become so qualified, may vote in any city election without again registering for such particular election. Registration of voters. Sec. 7. Be it further enacted by the authority aforesaid, that the Mayor and City Council of the City of Villa Rica, Georgia, may, and they are hereby empowered to provide rules and regulations therefore in accordance with the general law made and provided in such cases, for the purpose of issuing baby bonds for the improvement of streets and sidewalks in said city, provided that the people by a two-third vote of property holders, adjoining any street or section, may demand them. Street-improvement bonds.

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Sec. 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 23, 1935. WASHINGTON OFFICERS' SALARIES. NO. 371. An Act to amend an Act entitled An Act to provide a new charter for the City of Washington, Georgia, as approved July 29, 1929, in the following particulars; (1) To provide that the mayor of said city shall receive a salary of twenty-five dollars per month on and after the 15th day of January, 1937. Pay of mayor and councilmen. (2) To provide that each councilman of said city shall receive a salary of fifty dollars per annum on and after the 15th day of January, 1937. 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 15th day of January, 1937, section 7, an Act entitled, An Act to provide a new charter for the City of Washington, Georgia, as approved July 29, 1929, is hereby amended so that the same shall read as follows; Be it further enacted that the mayor of the city shall receive a salary of twenty-five dollars per month, and each of the councilmen shall receive a salary of fifty dollars per annum, to be paid out of the city treasury at such times as the mayor and council shall by ordinance provide; and both the mayor and councilmen shall be exempt from street-tax during the continuance of their official terms. Sec. 2. Be it further enacted, by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935.

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WASHINGTON TAX ASSESSMENTS, ETC. No. 78. An Act to amend an Act entitled An Act to provide a new charter for the City of Washington, Georgia, and to define its boundaries, powers, duties, and liabilities, and to provide for its orderly government, and for other purposes, by providing for the valuation and assessment of property for purposes of taxation, for arbitration of such valuation, for payment of tax appraisers, for the service of notice of such valuation, to provide for the payment of taxes in installments, for the issuance of fi. fas. upon the non-payment of taxes; to provide when such Act shall go into effect; 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 section seventeen (17) of the Act approved July 29th, 1929, creating a new charter for the City of Washington, Georgia, as found in Acts of the General Assembly of Georgia for the year 1929 pages 1396 and following, the said section beginning with the following words:- Sec. 17. Be it further enacted that at their first meeting in each year, said mayor and council, etc., and ending with the words, not to exceed the sum of five dollars per day when actually employed, be and the said section seventeen of the Act approved July 29th, 1929, is hereby stricken in full, and the Act creating a new charter for the City of Washington, Georgia, as approved July 29th, 1929, is amended by substituting in lieu of the paragraph so stricken, a new paragraph or section, so that section seventeen (17) of the charter of the City of Washington shall read when amended by the new section, as follows: Section 17. Be it further enacted that on or before January 20th of each and every year after this Act goes into effect, the mayor and council of the City of Washington, Georgia, shall select from the freeholders of said city, other than employees of said city, three discreet and upright persons to act as appraisers of all real, personal, and other

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kind of property for the purposes of taxation. The term of office of such appraisers shall expire with the year in which they were appointed. Such appraisers shall before entering upon their duties file in writing with the clerk of the City of Washington, Georgia, an oath to well and truly and impartially perform their duties, which oath shall be administered by any person authorized by law to administer oaths in this State. They shall each receive as compensation for every day they are actually engaged in work, the sum of five dollars, but not more than fifty dollars shall be paid any one of said appraisers in one year. The appraisers named shall on or before the 20th day of February in the year within which they are named, make and prepare a just and true appraisement and valuation of all the property, real, personal and other kinds, situate within the limits of the City of Washington, Georgia, or subject to taxation therein, which appraisement and valuation shall be adopted by the mayor and council of the City of Washington, Georgia, for the purpose of assessing and collecting taxes for that year. After such appraisement and valuation is so made upon proper forms provided by the City of Washington, Georgia, each and every person, firm, corporation, or other owner of property liable for taxation by the City of Washington, Georgia, shall be notified in writing of the appraised value of such property, its kind and location, rate of tax, the total amount of tax, with the amount of each installment and date when payment is due. Such notice shall be signed by the city clerk, and must be served on the property owner on or before March 1st in each and every year after such appraisement and valuation is made. Service may be made either personally or by mailing such notice as ordinary mail. The mayor and council of the City of Washington, Georgia, shall be authorized to provide for payment of the person or persons serving such notices. The certificate of the person serving such notice, or of the person mailing the same, shall be sufficient evidence of service provided herein. In cases where the location and description of the property is known, but the name and address of the owner is unknown, or in

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cases where the name of the owner is known but the address is unknown, notice of such appraisement and valuation shall be served by the posting by the city clerk of a notice before the court-house door in Washington, Georgia, where legal notices are usually posted, which notice shall briefly describe the property, its location, valuation, rate of tax, with total amount of tax due and the amount and maturity of each installment. The posting of such notice on or before March 1st in each and every year after the appraisement and valuation of such property has been made, shall be deemed good and sufficient notice binding the property therein described for taxation. Any property owner dis-satisfied with the appraisement and valuation placed on his property shall have the right within three days after March 1st of each and every year (the first day not to be counted if falling on Sunday) to go before the board of tax appraisers and submit any facts showing wherein the appraisement of such property was erroneous, and the said tax appraisers shall sit during such time for the purpose of hearing complaints. If after such hearing before the tax appraisers the property owner is still dissatisfied with the valuation and appraisement of his property, he may, within two days of the decision by the appraisers, demand an arbitration of the values fixed by such appraisement. An arbitration may be procured by handing to the city clerk a written notice requesting the same, which notice must contain the name of the arbitrator selected by the property owner. The mayor of the City of Washington, Georgia, within two days after such notice has been filed with the clerk, shall thereupon name an arbitrator to act for the City of Washington, Georgia, and these two persons shall then select a third arbitrator. Each of the arbitrators shall take an oath before some officer authorized to administer oaths, to fairly and impartially perform their duties, and that they are not related to the applicant for arbitration nor an officer holder of the City of Washington, Georgia. Such arbitration must be disposed of within three days after the city names its representative, and the result reached by the said arbitrators shall be final and conclusive on both parties.

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After the time for objections to said appraisements and valuations has expired, and all arbitrations have become concluded, then the appraisements and valuations of property for the taxable year shall be deemed fixed and decided, and it shall be the duty of the city clerk to prepare a tax book which shall shown each class of property with the property owners name, or if name unknown it shall be so stated, the amount of its appraisement or valuation, the total valuation, rate of tax, the total tax due and the amount of each installment with time of maturity. Such tax as may be assessed by the City of Washington, Georgia, for the taxable year shall be due and collectible in installments as follows: One-third shall be due and payable between the dates of April 15th and May 1st in each and every year. One-third between the dates of July 15th and August 1st in each and every year, and one-third between the dates of October 15th and November 1st in each and every year. Section as amended. Tax appraisers. Arbitration. Time of paying taxes. It is further provided that the city clerk shall insert a notice in the official gazette of said county to be run for one time during the date any installment may be due, notifying the public of such installment period, and the discount, if any, that shall be allowed. It is provided that if any property owner shall desire to pay all the installments of taxes due in any year at the time allowed for the payment of the first installment, that such taxpayer shall be entitled to a discount of four percent on the total amount of taxes due for the entire year. If such taxpayer, after paying the first installment when due, shall desire to pay at the time the second installment is due, all the remaining installments, he shall be entitled to a discount of two percent on the last two installments as due. In the event the taxpayer shall neglect and refuse to pay the first and second installments, or either of them, by the time within which the second installment is due, then after August 1st of each and every year, all the taxes due by such taxpayer for entire year shall immediately become due and payable, without discount of any sort. It shall then become the duty of the city clerk within ten days after

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August 1st of each taxable year to have issued a fi. fa. against such taxpayer, for all the taxes due by such taxpayer within such year, and if the taxpayer is not known, then against the property, which fi. fa. shall be issued in the same manner and in the same form as fi. fas. for city taxes are now issued by the City of Washington, Georgia, except that such fi. fa. shall show on its face in addition to the total amount due, the amount of each installment and the time when due. The fi. fa. shall bear interest from August 1st of the year in which such taxes became due at seven percent, and the sum of one dollar shall be added to such fi. fa. as costs, of which sum fifty cents shall be paid to the person collecting the same, and the balance of said sum shall be paid into the city treasury. In the event the collection of the fi. fa. is made by the city clerk as a salaried officer, the entire costs shall be paid into the city treasury. If the first and second installments of such taxes are paid when due, but default is made in payment of the last installment, a fi. fa. for the last installment shall not be issued until ten days after November 1st in the year in which such taxes became due, which fi. fa. shall bear the same costs as provided elsewhere in this section, but interest at the rate provided herein shall not commence until November 1st of such year. Tax fi. fas. The taxes herein provided for shall be levied at the same rate and in the same manner now provided by the charter of the City of Washington, Georgia, and shall be collected by such officers as are now authorized to levy and collect taxes for such city. Tax rate. Sec. 2. Be it further enacted, that this Act shall not go into effect until the first day of January in the year 1936. Effective when. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 7, 1935.

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WEST POINT RECORDER. No. 331. An Act to amend an Act creating a new charter for the City of West Point approved December 13, 1900, by amending section 13 of said Act so as to provide for a Recorder for the City of West Point. Section 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 13 of the Charter of the City of West Point approved December 13,1900, be and the same is hereby amended by adding the following to the end of said section: Provided that said mayor's court may be presided over by a Recorder appointed by the Mayor and Council of the City of West Point; and the office of Recorder is hereby created and the Mayor of the City of West Point and the Clerk thereof shall be eligible to election or appointment to the said office. The salary of said recorder to be fixed in whatever sum as the mayor and council may determine. Recorder, election, salary. Approved March 26, 1935.

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PART IV.RESOLUTIONS.

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TITLE I. AMENDMENTS TO CONSTITUTION. RESOLUTIONS. Lieutenant-Governor's Election. Lieutenant-Governor President of Senate. Moultrie Zoning and Planning Laws. State School Superintendent. Supreme Court Cases; Delay. Tax Classification and Limitation. Terms of Constitutional Offices. LIEUTENANT-GOVERNOR'S ELECTION. NO. 3. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article V, section I, paragraph VIII of the Constitution of Georgia, providing for a Lieutenant-Governor, who shall be President of the Senate; providing for the compensation of the Lieutenant-Governor; and providing for his succession to the executive power in case of the death, resignation, or disability of the Governor. Be it resolved by the General Assembly of Georgia: Section 1. That article V, section I, paragraph VIII, of the Constitution of Georgia, which provides for the successor to the Governor, be and the same is hereby amended by striking all of said paragraph VIII, and inserting in lieu thereof a new paragraph to be paragraph VIII of section I of artic and to read as follows: (See Code 1933, 2-2608.)

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Paragraph VIII. Lieutenant-Governor. Succession to executive power. There shall be a Lieutenant-Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. In case of the death, resignation, or disability of the Governor, the Lieutenant-Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant-Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant-Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant-Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant-Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. Lieutenant-Governor, election, term. To be President of Senate. Salary, Powers. Succession. Speaker of House to exercise power, when. Sec. 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District of this State for two months preceding the next general election and at such election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, for ratification or rejection. The voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots, For ratification

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of the amendment to article V, section I, paragraph VIII, of the Constitution of Georgia, providing for a Lieutenant-Governor, who shall be President of the Senate, fixing his compensation and providing for his succession to the executive power in the event of the death, resignation, or disability of the Governor. The voters voting against the ratification of the amendment shall have written or printed upon their ballots, Against ratification of the amendment to article V, section I, paragraph VIII, of the Constitution of Georgia, providing for a Lieutenant-Governor, who shall be President of the Senate, fixing his compensation, and providing for his succession to the executive power in the event of the death, resignation, or disability of the Governor. If a majority of the qualified voters voting at said election shall vote in favor of the ratification of the amendment, the Governor shall make proclamation therof, and the foregoing amendment shall become a part of the Constitution of the State of Georgia. Submission to popular vote. Form of ballot. Proclamation. Approved February 1, 1935. LIEUTENANT-GOVERNOR PRESIDENT OF SENATE. NO. 4. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article III, section V, paragraph II, of the Constitution of Georgia, which provides for the election of the President of the Senate, by providing that the Lieutenant-Governor shall be President of the Senate, and for the election of a President pro tempore of the Senate. Be it resolved by the General Assembly of Georgia: Section 1. That article III, section V, paragraph II, of the Constitution of Georgia be amended by striking all of said paragraph II, and inserting in lieu thereof a new paragraph to be paragraph II, and to read as follows: (See Code 1933, 2-1602.

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Paragraph II. The Lieutenant-Governor shall be President of the Senate, and the presiding officer thereof. A President pro tempore shall be elected viva voce from the Senators, and shall act in case of the death, resignation, or disability of the Lieutenant-Governor, or in the event of his succession to the executive power. Lieutenant-Governor to be President of Senate. Succession by President pro tem. Sec. 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District of this State for two months preceding the next general election, and at such election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, for ratification or rejection. The voters voting in favor of the ratification of the amendment shall have written or printed upon their ballots, For ratification of the amendment to article III, section V, paragraph II, of the Constitution of Georgia, providing that the Lieutenant-Governor shall be President of the Senate, and for the election of a President pro tempore of the Senate. The voters voting against the ratification of the amendment shall have written or printed upon their ballots, Against ratification of the amendment to article III, section V, paragraph II, of the Constitution of Georgia, providing that the Lieutenant-Governor shall be President of the Senate, and for the election of a President pro tempore of the Senate. If a majority of the qualified voters voting at said election shall vote in favor of the ratification of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of the Constitution of the State of Georgia. Submission to popular vote. Form of ballot. Approved February 5, 1935. MOULTRIE ZONING AND PLANNING LAWS. NO. 23. A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the City of Moultrie to pass and enforce zoning

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and planning laws for said city; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That paragraph 25 of section 7 of article 3 of the Constitution of the State of Georgia be amended by adding after the words East Thomaston in line five the word Moultrie, and by adding after the words East Thomaston in line fifteen the word Moultrie, so that said paragraph 25 of section 7 of article 3, when so amended, shall read as follows: The General Assembly of the State shall have authority to grant to the governing authorities of the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston and East Thomaston, Moultrie, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston, and East Thomaston, Moultrie, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, to pass zoning and planning laws. (See Code 1933, 2-1825.) Sec. 2. Be it further resolved, that when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the journal of each House with the ayes and nays thereon, and the same shall be published in one or more newspapers having a general circulation in each Congressional District in this State for two months previous to the time for holding the

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next general election, and shall at the next general election be submitted to the people of this State for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballot the words, For ratification of amendment to paragraph 25, section 7 of article 3 of the Constitution of the State of Georgia, authorizing the City of Moultrie to pass and enforce zoning laws, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against the amendment to paragraph 25, section 7 of article 3 of the Constitution of Georgia, authorizing the City of Moultrie to pass and enforce zoning laws; and if a majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of paragraph 25, section 7 of article 3 of the State of Georgia, and the Governor shall make a proclamation therefor as provided by law. Submission to popular vote. Form of ballot. Proclamation. Approved March 19, 1935. STATE SCHOOL SUPERINTENDENT. NO. 6. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article VIII, section II, paragraph I, of the Constitution of Georgia, providing for a State School Superintendent in lieu of the State School Commissioner, fixing the term of office of the State School Superintendent; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That article VIII, section II, paragraph I, of the Constitution of Georgia be amended by striking from

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the first line thereof the words State School Commissioner, and inserting in lieu thereof the words State School Superintendent; by inserting after the word time in the second line thereof a comma, and striking from the second and third lines thereof the words, and manner as the Governor and Statehouse officers are elected, whose term of office shall be two years, and, and inserting in lieu thereof the words, for the same term and in the same manner as the Governor, who shall hold office until his successor is elected and qualified; by striking the words State School Commissioner in the sixth and seventh lines thereof, and inserting in lieu thereof the words State School Superintendent, so that said article VIII, section II, paragraph I, of the Constitution as amended shall read as follows: (See Code 1933, 2-6701.) There shall be a State School Superintendent, elected by the people at the same time, for the same term, and in the same manner as the Governor, who shall hold office until his successor is elected and qualified. His office shall be at the seat of government, and he shall be paid a salary not to exceed two thousand dollars per annum. The General Assembly may substitute for the State School Superintendent such officer, or officers, as may be deemed necessary to perfect the system of public education. Paragraph as amended. Sec. 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election, and at the next general election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, for ratification or rejection. All persons voting at such election, voting in favor of the ratification of the amendment, shall have written or printed on their ballots, For the amendment to article VIII, section II, paragraph I, of the Constitution, providing for a State School Superintendent in lieu of the State School Commissioner, and fixing the term of office of the State School Superintendent; and all persons voting against the ratification of the amendment shall have written or printed

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on their ballots, Against the amendment to article VIII, section II, paragraph I, of the Constitution, providing for a State School Superintendent in lieu of the State School Commissioner, and fixing the term of office of the State School Superintendent. Should a majority of such qualified voters, voting at such election, vote in favor of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of article VIII, section II, paragraph I, of the Constitution of Georgia. Submission to popular vote. Form of ballot. Proclamation. Approved February 5, 1935. SUPREME COURT CASES; DELAY. No. 70. A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to article VI, section II, paragraph VI, of the Constitution of Georgia, providing for the disposition of cases in the Supreme Court where the filing is delayed by reason of the illness or death of the clerk of the trial court. Be it resolved by the General Assembly of Georgia: Section 1. That article VI, section II, paragraph VI, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: Provided, that if the transmittal of the record be unavoidably delayed by reason of the illness or death of the clerk of the trial court, or of some member of his family, so that the case has not been docketed in the Supreme Court before the close of the docket of the term to which it is by law returnable (the facts causing such unavoidable delay to be certified by the clerk in commission and by a judge of the trial court), the case shall be heard at the next term, which shall be regarded as its first term, so that said article VI, section II, paragraph VI, as amended, shall read as follows: (See Code 1933, 2-3006.) Delay in transmitting case to Supreme Court.

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Paragraph VI. Cases, how disposed of. The Supreme Court shall dispose of every case at the first or second term after such writ of error is brought; and in case the plaintiff in error shall not be prepared at the first term to prosecute the case unless prevented by providential cause, it shall be stricken from the docket, and the judgment below shall stand affirmed. Provided, that if the transmittal of the record be unavoidably delayed by reason of the illness or death of the clerk of the trial court, or of some member of his family, so that the case has not been docketed in the Supreme Court before the close of the docket of the term to which it is by law returnable (the facts causing such unavoidable delay to be certified by the clerk in commission and by a judge of the trial court), the case shall be heard at the next term, which shall be regarded as its first term. Paragraph as amended. Sec. 2. The foregoing amendment shall be published in some newspaper in each Congressional District two months before the next general election, and at the next general election shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of the ratification of the amendment shall have written or printed on their ballots the words For ratification of the amendment to article VI, section II, paragraph VI, of the Constitution, providing for the disposition of cases in the Supreme Court where the filing is delayed by reason of the illness or death of the clerk of the trial court. Those desiring to vote against the ratification of the amendment shall have written or printed on their ballots the words Against ratification of the amendment to article VI, section II, paragraph VI, of the Constitution, providing for the disposition of cases in the Supreme Court where the filing is delayed by reason of the illness or death of the clerk of the trial court. If a majority of the qualified voters qualified to vote for members of the General Assembly, voting at said election, shall vote in favor of the ratification of the amendment, the same shall become a part of article VI, section II, paragraph VI, of the Constitution of Georgia,

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and the Governor shall make proclamation thereof as provided by law. Submission to popular vote. Form of ballot. Approved March 28, 1935. TAX CLASSIFICATION AND LIMITATION. NO. 56. A RESOLUTION. An Act to propose to the qualified voters of the State of Georgia an amendment to paragraph one (1), section two (2) of article seven (7) of the Constitution of the State of Georgia, so as to authorize the General Assembly to fix limitations upon the amount of taxes which may be levied upon properties in this State for the purpose of the State, the counties, the municipalities, and the other governmental subdivisions; and to classify properties; and to levy and collect taxes and distribute the same to the State, the counties, the municipalities, and the other governmental subdivisions; and for other 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 paragraph one (1) of section two (2) of article seven (7) of the Constitution of the State of Georgia be and the same is hereby stricken from the Constitution, and the following is substituted therefor: (See Code 1933, 2-3006.) All taxes shall be levied and collected under general laws for public purposes only. All taxation shall be uniform upon the same class of property subject to tax within the territorial limits of the authority levying the tax. Taxes. Property which is subject to tax shall be divided into two (2) classes, to wit: Intangible property and tangible property. Classification, intangible and tangible property. Intangible property shall consist of money, notes, accounts, stocks, bonds, and all other rights of action, and/or representative of value, but shall not include corporate franchises. Intangible defined.

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Tangible properties shall include corporate franchises and all other classes of property not embraced in the said definition of intangible properties. Tangible defined. No tax in excess of five (5) mills on each dollar of the assessed value of such intangible properties shall be levied for all purposes of the State, the counties, the municipalities, and the other governmental subdivisions of the State. Tax limits. No tax shall be levied on the tangible property by this State or any governmental subdivision thereof, except as follows: 1. No tax in excess of five (5) mills on each dollar of the assessed value of tangible properties shall be levied by the counties of this State for all county purposes. 2. No tax in excess of five (5) mills on each dollar of the assessed value of tangible properties shall be levied for school purposes. 3. No tax in excess of five (5) mills on each dollar of the assessed value of tangible properties shall be levied by a municipality of this State for all municipal purposes. The General Assembly from time to time may provide the method of returning, assessing, levying, and collecting all taxes, and may apportion the same to the State and the governmental subdivisions thereof in accordance with the provisions of this section. Authority to provide methods of returning, etc. Provided, that such property shall continue to be subject to taxation for the payment of the principal and interest of any legal indebtedness of the State and/or any political subdivisions thereof, existing as of January 1, 1936, and such bonded indebtedness as may be hereafter legally created and validated. Proviso as to taxes to pay indebtedness. Provided further, that nothing herein shall be construed to restrict or abridge the right of the General Assembly to assess and/or levy any form of taxes for governmental

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purposes, but the General Assembly is specifically authorized to assess and levy such forms of taxes as it may seem proper not in conflict herewith. Proviso as to Construction of this amendment Sec. 2. Be it further enacted by the authority aforesaid, that when this amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House with the yeas and nays thereon, and shall be published in one or more newspapers in each Congressional District in the State for two months previous to the time for holding the next general election, and at the next general election shall be submitted to the people for ratification. All persons voting at said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to paragraph one (1), section two (2), article seven (7) of the Constitution, classifying properties for purposes of taxation and fixing limitations upon the amount of taxes which may be levied upon properties in this State for the purposes of the State, the counties, the municipalities, and the other governmental subdivisions, and providing for the levying, collection, and distribution of taxes to the State, the counties, the municipalities and the other governmental subdivisions; and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to paragraph one (1), section two (2), article seven (7) of the Constitution, classifying properties for purposes of taxation and fixing limitations upon the amount of taxes which may be levied upon properties in this State for the purposes of the State, the counties, the municipalities, and the other governmental subdivisions, and providing for the levying, collection, and distribution of taxes to the State, the counties, the municipalities and the other governmental subdivisions; and if the majority of the electors qualified to vote for members of the General Assembly voting thereon shall vote for ratification thereof, when the returns shall be consolidated

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as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the result by publication of the results of said election by one insertion in one of the daily papers of this State, declaring the amendment ratified. Submission to popular vote. Form of ballot. Proclamation. Sec. 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 28, 1935. TERMS OF CONSTITUTIONAL OFFICERS. No. 5. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to article V, section I, paragraph II, of the Constitution of Georgia, changing the terms of office of the Governor and other constitutional State officers, fixing the salary of the Governor, and making him ineligible to re-election for four years; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That article V, section I, paragraph II, of the Constitution of Georgia be and the same is hereby amended by striking the word two in the first sentence thereof, and inserting in lieu thereof the word four; by striking from the third and fourth lines of said paragraph the words after the expiration of a second term; by striking from the fifth line of said paragraph the words three thousand, and inserting in lieu thereof the words seven thousand five hundred; by striking the last sentence of said paragraph; by adding at the end of said paragraph the following: The State officers required by this Constitution to be elected at the same time, for the same

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term, and in the same manner as the Governor shall also hold office for four years. The Governor and such other constitutional officers, elected at the general election in 1936, shall serve for four years; so that said article V, section I, paragraph II, of the Constitution, as amended, shall read as follows: The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. He shall not be eligible to re-election for the period of four years. He shall have a salary of seven thousand five hundred dollars per annum (until otherwise provided by a law passed by a two-thirds vote of both branches of the General Assembly), which shall not be increased or diminished during the period for which he shall have been elected; nor shall he receive, within that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers required by this Constitution to be elected at the same time, for the same term, and in the same manner as the Governor shall also hold office for four years. The Governor and such other constitutional officers, elected at the general election in 1936, shall hold office for four years. (see Code 1933, 2-2602.) 4-year terms for Governor and State officers. $7,500 salary for Governor. Sec. 2. The foregoing amendment shall be published in one or more newspapers in each Congressional District for two months preceding the time of holding the next general election, and at the next general election shall be submitted to the qualified voters of the State, qualified to vote for members of the General Assembly, for ratification or rejection. All persons voting at such election, voting in favor of the ratification of the amendment, shall have written or printed on their ballots, For the amendment to article V, section I, paragraph II, of the Constitution, fixing the terms of office of the Governor and other constitutional officers at four years, and fixing the salary of the Governor and making him ineligible to re-election for four years; and all persons voting against the ratification of the amendment shall have written or printed

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on their ballots, Against the amendment to article V, section I, paragraph II, of the Constitution, fixing the terms of office of the Governor and other constitutional officers at four years, and fixing the salary of the Governor and making him ineligible to re-election for four years. Should a majority of such qualified voters, voting at such election, vote in favor of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of article V, section I, paragraph II of the Constitution of Georgia. Submission to popular vote. Form of ballot. Proclamation. Approved February 5, 1935.

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TITLE II. MISCELLANEOUS. RESOLUTIONS. Alexander H. Stephens Highway. Andrew Jackson Highway. Andersonville Electrical Service. Battlefield Memorial and Park. Cedarhaw School-District Bonds. Code of 1933 to McDuffie County. Crisp Military Highway. Flag Allegiance. Emory University, Journals Loaned To. General Assembly Members' Mileage. General Assembly Session. Great Seal of the State. Law Books to Bartow County. Law Books to Chattooga County. Law Books to Cobb County. Law Books to Colquitt County. Law Books to Cook County. Law Books to Emanuel County. Law Books to Fannin County. Law Books to General Assembly. Law Books to Gilmer County. Law Books to Glascock County. Law Books to Hancock County. Law Books to Johnson County. Law Books to Oglethorpe County. Law Books to Sumter County. Law Books to Telfair County. Law Books to Thomas County. Law Books to Walker County. Law Books to Warren County. Oglethorpe Highway. Officers' Suspension and Removal. Paving at Georgia Southwestern College. Paving at University System Units. Paving at West Georgia College. Pension Appropriation to Mrs. Beasley. Pulaski Memorial Day. Relief Information Committee. Roman Catholic Society Conveyance. Savannah River Development. Sidney Lanier for Hall of Fame. Stamps, Refund of Payment For. Stribling Memorial Bridge. Surety Allen Relieved. Surety Bland Relieved. Sureties Brock and Bryant Relieved. Surety Cook Relieved. Surety Dixon Relieved. Surety Fuller Relieved. Surety Green Relieved. Surety Jones Relieved. Surety Mathis Relieved. Surety Middlebrooks Relieved. Surety Pangle Relieved. Surety Randall Relieved. Sureties Russell and Kilgore Relieved. Surety Tallant Relieved. Surety Taylor Relieved. Surety Thomas Relieved. Surety Varner Relieved. Surety Varner Relieved. Tax-Collector and Sureties Relieved. Tax-Payments, Refund Of. Teacher's Oath of Allegiance. Telfair Sheriff's and Tax-Collector's Bonds; Payment of Premium. Tennessee-Columbus Military Highway.

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ALEXANDER H. STEPHENS HIGHWAY. NO. 14. A RESOLUTION. Designating and naming State Highway Route No. 12 the Alexander H. Stephens Highway. Whereas Alexander H. Stephens was loved, honored, and revered not only throughout this State, but throughout the entire nation, as well as throughout the nations of the world, as a statesman and a patriot, and as one possessing the highest virtues of intellect and heart; and whereas his home is located in the City of Crawfordville where it is maintained as a shrine to his immortal memory; and whereas his memory has first place in the love and affection of the people of this State, and particularly of those in the section of the State in which he was born and reared and which is traversed by State Highway Route No. 12, which runs from the City of Atlanta to the City of Augusta, passing through the cities of Conyers, Covington, Madison, Greensboro, Crawfordville, and Thomson: Route No. 12, designated as Alexander H. Stephens Highway. Therefore be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that State Highway Route No. 12 be and the same is hereby named and designated the Alexander H. Stephens Highway. Approved March 15, 1935. ANDREW JACKSON HIGHWAY. NO. 75. A RESOLUTION. Whereas, in his march to Florida during the Seminole Indian Wars, General Andrew Jackson substantially followed the route now followed by State Highway or Route No. 11 from Rabun Gap to the City of Lakeland, Georgia;

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and whereas it is fitting and proper that the State of Georgia make some recognition of this American patriot, who was a gallant soldier, a great statesman, and an illustrious democrat: Therefore be it resolved by the General Assembly (the Senate and House of Representatives concurring), that State Route or Highway No. 11 be and the same is hereby designated as the Andrew Jackson Highway. Route No. 11 designated as Andrew Jackson Highway. Resolved further, that the State Highway Department be and it is hereby authorized and empowered to suitably mark said highway. Approved March 28, 1935. ANDERSONVILLE ELECTRICAL SERVICE. NO. 7. A RESOLUTION. Whereas the Town of Andersonville in Sumter County, Georgia, is without electrical service for street lighting, home lighting, and power purposes; and whereas, a transmission line of the Georgia Power Company is immediately adjacent to said town, so that without any considerable expenditure electrical energy may be brought to the town; and whereas, it is reasonable, just, and proper that the Georgia Power Company, holding a franchise from the State, be required to furnish service to all citizens of the State where the same can be done at reasonable cost: Preamble. Therefore be it resolved by the General Assembly: That the Public-Service Commission of Georgia is hereby requested to institute appropriate proceedings to require the Georgia Power Company to furnish electrical service to the Town of Andersonville and the citizens thereof. To require Georgia Power Company to serve Andersonville. Approved February 16, 1935.

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BATTLEFIELD MEMORIAL AND PARK. NO. 71. A RESOLUTION. Whereas the last battle of the war between the States was fought on the hills overlooking the Chattahoochee River in Phenix City, Russell County, Alabama, April 16, 1865, in defense of Columbus, Georgia; and whereas the said battlefield is still marked by breastworks and trenches used at that time, and is a place of great natural beauty, and is a suitable place for a national park; and whereas it is a policy of the government of the United States to make and preserve places and things of interest and historical importance; and whereas, it would be fitting and proper to build on said battlefield a suitable memorial to the perpetual peace of the states of the American Union; and whereas, the creation of such a park and the erection of such a memorial would be of interest to all the people of the United States. Preamble. Now, therefore, be resolved by the Senate of the General Assembly of the State of Georgia, the House of Representatives concurring herein, that the Congress of the United States be and it is hereby requested to appropriate sufficient funds to acquire and provide a fit and proper memorial on the site of the last battle of the war between the States at Phenix City, Russell County, Alabama, and provide or create on said site a National Park. That the members of the House of Representatives from the State of Georgia and the members of the United States Senate of the State of Georgia be and they are hereby requested to actively support such legislation as may be necessary to establish and provide such memorial and national park. Congress memorialized for appropriation to create park, etc. Approved March 28, 1935.

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CEDARHAW SCHOOL-DISTRICT BONDS. No. 53. A RESOLUTION. Authorizing the State Highway Department to purchase and retire bonds of the Cedarhaw School District of the par value of $3,000.00 with unexpended funds set apart for the purchase of the State Prison Farm; and for other purposes. Whereas, by an Act approved March 24, 1931, the State Highway Board was authorized and directed to advance the sum of $200,000 to the prison Commission of Georgia to be expended for the purchase of a State Prison Farm as authorized by said Act; and whereas, in pursuance of said Act approved March 24, 1931, 6,439.81 acres of land were purchased in the Cedarhaw School District of Tattnall County; and whereas at the time of said purchase there was outstanding $8,000 of bonds issued by said Cedarhaw School District; and whereas the existence of said outstanding issue of bonds was taken into consideration in fixing the purchase price of said land and said purchase price was reduced in an amount which represented the proposed liability of the lands purchased pursuant to said Act; and whereas by virtue of the purchase of said land, the same is removed from taxation by the county and said school district for the purpose of retiring said issue of bonds; and whereas it is manifestly unfair that the State should by such purchase increase the burden of taxation upon the remaining property in said district, but it is fair that the lands purchased by the State should bear its proportionate share of the burden of discharging said bonds; and whereas the school district has, since said purchase, paid the interest on all of the outstanding bonds and the fair share of the bonds now outstanding which should be borne; and whereas said lands purchased by the State represent approximately one-third of the acreage in said Cedarhaw School District; and whereas the amount necessary to purchase said land was less than the sum appropriated by said Act of March 24,

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1931, and the sum of approximately $60,000.00 remains unexpended in the hands of the State Highway Department: Preamble. It is therefore resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to purchase, at such prices as it may be able to agree upon with the holders thereof, subject to the approval of the Governor, $3,000 of par value of the outstanding bonds of the said Cedarhaw School District. Said bonds when so purchased by the State Highway Department shall be cancelled and delivered up to the Trustees of the Cedarhaw School District as paid. Purchase of school-district bonds by Highway Department authorized. Approved March 25, 1935. CODE OF 1933 TO McDUFFIE COUNTY. No. 25. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, that a copy of the 1933 Code of Georgia be furnished for the Superior Court room of McDuffie County, and the State Librarian is hereby authorized and directed to furnish same to said county. Code for McDuffie county. Approved March 19, 1935. CRISP MILITARY HIGHWAY. No. 67. A RESOLUTION. To provide that the highways known as the U. S. Routes No. 80 and No. 280, which begin at Savannah Beach, Chatham County, on the Atlantic Ocean, thence to Savannah, McRae, Cordele, and Americus, and terminates at Columbus, connecting the greatest military reservation in the United States, Fort Benning, with the great seacoast

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fortification known as Fort Screven, Savannah Beach, shall be known and designated and maintained as the Crisp Military Highway. Be it resolved by the General Assembly of Georgia: Section 1. That the highway known as U.S. Highway No. 80 and 280 as indicated above, extending from Savannah Beach through the Cities of Savannah, McRae, Cordele, and Americus, terminating at the City of Columbus in Muscogee County, shall hereafter be known, designated, and maintained as the Crisp Military Highway. Route of Crisp Military Highway. Sec. 2. That the State Highway Board is hereby directed to so designate and maintain Federal Routes No. 80 and No. 280, herein described, as the Crisp Military Highway in conformity with the laws relating to such highways. Approved March 28, 1935. EMORY UNIVERSITY, JOURNALS LOANED TO. No. 40. A RESOLUTION. Be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized to lend for such period of time as is by law permitted to the Emory University Library the following journals, to wit: Senate Journals 1813-14-15-16, 1821 annual, 1823-24-26-27, 1890-91-92-93-94-95-96-97-98-99, 1900-01-02-03-04-05-06-07-1908 extra, 1909-12-13-14-15, 1915 extra, 1917-18-20-21, 1931 extra and 1933. House Journals 1890-92-93-94-95-98, 1900-01-02-03-04-05-06-07-08, 1908 extra, 1910-12-15-, 1915 extra, 1916-17-18-20, 1931 extra. Loan of Journals to Emory University. Approved March 22, 1935.

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FLAG ALLEGIANCE. No. 17. A RESOLUTION. Whereas it is a part of the duty of every patriotic citizen to pledge allegiance to the flag of our country, and whereas every man, woman, and child of this State owes a similar allegiance to the flag of Georgia, and whereas said State flag along with our National flag should be displayed on all public holidays and in all public schools and civic gatherings: Now be it resolved by the House with the Senate concurring, that the following be adopted as the pledge of allegiance to the State flag: I pledge allegiance to the Georgia flag and to the principles for which it stands; Wisdom, Justice, and Moderation. Pledge of allegiance to State flag. Be it further resolved, that said State flag be displayed at appropriate occasions in the public schools of this State and in all patriotic meetings, and the citizens of our State be requested to take the above allegiance to said flag. Approved March 28, 1935. GENERAL ASSEMBLY MEMBERS' MILEAGE. No. 11. A RESOLUTION. Resolved by the House of Representatives, the Senate concurring, that each member of the General Assembly is entitled to mileage at the rate of ten cents per mile for the regular session of the General Assembly in 1935, which began January 24, 1935, and for the special session which began January 14, 1935, and ended January 23, 1935. Mileage of General Assembly. Approved March 14, 1935.

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GENERAL ASSEMBLY SESSION. NO. 1. A RESOLUTION. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia reconvene in regular session at ten o'clock a. m., on Thursday, January 24th, 1935. Reconvening time for General Assembly. Approved prior to the sine die adjournment of the ten-day organization session of the General Assembly. This January 23rd, 1935. GREAT SEAL OF THE STATE. NO. 9. A RESOLUTION. Whereas the great seal of the State, in the custody of the Secretary of State, has again become so worn to the extent that it will not any longer make a clear or legible impression, and it has become necessary that a new seal be cast and engraved; and whereas it is necessary for the General Assembly to provide for the making of a new seal: therefore Preamble. Be it resolved by the General Assembly of Georgia, that the Governor and Secretary of State are hereby authorized, empowered, and directed to cause a new great seal of the State to be made, the new seal to be in every respect a facsimile of the old one which was authorized by a resolution of the General Assembly and approved by the Governor August 17, 1914. Renewal of Great Seal. Be it further resolved, that when the great seal herein provided for shall be completed and received by the Secretary of State, it shall be used in place of the present great seal in all cases requiring the use of the great seal of the State; and it shall be the duty of the Governor and Secretary of State to destroy the present great seal of the State. Present seal to be destroyed.

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Be it further resolved, that when said new seal is made and accepted by the Secretary of State, the Governor shall declare said new seal to be the great seal of the State by his executive proclamation. Proclamation. Be it further resolved, that all laws and parts of laws in conflict with this joint resolution, or any part thereof, be and the same are hereby repealed. Approved February 23, 1935. LAW BOOKS TO BARTOW COUNTY. NO. 37. A RESOLUTION. Whereas the office of the Ordinary of Bartow County has not a full set of the law books to which it is entitled under the laws of Georgia; and whereas the books missing from said office, to which it is entitled under the laws of Georgia, are as follows: Volumes Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18, 19, 20, 38, 39, 40, 109 of the Supreme Court Reports: Preamble. Supreme Court reports for Bartow County. 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 Bartow County, without cost, the law books above enumerated, for use of the Ordinary, and take the official receipt of said officer for said books upon their delivery. Approved March 22, 1935. LAW BOOKS TO CHATTOOGA COUNTY. NO. 29. A RESOLUTION. Whereas because of the fact that a portion of the reports of both the State Court of Appeals and the Supreme Court of Georgia and certain numbers of Park's Annotated Code

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and others being misplaced by natural wear and tear, lost, and destroyed otherwise: Preamble. Be it therefore resolved by the General Assembly of Georgia and it is hereby resolved by the authority of the same, that the State Librarian furnish to the Clerk of Chattooga County, Georgia, and is hereby authorized and directed to furnish to the County of Chattooga all missing volumes as aforesaid. Law reports for Chattooga County. Approved March 22, 1935. LAW BOOKS TO COBB COUNTY. NO. 35. A RESOLUTION. Authorizing and directing the State Librarian to furnish to the Ordinary's Office of Cobb County, Georgia, certain missing volumes of the States' appellate Courts. Whereas the office of the Ordinary of Cobb 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, to which said office is entitled under the laws of Georgia, due to natural wear and tear, the missing volumes of Ordinary's office of said county being as follows: Georgia Supreme Court Reports Nos. 1, 3, 4, 5, 6, 11, 12, 13, 15, 16, 17, 20, 26, 37, 53, 59, 74, 81, 102, 111, 115, 120, 134, 138, 141, 149, 156, 161, 162, 165, 166, 168, 169, and 170. Georgia Court of Appeals Reports Nos. 1, 2, 4, 8, 10, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 34, 35, 37, 38, 40, and 41. Preamble. Law reports for Cobb County. 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's Office of said county the said volumes of the Georgia Supreme Court and the Georgia Court of Appeals, without cost, for use of the office of Ordinary of Cobb County,

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and said librarian to take official receipt from said ordinary for the same upon delivery. Books for ordinary's office. Approved March 22, 1935. LAW BOOKS TO COLQUITT COUNTY. NO. 45. A RESOLUTION. Whereas, because of loss by fire and other causes beyond the control of the officials of Colquitt County, Georgia, certain volumes of the Georgia Reports, the Georgia Appeal Reports and of the Code of Georgia have become lost, misplaced, and stolen; and whereas no law books have been furnished said county for replacement purposes since the creation of said county: Preamble. Now, therefore, be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the ordinary of said county, to be by her delivered to the court officials in said county, the following Georgia Supreme Court Reports: 6, 7, 9, 10, 12, 17, 20, 21, 22, 24, 25, 26, 28, 29, 32, 33, 34, 36, 37, 39, 41, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 68, 70, 71, 72, 73, 75, 76, 77, 78, 79, 81, 83, 84, 87, 91, 92, 94, 97, 98, 106, 107, 110, 113, 114, 115, 118, 119, 122, 129, 131, 138, 141, 144, 148, 151, 152, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 179, 180, and subsequent volumes. Code and law reports for Colquitt County. Georgia Appeals Reports: 1, 2, 6, 7, 15, 16, 20, 22, 24, 25, 26, 33, 38, 39, 40, 41, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, and subsequent volumes, if any. Volumes of the Park's Annotated Code: 6, 7, 10, 11, 14, and subsequent volumes, if any. Approved March 22, 1935.

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LAW BOOKS TO COOK COUNTY. No. 51. A RESOLUTION. Whereas, because of natural wear and tear, loss and destruction, or other causes, some of the volumes of the Georgia Reports and Georgia Appeals Reports and Georgia Form Books are missing from the county library in office of ordinary, as well as from the Superior Court library in care of the clerk of court, as hereinafter enumerated: Preamble. Be it therefore resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same, that the State Librarian furnish, and she is hereby authorized and directed to furnish, to the County of Cook, without cost to said county, the following listed volumes: Books for county. Georgia Reports for ordinary's office, volumes 10, 30, 45, 147, 165, and 172. Georgia Appeals Reports for ordinary's office, volumes 20 and 39. For ordinary's office, 1 Georgia Form Book. Georgia Reports for Superior Court (clerk's office), volumes 4, 9, 10, 13, 20, 23, 25, 26, 28, 29, 30, 36, 39, 45, 65, 67, 72, 75, 84, 93, 104, 115, 120, 123, 124, 125, 129, 136, 138, 140, 145, 146, 147, 148, 149, 151, 155, 157, 158, 160, 161, 165, 168, 169, 172, and 174. Georgia Appeals Reports for Superior Court (clerk's office), volumes 1, 4, 6, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 30, 31, 33, 35, 39, 40 and 43. For Superior Court (clerk's office), 1 Georgia Form Book. Approved March 22, 1935.

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LAW BOOKS TO EMANUEL COUNTY. No. 23. A RESOLUTION. Whereas because of the fact that the court-house of Emanuel County was destroyed by fire in 1919 and that a portion of the Reports of both the State Court of Appeals and the Supreme Court of Georgia and certain numbers of Park's Annotated Code and others being misplaced by natural wear and tear, lost and destroyed otherwise: Preamble. Be it therefore resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the State Librarian furnish to the clerk of Emanuel County, Georgia, and it is hereby authorized and directed to furnish to the County of Emanuel, all missing volumes as aforesaid. Codes and reports for county. Approved March 22, 1935. LAW BOOKS TO FANNIN COUNTY. No. 39. A RESOLUTION. Whereas the office of Ordinary of Fannin County, Georgia, does not have a complete set of the Georgia Supreme Court Reports, not a complete set of the Georgia Court of Appeals Reports; and whereas, the office of the Clerk of the Superior Court of said County of Fannin does not have a complete set of the Georgia Supreme Court Reports, due to natural wear, and inadvertent loss, the missing volumes in the office of the ordinary of said county being as follows: Georgia Supreme Court Reports: Volumes Nos. 1 (containing T. U. P. Charlton, R. M. Charlton, Dudley, and Georgia Decisions), 2, 4, 6, 9, 12, 14, 16, 17, 18, 19, 21, 22, 24, 25, 28, 30, 33, 35, 36, 37, 38, 39, 41, 42, 45, 46, 47, 48, 49, 55, 56, 57, 58, 59, 60, 64, 65, 66, 67, 68, 69, 70, 71, 73, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 93, 96, 97, 99, 107, 112,

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and 150, and Volume No. 40 of the Georgia Court of Appeals Reports. The missing volumes in the office of the Clerk of Superior Court of said county being as follows: Georgia Supreme Court Reports; Volumes Nos. 1 (containing T.U.P. Charlton, R. M. Charlton, Dudley, and Georgia Decisions), 1, 2, 3, 5, 7, 8, 10, 11, 12, 13, 15, 16, 18, 19, 20, 21, 23, 26, 27, 30, 31, 34, 38, 40, 42, 44, 45, 48, 50, 52, 53, 54, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 77, 85, 86, 87, 88, 89, 92, 93, 95, 99, 101, 115, 130, and 169. Preamble. Reports for county. Therefore be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Fannin County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and the said Volume No. 40 of the Georgia Court of Appeals Reports, and to the Clerk of the Superior Court of said county, without cost, the said volumes of the Supreme Court Reports, for the use of the respective offices, and to take official receipts from said officers for the same, upon delivery. Approved March 22, 1935. LAW BOOKS TO GENERAL ASSEMBLY. No. 16. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, that the State Librarian is hereby authorized and directed to furnish to each member of the present General Assembly of Georgia the new 1933 Code of Georgia, at the actual wholesale or net cost to the State of such Code. Section 1. The State Librarian shall, upon the passage hereof by both the Senate and House of Representatives, be and the said State Librarian is hereby required, authorized, and instructed to furnish one copy each of the 1933 Code of Georgia to each member of the present General Assembly at the wholesale or net cost of such Code to the State. Codes for General Assembly members at cost.

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Sec. 2. All laws and parts of laws in conflict with the provisions of this resolution be and the same are hereby repealed. Approved March 15, 1935. LAW BOOKS TO GILMER COUNTY. NO. 36. A RESOLUTION. Whereas the office of Ordinary of Gilmer 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; and whereas the office of the Clerk of the Superior Court of said County of Gilmer 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 inadvertent loss, the missing volumes in the office of the ordinary of said county being as follows: Georgia Supreme Court Reports, Volumes Nos. 1 (containing T. U. P. Charlton, R. M. Charlton, Dudley, and Georgia Decisions), 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 35, 37, 38, 39, 41, 42, 46, 48, 51, and Volumes Nos. 16, 17, and 40 of the Georgia Court of Appeals. The missing volumes in the office of the Clerk of Superior Court of said county being as follows: Georgia Supreme Court Reports, Volumes Nos. 1 (containing T. U. P. Charlton, R. M. Charlton, Dudley, and Georgia Decisions), 1, 12, 13, 15, 19, 26, 30, 34, 46, 56, 60, 61, 64, 79, 81, 99, 128, 140, 147, 150, 170, and 171, and Volumes Nos. 15. 17, and 24 of the Georgia Court of Appeals Reports: Preamble. Books for county. Therefore be it resolved by the General Assembly of the State of Georgia, that the Georgia State Librarian be and she is hereby authorized and directed to furnish to the Ordinary of Gilmer County, Georgia, without cost, the said volumes of the Georgia Supreme Court Reports and the said volumes of the Georgia Court of Appeals Reports, and to

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the Clerk of the Superior Court of said county, without cost, the said volumes of the Supreme Court Reports, and the said volumes 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. Approved March 26, 1935. LAW BOOKS TO GLASCOCK COUNTY. NO. 41. A RESOLUTION. Whereas the reports of the Supreme Court and of Court of Appeals furnished the County of Glascock for the use of the Judge of Superior Court, the officers and members of the bar practicing before said court, have been lost, destroyed, and have 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: Preamble. Now, 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 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 Glascock 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. Books for county. 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 22, 1935.

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LAW BOOKS TO HANCOCK COUNTY. NO. 27. A RESOLUTION. Whereas because of the fact that a portion of the reports of both the State Court of Appeals and the Supreme Court of Georgia and certain numbers of Park's Annotated Code and others being misplaced by natural wear and tear, lost, and destroyed otherwise: Be it therefore resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the State Librarian furnish to the Clerk of Hancock County, Georgia, and it is hereby authorized and directed to furnish to the County of Hancock all missing volumes as aforesaid. Books for county. Approved March 22, 1927. LAW BOOKS TO JOHNSON COUNTY. NO. 34. A RESOLUTION. Whereas the office of the Clerk of the Superior Court and the office of the Ordinary of Johnson 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. 1, 2, 6, 9, 11, 12, 14, 18, 24, 25, 26, 28, 30, 31, 35, 36, 38, 39, 40, 41, 42, 43 and 44 of Georgia Appeals Reports. Volumes Nos. 3, 4, 6, 7, 9, 11, 12, 13, 15, 17, 20, 21, 45, 55, 56, 60, 61, 62, 65, 69, 73, 76, 80, 82, 86, 87, 105, 115, 117, 120, 131, 137, 138, 139, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 168, 169, 170, 171, 172, 179 of the Supreme Court Reports: Books for county. Therefore be it resolved by the General Assembly of Georgia, that the Georgia State Librarian be and she is

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hereby required and authorized and directed to furnish to Johnson County, without cost, the law books above enumerated, for the use of the Ordinary and Clerk of the Superior Court, and take the official receipt of said officer for said books upon their delivery. Approved March 22, 1935. LAW BOOKS TO OGLETHORPE COUNTY. NO. 42. A RESOLUTION. To authorize and direct the State Librarian of the State of Georgia to furnish a set of Court of Appeals Reports and a set of Supreme Court Reports to Oglethorpe County for the use of the Judges of the Superior Court and City Court of Lexington in said county, and for the Bar in said county; and for other purposes. Whereas it appears that due to the fact of constant carrying away and stealing of law books in the court-house of Oglethorpe County, said county is completely without a set of Reports of the Court of Appeals of Georgia and a set of Reports of the Supreme Court of Georgia, and Whereas the business of the Superior Court of Oglethorpe County and the City Court of Lexington in said county is seriously hampered and delayed on account of such lack of said Reports, therefore Be it resolved by the General Assembly of Georgia, that the State Librarian of the State of Georgia be and is hereby authorized and directed to furnish to Oglethorpe County, without cost, a set of Reports of the Supreme Court of the State of Georgia, and a set of Reports of the Court of Appeals of the State of Georgia for the use of the Superior Couty of Oglethorpe County, the City Court of Lexington in said county, the bar of said county, and the public in general, and take the official receipt of the Commissioner

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of Roads and Revenues of Oglethorpe County therefor. Books for county. Approved March 22, 1935. LAW BOOKS TO SUMTER COUNTY. NO. 13. A RESOLUTION. Whereas the office of the Judge of the Superior Court of Southwestern Circuit of Georgia does not have a complete set of the official reports of the Supreme Court of Georgia or a complete set of Park's Annotated Code of Georgia, because there is missing therefrom the following: Supreme Court of Georgia Reports, Volumes 1 to 7 inclusive, 9, 11, 14, 16, 18, 19, 20 to 30 inclusive, 32 to 58 inclusive, 62, 76, 77, 90, 96 to 103 inclusive, 105, 106, 108, and 112; and all volumes of Park's Annotated Code of Georgia subsequent to Volume 14; and Whereas the office of Clerk of the Superior Court of Sumter County, Georgia, and the City Court of Americus, Georgia, does not have a complete set of the official reports of the Supreme Court of Georgia or a complete set of Park's Annotated Code of Georgia, because there is missing therefrom the following: Supreme Court of Georgia Reports, Volumes 90, 96, 117, 148, 151, and 169; and Park's Annotated Code of Georgia, Volumes 1, 3, 4, 5, 7, 8, 10, 13, and all volumes thereof subsequent to Volume 14: Books for county. Therefore be it resolved by the General Assembly of Georgia, and it is hereby resolved by said authority, that the Librarian of the State of Georgia be and is hereby authorized and directed to furnish and supply without cost the aforesaid missing volumes of the official reports of the Supreme Court of Georgia and Park's Annotated Code of Georgia to said two offices and take receipts of the incumbents of said two offices therefor upon delivery thereof. Approved March 15, 1935.

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LAW BOOKS TO TELFAIR COUNTY. NO. 18. A RESOLUTION. Whereas a fire recently destroyed the court-house of Telfair County, this State, and at the same time destroyed the libraries of the Clerk and Ordinary and so damaged the books as to make their use impracticable, leaving the courts without the Code or the Reports of the Appellate Courts, to which said county is entitled under the laws of Georgia: 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 said Telfair County, without cost to it, the most recent Code of Georgia and a full and complete set of the reports of the Court of Appeals and of the Supreme Court of this State, the same to be delivered to the Clerk of the Superior Court of said county and the receipt of such clerk taken therefor. Books for county. Approved March 15, 1935. LAW BOOKS TO THOMAS COUNTY. NO. 46. A RESOLUTION. Whereas, because of the fact that it has been many years since some of the volumes of the Supreme Court Reports of Georgia and the Court of Appeals Reports of Georgia have been furnished to the Clerk of the Superior Court of Thomas County, for the use of the Judges of the Southern Circuit, and due to the natural wear and tear, and loss, or destruction, several of the volumes of such reports are missing and not available to such Judges:

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Be it therefore resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the State Librarian furnish to the Clerk of the Superior Court of Thomas County, Thomasville, Georgia, and is hereby authorized and directed to so furnish the following volumes of the Georgia Reports: 1, 2, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 34, 35, 36, 37, 38, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 53, 55, 56, 58, 59, 60, 62, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 76, 77, 78, 79, 80, 82, 83, 87, 90, 92, 94, 96, 100, 108, 111, 112, 113, 119, 122, 134, 141, 143 to 148, 156, 165, and the following volumes of the Georgia Appeals Reports: 15, 17, 23, 24, 28, and 29. Books for county. Approved March 22, 1935. LAW BOOKS TO WALKER COUNTY. NO. 38. A RESOLUTION. Whereas because of the fact that a portion of the Reports of both the State Court of Appeals and the Supreme Court of Georgia and certain numbers of Park's Annotated Code and others being misplaced by natural wear and tear, lost, and destroyed otherwise, Be it therefore resolved by the General Assembly of Georgia, and it is hereby resolved by the authority of the same, that the State Librarian furnish to the Clerk of Walker County, Georgia, and it is hereby authorized and directed to furnish to the County of Walker all missing volumes as aforesaid. Books for county. Approved March 22, 1935.

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LAW BOOKS TO WARREN COUNTY. No. 43. A RESOLUTION. Whereas the Reports of the Supreme Court and of the Court of Appeals, furnished the County of Warren 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 have 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. Now, 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 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 commissioner of Roads and Revenue of Warren 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. Books for county. Likewise, be it further resolved that the said State Librarian be further authorized, instructed, and directed to furnish to said commissioner 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 22, 1935. OGLETHORPE HIGHWAY. No. 57. A RESOLUTION. Whereas the highway known and designated on the highway map of Georgia as Route 38 begins at Savannah, Georgia, one of the principal seaports of the southeast, and

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the city founded by James Edward Oglethorpe, the founder of Georgia and the first Colonial Governor of the same; and whereas said highway traverses much territory made hallowed by the early settlers of Georgia and spans the Altamaha River, which for more than a century furnished an almost impassable barrier between two great sections of country; and whereas the said Route 38 links the great seaport at Savannah and its outlying historical shrines with the county-seats of Hinesville, Ludowici, Jesup, Blackshear, Waycross. Homerville, Valdosta, Quitman, Cairo, Bainbridge, and Donalsonville; and whereas this same Route 38 furnishes the main artery of travel between Georgia's principal seaport and the territory stretching westward to the Alabama line; and whereas the said Route 38 was appropriately named Oglethorpe Highway, before its completion, by the late Rev. W. A. Brooks, then a pastor at Jesup, Georgia: Therefore Preamble. Route of Oglethorpe Highway. Be it resolved by the House of Representatives, the Senate concurring, that the said Route 38 should be and the same is hereby officially designated on the highway map of Georgia as Oglethorpe Highway, in memory of the life and philanthropic service of James Edward Oglethorpe, founder and first Colonial Governor of Georgia. Approved March 28, 1935. OFFICERS' SUSPENSION AND REMOVAL. No. 2. A RESOLUTION. Whereas his Excellency, Eugene Talmadge, Governor, did by executive order, on July 21, 1933, suspend from office, as members of the Georgia Public Service Commission, James A. Perry, A. J. Woodruff, Perry T. Knight, Jule W. Felton, and Walter R. McDonald; and whereas his Excellency, Eugene Talmadge, Governor, did on December 1, 1933, by executive order, suspend from office A. J. Woodruff;

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and whereas the Governor has reported the fact of such suspensions and his reasons therefor, in writing, to this session of the General Assembly: Therefore be it resolved by the General Assembly of Georgia, upon consideration of said reports, a majority of both houses concurring, that the action of the Governor in suspending said commissioners by said executive orders of July 21, 1933, and December 1, 1933, be and the same is hereby approved, and that the said James A. Perry, A. J. Woodruff, Perry T. Knight, Jule W. Felton, and Walter R. McDonald be and each of them are hereby removed from office, and the terms of office of each of said commissioners, including the term of A. J. Woodruff, beginning December 1, 1933, are hereby declared to be expired, as provided by law. Preamble. Approval of suspension and removal of Public Service Commissioners. Approved February 1, 1935. PAVING AT GEORGIA SOUTHWESTERN COLLEGE. NO. 15. A RESOLUTION. Whereas the State of Georgia is the owner in fee simple of some two hundred or more acres of land and the building and improvements thereon, constituting the campus site, dormitories and school buildings of the Georgia Southwestern College, located in Americus and Sumter County, Georgia, just south of the city limits of Americus, and constituting part of the University System of Georgia; and whereas the buildings and improvements on said property belonging to the State of Georgia, the cost of the construction of which was contributed by persons within the territory being served by said school other than some small sums appropriated by the State, are worth more than $100,000.00 and whereas the streets and highways leading to said property are a part of what is known as Wheatley Street, which leads south to said property from State Highway

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No. 30, Federal Aid Road No. 280, through the campus of said property, and on in a slightly southwesterly direction on the south side of the City of Americus; and whereas there is no paved street or paved sidewalks from State Aid Road No. 30, which is the nearest road to said property, and several hundred students, now attending said college, many walking, many coming in private automobiles and many more in school buses, are forced in wet weather to travel over muddy, wet roads for one or more miles to reach the college property: Preamable. 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 at the end of the paying on Taylor Street, thence east to Reese Park; thence south along the west side of Reese Park; thence east along the south side of Reese Park; thence southeast along Felder Street to Wheatley, a total distance of approximately.6 mile, all of which is along State Route No. 30; thence in a southerly direction along Wheatley Drive a distance of approximately.6 mile to and across the front of Georgia Southwestern College; thence west along Glessner Street a distance of approximately.5 mile to the paving on South Lee Street Road, a county highway, a total distance of approximately 1.7 miles, with such type of pavement and construction as in the judgment of the State Highway Department is deemed advisable, the cost of same to be paid out of the revenue of the State Highway Department. The road above described is hereby added to the State-aid Road System in addition to all other road mileage now authorized by law. Paving at college directed. Approved March 15, 1935. PAVING AT UNIVERSITY SYSTEM UNITS. NO. 66. A RESOLUTION. To authorize and empower the State Highway Department to make a survey of roads and drives on campuses

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of institutions comprising the University System of Georgia: to determine which of said roads and drives should be paved; to pave the same and pay the cost thereof out of the revenue of the Highway Department. Whereas the State of Georgia is the owner of the land and buildings of the following institutions which are units of the University System of Georgia: Preamble. West Georgia College, Carrollton. North Georgia College, Dahlonega. Georgia Southwestern College, Americus. Georgia Normal and Agricultural College, Albany. Abraham Baldwin College, Tifton. South Georgia College, Douglas. South Georgia Women's College, Valdosta. Georgia State Industrial College, Savannah. South Georgia Teachers' College, Statesboro. Middle Georgia College, Cochran. Georgia State College for Women, Milledgeville. University of Georgia, Athens. Georgia School of Technology, Atlanta. Augusta Medical College, Augusta. Institutions at which paying directed. And Whereas the plants and land of said institutions constitute a property value belonging to the State of approximately $4,000,000; and whereas, these institutions have an average attendance of more than eight thousand students and are visited annually by many thousands of the citizens of this State: and whereas, some of the roads and drives on the campuses of certain of the above-named institutions have been paved by the State Highway Department at public expenses, but no pavement has been laid on any of the roads and drives at other institutions: and whereas: citizens of the State are greatly inconvenienced in their use and enjoyment of the State's property at the institutions named by reason of the poor road facilities at some or all of said institutions: and whereas all of the above named institutions are located on sites adjacent to or near highways maintained by the Highway Department of Georgia:

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Therefore be it resolved, that the Highway Department of Georgia is hereby authorized and empowered to make a survey of the campus of each of the above named institutions, and, after consultation with the executive heads of the respective institutions, to determine what roads and drives on each of the campuses should, in the interest of public convenience, be paved. The survey and determination of roads to be paved shall be made as soon as practicable after adoption of this resolution. The State Highway Department is further authorized and empowered, as soon as such determination shall have been made, to pave such roads and drives with such type of pavement and construction as in the judgment of the Highway Department is deemed advisable, the cost to be paid out of the revenue of the Highway Department. Approved March 28, 1935. PAVING AT WEST GEORGIA COLLEGE. NO. 44. A RESOLUTION. Whereas the State of Georgia is the owner in fee simple of two hundred and seventy-five (275) acres of land and buildings and improvements thereon, constituting the plant and campus site of what is known as the West Georgia College at Carrollton, Carroll County, Georgia, and which is located just outside of and near to the city limits of Carrollton, and on what is known as the Bankhead Highway, State Route No. 8, extending west to the State line and on to Heflin, Alabama; and whereas the said buildings and plant were constructed and located on grounds historically significant in the history of Carrollton and on the old Carrollton and Bowdon road reaching back, in point of time, into the early history of the county, now the said State Route No. 8, partly paved; and whereas in the near future work is to be begun on the construction and improvements of buildings, consisting of a dininghall,

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dormitory, and faculty apartment, involving several thousands of dollars made possible by Federal aid, all buildings and improvements situated on a driveway connecting at either end with said Bankhead Highway; and whereas the State of Georgia now has a valuable plant in said institution, which has come to the State at very little cost, except the annual maintenance fund, and as the present attendance is capacity attendance of three hundred (300) fine west Georgia youth, young men and women; and whereas said paving will greatly improve the college property, making it more attractive and accessible, relieving the college of dust in dry weather and mud in rainy weather, and as the distance is only 2200 feet, the driveway connecting at either end with the said Bankhead Highway, State Route No. 8: Therefore be it resolved by the General Assembly of Georgia, that the State Highway Department be and the same is hereby authorized and requested to pave the said section of driveway through the campus of West Georgia College, connecting with the Bankhead Highway at either end for the distance aforesaid, as shown by attached blueprint, with such type of paving and construction as in the judgment of said Highway Department may deem advisable. Paving to West Georgia College directed. Approved March 22, 1935. PENSION APPROPRIATION TO MRS. BEASLEY. NO. 52. A RESOLUTION. Appropriating the sum of $1,200.00 for pension to Mrs. Eliza L. Beasley. Whereas Mrs. Eliza L. Beasley applied, in the year 1919, for pension as the widow of Dr. James A. Beasley, which was at that time denied because, as was alleged, of insufficiency of proof; and

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Whereas afterwards, in the year 1925, it was found and adjudged that Mrs. Beasley's proofs were sufficient and complied with the law, and that she was entitled to a pension; and Whereas she has regularly drawn the pension ever since, but has failed to get the pension of $200.00 a year to which she was entitled for the years 1919 to 1924, inclusive, a period of six years, the same aggregating $1200.00; and Whereas it is apparent that Mrs. Beasley was entitled to said pension and has never received the same: now therefore: Section 1. Be it resolved and it is hereby resolved by the General Assembly of Georgia, that the said Mrs. Eliza L. Beasley was and is entitled to be paid the sum of $200.00 per year for the six years indicated above, the evidence whereof is all of file in the pension office, and that her name is hereby directed to be put on the pension roll, and that the back pension of $1200.00 be paid. Pension for Mrs. J. A. Beasley. Sec. 2. Be it further resolved, that the sum of $1200.00 be and the same is hereby appropriated out of the funds of the treasury to be paid to the said Mrs. Beasley. Approved March 21, 1935. PULASKI MEMORIAL DAY. NO. 24. JOINT RESOLUTION. Directing the Governor to proclaim October 11th of each year General Pulaski's Memorial Day, for the observance and commemoration of the death of Brigadier-General Casimir Pulaski. Oct. 11 annually to be Gen. Pulaski's Memorial Day. Whereas the 11th day of October, 1779, is the date in American history of the heroic death of Brigadier-General Casimir Pulaski, who died from wounds received on October 9, 1779, at the siege of Savannah, Georgia; and

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Whereas the States of Indiana, Wisconsin, Michigan, Ohio, Arkansas, Missouri, West Virginia, Tennessee, Texas, Delaware, Pennsylvania, New York, Minnesota, Maryland, Illinois, New Hampshire, Nebraska, Louisiana, Massachusetts, New Jersey, Kentucky, South Carolina, Connecticut, California, Nevada, and other States of the Union have by legislative enactment designated October 11 of each year to be General Pulaski's Memorial Day; and whereas it is fitting that the recurring anniversary of this day be commemorated with suitable patriotic and public exercises in observing and commemorating the death of this great American hero of the Revolutionary War: Therefore be it resolved by the General Assembly of the State of Georgia that the Governor of the State of Georgia is authorized and directed to issue a proclamation calling upon officials of the Government to display the flag of the United States on all governmental buildings on October 11th of each year, and inviting the people of the State of Georgia to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the death of General Casimir Pulaski. Flag display, exercises. Approved March 19, 1935. RELIEF INFORMATION COMMITTEE. No. 8. A RESOLUTION. Whereas Congress is considering certain relief measures for the purpose of relieving the distressed condition of our people in the present emergency; and whereas there are certain bills pending in Congress designed to relieve unemployment and provide for other needs of our people; and whereas such measures will affect this State: Preamble.

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Be it resolved by the Senate, the House concurring, that a committee of five (5) be appointed to go to Washington and secure information in regard to bills pending in Congress as well as the operation of organizations furnishing relief to the people of this State, two (2) members of such committee to be appointed by the President of the Senate from the members of such Senate, and three (3) members to be appointed by the Speaker of the House from the members of the House. The committee shall not draw any compensation, but the actual expenses of the members of such committee in performance of their duties in pursuance with this resolution shall be paid. Committee for obtaining information as to relief measures. Be it further resolved, that said committee is empowered to investigate the need of relief in this State and of organizations, persons, corporations or individuals providing such relief at this time, and to submit a report to the General Assembly as soon as practical of its finding. The committee is empowered to subpoena witnesses and compel such witnesses to testify under oath, and to do all things necessary in carrying out the intent and purpose of this resolution. Approved February 15, 1935. ROMAN CATHOLIC SOCIETY CONVEYANCE. No. 10. A RESOLUTION. Whereas the State of Georgia heretofore, by an Act of the General Assembly, approved December 10, 1811, authorized and empowered the Trustees of the Richmond Academy, a corporation of Richmond County, Georgia, to convey to the Trustees of the Roman Catholic Society in the City of Augusta, a corporation of Richmond County, Georgia, and its successors in office, all that lot of land in the City of Augusta, County of Richmond, and State of Georgia, situate, lying and being in the City of Augusta,

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bounded on the north by Telfair Street; on the east by McIntosh Street; on the south by Walker Street; and on the west by Jackson Street; the said lot to be vested in said Trustees and its successors in office, as a site whereon to erect their church or house or worship, and for no other purpose whatsoever; Preamble. Whereas the Trustees of the Richmond Academy, by deed dated the 16th day of April, 1812, and duly recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, did, pursuant to said authorization, convey to James Toole, Bernard Bignon, Francis Bouyer, James B. Lafitte and John Cormack, and their successors in office, Trustees of the Roman Catholic Society in the City of Augusta, the tract of land aforedescribed, the said deed reciting that the said lot was to be vested in the trustees and its successors in office, as a site whereon to erect its church or house of worship and for no other purpose whatsoever; Whereas the said Trustees of the Roman Catholic Society in the City of Augusta did thereupon enter into the possession of the said lot of land and has ever since continuously held and now holds the same for said church purpose; Whereas the provisions of the said Act, and in the said deed, stipulating that the said lot of land shall be vested in the said grantee as a site whereon to erect its church or house of worship and for no other purpose whatsoever, is not a limitation upon the title, but sets out a condition or contract from which the said grantee in said deed desires to be relieved, so that it may dispose of the said land or any portion thereof, in fee simple, freed and relieved of any such contract or condition; Whereas the said Trustees of the Roman Catholic Society in the City of Augusta, a corporation as aforesaid, is willing to pay to the State of Georgia one hundred dollars ($100.00) for relief from the said contractual obligation and the said condition imposed in and by the said deed, with the under-standing

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that the proceeds of the sale of the said property or any part thereof shall always be used in their entirety for church purposes; And whereas the original purpose of the conveyance of this land can best be conserved by granting the said relief and by confirming unto the Trustees of the Roman Catholic Society in the City of Augusta and its successors the said land in fee simple, without any limitation or condition whatsoever; now, therefore: Be it resolved by the Senate, the House of Representatives concurring, that the Trustees of Richmond Academy, at times known as the Trustees of the Academy of Richmond County, a corporation under the laws of Georgia, with its principal office in Augusta, Georgia, be and is hereby authorized and empowered to make, execute, and deliver to the Trustees of the Roman Catholic Society in the City of Augusta, a corporation of Richmond County, Georgia, and its successors, a deed of conveyance whereby, in consideration of one hundred dollars ($100.00), there shall be conveyed to the said Trustees of the Roman Catholic Society in the City of Augusta, and its successors, all and every reversionary interest that the State of Georgia and the Trustees of the Richmond Academy, have or may thereafter have in and to the lot of land hereinbefore described, and to confirm to the said grantee the said lot of land in fee simple, without any limitation or condition whatsoever, the one hundred dollars ($100.00) to be paid to the Trustees of the Richmond Academy to be forthwith paid by it into the Treasury of the State of Georgia. Conveyance authorized. Approved March 9, 1935. SAVANNAH RIVER DEVELOPMENT. No. 19. A RESOLUTION. Whereas the United States Government, under the leadership of President Franklin D. Roosevelt, has embarked upon a great and ambitious program of improvement of

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our national resources, the building of highways, restoration of depleted forests, the development of rivers and harbors, and other great projects for the hastening of national business recovery and the lasting benefit to our people; and Preamble. Whereas the president is about to select certain great rivers in this country for a program of intensive development that will aid in the problems of flood, control, navigation, reforestration, and the prevention of further soil erosion; and Whereas the Savannah river, with a watershed that covers great areas in the States of Georgia and South Carolina, and which extends into a large section of western North Carolina, is one of the most important rivers in America, and is one which lends itself readily to the President's program: Therefore be it resolved by the General Assembly of the State of Georgia in regular biennial session, this 11th day of February, 1935, does hereby urge upon the President the inclusion of the Savannah river in his gigantic program of internal development, and pledges its hearty co-operation for the successful completion of a project which is vitally needed in the industrial progress of the Southeast. President urged to include Savannah river in scheme of development. Approved March 15, 1935. SIDNEY LANIER FOR HALL OF FAME. No. 20. A RESOLUTION. Whereas Sidney Lanier, poet, musician, soldier, critic, and scholar, was born at Macon, Georgia, February 3, 1842, the son of Robert S. and Mary Anderson Lanier, and grew to young manhood, and was educated in his native State of Georgia; and whereas, before his death on September 7, 1881, at Lynn, Pope County, North Carolina, he wrought

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for himself by his poems of matchless beauty and by his artistry as a musician and a master of the flute an imperishable name in the field of art and culture, bringing abundant fame to himself and glory to Georgia, his native State; and whereas the said Sidney Lanier, in poems of indescribable beauty and music, has immortalized the resplendent grandeur of Georgia, Preamble. Of the dim sweet woods, of the dear dark woods, Of the heavenly woods and glades, That run to the radiant marginal sand-beach within The wide sea-marshes of Glynn; and the Deep shades of the hills of Habersham, These glades in the valleys of Hall, And whereas critics have said of him, He had more than Milton's love for music. He sung like a bard to the accompaniment of a harp. He lived in sweet sound; forever conscious of a ceaseless flow of melody which, if resisted for a while by business occupations, would swell again in a natural current which would break at his bidding into audible music, and that The symphonic sweep of his rhythms attain a height which no other American poet can match and that the most beautiful line in all poetry is to be found in his famous `Marshes of Glynn,' and of his talents as a musician, In his hands the flute no longer remained a mere material instrument, but was transformed into a voice that set heavenly harmonies into vibration. Its tones developed colors, warmth, and a low sweetness of unspeakable poetry; and whereas Sidney Lanier is fittingly recognized as one of the preeminent American poets: Be it therefore resolved by the General Assembly of Georgia: That this body does respectfully petition that the College of Electors of the Hall of Fame of the State of New York do nominate and elect to said Hall of Fame Sidney Lanier, by virtue of his outstanding attainments in literature and his recognition as an immortal in the field of music and poetry, and that the said College of Electors do direct

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the Director, the Honorable Robert Underwood Johnson, of said Hall of Fame, to place in said Hall of Fame an appropriate bust or statue of the said Sidney Lanier of Georgia. Be it further resolved and ordered, that the Clerk of the House of Representatives be authorized and directed to forward to the said Director of the Hall of Fame of the State of New York a copy of this resolution, showing the action of the General Assembly thereon. Petition to College of Electors of N. Y. Hall of Fame. Approved March 19, 1935. STAMPS, REFUND OF PAYMENT FOR. No. 58. A RESOLUTION. Providing for the refund of $157.50 to the Bank of Gray, Gray, Georgia, on account of peach stamps purchased under the Act of 1927 regulating the grading and marking of peaches and apples. Whereas, pursuant to the Act of the General Assembly of 1927, regulating the grading and marking of peaches and apples, authorizing the Commissioner of Agriculture to establish and promulgate official grades and requiring the payment of certain inspection fees, the Bank of Gray, Georgia, in order to assist in the enforcement of said Act purchased from the Commissioner of Agriculture sixty-three adhesive stamps of the denomination of $2.50 each and of the aggregate value of $157.50, paying the Commissioner of Agriculture said sum of $157.50 therefor, which stamps were never used or sold by said bank and were never cancelled or employed as provided by said Act; and whereas, said Act of 1927 has been repealed and is no longer of force and there is no fund available out of which said sum may be refunded to the holder of said stamps; and whereas said sum so paid by the Bank of Gray was used by the State as provided by law; and whereas it is inequitable and unjust that the State should retain said sum of money: Preamble.

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Therefore be it resolved by the General Assembly of Georgia, that upon the surrender of said stamps and the cancellation thereof the Governor shall draw his warrant on the treasury for said sum of $157.50, and said sum shall be paid to said Bank of Gray out of any funds in the treasury available for that purpose. Refund of money paid for peach stamps. Approved March 28, 1935. STRIBLING MEMORIAL BRIDGE. No. 22. A RESOLUTION. Whereas the late lamented William Lawrence (Young) Stribling was born and reared in Georgia; and whereas, in his career as a professional boxer, as an accomplished aviator, as a loving father, and as a useful citizen of this State, Young Stribling brought honor not only to himself but to his family and to his native State by his clean life and sportsmanship, and by his fine traits of character; and whereas Young Stribling did for many years before his death reside in the City of Macon, and at his death left a widow who is a native of said city; and Preamble. Whereas there is now in the City of Macon a certain bridge across the Ocmulgee River, over which bridge the said Young Stribling did for years travel in going to school as a boy and in going to and from the fields of conquest in the sporting world. Be it therefore resolved by the House of Representatives of Georgia, the Senate concurring herein, that the bridge which spans the Ocmulgee River at Spring Street in the City of Macon, Bibb County, Georgia, be and the same is hereby designated and is to be hereafter known as the W. L. (Young) Stribling Memorial Bridge, in honor and in lasting memory of this noble son of Georgia. Bridge to be called Stribling Memorial Bridge.

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SURETY ALLEN RELIEVED. No. 63. A RESOLUTION. Whereas C. S. Allen, of Elbert County, State of Georgia, on October 4, 1929, became surety on a bond of Allen Biggs, alias Shang Stark, charged with a misdemeanor in the City Court of Elberton, Elbert County, Georgia; and whereas the said Allen Biggs, alias Shang Stark, failed to appear when his case was called, and his bond was forfeited, and rule nisi issued at the August, 1930, term of said court, and a rule absolute was issued against said principal and C. S. Allen as surety at the November term, 1930, of said court for the sum of one hundred ($100.00) dollars, the amount of said bond; and whereas, after said bond was forfeited and judgment entered thereon, said Allen Biggs, alias Shang Stark, was apprehended and delivered to the sheriff of the City Court of Elberton by his said principal, and in said court entered a plea of guilty, and was duly sentenced: Preamble. Now, therefore, be it resolved by the House of Representatives and Senate concurring, that the said C. S. Allen, surety as aforesaid, be relieved from payment of said bond of one hundred dollars, and that the clerk of the City Court of Elberton is hereby authorized and instructed to enter the execution on said rule absolute cancelled and satisfied of record; provided however that said C. S. Allen shall have first paid all costs in forfeiting said bond. Relief from forfeiture of bond. Approved March 26, 1935. SURETY BLAND RELIEVED. No. 62. A RESOLUTION. Whereas Frank Bland procured his mother, Mrs. F. M. Bland, to become surety for him on two certain appearance bonds in the penal sum of two hundred ($200.00) dollars each, conditioned for his appearance in the city court of Metter to answer an accusation filed in said court August

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13, 1930, charging him in two counts with the offenses of possessing liquor and selling liquor, and whereas the said Frank Bland failed to appear at the August term, 1930, of said court, and said two bonds were forfeited on September 4, 1930, and a rule nisi issued on each of them; and also failed to appear at the following November term of said court, at which time a rule absolute was issued against the said Frank Bland, as principal, and Mrs. F. M. Bland, as surety, under date of December 5, 1930, for the principal sum of two hundred ($200.00) dollars and costs of court on each of said bonds, and executions were accordingly issued and recorded on the general execution docket of said County of Candler, and whereas the said Frank Bland did appear in the city court of Metter on February 21, 1931, and enter his plea of guilty to both charges contained in said accusation and complied with the judgment of the court rendered thereon: Preamble. Now, therefore, be it resolved by the General Assembly of Georgia, that, inasmuch as the conditions of said two appearance bonds have been fully complied with by the principal therein, the said Frank Bland and Mrs. F. M. Bland and/or the estate of Mrs. F. M. Bland (now deceased) be and they are hereby relieved from any liability on the bond forfeitures as aforesaid, other than the costs of court incurred by said forfeitures; and the clerk of the Superior Court of Candler County, Georgia, is hereby authorized, upon payment of the court costs as aforesaid, to mark satisfied and cancelled of record in his office the executions based upon said bond forfeitures. Relief from bond forfeiture. Approved March 26, 1935. SURETIES BROCK AND BRYANT RELIEVED. No. 74. A RESOLUTION. Whereas W. G. Brock of Hart County, Georgia, and John Bryant of Franklin County, Georgia, about 1931 became

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surety for Norman Hill, charged with violating liquor laws, in Franklin Superior Court; and whereas said Norman Hill failed to appear when his case was called in said Franklin Superior Court, and his bond was forfeited, and a rule nisi issued, and on which a rule absolute was had against Norman Hill as principal, W. G. Brock and John Bryant, for the sum of five hundred dollars besides cost: since then the sureties herein mentioned have become insolvent and are unable to pay the bond, and with this judgment outstanding their future business career will be stifled unless they can be relieved: Preamble. Now therefore be it resolved by the General Assembly of the State of Georgia, that the said W. G. Brock and John Bryant, sureties aforesaid, be relieved from the payment of the sums five hundred dollars ($500.00) and cost on the forfeiture aforesaid. Relief from bond forfeiture. Unconstitutional except as to principal. Approved accordingly. Eugene Talmadge, Gov., Mar. 28, 1935. SURETY COOK RELIEVED. No. 61. A RESOLUTION. Whereas F. L. Cook did become surety for the appearance of Walter Owens, at the January Term, 1934, of the Superior Court of Harris County, Georgia, in a case pending against the said Walter Owens, charging him with the offense of manufacturing liquor, which said bond was for the sum of two hundred dollars, and said bond was forfeited by reason of the non-appearance of the said Walter Owens, and the rule nisi having been taken at the January term, 1934, and the rule absolute at the December term, 1934, and execution duly issued upon said forfeiture by said court at the July term, 1934 of the same: Preamble.

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Whereas the said F. L. Cook offered a reward of twenty-five dollars for the apprehension of said Walter Owens, and the Sheriff of Meriwether County located him in that county and placed him in the jail in Greenville in said county, and notified the said F. L. Cook and the Sheriff of Harris County, and after being thus notified the said F. L. Cook paid said reward and also paid the expense of the Sheriff of Harris County for getting said prisoner and incarcerating him in the jail of Harris County, subject to the orders of the court wherein said was pending: Whereas within a short while after said Walter Owens was placed in the jail at Hamilton, in the custody of the Sheriff of said County of Harris, he developed a sickness thought to be caused by excessive drinking, and as a result thereof he died before being tried for said crime. 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 was fully accomplished, that the county authorities of Harris County, Georgia, be and they are hereby authorized to relieve the said F. L. Cook as surety on said bond, and the Clerk of the Superior Court of said county be and he is hereby authorized and instructed to mark the execution issued upon said forfeiture and rule absolute cancelled and satisfied of record, by and under the authority of this resolution. Relief from bond forfeiture. Approved March 26, 1935. SURETY DIXON RELIEVED. No. 60. A RESOLUTION. Whereas James Dixon did, on the 21st day of July, 1931, become surety for the appearance of Janie Dixon in a case pending in the City Court of Thomasville, Thomas County, Georgia, against said Janie Dixon, charging her with the offense of a misdemeanor, which said bond was forfeited

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by reason of the non-appearance of the said Janie Dixon at the March, 1932, term of said city court of Thomasville, and whereas a rule absolute was entered and an execution issued on the forfeiture of said bond in the principal sum of three hundred ($300.00) dollars and costs, and whereas the said Janie Dixon subsequently appeared in court, voluntarily, to answer to said charge, and thereupon the said case was nolprossed on the 3rd day of December, 1932: Preamble. 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 James Dixon be relieved from all liability on said execution issued on account of said forfeiture; provided, however, that the said James Dixon, surety aforesaid, shall have paid all costs in forfeiting said bond. Relief from bond forfeiture. Approved March 26, 1935. SURETY FULLER RELIEVED. No. 64. A RESOLUTION. Whereas A. L. Fuller, of the County of Coweta, became surety on a certain bond in the sum of one hundred ($100.00) dollars, conditioned for the appearance of Frank Lonney at the July term 1928, of the city court of Newnan, to answer an accusation pending in said court which charged said Frank Lonney, principal, with violating the prohibition law; and whereas Frank Lonney failed to appear in compliance with the conditions of said bond, whereupon the same was forfeited and scire facias issued; and whereas the court authorized a settlement on October 17, 1928, by the surety, A. L. Fuller, upon payment of one hundred ($100.00) dollars and cost in the amount of twenty dollars and sixty cents ($20.60); and whereas said surety did on said date pay, in settlement of said bond, the sum of one hundred twenty dollars and sixty cents ($120.60); and

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whereas said surety thereupon located and apprehended the said Frank Lonney and delivered him into the custody of the sheriff of Coweta County, and the said Frank Lonney entered a plea of guilty to the chage contained in said accusation, and was sentenced to serve three (3) months on the Coweta County chain-gang on August 31, 1933, and the said Frank Lonney complied with the terms of said sentence: Preamble. Now therefore be it resolved by the House of Representatives, the Senate concurring, that the county authorities of the County of Coweta pay, and they are hereby authorized and directed to pay, to the said A. L. Fuller the sum of one hundred twenty dollars and sixty cents ($120.60), the amount paid by him as aforesaid from the funds arising from fines and forfeitures in the said court. Relief from bond forfeiture. Unconstitutional to refund anything except principal. Approved with above notation. Eugene Talmadge, Governor, March 28, 1935. SURETY GREEN RELIEVED. No. 26. 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 Indictment No. 34288 in said court, for the offense with knowingly having in his possession a certain false, forged, and counterfeit check, the punishment being fixed from two years minimum to two years maximum, which said supersedeas bond was in the penal sum of seven hundred fifty ($750.00) dollars, and was by E. W. Lemon, Deputy Clerk of the Fulton Superior Court, approved on the 23rd of March, 1931; and Preamble.

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Whereas the said Robert K. Smith, when he was released from custody by and upon the said Mrs. Lucile McD. Green becoming his surety upon said supersedeas bond, did leave 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 twelve 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 as security, on the 16th day of November, 1931, for the

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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 which if said bond was realized would be sacrificed without paying the same, and the said Mrs. Green having two minor children to support under twelve (12) 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 under the existing circumstances, and it appears from such facts to be equitable that the loss, if any, should not be sustained by Mrs. Lucile McD. Green, surety on said bond: Therefore be it resolved by the House of Representatives, the Senate concurring, that the said Mrs. Lucile McD. Green be and she is hereby relieved from any and all liability on said supersedeas bond and fi. fa. as hereinbefore set out, the said fi. fa. being recorded in the general execution docket, Book No. 59, page 390, in the Clerk's office of Fulton Superior Court, which fi. fa. was issued on said bond forfeiture and judgment. And the Clerk of the Fulton Superior Court, of Fulton County, Georgia, is hereby authorized and directed to mark said fi. fa. and the said general execution docket cancelled and satisfied of record, and said Clerk is hereby authorized to cancel said bond. But Fulton County shall not be authorized to pay any sum by reason of said forfeiture. Relief from bond forfeiture. Approved March 21, 1935.

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SURETY JONES RELIEVED. NO. 59. A RESOLUTION. Whereas on the 16th day of November, 1929, Frank L. Jones became surety on the bond of one Nathaniel Hadden, alias Haden, in the Criminal Court of Atlanta, Fulton County, Georgia, in the sum of two hundred ($200.00) dollars; and whereas on the 22nd day of January, 1930, the case being called for trial, said Hadden, alias Haden, failed to answer when called, his bond was forfeited, and a scire facias was issued and served upon the said surety, Frank. L. Jones; and whereas on the 10th day of June, 1930, the said Hadden, alias Haden, not having been apprehended by the surety, the said surety paid into court the sum of two hundred ($200.00) dollars, thus relieving said surety of his liability on said bond; and whereas on the 10th day of September, 1930, about three months after the surety has paid the bond in full to Fulton County, Georgia, and had thus relieved himself of liability, the said surety located the said Nathaniel Hadden, alias Haden, and surrendered him to the sheriff of Fulton County, and that thereafter on the 22nd day of September, 1930, the said Hadden, alias Haden, was tried and convicted in the Criminal Court of Atlanta on the charges made, and given a sentence of six months on the chain-gang in default of a one hundred ($100.00) dollars fine, and that the said Hadden, alias Haden, entered upon the service of said sentence on the 23rd day of September, 1930: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, that the county authorities of Fulton County, Georgia, be and they are authorized to refund to the said Frank L. Jones, the surety aforesaid, the two hundred ($200.00) dollars paid into the court and to the county on account of said forfeiture. Refund of money paid on forfeiture of bond. Approved March 22, 1935.

Page 1293

SURETY MATHIS RELIEVED. NO. 59. A RESOLUTION. Whereas W. C. Mathis, of Muscogee County, Georgia, did, on November 9, 1931, become surety for one Henry Thomas, said bond being returnable to the Superior Court of Muscogee County, Georgia, the principal of said bond being charged with a misdemeanor in the said superior court; and whereas said bond was forfeited on the 1st day of December, 1931, and scire facias issued, returnable to the February term, 1932, of said Superior Court of Muscogee County, Georgia, and, the principal of said bond not then appearing, a final forfeiture was taken in the case and judgment entered against Henry Thomas as principal, and W. C. Mathis as security, for the sum of $100.00 principal, and $15.35 as costs, and execution issued thereon and was entered on general execution docket F, page 238, in the office of the clerk of said Muscogee Superior Court; and whereas subsequent thereto the security, W. C. Mathis, produced the principal, Henry Thomas, and on February 29, 1932, the said Henry Thomas entered a plea of guilty and was sentenced by the court to serve four months or pay a fine of $75.00, which term was served, and the security paid the court costs of the forfeiture proceedings: Preamble. Therefore be it resolved by the House of Representatives, the Senate concurring, that the county authorities of Muscogee County, Georgia, be and they are hereby instructed to cancel said execution of record, and the clerk of Muscogee Superior Court is directed to cancel said execution on the dockets of his court, and the said W. C. Mathis, surety in the above case, be and he is hereby relieved from all liability on said bond. Relief from bond forfeiture.

Page 1294

SURETY MIDDLEBROOKS RELIEVED. NO. 30. A RESOLUTION. Whereas W. P. Middlebrooks became surety on a certain bond in the amount of $100.00, conditioned for the appearance of Herman Wilcox at the March term, 1928, of the Criminal Court of Atlanta, to answer an accusation pending in the June term, 1930, of said court, which charged said principal with violating the prohibition law, and whereas the said Herman Wilcox failed to appear in compliance with the condition of said bond, whereupon the same was forfeited and a scire facias issued; and whereas the surety, W. P. Middlebrooks, paid to J. S. Herd, bond clerk of Fulton County, the amount of $115.50 on August 1st, 1930, in settlement of the judgment of forfeiture, and whereas the surety, W. P. Middlebrooks, thereupon located and apprehended the said Herman Wilcox and delivered him into the custody of the sheriff of Fulton County on July 16th, 1933, and the said Herman Wilcox entered a plea of guilty to the charge contained in said accusation, and was sentenced to serve eight (8) months on the public work of Fulton County or pay a fine of $50.00, and the said Herman Wilcox complied with the terms of said sentence: Preamble. Now, therefore, be it resolved by the General Assembly of Georgia that the county authorities of Fulton County pay, and they are hereby authorized and directed to pay, to the said W. P. Middlebrooks the sum of $100.00 paid by him, as aforesaid, from the funds derived from fines and forfeitures of said court. Relief from bond forfeiture. Approved March 22, 1935.

Page 1295

SURETY PANGLE RELIEVED. NO. 68. A RESOLUTION. Whereas E. P. Pangle became bail for the appearance of George Roach to be before the Superior Court of Whitfield County, Georgia, at the April term, 1922, to answer to the offense of possessing intoxicating liquors, said bond being in the sum of $100.00; whereas the said George Roach defaulted said bond and failed to appear at said superior court, and said bond was forfeited by reason of the failure of said George Roach to appear as provided in the terms of said bond, and a judgment was rendered against said E. P. Pangle as surety on said bond at the January term, 1923; whereas said surety has paid off said judgment based on said bond, together with the cost of the same, payment having been made on August 7th, 1924; whereas, after said bond had been forfeited and said judgment entered, and after the same was paid off, said surety, without any expense to Whitfield County, caused the arrest of said George Roach in another State to which he had fled, and brought the said George Roach back to Whitfield County, Georgia, and placed him in the custody of the sheriff of said county, and said case was disposed of as provided by law; said George Roach was delivered to the sheriff of Whitfield County by said surety on November 5th, 1933: Preamble. Now, therefore, be it resolved by the General Assembly, the bond having served its purpose, the Commissioner of Roads and Revenues of Whitfield County is hereby authorized to pay said E. P. Pangle out of the general funds of said county the sum of $100.00 together with the court costs he paid, to reimburse him for the sums so paid by him on account of said bond. Relief from bond forfeiture. Unconstitutional except as to principal. Approved accordingly. Eugene Talmadge, Gov., March 28, 1935.

Page 1296

SURETY RANDALL RELIEVED. NO. 65. A RESOLUTION. Whereas J. N. Randall, of Thomasville, Thomas County, Georgia, did execute a certain bond for the appearance of Willie Davis to the City Court of Thomasville of Thomas County, at the March term, 1930, in a case pending against the said Willie Davis; and whereas the said Willie Davis defaulted said bond, and said bond was forfeited by reason of the failure of said Willie Davis to appear as provided in the terms of said bond, and a rule absolute was entered against J. N. Randall 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 and judgment was in the amount of $200.00 principal and $15.50 costs, and whereas said bond was forfeited and said judgment was entered, and as the same was paid off the said surety caused said Willie Davis to be arrested and placed in custody of the sheriff of Thomas County, and said case was disposed of as provided by law: Preamble. Now therefore be it resolved by the General Assembly, the bond having served its purpose, the county authorities of Thomas County are hereby authorized and empowered to pay to J. N. Randall, the surety named herein, the penal sum of said bond, and costs, to be paid out of the fines and forfeitures of the City Court of Thomasville of Thomas County, to reimburse said surety on account of said bond. Refund of money paid on bond forfeiture. Unconstitutional except as to principal. Approved with above notation.Eugene Talmadge, Gov., March 27, 1935.

Page 1297

SURETIES RUSSELL AND KILGORE RELIEVED. NO. 73. A RESOLUTION. Whereas, prior to May 3, 1932, one DeWit Holton was arrested in the County of Colquitt, Georgia, upon the charge of possessing liquor, and whereas, prior to May 3, 1932, J. L. Russell and Will Kilgore became sureties on the appearance bond of the said DeWit Holton, whereby said Holton was to be and appear in the city court of Colquitt County, Georgia, at the May term thereof; and whereas, on May 3, 1932 said case was called for trial in said court, and said DeWit Holton, the defendant failed to appear and the said bond of $200.00, was forfeited, and whereas execution for the sum of $200.00, principal, $23.10 as cost, was issued upon said bond and recorded in Book F, page 9, of the general execution docket in said county; and whereas, on June 11, 1934, DeWit Holton was presented to the court by Will Kilgore, one of the sureties on the bond of said Holton, at which time the said DeWit Holton entered a plea of guilty to having liquor and was sentenced to serve twelve months in the chain-gang, on probation: Preamble. Now, therefore, be it resolved by the House of Representatives and the Senate of the State of Georgia, that inasmuch as the purpose for which said bond was made is fully accomplished, that the county authorities of Colquitt County, Georgia, be and they are hereby authorized and directed to satisfy said execution of record, and that said sureties, J. L. Russell and Kilgore, be and they are hereby relieved from all liability on said execution and on said forfeiture. Relief from bond forfeiture. Unconstitutional except as to principal. Approved accordingly.Eugene Talmadge, Gov., March 28, 1935.

Page 1298

SURETY TALLENT RELIEVED. NO. 69. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, that Whereas a warrant was sworn out in Chattooga County for the arrest of one G. L. Ballard on a misdemeanor charge, and Ballard was incarcerated in the jail of said county; and whereas W. H. Tallent became the bail for the said Ballard, for Ballard's appearance at the Superior Court of said county; and whereas the grand jury at the next regular term of superior court (the May, 1933, term) following Ballard's arrest, did fail to indict the said Ballard on any charge. And the said Ballard, thinking that he was not to be prosecuted, and the matter settled by the failure of the said grand jury to return an indictment, left the State and county; and whereas the grand jury, at the second regular term of superior court (the September, 1933, term) following Ballard's arrest, did indict the said Ballard for a misdemeanor growing out of the transaction of which Ballard was arrested; and whereas the superior court, on the 9th day of September, 1933, on call of the case, and Ballard not being present, did take a nisi against the said Tallent as bondsman, and in superior court, on February 8, 1934, a rule absolute was taken against the said Tallent; the said Tallent did hire a detective to locate the said Ballard, and returned the said Ballard from a distant point in another State, at his own (Tallent's) expense, and delivered the said Ballard to the sheriff of Chattooga County on the 14th day of February, 1934, said day being the last day superior court was in session at the regular February, 1934, term; and whereas, the said Ballard remained in jail until the next regular term of superior court (the May, 1934, term), when the said Ballard was acquitted; and whereas, suit having been brought to recover the amount of the bond in this case, the same being $250, and $20 costs, a total of $270, notwithstanding the facts as set forth above: therefore Preamble.

Page 1299

Be it resolved, by the Senate, the House of Representatives concurring, that the county authorities of Chattooga County be and they hereby are authorized and required to relieve the said W. H. Tallent from any and all liability upon the said bond forfeiture, and they are hereby authorized and required to cancel the execution which issued upon the same. Relief from bond forfeiture. Approved March 28, 1935. SURETY TAYLOR RELIEVED. NO. 21. A RESOLUTION. Whereas, on the 14th day of November, 1931, Jesse Taylor did become surety on the bond of one Jesse Dover for the appearance of the said Jessie Dover at the Superior Court of Rabun County, Georgia, in a case pending against the said Jesse Dover, charging him with the offense of simple larceny, which said bond was in the sum of $100.00, and said bond was forfeited by reason of the non-appearance of the said Jesse Dover, and a rule nisi having been taken; and whereas it is the desire of many citizens of Rabun County that the said Jesse Taylor be relieved from the bond of the said Jesse Dover: Preamble. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the county authorities of Rabun County be and they hereby authorized to relieve the said Jesse Taylor as surety on the said bond, and the said Jesse Taylor is hereby relieved from the said bond, and the clerk of the Superior Court of Rabun County, Georgia, be and he is hereby authorized and instructed to mark the forfeiture and the rule nisi cancelled and satisfied of record, by authority of this resolution. Relief from bond. Approved March 19, 1935.

Page 1300

SURETY THOMAS RELIEVED. NO. 72. A RESOLUTION. Whereas J. R. Thomas of Spalding County, Georgia, became surety on the bond of W. L. Coley, charged with operating automobile while under the influence of intoxicating liquors, in the City Court of Griffin, Spalding County, Georgia; and whereas the said W. L. Coley failed to appear when his case was called at the September term, 1933, of said court, and his bond was forfeited and a rule nisi issued, and at the June term, 1934, of said court said case was called again and a rule absolute was issued against the said W. L. Coley as principal, and J. R. Thomas as security, for the sum of one hundred dollars ($100.00) besides the cost of court; and whereas afterwards the said W. L. Coley was recaptured and delivered over to the sheriff of Spalding County, Georgia, and incarcerated in the jail of said county, and said case against said W. L. Corley was tried at the December term, 1934, of said court, City Court of Griffin, and was found not guilty: Preamble. 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 J. R. Thomas be relieved from all liability on said execution issued on said forfeiture; provided, however, that the said J. R. Thomas, security on said bond, shall have first paid all cost in forfeiting said bond. Relief from bond. Approved March 28, 1935. SURETY VARNER RELIEVED. NO. 49. A RESOLUTION. Whereas, on the 16th day of September, 1929, J. M. Varner became surety on the bond of Belle Blair in the Superior Court of Terrell County, Georgia, in the principal amount of $100.00; and whereas said bond was made

Page 1301

by mistake, due to the fact that there had never been any arrest of said Belle Blair, no arrest having been had since nor any trial, the party arrested having been the husband of said Belle Blair and separate bond having been made for him; and whereas by mistake said bond was forfeited on November 29, 1929, and rule absolute being had on said bond, and fi. fa. issued against the said J. M. Varner as security as aforesaid; and whereas said J. M. Varner, laboring under said mistake of fact, paid on the 10th day of June, 1930, the $100.00 principal amount of said fi. fa., and in addition $13.35 costs upon said fi. fa.: Therefore be it Preamble. Resolved by the General Assembly of Georgia, the premises considered, that the said J. M. Varner be reimbursed out of the fine and forfeiture fund of the Superior Court of Terrell County, Georgia, the sum of $113.35 mistakenly paid by him, with interest at 7% from June 10th, 1930, the time of said payment, and that said fi. fa. be authorized hereby to the clerk of said court to be cancelled from the records of said Terrell Superior Court. Refund of money paid on bond forfeiture. This Act is unconstitutional in so far as it directs the refund of interest and costs. Its passage and approval authorize the refund of the principal amount of $100.00 only. Approved March 23, 1935. SURETY VARNER RELIEVED. NO. 48. A RESOLUTION. Whereas J. M. Varner of Terrell County, Georgia, became surety on a bond executed by Charlie Blair as principal, in the sum of one hundred and fifty ($150.00) dollars, conditioned for the appearance of said Charlie Blair at the November term, 1929, of the Superior Court of Terrell County, to answer an accusation pending in said court, charging said Charlie Blair with the offense of possessing liquor; and whereas said Charlie Blair failed to appear at

Page 1302

said term of said court in compliance with the condition of said bond, and a rule nisi was thereupon issued for the forfeiture of said bond, and fi. fa. was issued on November 29, 1929, against J. M. Varner as security as aforesaid, in the amount of $150.00 principal, and $13.35 costs upon same; and whereas, $75.00 was paid by J. M. Varner aforesaid on the principal and costs of said fi. fa. aforesaid on the 10th day of June 1930; and whereas, after having paid said amount on said judgment aforesaid, said surety J. M. Varner aforesaid did produce, on the 25th day of November 1930, without cost or expense to the county, and deliver said Charlie Blair to the Sheriff of Terrell County for the purpose of having said Charlie Blair answer the charges against him for which the above bond was given; and whereas the obligation of said J. M. Varner as surety aforesaid has been fully performed, and therefore he is entitled to be reimbursed with interest by the county for the sums expended by him in part payment of the judgment against him, and is further entitled to be assured that the balance remaining on said judgment shall never be collected from him: Preamble. Therefore be it resolved by the General Assembly of the State of Georgia, that the said J. M. Varner be reimbursed by the county authorities of Terrell County, and they are authorized to pay to the said J. M. Varner the sum of $75.00 paid by him on said bond forfeiture, together with interest at seven (7%) per centum, together with the court costs paid by him, the same to be paid out of funds arising from fines and forfeitures in the Superior Court of Terrell County, Georgia, to reimburse him for the sums so paid by him on account of the forfeiture of said bond; also, it is hereby provided that said J. M. Varner, surety aforesaid, is relieved of any and all remaining liability on said fi. fa., if any, and the judgment and the execution based on said bond are hereby declared null and void, and the Clerk of the Superior Court of Terrell County is authorized and directed to mark the same satisfied. Refund of money paid on bond forfeiture.

Page 1303

This Act is unconstitutional in so far as it directs the refund of interest and costs. Its passage and approval authorizes the refund of the principal amount of $75.00 only. Approved March 23, 1935. Eugene Talmadge, Governor. TAX-COLLECTOR AND SURETIES RELIEVED. NO. 55. A RESOLUTION. Whereas W. D. Porter, former tax-collector of Bleckley County, Georgia, did on November 7, 1930, forward his check to W. J. Speer, State Treasurer, for the sum of $336.74, being the balance due and in full settlement of the general taxes for 1928; and whereas W. B. Harrison did, on November 10, 1930, forward to the said W. D. Porter his receipt in full for account of the general taxes for 1928; and whereas said check for $336.74 was not promptly presented for payment; and whereas the Cochran Banking Company was on November 13, 1930, put in the hands of the Superintendent of Banks for liquidation; and whereas, had it not been for a delay in presenting this check for payment it would have been paid by the Cochran Banking Company on which it was drawn; and whereas the delay resulted in a loss to W. D. Porter in the sum of $336.74: Preamble. Therefore be it resolved by the House, the Senate concurring therein, that W. D. Porter and his bondsmen, H. J. Abney, C. N. King, T. A. Porter, John Purser Sr., E. T. Mullis, and O. H. Jones, be and they are hereby relieved from any obligation whatever upon the bond given by the said tax-collector and his bondsman to the State of Georgia for the year 1928. Relief from bond. Approved March 27, 1935.

Page 1304

TAX-PAYMENTS, REFUND OF. No. 96. A RESOLUTION. Whereas the General Assembly of the State of Georgia, did, under the general tax act for the years 1927, 1928, and 1929, imposed a tax of one hundred dollars upon every person, firm, or corporation engaged in the manufacture of lumber products of any character, or dealing in lumber products, in cities of more than 20,000 population, etc.; and whereas many dealers and manufacturers paid said tax for the years 1928 and 1929, and prior years, while others refused to pay said special tax, and the same was contested in the superior court and from there carried to the Supreme Court of the State of Georgia upon the ground that said part of the general tax act of 1927 was unconstitutional, and by the decision of the Supreme Court rendered July 20, 1929 (168 Ga. Rep., page 808), the same was declared unconstitutional; and whereas the Dudley Sash, Door Lumber Company paid $100.00 for each year 1928 and 1929; the Williams Lumber Company paid $100.00 for each year 1928 and 1929; Harvey Lumber Company paid $100.00 for each year 1928 and 1929; Cooper Lumber Company paid $100.00 for each year 1928 and 1929; Builders Supply Company paid $100.00 for each year 1928 and 1929; National Show-Case Company paid $100.00 for the year 1928; and Carter Lumber Company paid $100.00 for the year 1928; and whereas said funds so paid were allocated to the Forestry Fund for maintenance, and was used by said Forestry Department; and whereas, under section 1102 of Park's Annotated Code of Georgia, where such funds remain in the treasury said officer is satisfied, he may certify the same to the Governor, who shall, if he approves, draw his warrant on the treasury in favor of such taxpayer for the proper amount, out of any moneys not otherwise appropriated; and whereas, the Comptroller-General did pay to certain lumber dealers certain sums of money that had not been allocated to the forestry fund, as will be shown by vouchers: Preamble.

Page 1305

Now, therefore, be it resolved by the General Assembly of the State of Georgia, that there be and the same is hereby appropriated to reimburse the said above named parties the amounts so paid in good faith, and which rightfully should be paid to each of them, to wit: Dudley Sash, Door Lumber Company, $200.00; Williams Lumber Company, $200.00; Harvey Lumber Company, $200.00; Cooper Lumber Company, $200.00; Builders Supply Company, $200.00; National Show-Case Company, $100.00; Carter Lumber Company, $100.00; all of Columbus, Georgia, upon proper warrants issued by the Governor upon the treasury; and the Governor is hereby directed to issue warrants, to each of said parties for their respective amounts so paid by them by reason of said Act, upon the treasury and paid out of such funds in the treasury not otherwise appropriated. Refund of taxes. Approved March 28, 1935. TEACHER'S OATH OF ALLEGIANCE No. 54. A RESOLUTION. Requiring the teachers in the public schools of this State, and other employees, to take an oath of allegiance to the government of this State and of the United States and to support and defend the Constitution of this State and of the United States. Whereas, in order to perpetuate the principles of free government and preserve the high ideals upon which this Nation was founded and upon which our Constitutions rest, it is necessary that the fundamental principles of patriotism and the ideals of Americanism be inculcated into and cultivated in the minds of our children; and whereas the public-school teachers and other employees of this State wield an influence upon the lives and minds of Georgia children second only to that of their parents; and whereas the State has been and is being flooded with propaganda

Page 1306

and literature which seek the destruction of the high principles of government which ought to be perpetuated: Preamble. Therefore be it resolved by the General Assembly of Georgia (the Senate and House of Representatives concurring), that every teacher in the public schools of this State, whether elementary, high school, college or university, and all other employees, of the State or subdivision thereof drawing a weekly, monthly, or yearly salary, shall before entering upon the discharge of their duties, take and subscribe a solemn oath to uphold, support, and defend the Constitution and laws of this State and of the United States, and to refrain from directly or indirectly subscribing to or teaching any theory of government or economics or of social relations which is inconsistent with the fundamental principles of patriotism and high ideals of Americanism. Oath for teachers, etc. Be it further resolved, that the form of such oath shall be prescribed by the State Superintendent of Schools, and the oath of each teacher shall be filed in the office of the Superintendent of Schools of the county or other school system in which such teacher is employed; other employees shall file their oath with the department in which they might be employed, and shall be annually renewed. Be it further resolved, that no teacher or employee who shall fail or refuse to take and subscribe such oath shall be employed in any school, college, or university or other office or position of this State, or be paid from the public-school fund or by any other public fund. Be it further resolved, that any person violating the above and foregoing provisions shall be guilty of a misdemeanor, and shall be discharged immediately from his or her position. Penalty. Approved March 26, 1935.

Page 1307

TELFAIR SHERIFF'S AND TAX-COLLECTOR'S BOND; PAYMENT OF PREMIUM. No. 12. A RESOLUTION. Whereas, under the law applicable to this, Telfair, County, the Sheriff and Tax-Collector are required to give a surety bond, and it appears fair that the county should pay the premiums on such bonds: Preamble. Therefore be it resolved by the General Assembly of Georgia, that the premium on the bonds of the said Tax-Collector and Sheriff be paid from county funds, and that it is directed that warrants do issue for the respective amounts thereof. County to pay premiums on bonds. Approved March 15, 1935. TENNESSEE-COLUMBUS MILITARY HIGHWAY. No. 50. A RESOLUTION. To provide that the part of the highway known as State Route No. 1, which extends from the Tennessee State line to the City of Columbus in Muscogee County, shall be known, designated, and maintained as a military highway. Be it resolved by the General Assembly of Georgia: Section 1. That so much of State Route No. 1 as extends from the Tennessee State line through the City of Rome, the City of Cedartown, the City of Carrollton, the City of LaGrange, and to the City of Columbus in Muscogee County, shall hereafter be known, designated, and maintained as a military highway. Military highway between Columbus and Tennessee. Sec. 2. That the State Highway Board is hereby directed to so designate and maintain that part of said State Route No. 1 herein described as a military highway, in conformity with the laws relating to such highway. Approved March 23, 1935.

Page 1309

TREASURER'S REPORT

Page 1310

TREASURER'S REPORT SHOWING RECEIPTS AND DISBURSEMENTS AT THE STATE TREASURY FOR THE YEAR ENDING DECEMBER 31, 1934. To Balance on Hand, January 1, 1934 $3,548,042.82 RECEIPTS Bank Examination Fees $ 59,073.96 Carbonic Acid Gas Tax 31,033.92 Cigar and Cigarette Stamp Tax 1,022,942.26 Corporation Franchise Tax 377,383.50 Dividends on Stocks 2,410.00 Feed Inspection Fees 45,440.68 Fertilizer Inspection Fees 174,731.46 Fishing and Hunting Licenses 97,312.99 Fuel Oil Tax 14,304,590.39 Gross Receipts Tax 89,759.37 Income Tax 1,765,999.61 Industrial Relations Assessments 64,201.89 Inheritance Tax 119,377.14 Insurance Companies Tax 907,864.87 Interest on Deposit 63,027.08 Kerosene Oil Tax 196,928.56 Land Title Registration Fees 36.51 Machinery Equipment Tax 1,680.00 Malt Syrup Tax 27.28 Miscellaneous Fees 22,612.79 Motor Carriers Fees 50,257.50 Motor Carriers Mileage Tax 72,050.43 Motor Vehicle License Fees 1,190,236.48 Naval Stores Inspection 2,384.81 Occupation Tax 428,756.21 Poll Tax 267,485.21 Professional Examination Fees 49,372.25 Professional Tax 48,661.43 Property TaxGeneral 3,698,754.47 Property TaxPublic Service Corporation 734,444.23 Public Service Corporation Assessments 67,736.08 Refunds 11,202.30 RentalsSundry 28,407.42 Rentals from W. A. R. R. 540,000.00 Sales 3,592.78 Security Dealers Fees 9,124.75 Sewing Machine Tax 1,360.00 Soft Drinks Syrup Tax 10,057.89 National Forest Reserve 2,809.49 Total Receipts $26,563,127.99 Aggregate including Balance $30,111,170.81

Page 1311

DISBURSEMENTS Agriculture $ 124,320.00 Audits 59,350.00 Banking 59,480.40 Comptroller-General 84,100.00 Education: Common School Appropriation 3,556,623.06 Equalization Fund 2,559,321.01 Entomology 38,180.00 Forestry and Geological 38,150.00 Game and Fish 75,705.74 Governor: Office Maintenance 30,581.78 Supervisor of Purchases 9,869.09 Public Buildings and Grounds 48,861.24 Rewards 1,800.00 Publishing Notices 948.00 Publishing Acts and Journals 10,808.20 Insurance on Public Property 138.75 Highways 6,984,483.09 Industrial Relations: Division of Commerce and Labor 7,605.00 Workmen's Compensation Act 65,623.86 Law 22,600.00 Library: Printing Reports of Supreme and Appeals Court 9,700.24 Expenses of other Operations 7,090.00 Library Commission 7,600.00 Military 40,225.19 Naval Stores Supervising Inspector 2,637.46 Prison Commission: Maintenance 29,650.36 Prison Farm (Baldwin County) 70,422.00 Prison Farm (Tattnall County) 10,000.00 Public Health 95,230.00 Public Service Commission 106,509.03 Revenue Commission: Cigar-Cigarette and Delinquent Tax 70,800.00 Income Tax 65,329.50 Motor Vehicle Registration 76,593.57 Secretary of State: Administration of Law Regulating Professions 47,030.70 Administration of Securities Law 8,930.70 Maintenance 20,380.00 State Treasurer: Sinking Fund on Public Debt 100,000.00 Interest on Public Debt 194,734.14 Interest on Current Loans 54,812.50 Redemption of W. A. Rentals 540,000.00 Counties Fuel Oil Tax 2,244,906.11 Maintenance 21,122.47 Expense of Supreme Court 75,352.64 Expense of Court of Appeals 71,655.00 Expense of Superior Courts 205,419.63 Veterans Service Office: Pensions $ 1,006,431.80 Maintenance 29,340.00 Eleemosynary Institutions: Maintenance 11,250.00 Public Welfare 15,300.00 Milledgeville Hospital 844,457.38 Tuberculosis Sanitorium 178,650.00 Mental Defectives School 49,400.00 School for Deaf 57,100.00 Academy for Blind 28,930.00 Training School for Boys 26,725.00 Training School for Girls 26,690.00 Confederate Soldiers' Home 11,698.65 University System 1,141,525.45 Repayment of Common School Loan 2,000,000.00 Legislative Expense 2,975.00 Refunds: Ad Valorem Tax Overpayments 10,802.41 Income Tax 14,544.32 National Forest Reserve 2,809.49 Total Disbursements $23,413,309.96 Balance on Hand December 31, 1934 6,697,860.85 $30,111,170.81

Page 1313

SUPREME COURT OF GEORGIA HON. RICHARD B. RUSSELL Chief Justice HON. MARCUS W. BECK Presiding Justice HON. SAMUEL C. ATKINSON Associate Justice HON. STIRLING PRICE GILBERT Associate Justice HON. R. C. BELL Associate Justice HON. JOHN B. HUTCHESON Associate Justice GEORGE W. STEVENS Reporter JOHN M. GRAHAM Assistant Reporter KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk LEWIS R. WADDEY 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 MORGAN THOMAS Deputy Clerk P. W. DERRICK Sheriff

Page 1314

SUPERIOR COURT CALENDAR FOR 1935-1936 ALAPAHA CIRCUIT. Hon. W. R. SMITH, Judge, Nashville. H. C. MORGAN, Solicitor-General, Homerville. AtkinsonThird Monday in February and July, and fourth Monday in October. BerrienThird and fourth Mondays in March and September, and second Monday 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 Monday in January and July. CalhounFirst Monday in June and December. DecaturSecond Monday in May and November. DoughertyThird Monday in March and September. GradyFirst Monday in March, and fourth Monday in October. MitchellSecond Monday in April and October. ATLANTA CIRCUIT. HONS. JOHN D. HUMPHRIES, E. D. THOMAS, G. H. HOWARD, E. E. POMEROY, VIRLYN B. MOORE, HUGH M. DORSEY, Judges, Atlanta. JOHN A. BOYKIN, Solicitor-General, Atlanta. FultonFirst Monday in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. JOSEPH T. GRICE, Judge, Glennville. J. P. DUKES, Solicitor-General, Pembroke. BryanFirst Monday in May and November. EvansFirst Monday in April and October. LibertyThird Monday in February and September. LongFirst Monday in March and September. McIntoshFourth Monday in May, and first Monday in December. TattnallThird Monday in April and October.

Page 1315

AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Monday in May and November. ColumbiaFourth Monday in March and September. RichmondThird Monday in January, March, May, July, September, and November. BLUE RIDGE CIRCUIT. HON. J. HAROLD HAWKINS, Judge, Marietta. H. G. VANDIVIERE, Solicitor-General, Canton. CherokeeSecond Monday in March, and first Monday in August and December. CobbThird Monday in January, April, and July, and first Monday in November. FanninSecond Monday 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. PickensThird Monday in February and October, and first Monday in July. BRUNSWICK CIRCUIT. HON. GORDON KNOX, Judge, Hazlehurst. W. B. GIBBS, Solicitor-General, Jesup. ApplingSecond and third Mondays in March and October. CamdenFirst Monday in April and November. GlynnThird Monday in May and December. Jeff DavisFirst Monday in March, June, September, and December. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON. C. F. McLAUGHLIN, Judge, Columbus. A. J. PERRYMAN, Solicitor-General, Columbus. ChattahoocheeThird Monday in March and September. HarrisSecond Monday in January and July. MarionFourth Monday in April and October. MuscogeeFirst Monday in February, May, August, and November. TalbotFirst and second Mondays in March and September. TaylorFirst and second Mondays in April and October.

Page 1316

CHEROKEE CIRCUIT. HON. C. C. PITTMAN, Judge, Cartersville. JOHN C. MITCHELL, Solicitor-General, Dalton. BartowSecond Monday in January and July. CatoosaFirst Monday in February and August, and second Monday in May and November. DadeThird Monday in March and September. GordonFourth Monday in February, May, August, and November. MurraySecond Monday in February and August. WhitfieldFirst Monday 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 Monday, and the Monday following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFourth Monday 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 Monday in April and October. CowetaFirst Monday in March and September. HeardThird Monday in March and September. MeriwetherThird Monday in February, May, August, and November. TroupFirst Monday in May and November. DUBLIN CIRCUIT. HON. J. L. KENT, Judge, Dublin. J. A. MERRITT, Solicitor-General, Dublin. JohnsonThird Monday in March and September. LaurensFourth Monday in January, April, July, and October. TwiggsFourth Monday in February and August.

Page 1317

EASTERN CIRCUIT. HON. JOHN ROURKE Jr., Judge, Savannah. SAMUEL A. CANN, Solicitor-General, Savannah. ChathamFirst Monday 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, W. A. McCLELLAN, Macon, Judges. CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Monday in February and November, and third Monday in April and July. CrawfordThird Monday in March and October. HoustonThird Monday in January, May, and September. PeachFirst Monday in March, June , September, and December. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. M. L. GROSS, Solicitor-General, Sandersville. CandlerFirst and second Mondays in February and August. EmanuelSecond Monday in January, April, July, and October. JeffersonSecond Monday in May and November. ToombsFourth Monday in May and November. WashingtonFirst Monday in March and September.

Page 1318

NORTHEASTERN CIRCUIT. HON. B. P. GAILLARD Jr., Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Monday 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 Monday in April and October. RabunFourth Monday in February and August, and third Monday in November. StephensSecond Monday in February, May, September, and November. TownsFourth Monday in March and September. UnionFirst Monday in April and October. WhiteSecond Monday in April and October. NORTHERN CIRCUIT. HON. BERRY T. MOSELEY, Judge, Danielsville. A. S. SKELTON, Solicitor-General, Hartwell. ElbertSecond Monday in March and September. FranklinThird Monday in January, fourth Monday in March, first Monday in August, and fourth Monday in September. HartFourth Monday in February and August, and first Monday in December. MadisonFirst Monday in March and September. OglethorpeThird Monday in March and September. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Judge, Greensboro. C. S. BALDWIN Jr., Solicitor-General, Madison. BaldwinSecond Monday in January and July. GreeneFourth Monday in January, April, July, and October. HancockFourth Monday in March and September. JasperSecond Monday in February, August, and November. JonesThird Monday in April and October. MorganFirst Monday in March, June, September, and December. PutnamThird Monday in March and September. WilkinsonFirst Monday in April and October.

Page 1319

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 Monday in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Monday in June and December. TelfairFourth Monday in February and June, and third and fourth Mondays in October. TreutlenThird Monday in February and August. WheelerFourth Monday in March and September, and the Monday following each. OGEECHEE CIRCUIT. HON. WILLIAM WOODRUM, Judge, Millen. WILLIAM G. NEVILLE, Solicitor-General, Statesboro. BullochFourth Monday in January, April, July, and October. EffinghamThird Monday in April and October. JenkinsSecond Monday in May and November. ScrevenThird Monday in May and November. PATAULA CIRCUIT. HON. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Monday in March and September. EarlyFirst Monday in April and October. MillerFourth Monday in April and October. QuitmanFourth Monday in March and September. RandolphFirst Monday in May and November. SeminoleThird Monday in April and October. TerrellThird Monday in May and November. PIEDMONT CIRCUIT. HON. W. W. STARK, Judge, Commerce. CLIFFORD PRATT, Solicitor-General, Winder. BanksThird Monday in March, and second Monday in November. BarrowThird Monday in January, April, July, and October. GwinnettFirst Monday in March, June, September, and December. JacksonFirst Monday in February and August.

Page 1320

ROME CIRCUIT. HON. CLAUDE H. PORTER, Judge, Rome. JAMES F. KELLY, Solicitor-General, Rome. ChattoogaFirst Monday in February, fourth Monday in May, and second Monday in September. FloydSecond Monday in January, April, July, and October. WalkerThird Monday in February and August, and first Monday in May and November. SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. G. C. SPURLIN, Solicitor-General, Valdosta. BrooksFirst Monday in May and November. ColquittFirst Monday in April and October. EcholsSecond Monday in March and September. LowndesThird Monday in May and November. ThomasThird Monday in April and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM M. HARPER, Judge, Americus. HOLLIS FORT, Solicitor-General, Americus. LeeFirst Monday in May and November. MaconSecond Monday in May and November. SchleySecond Monday in April and October. StewartThird Monday in April and October. SumterFourth Monday in May and November. WebsterFirst Monday in April and October. STONE MOUNTAIN CIRCUIT. HON. JAMES C. DAVIS, Judge, Stone Mountain. CLAUDE C. SMITH, Solicitor-General, Decatur. CampbellFirst and second Mondays in February and August. ClaytonThird Monday in February, May, August, and November. DeKalbFirst Monday in March, June, September, and December. NewtonFirst Monday in January, and third Monday in March, July, and September. RcckdaleThird Monday in January, and first Monday in April, July, and October.

Page 1321

TALLAPOOSA CIRCUIT. HON. JAMES R. HUTCHESON, Judge, Douglasville. HAL C. HUTCHENS, Solicitor-General, Dallas. DouglasThird Monday in March and September. HaralsonThird Monday in January and July. PauldingSecond Monday in February, and first Monday in May, August, and November. PolkFourth Mondays in February and August. TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. W. C. FOREHAND, Solicitor-General, Sylvester. IrwinFourth Monday in March and September. TiftFirst Monday in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Monday in April and October. WorthFourth Monday in January, April, July, and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Lincolnton. J. CECIL DAVIS, Solicitor-General, Warrenton. GlascockThird Monday in February, May, August, and November. LincolnFourth Monday in January, April, July, and October. McDuffieFirst Monday in March, June, September, and December. TaliaferroFourth Monday in February, May, August, and November. WarrenFirst Monday in January, April, July, and October. WilkesFirst Monday in February, May, August, and November. WAYCROSS CIRCUIT. HON. M. D. DICKERSON, Judge, Douglas. A. B. SPENCE, Solicitor-General, Waycross. BaconThird Monday in May and November. BrantleyFirst Monday in June, and fourth Monday in November. CharltonFirst Monday in March and October. CoffeeSecond and third Mondays in March and October. PierceSecond Monday in April and November. WareFirst and second Mondays in May and December.

Page 1322

WESTERN CIRCUIT HON. BLANTON FORTSON, Judge, Athens. HENERY H. WEST, Solicitor-General, Athens. ClarkeFirst Monday in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Monday in February, May, August, and November.

Page 1323

INDEX A ACCOUNTANTS Amendments of Code of 1933 as to State Board 85 Authority to practice and use title as Certified Public Accountant 92 Board of Accountancy, how constituted, etc. 86 Certificates of 90 4 Examinations of 88 , 90 Fees for applicants for certificate 88 Qualifications of 89 Penalty, amendment as to 93 Registration of 89 Renewal of certificate 93 Revocation or suspension of certificate 91 Unlawful practice as 92 ACWORTH School bonds 874 ADJUTANT-GENERAL Accounts of 97 Assistants and employees, discretion of Governor as to 97 Bond of 97 Custodian of military records 97 Duties of 97 Reports of 97 Salary, extra pay 97 ADMINISTRATORS Powers and duties of temporary administrators 326 AGED PERSONS Homes for, in counties of 125,000 or more population, and in adjoining counties 384 AGRICULTURE, DEPARTMENT OF Markets (farmers'), powers as to 369 Oleomargarine stamp tax, powers of department as to 81 2

Page 1324

Screw-worm appropriation to be handled by 8 Term of office for Commissioner 4 years 98 Veterinarians, power to employ 167 ALAPAHA CIRCUIT See Superior Court Calendar, p. 1314 ALBANY CIRCUIT See Superior Court Calendar, p. 1314 ALCOHOLIC BEVERAGE CONTROL ACT Act to be cited as 327 Administration of, by State Revenue Commission 329 Adoption of, by popular vote 344 Alcohol permits 342 Bond of distributor 336 Church assemblages, possession at 342 Contraband articles, etc. 344 Definitions of terms in 331 2 Domestic wines 344 Election as to permit or license 339 Election as to ratification of Act 344 Election, possession at 343 Employment of clerical help by Revenue Commission 338 Exemptions prohibited 340 Felony by making liquor 344 , 345 Hotels 341 Hours of sale 341 Inquiry by Commission 336 Intoxication 342 3 Licensing 332 4 , 338 9 , 341 , 345 Local option 339 40 Making liquor, punishment 344 Minors or habitual drunkards, furnishing to 343 Permits 333 4 , 345 Punishment 344 , 345 Ratification of Act, by election 344 Records of distributors 337 Referendum 344 Refund of tax 336 Regulations by county or municipality 338 Restaurants 341 Returns by distributors 335 Revocation of license or permit 338 School or college grounds, sale on 338 Sunday sales, etc., not allowed 342 Tax on gross receipts of sales 334 Time for payment of tax 337 Transportation into no-permit counties or municipalities 343 Wines, exception as to 344

Page 1325

ALEXANDER H. STEPHENS Highway named for 1247 ALLEN, C. S. Relieved as surety 1284 AMENDMENTS TO CONSTITUTION See Constitution, Amendments Proposed. ANDERSONVILLE Electrical service for, Georgia Power Co. required to furnish 1248 ANDREW JACKSON Highway named for 1247 APPLING COUNTY Commissioners' election 572 Sheriff's bond reduced 573 APPROPRIATIONS Confederate pensions, highway funds to pay 5 Crawford W. Long memorial 7 Jefferson Davis marker 7 School teachers and school-bus operators, highway funds to pay 5 Screw-worm eradication 8 Tax to meet 12 University system, structures of 9 Unpaid, of former years, payment from highway funds 6 ASSESSMENTS See Taxes; and see local Acts. ATHENS Charter amendments 876 ATKINSON COUNTY Sheriff's bond reduced 574 ATLANTA Civil service system for 890 Election of heads of departments 888 Election of waterworks manager 894 Insurance of employees 881 Lakewood loan 887

Page 1326

Officer's ineligibility 884 Pension for Mrs. Blazer 886 Pensions for city employees 445 Pensions for firemen 450 Pensions for widows 456 Pensions on retirement 885 Police, women's department 891 Registration of voters, permanent 888 Relief director, office created 887 Tax discount 889 Taxes, time for paying 889 Warden, office of, abolished 887 Wards, number reduced 891 Women's department of police 891 ATLANTA CIRCUIT See Superior Court Calendar, p. 1314. Additional judge 309 Rules of court, discretion of judges as to 311 Salaries of solicitor-general and assistants 853 ATLANTA, CITY COURT OF Abolished 495 Salary of judge of 497 ATLANTA, CRIMINAL COURT OF Name changed to Criminal Court of Fulton County 498 Salaries 499 ATLANTA, MUNICIPAL COURT OF Act as to, amended 500 Judges' salaries 505 Judges to be elected by people 501 Sales under execution 504 ATLANTIC CIRCUIT See Superior Court Calendar, p. 1314. AUBURN Chain-gang, repeal of Act as to 895 Penalties 896 AUGUSTA Civil service Act amended 897 Mayor's office abolished; new Act as to mayor 911 Water rent collections 915

Page 1327

AUGUSTA CIRCUIT See Superior Court Calendar, p. 1315. Solicitor-general's clerk, salary of 855 AUGUSTA MUNICIPAL COURT Costs in 507 Jurisdiction extended over county 506 Salaries of judge, etc 507 AUTOMOBILES See Taxes. Parking on State-aid roads regulated 443 Tax on dealers 99 B BACON COUNTY Depository and disbursing agent, bond of, reduced 574 Sheriff's bond reduced 575 BAILIFFS Criminal, in counties of 35,000 or more population 115 BAINBRIDGE, CITY COURT OF Juvenile jurisdiction 508 BAKER COUNTY Commissioner's pay 576 Ex-officio clerk of board 576 BANK OF GRAY Refund to, of money paid for peach stamps 1282 BANKS Amendments of banking law as to capital in towns of not more than 2,500 population 101 Depositories for State, additional names 105 Stockholder's liability, assessments, etc. 108 BANKS SUPERIOR COURT Terms of court 312 , 313 BARROW COUNTY Depository, Act as to, repealed 577 Sheriff's bond reduced 578 Treasurer, election, pay bond of 577

Page 1328

BARTOW COUNTY Books missing from ordinary's office, supplied 1255 BATTLEFIELD MEMORIAL AND PARK Congress memorialized for appropriation 1249 BAXLEY Voter's qualifications 918 BEASLEY, MRS. ELIZA L. Appropriation for pension to 1274 BEER See Malt Beverages; Taxes BERRIEN COUNTY Commissioners' terms 578 BIBB COUNTY Primary election date in, repeal of Act as to 402 BIRTHS Certificates of 107 BLACKSHEAR Registration of voters 918 Tax assessments, etc. 920 BLACKSHEAR, GEN. DAVID, HIGHWAY 237 BLAND, MRS. F. M. Relief from bond forfeiture 1284 BLOODY MARSH, BATTLE OF Consent to acquirement of site of, by U. S. 441 BLUE RIDGE New charter 928 BLUE RIDGE CIRCUIT See Superior Court Calendar, p. 1315. BLUFFTON Territorial limits; repeal of Act reducing 968

Page 1329

BOARD OF REGENTS See University System. BOXING, ETC. Permits for, in counties of 200,000 population 361 BROAD RIVER Fishing in, amendment of Act of 1931 as to 377 BROCK, W. G. AND JOHN Relief from bond forfeiture 1285 BROOKS COUNTY Sheriff's bond 580 BROXTON Officers' terms, etc 969 BRUNSWICK Commissioner to act as mayor 971 BRUNSWICK CIRCUIT See Superior Court Calendar, p. 1315. BRUNSWICK, CITY COURT OF Salaries of judge, etc. 513 BRYAN COUNTY Amending Act as to 580 Commissioners, amendments as to 580 Bonds of officers 591 Districts of commissioners 584 Salary 595 Tax-commissioner 593 BUILDING AND LOAN ASSOCIATIONS Conversion of, into Federal associations 346 BUTTS COUNTY Clerk of commissioners, pay of 597 C CAIRO, CITY COURT OF Amendment of Act as to 514 Costs in criminal cases 514

Page 1330

CANDLER COUNTY Tax-commissioner's bond 598 CARROLL COUNTY Ballot boxes and counting ballots in primaries 461 Tax-commissioner's expenses 600 CARROLLTON School funds 973 CARTERSVILLE Aldermen, eligibility as 975 Aldermen, pay of 974 CEDARHAW SCHOOL DISTRICT State Highway Department authorized to purchase bonds of 1250 CHAMBLEE New charter 976 CHARITABLE AGENCIES, ETC. License required for 347 CHARTERS See Corporations; and See local Acts: CHATTAHOOCHEE CIRCUIT See Superior Court Calendar, p. 1315. CHATTAHOOCHEE COUNTY Tax-commissioner 601 CHATTANOOGA PROPERTY OF STATE See State Properties Commission 468 CHATTOOGA COUNTY Books missing, supplied to 1255 Purchases on bids 605 CHEROKEE CIRCUIT See Superior Court Calendar, p. 1316. CHEROKEE COUNTY Sheriff's bond 608 Sheriff's salary and expenses 607

Page 1331

CHEROKEE SUPERIOR COURT Term of, changed 313 , 314 CHILDREN See Juvenile Court. Care of, by welfare department 490 CITIES See Municipal Corporations. CITY COURTS See names of cities. CLASSIFICATION OF PROPERTY See Taxes. CLAXTON, CITY COURT OF Amendment of Act as to 516 Juries in 516 Salary of judge 518 Stenographer, fees 518 CLAY COUNTY Clerk of commissioners, treasurer's duties transferred to 609 Treasurer's office abolished 609 CLERK OF SUPERIOR COURT See County Officers' Salaries, and see local Acts. Salary instead of fees, in certain counties, repeal of Act as to 348 , 349 COASTAL HIGHWAY DISTRICT Allocation of highway certificates to pay bonds of 204 Ceases to exist when 205 COBB COUNTY Books missing from ordinary's office, supplied 1256 COBB SUPERIOR COURT Juries 314 Terms of court 315 COCKSPUR ISLAND Grant of land on, to U. S. 405 CODE AMENDMENTS Acts tabulated 84

Page 1332

CODE OF 1933 Adoption of 85 COFFEE COUNTY Chairman of commissioners, salary of 612 Tax-commissioner's additional pay 611 COLQUITT COUNTY Books missing, supplied to officers 1257 Tax-collector, office created 613 Tax-commissioner, office abolished 615 Tax-officers, repeal of Act as to 615 Tax-receiver, office created 614 COLUMBUS Commission, membership, election, terms 995 COLUMBUS DAY Declared a legal holiday 350 COMMISSIONER OF COMMERCE AND LABOR Term of office, 4 years 107 CONFEDERATE PENSIONS Payment of, from highway funds 5 CONSTITUTION, AMENDMENTS PROPOSED Governor, salary and term of office 1243 Lieutenant-governor, creation of office, etc. 1231 , 1233 Supreme Court, delay in transmiting cases to 1238 Tabulated list of 1231 Taxes, classification of property, limitation of rate, etc. 1240 Terms of constitutional officers 1243 Zoning and planning laws for Moultrie 1234 COOK COUNTY Books missing, supplied to 1258 COOK, F. L. Relief from bond forfeiture 1286 CORDELE CIRCUIT See Superior Court Calendar, p. 1316.

Page 1333

CORONER Death investigations in counties of 200,000 population; Act repealed 351 , 352 CORPORATIONS Charters, granting in chambers 108 Tax on presidents of 13 Tax returns of 14 COUNTIESsee local acts. Conveyance of title to county property 110 Warrants, interest rate for 110 COUNTY CRIMINAL COURT Repeal of Act as to (applicable to county of 6,4586, 462 population) 519 COUNTY OFFICERS, SALARIES See local Acts. In counties of 72,500 to 77,000 population 353 COUNTY PURCHASES AND SALES Prohibited dealings by county employees in certain counties 463 COURT OF APPEALS See Supreme Court. Judges and officers of 1313 Length of terms 162 Terms changed and increased 162 COURTS See Court of Appeals; Municipal Courts; Superior Courts; Supreme Court; and See local Acts. COVENANTS RUNNING WITH LAND Code amendment as to 112 Zoning laws as affecting 113 COWETA CIRCUIT See Superior Court Calendar, p. 1316. COWETA COUNTY Tax-commissioner's salary 616 CRAWFORD Tax assessments 997

Page 1334

CRAWFORD W. LONG MEMORIAL Appropriation for 7 CRIMINAL LAWS See local Acts. Acts tabulated 325 Alcoholic beveragesSee Alcoholic Beverage Control Act; Malt Beverages. Burial, undertaker influencing as to place of 486 Deer hunting in closed county 363 Drug-law violation 436 et seq. Egg-marketing regulations, violation of 367 Endurance contests, violation of law as to 367 Farmers' market regulations, violation of law as to 372 Fires, false reports as to 374 Fish and game law or rule violation 376 , 380 Hunting regulatins, violation of 379 80 Intoxicating liquorSee catchword Liquor, infra. Intoxication at church, etc. 342 3 Intoxication on road, at residence, etc. 343 Juvenile-court jurisdiction 399 Life-insurance law violation 392 Liquor laws, violation of 327 et seq. Machine-guns, violation of law as to 372 Motor-vehiclesSee catchword Parking, infra. Narcotic drug law violation 436 et seq. Obscene pictures, etc.; penalty 158 Parking of vehicles, violation of law as to 443 Plants or seeds, unlawful sale, etc., of 460 , 461 Police-court powers 458 Sunday sale of liquor 341 2 Swine, unlawful importation of 471 Taxes, violation of Act as to 72 Undertaker, inducing employment of 485 Undertaker influencing as to place of burial 485 VehiclesSee catchword Parking, supra. CRIMINAL PROCEDURE Judge to act without jury in criminal case, when 116 CRISP MILITARY HIGHWAY Route of 1251 CUMMING Charter of City of 1001

Page 1335

D DADE COUNTY Tax-commissioner 617 DAHLONEGA Commission government; referendum 1007 Qualified approval of Act 1054 DANCE HALLS, ETC. See Taxes. Permits for, in counties of 200,000 population 361 DANIELSVILLE, CITY COURT OF Referendum as to abolition of 520 DAWSON COUNTY Commissioner, Act as to; referendum 620 Commissioners, repeal of Act creating board 620 DEARING Registration of candidates 1054 DEATHS Certificates of 107 DECATUR Charter amendments 1055 Election ballots 1060 Notice of candidacy 1059 Recall of officer 1058 Registration of voters 1056 Water and sewer connections, contract with other city 1061 DECATUR COUNTY Commissioners; board created; districts; duties; powers 631 DEER HUNTING Closing of county to 363 DEMOCRATIC EXECUTIVE COMMITTEE See Vidalia. DEPOSITORIES Additional State depositories 105 Collateral, deposit of bonds with State treasurer as 106

Page 1336

DISQUALIFICATION Judge's or juror's, by relationship 396 DIVORCE Verdict at first term 482 DIXON, JAMES Relief from bond forfeiture 1287 DOCTOR OF MEDICINE See Medicine, Practice of. DODGE COUNTY Additional powers of commissioner 633 Sheriff's bond reduced 641 Warrants on treasurer, how drawn 640 DOUGLAS, CITY COURT OF Solicitor's salary 522 DOUGLAS COUNTY Tax-commissioner 641 DRUGS See Narcotic Drugs. DUBLIN CIRCUIT See Superior Court Calendar, p. 1316. Salary in lieu of fees for solicitor-general 856 E EARLY COUNTY Repeal of Act abolishing office of treasurer 645 Treasurer's salary 645 EASTERN CIRCUIT See Superior Court Calendar, p. 1317. EASTMAN Election candidates, notice and deposit by 1063 Sale of public property 1065 ECHOLS COUNTY Bond of county officers 646 Voting precinct added 647

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EGGS; MARKETING REGULATIONS Authority to make regulations 366 Certificate by Commissioner of Agriculture 365 Classification of eggs 364 Confiscation 366 Definitions of terms in Act 364 Exemption of product 365 Forms to be filled 365 Fresh Georgia eggs defined 365 Inspection, fee for 366 Invoice, copy of 366 Prosecution for violation of Act 367 Revocation of registration 365 Shipped eggs, meaning of 364 Stamping shells 365 Storage eggs, meaning of 364 Wholesaler defined 366 ELBERTON Utilities, extension of, to county limits 1067 ELECTIONS Ballots in certain counties 117 , 118 Hours in certain counties 118 ELEEMOSYNARY INSTITUTIONS See Aged Persons, Orphans. ELIGIBILITY TO OFFICE See local Acts. General assembly member's eligibility to other office 121 EMANUEL COUNTY Books supplied to 1259 EMORY UNIVERSITY Loan of legislative journals to 1252 EMPLOYMENT SYSTEM Acceptance of Act of Congress as to 439 Appropriations for, how expended 440 Disbursement of funds 440 Governor designated as agent for State; powers 440 ENDURANCE CONTESTS Limitation of 367 Penalty 368

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EVANS COUNTY Tax-commissioner's bond and salary 648 EVIDENCE Competency of witnesses in breach of promise of marriage cases 120 F FANNIN COUNTY Books missing, supplied to 1259 FARMERS' MARKETS Articles unfit for food 370 Charges 370 Commissioner of Agriculture, authority of, as to 369 72 Funds from operation of Act 372 Inspection 371 Location 369 Grading 370 1 Number limited to eight 370 Penalties 370 , 372 Price fixing 371 Producers, when not affected by Act 372 Regulation of 369 72 Separation of grades 371 FELTON, JULE W. Suspension and removal of, from public service commission 1269 FIREARMS Machinegun sales 372 Penalty 373 Permit to buy 373 Record of sale 373 Solicitor's copy of record 373 FIRES Educational institutions, fire escapes for 374 Expense of fire escapes 375 False alarms, reports, etc. 373 Penalty for false alarm 374

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FISH Act of 1931 amended as to Broad river 377 Authority of Commissioner to contract with Federal government as to 375 Federal lands, fishing in streams on, etc. 375 Licenses for nonresidents; fees; use of fund from 380 Passageways for, over dams, etc. 380 Penalties for violation of laws as to 376 , 380 Restocking streams on Federal lands 375 FITZGERALD Advertising rates 1071 Clerk of water, etc., commission, city clerk to be 1069 Board of education 1072 Election of board 1073 Taxes, tax returns 1070 FLAG OF THE STATE Allegiance pledge 1253 Display of 1253 FLINT CIRCUIT See Superior Court Calendar, p. 1317. FORECLOSURE See Sales. FOREST PARK Charter amendments 1074 FREDERICA Consent to acquirement of land at, by U. S. 441 FULLER, A. L. Relief from bond forfeiture 1288 FULTON COUNTY Coroner, repeal of Act as to duties 352 Criminal court of 498 Dance halls, boxing exhibitions, etc., permits for 361 Jury lists in 396 Juvenile courts, salaries 396 , 398 Sewerage or disposal plants 467 Tax-assessors 472 Welfare board 486 FULTON SUPERIOR COURT See Atlanta Circuit. Judges' salaries 316

Page 1340

G GAINESVILLE Policing outside city limits 458 GAME Authority of Commissioner to contract with U. S. Government as to 375 Federal lands, hunting on, etc. 375 Penalty for violating rules as to 376 GAME AND FISH, COMMISSIONER OF See Fish; Game. GENERAL ASSEMBLY Codes furnished to members at cost 1260 Eligibility of member to other office 121 Mileage of 1253 Session, time of reconvening 1234 GEORGIA POWER COMPANY Required to furnish electrical service for Andersonville 1248 GEORGIA SOUTHWESTERN COLLEGE Paving at, directed 1270 GILMER COUNTY Books missing, supplied to 1261 GLASCOCK COUNTY Books missing, supplied to 1262 GLYNN COUNTY Commissioners, board of, abolished; new board created 652 , 653 Tax-commissioner; office created, Act of 1933 repealed 656 , 658 GOVERNOR See LieutenantGovernor. Salary 1244 Term of office, 4 years; proposed amendment of constitution 1243 GRADY COUNTY Tax-commissioner's clerk 659

Page 1341

GREEN, LUCILE McD. Relief from bond forfeiture 1289 GREENSBORO Aldermen's compensation 1084 GRIFFIN CIRCUIT See Superior Court Calendar, p. 1317. H HALL COUNTY Commissioner; repeal of Act creating office 660 Commissioners; new board 661 HANCOCK COUNTY Books missing, supplied to 1263 HARALSON COUNTY Commissioner and clerk 667 Tax-commissioner 670 HARLEM Notice of candidacy for mayor, etc. 1035 HART COUNTY Commissioner; office created; referendum 675 Commissioners; repeal of Act creating board 674 Tax-commissioner; tax offices consolidated 687 Treasurer, commissioner to act as 681 HARTWELL Notice of candidacy 1085 Marshal's sales 1087 Registration of voters 1087 HEALTH, DEPARTMENT OF Certificates of births and deaths by 107 HIGHWAY DEPARTMENT Appropriations to be paid from funds of 6 Confederate pensions, highway funds to pay 6 Funds to be paid into Treasury 6 Purchase by, of bonds of Cedarhaw School District, authorized 1250 School appropriations to be paid from funds of 6 University units, paving at, directed 1270 , 1271 , 1274

Page 1342

HIGHWAYS Acts as to, tabulated 174 Parking vehicles on State-aid roads, regulated 443 HINESVILLE New charter 1088 HISTORICAL MATTER Preservation of, by counties 383 HOLIDAY See Pulaski Memorial Day. Columbus day declared a legal holiday 350 HOMES FOR AGED AND ORPHANS, ETC. In counties of 125,000 or more population 384 HUNTING See Game, and local Acts. Act to regulate 386 Amendment of Code 1933, 45-122, as to 389 Button or tag of licensee 388 Deer hunting, when unlawful 387 Discretion of Commissioner 387 Dove shooting, season for 387 Fund from fines, etc. 389 License for non-resident 387 Penalty 388 Quail, limit as to 388 State Game Protectors, wardens designated as 388 I INCOME TAXES Amendments to law as to 121 Corporation, apportionment of business income of 127 Corporations, rate as to 122 Dates in Code changed 133 Deductions for losses, when not allowed 124 Gross income defined 123 Partnership, partner, defined 137 Refund appropriations 138 Reorganization, in Code, defined 134 INSANE PERSONS Expense of proceeding; sheriff's fee 390

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INSPECTIONS OF STATE INSTITUTIONS, ETC. Expense of 391 INSURANCE Deposits by insurance companies 149 Funeral contracts, prohibition as to 392 Licenses of agents, amendments of Code as to 139 Payable only in legal tender 393 Workmen's compensation; insurance carrier's permits 146 INTANGIBLE PROPERTY See Taxes. INTEREST Limit on debt under small loan Act 395 Small-loan Act amended as to rate of 394 Void contracts; loan not collectible 395 INTOXICATING LIQUOR See Alcoholic Beverage Control Act; Malt Beverages; Wine. INTOXICATION See Criminal Laws. IRWIN COUNTY Commissioners; amendment of Act creating board 690 Tax-commissioner; referendum as to creation of office 697 IRWIN SUPERIOR COURT Terms of 322 J JACKSON Highway named for Andrew Jackson 1247 JACKSON, CITY OF Consolidation of offices 1097 JASPER COUNTY Commissioners, board of; referendum 701 Tax-commissioner; referendum as to creation of office 703 Treasurer's salary 709

Page 1344

JEFF DAVIS COUNTY Sheriff's bond 710 Tax-commissioner; consolidation of offices 711 JEFFERSON DAVIS MARKER Appropriation for 7 JEFFERSON, CITY COURT OF Fines and forfeitures in 523 Terms of 524 JEFFERSON COUNTY Commissioners; members of board; referendum 713 JENKINS COUNTY Parks, historic sites, monuments, etc., authority to acquire land for 444 JESUP, CITY COURT OF Clerk and deputies 524 Sheriff and deputies 525 JOHNSON COUNTY Books missing, supplied to 1263 JONES COUNTY Sheriff's bond 715 JONES, FRANK L. Refund of money paid on forfeiture of bond 1292 JUDGE Disqualification by relationship 396 JURIES Commissioner's ineligibility to succeed himself 151 JURY Disqualification by relationship 396 List of grand jury in counties of 200,000 population 396

Page 1345

JUVENILE COURT Age, amendment as to 401 Amendment of Act as to 399 Appeals; section stricken 401 Crimes, exception to jurisdiction as to, stricken 400 Judge, designation of 401 Judge's salary in counties of 200,000 or more 398 Modification of judgment 403 K KILGORE, WILL Relief from bond forfeiture 1297 KITE, TOWN OF Elections, place of 1099 Official organ 1100 Taxes 1099 KNIGHT, PERRY T. Suspension and removal of, from public service commission 1269 L LaGRANGE, CITY COURT OF Judge's duty as to hearing cases 527 Jurisdiction of 526 LAND GRANT TO UNITED STATES Chatham county lands 403 , 407 LAND SALE BY STATE Marsh land (Racoon Key), sale authorized 408 LANIER, SIDNEY Hall of Fame, N. Y., place in, urged for 1280 LEESBURG, CITY COURT OF Judge's salary 531 Juries in 530 Trial terms 529

Page 1346

LIBERTY COUNTY Commissioners; new board created 717 Commissioners; repeal of Act creating board 716 LIBRARIES Authority to establish, outside of municipal corporations 409 Board, powers of 410 Branches and stations 410 Contracts, power as to 410 LIEUTENANT-GOVERNOR Amendment of constitution as to 1231 , 1233 Creation of office of; proposed amendments of constitution as to 1231 , 1233 Election of 411 LIGHTS FOR VEHICLES Requirement as to 132 LIQUOR See Alcoholic Beverage Control Act; Malt Beverages; Wine. LITHONIA Charter amendments 1100 LULA SCHOOL DISTRICT Amendment of Act as to 849 LUNATICS See Insane Persons. LUMPKIN COUNTY County purchases and sales 463 M MACHINE-GUNS See Firearms. MACON Mayor's salary, etc. 1105 Recorder's court 1106 Tax assessments 1107

Page 1347

MACON CIRCUIT See Superior Court Calendar, p. 1317. Salary of solicitor-general 860 MACON, CITY COURT OF Clerk's appointment, term, pay, etc. 533 Pay of other officers 534 MACON COUNTY Sheriff's bond 724 MACON, MUNICIPAL COURT OF Exceptions from 535 Motion in arrest of judgment in 535 Sale day under execution from 536 MADISON SUPERIOR COURT Terms of, on abolition of city court 317 MALT BEVERAGES Act providing for license and taxes on business of dealing in, etc. 73 Advertising, or solicitation of order for, not prohibited, when 79 Amounts of taxes on business of selling 74 Appointment of funds derived from Act as to 78 Bond of brewer or dealer 76 Brewers defined 73 College grounds, misdemeanor by sale on, etc. 80 Conspiring to evade Act as to 78 County licenses 77 Definitions in Act as to 73 Discretion as to grant of permits to make, sell, etc. 80 Election as to adoption of Act 80 Evading Act as to 78 Exemptions from tax on sales 74 Funds derived from Act, how applied 78 Interest on taxes 78 Invoices of sales, filling 74 6 Laws amended as to 79 Misdemeanor by violation of Act as to 77 8 , 80 Municipal licenses 76 Municipal taxes, power as to 80 Orders for; solicitation not prohibited 79 Penalties for violating Act as to 77 8 , 80 Privilege of making or dealing in, business treated only as 73 , 80 Purpose of Act as to 73

Page 1348

Referendum as to adoption of Act 80 1 Regulations as to, duty to promulgate 73 Reports of sales of 74 6 , 77 , 78 Retail dealers in, defined 73 Revenue Commission's duties in enforcement of Act as to 73 Revocation of license, etc. 76 Rule of Commission as to, penalty for violating 78 Sale on school or college grounds, misdemeanor 80 School fund under Act as to 78 School or college grounds, misdemeanor by sale on 80 Severable provisions of Act as to 73 Solicitation of orders for, not prohibited, when 79 Taxes on business of selling, etc. 74 Time for paying tax 74 Wholesale dealers in, defined 73 MARKETS See Farmers' Markets. MATHIS, W. C. Relief from bond forfeiture 1293 McCAYSVILLE Charter amendments 1119 McDONALD, WALTER R. Suspension and removal of, from public service commission 1269 McDUFFIE COUNTY Code of 1933 for court-room 1251 McQUEEN'S ISLAND Grant of land on, to U.S. 405 MEDICINE, PRACTICE OF Graduation from medical college, requirement as to, amended 412 MEMORIALS See Pulaski Memorial Day. Authority to acquire land for, in certain counties 444 MERIWETHER COUNTY Treasurer's pay increased 725

Page 1349

MERIWETHER SUPERIOR COURT Grand jury 318 METTER, CITY OF Mayor or councilman to be freeholder of 1126 MIDDLE CIRCUIT See Superior Court Calendar, p. 1317 MIDDLEBROOKS, W. P. Relief from bond forfeiture 1294 MILITARY Burial expenses, from riot fund, limit 156 Injured, pay of 155 Hospital expenses 155 Pay for service, minimum 154 MILITARY HIGHWAY Route No. 1, between Columbus and Tennessee designated as 1307 MILITARY MEDALS Act providing for 415 MILLER COUNTY Sheriff's bond 726 MILLER COUNTY, CITY COURT OF Act creating, repealed; new court created 537 , 538 Clerk 540 , 541 Convicts 548 Judge; election, salary, term 549 , 551 Juries 544 Jurisdiction of 538 9 Jury trial 551 Jury, trial without 542 Powers of judge 541 Sheriff 540 1 Solicitor 539 , 550 1 Terms 551 Trial term 547 MISCELLANEOUS CIVIL AND PENAL LAWS Acts tabulated 325

Page 1350

MITCHELL, TOWN OF New charter 1127 MONROE COUNTY Tax-commissioner's pay 726 MONTGOMERY COUNTY Commissioners; board created 728 Commissioners; repeal of Act as to 735 Tax-commissioner; office created 735 MORGAN COUNTY Commissioners, board created 738 Commissioner, single, named, etc.; referendum as to 751 Liquor laws repealed 764 , 765 MOTOR VEHICLES See Automobiles. Amendment of Code of 1933, 68-210-11 157 Fee for registration and license 157 Parking on State-aid roads, regulated 443 MOTOR-VEHICLE TAXES AND LICENSE FEES Ratification of Governor's orders suspending collection of part of 416 MOULTRIE Zoning and planning laws for; proposed amendment of constitution 1234 MUNICIPAL CORPORATIONS Acts as to, tabulated 873 MUNICIPAL COURTS See Atlanta; Augusta; Macon. MUNICIPAL SINKING-FUND BONDS Use of 417 MURRAY COUNTY Board of roads and revenues 765

Page 1351

N NARCOTIC DRUGS Act regulating possession, use, sale of, etc. 418 Administration, etc., by physician, nurse, dentist 427 Affidavit as to use, etc. 435 Bar of prosecution, by former judgment 438 Burden of proof in prosecutions 438 Commissioner of Agriculture, enforcement of Act by 433 , 438 Commitment of addict 436 7 Common carrier's possession of 432 Competency of physician as witness 437 Construction of Act 439 Containers 432 Contempt of court 437 Definitions of terms 422 Examination by physicians 435 Exceptions to the Act 428 False statements, fraud in obtaining drug 437 8 Forfeiture 433 Hospitals 423 , 425 , 433 , 436 Labels 431 License from Board of Pharmacy 425 , 434 Manufacturer 423 , 425 , 430 Misstatements 437 Nurses, administration by 427 Official orders for, requirements as to 426 Parole of addict 436 Persons to whom sales may be made or who may dispense 425 Places deemed nuisances 432 Possession, when lawful 424 , 426 , 432 Prescriptions, requirements as to 427 Privacy 434 , 435 Revocation of license 425 , 434 Records of 429 , 431 , 433 Reports as to treatment, etc. 436 Return of unused part of 428 Restrictions as to use 427 Sales of stock on discontinuing dealing 427 Sales to physicians, etc. 427 Secrecy 434 , 435 Stay of criminal proceeding 436 Treatment of addict; expense 435 6 7 Veterinarians 425 , 428 Violation of Act a felony 438

Page 1352

NATIONAL SHRINES OR PARKS Consent to acquirement of land by U. S. 441 NORTHEASTERN CIRCUIT See Superior Court Calendar, p. 1318. NORTHERN CIRCUIT See Superior Court Calendar, p. 1318. Salary in lieu of fees for solicitor-general 861 O OATH OF ALLEGIANCE See Flag. Teachers, etc., form of oath required of 1305 OBSCENE PICTURES Penitentiary punishment for 158 OCILLA, CITY OF Territorial limits 1164 OCMULGEE CIRCUIT See Superior Court Calendar, p. 1318. OCONEE CIRCUIT See Superior Court Calendar, p. 1319. OFFICERS Terms of constitutional officers of State; proposed amendment of constitution 1243 OGEECHEE CIRCUIT See Superior Court Calendar, p. 1319. Salary in lieu of fees for solicitor-general 866 OGLETHORPE COUNTY Books missing, supplied to 1264 OGLETHORPE HIGHWAY Route of; named as memorial 1268 OKEFENOKEE SWAMP LANDS Consent to U. S. acquiring 442 OKEFENOKEE TRAIL Established 271

Page 1353

OLEOMARGARINE Stamp tax 81 2 OLIVER S. PORTER MEMORIAL ROAD Route designated 272 ORPHANS Homes for, in counties of 125,000 or more population and adjoining counties 384 P PANGLE, E. P. Relief from bond forfeiture 1295 PARKING VEHICLES ON STATE-AID ROADS Regulation of 443 PARKS Authority to establish, in certain counties 444 PATAULA CIRCUIT See Superior Court Calendar, p. 1319 PEACH SUPERIOR COURT Terms of 319 PEMBROKE, CITY OF Clerk and treasurer, office created 1167 PENAL LAWS See Criminal Laws. Acts tabulated 325 PENSION See Confederate Pensions; and see local Acts. Beasley, Eliza A., appropriation for 1274 City employees in cities of 150,000 population; Act amended 445 Firemen's, in such cities 450 Widows, pensions of, in such cities 456 PERRY, JAMES A. Suspension and removal of, from public service commission 1269 PICKENS COUNTY Commissioner; referendum as to repeal of Act 773

Page 1354

PICKENS SUPERIOR COURT Terms of 320 PIEDMONT CIRCUIT See Superior Court Calendar, p. 1319. PIERCE COUNTY Commissioner's residence 774 School superintendent; repeal of Act as to voting for 775 PLANTS Sale or advertising of, when unlawful 460 , 461 PLEDGE See Flag; Oath. POLICE COURT RECORDERS See local Acts. Powers of, in criminal cases 458 POLICING OUTSIDE CITY LIMITS Of 8,623 to 8,625 population 459 POLL TAX 12 PORTER, W. D. Relief from bond 1303 POWER OF SALE See Sales. PRIMARY ELECTIONS See Vidalia. Ballot-boxes and count in certain counties 461 Repeal of Act of 1933 as to date of, in counties of 75,000 to 100,000 population 462 PUBLIC ACCOUNTANTS See Accountants. PUBLIC SERVICE COMMISSION Suspension and removal of members 1269 PULASKI COUNTY Sheriff's bond reduced 775 Treasurer's bond reduced 776 PULASKI MEMORIAL DAY Flag display and exercises on 1275

Page 1355

PUTNAM COUNTY Sheriff's bond reduced 777 Q QUITMAN, CITY OF Charter amendments 1168 R RACCOON KEY Sale authorized 408 RAILROADS See Taxes. Special officers for protection of property of; appointment 465 RANDALL, J. N. Refund of money paid on bond forfeiture 1296 RANDOLPH COUNTY Commissioner, referendum as to creation of 784 Commissioners, board of, abolished 778 Commissioners, board of, created 778 RECEIVERS Administrators of estates as 326 RECORDS See Historical Matter. REGENTS OF STATE UNIVERSITY See University System. RELIEF INFORMATION COMMITTEE Resolution providing for 1276 RESOLUTIONS Tabulated 1246 RICHMOND COUNTY Commissioners' chairman 796 ROADS Commutation tax, repeal of law as to 159 Duty to work on, or pay commutation tax, repeal of law as to 159 Expense of right of way, assistance by county 160

Page 1356

ROMAN CATHOLIC SOCIETY IN AUGUSTA Conveyance of property to authorized 1277 ROME CIRCUIT See Superior Court Calendar, p. 1320. RUSSELL, J. L. Relief from bond forfeiture 1297 S SAINT CHARLES, TOWN OF Repeal of charter 1170 SALES Foreclosure under power of sale, requirements as to 381 Power of sale as security for debt, sales under 381 SAVANNAH Amendments of charter 1171 , 1178 Junior college 1171 Market 1171 Pensions 1172 4 Port authority, powers of 1174 Taxes and licenses for use of streets, etc. 1172 Territorial extensions 1178 Street improvement bonds 1176 SAVANNAH RIVER President urged to include, in scheme of development 1279 SCHOOL DISTRICT See Lula School District. SCHOOLS See local Acts. Appropriations for 5 Beer-tax fund for free text books 78 Bus-operators, payment of, from highway funds 5 Highway funds to pay teachers, etc. 5 Malt beverages, free text-book fund under Act as to 78 Salaries of teachers, payment of, from highway funds 5 Superintendent of, in lieu of Commissioner; proposed amendment of constitution 1236 SCREVEN COUNTY Sheriff's bond, amount 798

Page 1357

SCREW-WORM ERADICATION Appropriation for 8 SEAL OF STATE Renewal of Great Seal 1254 SEED Sale or advertising of, when unlawful 460 SENATE President of, proposed amendment to constitution, that Lieutenant-Governor be 1231 , 1233 SEWERAGE Contracts as to treatment of, in cities of 200,000 population 467 SOUTHERN CIRCUIT See Superior Court Calendar, p. 1320. SOUTHWESTERN CIRCUIT See Superior Court Calendar, p. 1320. SPRINGFIELD Street closing 1131 STAMPS Refund of money paid for peach stamps 1282 STATE DEPOSITORIES Additional names of 106 STATE PROPERTIES COMMISSION Created 468 Insurance 470 Lease, etc., authority to 469 Powers 469 Records, reports 470 Sales by 470 Suits by 470 Taxes or assessments 470 STATE TREASURER Report of 1309

Page 1358

STATE UNIVERSITY See University System. STATESBORO Registration of voters 1181 STEPHENS Highway named for Alexander H. 1247 STEPHENS COUNTY Commissioners, act as to, amended 799 Sheriff's bond reduced 802 , 803 STEPHENS SUPERIOR COURT Terms of 321 STEWART COUNTY Sheriff's bond; amount 804 STONE MOUNTAIN CIRCUIT See Superior Court Calendar, p. 1320. STRIBLING MEMORIAL BRIDGE Designation of bridge as 1283 SUMTER COUNTY Books missing, supplied to 1265 SUPERINTENDENT OF BANKS Fees for examination of credit unions 114 SUPERINTENDENT OF SCHOOLS See Schools. SUPERIOR COURTS See Superior Court Calendar, p. 1314 Acts tabulated as to 309 SUPREME COURT Delay in transmitting case to; proposed amendment to constitution 1238 Judges and officers of 1313 Length of terms 162 Terms changed and increased 161 SURGERY See Medicine, Practice of.

Page 1359

SURVIVAL IN ACTION IN TORT Amendment of Code as to 94 SWAINSBORO, CITY COURT OF Solicitor's age 553 SWINE Unlawful importation of 471 SYLVANIA, CITY COURT OF Emendment of Act as to 554 SYLVESTER CITY COURT Amendments of Act as to 557 T TAFT MEMORIAL HIGHWAY Designated 285 TALBOT COUNTY Sheriff's bond reduced 804 TALLAPOOSA CIRCUIT See Superior Court Calendar, p. 1321 TALLENT, W. H. Relief from bond forteiture 1298 TAX-ASSESSORS Duties and powers of boards of, in counties of 200,00 population 472 Investigations by 473 Pay of secretaries of 472 Tax investigator and assistants 474 TAX-COLLECTORS AS SHERIFFS See local Acts. Repeal of Act as to, in certain counties 475 TAXES Act, general 11 Adding machines 42 Adjusters, insurance 38 Advance payment of 38

Page 1360

Advertising business 14 Agents of corporations 68 Alleys, bowling, etc. 33 Amendment of constitution as to classification, limit, etc., proposed 1240 Amusement parks 15 Appropriations, tax to meet 12 Assessing, power of General Assembly as to method of 1241 Athletic clubs, etc. 15 Auctioneers 15 Automatic sprinklers 51 Automobile dealers in cities of 200,000 99 Automobile financing 56 Automobile garages and parking places 18 Automobile hiring 22 , 23 Automobile or truck dealers 16 , 18 Awning and tent makers 18 Ball and other parks 19 Banks 67 Barber-shops 19 Barber supplies 19 Baseball-parks, selling in 47 Beauty parlors 19 Beer 73 Bicycle dealers 20 Bill boards 14 Bill distributors 20 Bonds, tax to pay 12 Book agents 20 Bottlers (non-resident) 20 Bowling and other alleys 33 Brokers, real estate 20 Brokers, stock and bond 20 Building and loan associations 68 Building and loan company president 13 Building material 40 1 Burglar alarms 21 Burying the dead 54 Butcher plants, agents 47 Cafes, restaurants, lunch-rooms 21 Calculating or weighing machines 42 Carbonated beverages, non-resident delivering for sale 20 Carbonic-acid gas, drinks made from, etc. 21 Cars operated for hire 22 , 23 Cash registers, etc. 42 Cemetery companies, etc. 23

Page 1361

Circuses, menageries, etc. 23 City directories 34 Classification, proposed amendment of constitution as to 1240 Cleaning clothes 49 Coal and coke dealers 23 Collecting and commercial agencies 14 Commercial reporting agencies 24 Commutation tax, repeal of law as to 159 Concerts 24 Convict-made goods, sales tax on 69 Corporation presidents and agents 13 , 68 Corporation returns 14 Corporations 25 33 City or town includes what 69 Clerk of House authorized to number sections, etc. 72 Collecting officers, duties of 68 9 Collector's percentage 69 Constitution, proposed amendment of, as to 1240 Cotton warehouses 54 Criminal violation of law as to 72 Dance halls 33 Default, penalty for 69 Detective agencies 15 Directories 34 Doctors, dentists, etc., (itinerant) 49 Dog, pony, monkey shows 50 Dogs 57 Dry cleaning 34 Dyeing establishments 39 Electric-light company president 13 Electrical contractors 34 Elevated railways, etc. 45 Emigrant agents 34 Employment agencies 35 Executions against delinquents 70 Exemption, claim of 70 Exhibitions 24 Express company president 13 Filling stations 56 Fire-engines and apparatus, dealers in 35 Fish dealers 35 Fish peddlers 56 Foreign corporations 28 Fortune tellers, clairvoyants, etc. 35 Fur dealers 71 2 Fur-dealers' tax, use of proceeds 72

Page 1362

Game tables 18. Games, devices 33 Games, table, stand, or machine for playing 43 Garages 18 Gas company president 13 Gasoline filling stations 56 Gasoline trucks 54 General tax Act 11 Guns, cartridges, etc., dealers in 48 Heating contractors 55 Hospitals, sanitariums 50 Hotels, tourist-camps 35 Ice-cream dealers 36 Ice machines, domestic 46 Income taxes, amendments to law as to 121 Informer's share of fine for violating tax law 69 Injunction against collection, bond of applicant for 70 Insurance agents 36 8 Insurance companies 60 Insurance companies, reduction because of investments 61 Insurance companies, returns by 61 Intangible property, defined, proposed amendment of constitution as to 1240 Investment and loan company president 13 Junk dealers 38 Laundries 39 Legislative agents 39 Lenders on wages, etc. 50 Lighting systems 39 Lightning rods 40 Limitation of, proposed amendment of constitution as to 1240 Live-stock dealers 40 Lobbyists 39 Lumber dealers 40 1 Machinery 43 Malt beverages 73 Malt extract and malt products 55 Manicure shops 19 Manufacturing companies 62 Meats, dealers in 47 Mercantile agencies 14 Merry-go-rounds, swings, scenic devices, etc. 45 Misdemeanor by violation of Act 72 Motion picture supplies 46 Motor-buses 45 Motorcycle dealers 46

Page 1363

Moving pictures, illustrated songs 46 Music and radio programs, copyrighted, collecting royalties, etc. 83 Miniature pool tables 43 Monument dealers 45 Musical instruments, radios, domestic ice machines 46 Navigation company president 13 Newsdealers on railroads 47 Occupational 13 Oil or gasoline trucks 54 Oleomargarine, excise tax on 81 Packing houses, butcher plants 47 Palace-car company president 13 Palmistry 36 Parking places 18 Patent rights 47 Pawnbrokers 48 Payment for part of year 70 Payments of taxes 60 Penalty for default 69 Photographers, etc. 49 Pictures, picture-frame dealers 48 Pistols, etc., dealers in 48 Playing cards, dealers in 49 Plumbing contractors, etc. 55 Poll tax 12 Pressing and cleaning 49 Professional tax 13 Racing contests, place of 19 Radio programs, collecting rents, etc., on 83 Radios, radio supplies 46 Railroad-equipment companies 66 Railroad news, book, fruit, etc., sellers 47 Railroad president 13 Railroads 64 , 66 Reports to Comptroller-General 21 , 27 , 31 , 52 , 55 Returns for taxation, how made 58 Real-estate dealers 21 Refund of payments, resolution as to 1304 Renting agencies 20 Restaurants 21 Returning, etc., power of General Assembly as to method of 1241 Road-duty law repealed 159 Roofing contractors 55 Safes, vaults, dealers in 50 Salary and wage buyers 50 Sales, etc. 42

Page 1364

Sales at auction 15 Sanitariums, etc. 50 Sewing-machines 57 Sheriffs and collecting officers, duties of 68 Shooting galleries, target ranges, etc. 33 Shows 23 , 24 , 25 , 39 , 50 , 51 Skating rinks 50 Sleeping-car company president 13 Sleeping-car companies 65 Sleight-of-hand performers 39 Slot machines, punchboards, etc. 42 Soda-fountains 51 Soft-drink dealers 21 Soft-drinks 51 Steamboat company president 13 Stock and bond dealers 20 Stock valuation 26 , 30 Storage 54 Street fairs, merry-go-rounds, etc. 25 Swimming pools 53 Tables for games 18 Tax adjusters 57 Telegraph or telephone company president 13 Tent makers 18 Territory included in city or town 69 Timber dealers, etc. 40 Time of payment 70 Tinning contractors 55 Toll-bridges, ferries 53 Tombstone dealers 45 Tourist camps 35 Traveling traders in horses, etc. 35 Trust companies 68 Typewriters, dealers in 42 Undertakers 54 Uniformity, rule as to 1240 Used-car dealers 17 Vaudeville shows in tents, etc. 51 Vending machines 43 Veterans' licenses, amendments as to 163 Warehouses, yards for storage 54 Water company president 13 Weapons, dealers in 48 Wine sales, exempt from tax 492 Wood dealers 55 Yards for storage 54

Page 1365

TAX SALES Redemption of property bid in by city at, in 2 years 466 TAXPAYERS' LISTS In counties of 200,000 population 476 TAYLOR, JESSE Relief from bond forfeiture 1299 TEACHERS See Oath of Allegiance; Schools. TELFAIR COUNTY Bond of sheriff and tax-collector, premium on 1307 Books missing, supplied to 1266 Commissioner 805 THOMAS COUNTY Books missing, supplied to 1266 THOMAS, J. R. Relief from bond 1300 THOMASVILLE, CITY COURT OF Amendments of Act as to 564 TIFT SUPERIOR COURT Terms of 322 TIFTON CIRCUIT See Superior Court Calendar, p. 1321. TOBACCO WAREHOUSE CHARGES Limitation of 476 TOOMBS CIRCUIT See Superior Court Calendar, p. 1321. TRAPPING OF ANIMALS, ETC. In counties of 15,934 to 15,944 population; Act of 1929 amended 478 TRAPS FOR FUR-BEARING ANIMALS License for 480 Season for, close of 481

Page 1366

TREASURER, STATE Report of 1310 TRENTON, CITY OF New charter 1183 TREUTLEN COUNTY Board of commissioners created 807 Sheriff's bond reduced 815 Tax-commissioner's bond premium 816 TRIAL AT FIRST TERM Divorce verdicts 481 TRUST-FUND INVESTMENTS Authorized investments in U. S. government securities 483 , 484 Interest 483 Lien of owner or depositor 484 Validation of former investments 483 TURNER SUPERIOR COURT Terms of 322 TWIGGS COUNTY Officer's reports 817 Tax-commissioner 818 TWIN CITY Commissioners, election, terms of office 1211 U UNDERTAKING BUSINESS See Taxes. Inducing employment of undertaker, when unlawful 485 Influencing as to place of burial 486 Penalty 486 UNION CITY Ad valorem tax 1213 UNION COUNTY County treasurer 822

Page 1367

UNIVERSITY SYSTEM Acts as to, tabulated 168 Appropriation for structures of 9 Bonds in redemption of State's obligations 170 Donations, bequests, not affected by Act 172 Fiscal year of Regents 169 Funds from tuition, sale of personalty, etc., disposition and report of 172 Interest on past-due bonds 171 Landscrip fund, obligation, redemption of 170 Paving at units of, directed 1270 , 1271 3 Paving at University 293 Proceeds of sale or lease of property of, how used 169 Redemption of bonds; repeal of 32-134 of Code of 1933 as to 170 1 Regents' powers 171 Sale, etc., of property of 168 Title of State to property of 171 UPSON COUNTY Board of commissioners; salaries; referendum 823 Tax-commissioner 825 V VALDOSTA, CITY COURT OF Act as to, amended 569 VARNER, J. M. Refund of money paid on bond forfeiture 1301 VEHICLES See Automobiles; Lighting Vehicles; Parking. VETERANS See Confederate Pensions; Taxes. Licenses to peddle or conduct business, amendments as to 163 VETERINARIAN Office of, abolished 167 Power to employ veterinarians 167 Salaries 167 VIDALIA Democratic executive committee created, members named 1217 Democratic primary election 1215

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VILLA RICA, CITY OF Charter amendments 1218 W WALKER COUNTY Books missing, supplied to 1267 Road districts 828 WARE COUNTY Tax-collector as sheriff, repeal of Act as to 475 WARREN COUNTY Books missing, supplied to 1268 WASHINGTON COUNTY Commissioners 830 County council 833 Salaries of mayor and councilmen 1223 Taxes; assessments, time of paying, rate 1224 WAYCROSS CIRCUIT See Superior Court Calendar, p. 1321. WEAPONS See Firearms. WELFARE BOARD Act authorizing creation of, in county of 200,000 population 486 Amendment of relief laws 490 Authority as to contracts 488 , 489 , 490 Combining county boards 489 Director 488 Expense of operation 487 Members, terms 487 Objects 488 Powers 488 Probation service 480 Reports 490 School attendance, cooperation in enforcement of 489 Services authorized 489 WELFARE DEPARTMENT Authority to receive and use funds 491 Care of needy children 490 Cooperation with other agencies 490 Specific functions 490

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WEST GEORGIA COLLEGE Paving to, directed 1275 WEST POINT Recorder of 1229 WESTERN CIRCUIT See Superior Court Calendar, p. 1322. WILKES COUNTY Depository 836 WILKINSON COUNTY Sheriff's bond reduced 839 WINE-MAKING REFERENDUM Act providing for 492 Application by producer to sell at retail 492 Commissioner of Agriculture's rules and regulations 493 County election as to manufacture and sale 493 Date of referendum 493 Market bulletin to give methods of making, etc. 492 Ordinary's duty 492 Sales exempt from tax 492 Sales, to whom may be made 492 Wineries 493 WITNESSES See Evidence. WOODRUFF, A. J. Suspension and removal of, from public service commission 1269 WORTH COUNTY Commissioners, amendment of Act as to 842 Tax-commissioner, repeal of Act as to 839 WORTH SUPERIOR COURT Terms of 321 Z ZONING AND PLANNING See Moultrie. Covenants running with land as affected by laws as to 113