Acts and resolutions of the General Assembly of the state of Georgia 1937 [volume 1]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia ATLANTA: STEIN PRINTING COMPANY 19370000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1937 19370000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE ATLANTA STEIN PRINTING COMPANY, State Printer 1937

TABLE OF TITLES PART I.GENERAL PUBLIC LAWS. TITLE I.AMENDMENTS TO CONSTITUTION AS PROPOSED.* TITLE II.APPROPRIATIONS. TITLE III.TAXATION. TITLE IV.GOVERNMENT DEPARTMENTS ESTABLISHED. TITLE V.CODE AMENDMENTS AND REPEALS. TITLE VI.GENERAL CIVIL AND PENAL LAWS. TITLE VII.EDUCATIONSCHOOLSUNIVERSITY SYSTEM. TITLE VIIIHIGHWAYS OF THE STATE. TITLE IX.SUPREME COURT AND COURT OF APPEALS. TITLE X.SUPERIOR COURTS. RESOLUTIONS. TITLE I.CONSTITUTIONAL AMENDMENTS PROPOSED.* PART II.LOCAL AND SPECIAL LAWS. TITLE I.CITY, COUNTY, AND MUNICIPAL COURTS. TITLE II.COUNTIES AND COUNTY MATTERS. TITLE III.SCHOOL CORPORATIONSCHOOL DISTRICT. TITLE IV.SOLICITORS-GENERAL. TITLE V.STENOGRAPHIC REPORTERS IN COURTS. PART III.CORPORATIONS. TITLE I.MUNICIPAL CORPORATIONS. PART IV.RESOLUTIONS. TITLE I.MISCELLANEOUS SUBJECTS.

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1937 PART I.GENERAL PUBLIC LAWS

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TITLE I. AMENDMENTS TO CONSTITUTION. ACTS. Albany Bonded-Debt Increase. Atlanta Bonded Debt. Chatham County Retirement Pay. County Educational Tax. DeKalb County Powers. Dublin Added Bond Debt. Glynn County Zoning Law. Richmond County Loans. Senatorial DistrictFulton County. Supreme CourtDesignation of Judges Instead of Disqualified Justices. Vide Resolutions, Part II, Title IV. Swainsboro City Bond Issue. Tax Exemption of Personalty. TaxationProperty Classification. ALBANY BONDED-DEBT INCREASE. No. 363. An Act to amend Paragraph 1, of Section 7, of Article 7, of the Constitution of the State of Georgia, as now amended, so as to provide for allowing the City of Albany, Georgia, to increase its bonded indebtedness, in addition to, and separate from, the amount of

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debts heretofore allowed under said paragraph, under certain circumstances, for the purpose of purchasing, erecting, building, repairing and/or maintaining a waterworks system. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph 1, of Section 7, of Article 7, of the Constitution of the State of Georgia, as now amended, is hereby further amended by adding at the end of said paragraph the following, to-wit: Article 7, Sec. 7, p. 1. ( 2-5501). Except that the City of Albany, Georgia, from time to time as necessary for the purpose of purchasing, erecting, building, repairing, constructing and/or maintaining (either, any or all of them) a water-works system, including all necessary pipe-lines, pumping-stations, reservoirs, or anything else that may be necessary, convenient or proper for the building, constructing, repairing, maintaining and/or operating a water-works system for the City of Albany, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of four hundred thousand ($400,000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city voting at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Albany. Provided said two-thirds so voting shall be a majority of the registered voters. Albany added to exceptions. So that said paragraph of the Constitution, when amended, shall read as follows, to-wit: Paragraph 1. The debt hereafter incurred by any county, municipal corporation or political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all the

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taxable property therein and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one fifth of one per centum of the assessed value of the taxable property therein, without the assent of two-thirds of the qualified voters thereof, voting at an election for that purpose to be held as prescribed by law: Provided, said two-thirds so voting shall be a majority of the registered voters, and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political divisions of this State to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions are hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special registration, but the validity of any all bond issues by such counties, municipal corporations or other political divisions made prior to January 1st, 1918, shall not be affected hereby. But any city the debt of which does not exceed seven per centum of the assessed value of the taxable property at the time of the adoption of this Constitution may be authorized by law to increase at any time the amount of said debt three per centum upon such assessed valuation; except that the City of Augusta, from time to time, as necessary for the purpose of protection against flood, may incur a bonded indebtedness upon its power-producing canal and municipal water works, in addition to the debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding fifty per centum of the combined value of such properties to be fixed as may be prescribed by law, but said valuation not to exceed a figure five per cent. on which shall represent the net revenue per annum produced by the two such properties together at the time of said valuation, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said

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city at an election or elections for that purpose to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City Council of Augusta. Except that the City of West Point, from time to time as may be necessary for the purpose of protection against floods, may incur a bonded indebtedness in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of seven hundred and fifty thousand dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of West Point. Except that the City of LaGrange, from time to time as necessary for the purpose of repairing, purchasing or constructing waterworks system, including all necessary pipe-line, pumping-stations, reservoirs, or anything else that may be necessary for the building, or constructing or operating a waterworks system for the City of LaGrange, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of five hundred thousand ($500,000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of such city at an election or elections to be held as may be now or may hereafter be prescribed by law for the incurring of new debts by said City of LaGrange. Except that the City of Cornelia, from time to time as necessary for the purpose of repairing, purchasing, or constructing a water-works system for the City of Cornelia, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of two hundred and fifty thousand ($250,000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the

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qualified voters of said city at an election or elections to be held as may now or hereafter be prescribed by law for the incurring of new debts by said City of Cornelia. The city authorities of the City of Cornelia shall set aside and designate each year all of the net revenue derived from the operation of its water-works system, when constructed under the provisions of this Act, for the purpose of paying the interest and retiring its bonded indebtedness incurred under this Act. Except that the City of Albany, Georgia, from time to time as necessary for the purpose of purchasing, erecting, building, repairing, constructing and/or maintaining (either, any or all of them) a water-works system, including all necessary pipe-lines, pumping-stations, reservoirs, or anything else that may be necessary, convenient or proper for the building, constructing, repairing, maintaining and/or operating a water-works system for the City of Albany, may incur a bonded indebtedness, in addition to and separate from the amount of debts hereinbefore in this paragraph allowed to be incurred, to an amount in the aggregate not exceeding the sum of four hundred thousand ($400,000.00) dollars, and such indebtedness not to be incurred except with the assent of two-thirds of the qualified voters of said city voting at an election or elections to be held as may now or may hereafter be prescribed by law for the incurring of new debts by said City of Albany. Provided said two-thirds so voting shall be a majority of the registered voters. Debt for waterworks system, if so voted. Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall be agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the ayes and nays taken thereon, the Governor shall, and he is hereby authorized and instructed to cause said amendment to be published in at least two newspapers in each Congressional District in this State for a period of

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two months next preceding the time of holding the next general election. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is now entitled to vote for members of the General Assembly. All persons voting at such election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballots, For amendment allowing City of Albany to increase its bonded indebtedness for water-works system, and all persons opposed to the adoption of the amendment shall have written or printed on their ballots the words, Against the amendment allowing the City of Albany to increase its bonded indebtedness for water-works system. Submission to popular vote. Section 4. Be it further enacted by the authority aforesaid, That the Governor be and he is hereby authorized and directed to provide for the submission of the amendment proposed in the first section of this Act to a vote of the people as required by the Constitution of this State in Paragraph 1, of Section 1, of Article 13, and by this Act; and if ratified, the Governor shall, when he ascertains such ratification from the Secretary of the State, to whom the returns shall be referred in the manner as in cases of election for members of the General Assembly to count and ascertain the results, issue his proclamation for one [Illegible Text] in one of the daily newspapers of this State, announcing such results and declaring the amendment ratified. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937.

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ATLANTA BONDED DEBT. No. 356. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Atlanta to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1937, and which becomes due up to and including January 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1938; to authorize the City of Atlanta to make temporary loans and to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of revenue received by the City of Atlanta in the year in which said loans were made; to authorize the City of Atlanta to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City of Atlanta; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1 ( 2-5501). And except that the City of Atlanta may issue refunding serial bonds not in excess of the aggregate sum of $2,000,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due

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and unpaid on January 1, 1937, and any bonded indebtedness of said city outstanding and which becomes due up to and including January 1, 1938, and provide for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Atlanta to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the Mayor and General Council, and shall be validated. Atlanta refunding bonds. And except that the City of Atlanta, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the city in that year, said loans to be evidenced by promissory notes signed by the Mayor and Comptroller of the City of Atlanta and previously authorized by resolution approved by a majority vote of the Mayor and General Council of the City of Atlanta at a regular meeting and entered on the minutes of the Council. The aggregate amount of said loans outstanding at any one time shall not exceed fifty per cent. of the total gross receipts of the City of Atlanta from ad valorem taxes in the preceding year, and no new loans shall be made in any year until all loans made in previous years have been paid in full, provided, the failure to pay said loan out of the revenues received by the city in the year the loan is made shall not affect the obligation of the city to pay said loan. Temporary loans. And except, also, that the City of Atlanta, by a majority vote of the Mayor and General Council, may issue notes or debt certificates, to be executed by the Mayor and Comptroller, for the retirement and payment of the deficit and current indebtedness of the City of Atlanta as the same may be at the date of such issues, provided such issues be

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prior to January 1, 1938, and otherwise in an amount not exceeding the said deficit and current indebtedness outstanding on January 1, 1938. Such notes or debt certificates may be issued in such denominations with interest and fall due at such times as the Mayor and General Council may fix, not to exceed five years from the date of their issue. Debt certificates. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Atlanta to issue refunding bonds, to make temporary loans and to retire current deficit, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Atlanta to issue refunding bonds, to make temporary loans and to retire current deficit, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote.

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Section 3. All laws and part of laws in conflict herewith are hereby repealed. Approved March 29, 1937. CHATHAM COUNTY RETIREMENT PAY. No. 357. An Act to amend Paragraph 2, of Section 6, of Article 7, of the Constitution of the State of Georgia authorizing the General Assembly to enact laws to create a retirement fund and system of retirement pay for county officers of Chatham County 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 Constitution of the State of Georgia is hereby amended as follows, to-wit: By adding to Paragraph 2, of Section 6, of Article 7, thereof the following words, to-wit: Art. 7, Sec. 6, p. 2, ( 2-5402). The General Assembly shall have authority, however, to enact laws authorizing the County of Chatham to create a retirement fund and a system of retirement pay for county employees and levy taxes for that purpose and to enact laws establishing rules of tenure of office for such employees. Tax for retirement fund. Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such

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amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Chatham to create a retirement fund and system of retirement pay for county employees of said county; 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 2, of Section 6, of Article 7, of the Constitution authorizing the Legislature to enact laws authorizing the County of Chatham to create a retirement fund and system of retirement pay for county employees of said county. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Submission to vote.

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Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937. COUNTY EDUCATIONAL TAX. No. 360. An Act to amend Paragraph 2, of Section 6, of Article 7, of the Constitution of the State of Georgia by directing the county authorities of all counties having wholly or partly within their boundaries a city of not less than 200,000 population to levy a tax not exceeding 1 mills for educational purposes throughout the entire county, instead of authorizing a levy not exceeding 1 mill throughout the entire county. 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 Constitution of this State is hereby amended as follows, to-wit: By striking from Paragraph 2, of Section 6, of Article 7, of the Constitution the following words, to-wit: Furthermore, in any county in the State which has wholly or partly within its boundaries a city of not less than 200,000 population, the county authorities thereof are hereby authorized to levy a tax not exceeding 1 mill for educational purposes on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them, and by adding in lieu thereof the following: Furthermore, in any county in the State which has wholly or partly within its boundaries a city of not less than 200,000 population the county authorities thereof are hereby directed upon the request of the board

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of education of such county annually to levy a tax not exceeding 1 mills for educational purposes, on all the taxable property throughout the entire county, including territory embraced in independent school systems, the same to be appropriated to the use of the county board of education and to educational work directed by them. Art. 7, Sec. 6, p. 2, ( 2-5402). Tax for education. Section 2. Be it further enacted by the authority aforesaid, That whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly, and the same has been entered on their Journals, with the yeas and nays taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election. Section 3. Be it further enacted by the authority aforesaid, That the above proposed amendment shall be submitted for ratification or rejection to the electors of this State at the next general election to be held after the publication as provided for in the second section of this Act, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Paragraph 2, of Section 6, of Article 7, of the Constitution authorizing 1 mill county-wide tax for educational purposes in counties having cities of more than 200,000 population, wholly or partly within their boundaries; 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 2, of Section 6, of Article 7, of the Constitution authorizing 1 mill county-wide tax for educational purposes

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in counties having cities of more than 200,000 population, wholly or partly within their boundaries. If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof. Submission to vote. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937. DEKALB COUNTY POWERS. No. 349. An Act to propose to the qualified voters of Georgia an amendment to Article 11, Section 1, of the Constitution of this State by adding at the end of said section a new paragraph as follows: The governing authorities of the County of DeKalb shall have authority to establish and administer within the bounds of the County of DeKalb districts for fire prevention, sanitation, sewerage and/or water, and to establish and administer in such districts systems of fire prevention, sanitation, sewerage and/or water, and to levy taxes and/or special assessments therefor on property in said districts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 11, Section 1, of the Constitution

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of the State of Georgia be amended by adding at the end of said section a new paragraph as follows: Art. 11, Sec. 1, p. 1, ( 2-1825). The governing authorities of the County of DeKalb shall have authority to establish and administer within the bounds of the County of DeKalb districts for fire prevention, sanitation, and/or water, and to establish and administer in such districts systems of fire prevention, sanitation, and/or water, and to levy taxes and/or special assessments not exceeding 5 mills therefor on property in said districts, and for other purposes. Taxes for fire, sanitation, water. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said general election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article 11, Section 1, of the Constitution of Georgia authorizing DeKalb County to establish and administer districts for fire prevention, sanitation, sewerage and/or water and to establish and administer systems of fire prevention, sanitation, sewerage and/or water in said districts, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment to Article 11, Section 1, of the Constitution of Georgia, authorizing DeKalb County to establish and administer districts for fire prevention, sanitation, sewerage and/or water and to establish and administer systems of fire prevention, sanitation, sewerage and/or water in said districts, and if a majority of said electors qualified to vote for member of the General Assembly, voting

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thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 11, Section 1, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Submission to vote Approved March 27, 1937. DUBLIN ADDED BOND DEBT. No. 41 An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize the City of Dublin to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid up to and including January 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusive for the retirement of said bonded indebtedness that is or may become due and unpaid as of January 1, 1938; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to wit: Art. 7, Sec. 7. p. 1, ( 2.5501). And except that the City of Dublin may issue refunding serial bonds not in excess of the aggregate sum of forty thousand ($40,000.00) dollars, for the purpose of refunding

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and retiring any bonded indebtedness of said city outstanding, past due and unpaid up to and including January 1, 1938, and providing for the assessment and collection of an annual tax, sufficient in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City of Dublin to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of January 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the mayor and board of aldermen and shall be validated as provided by law. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Dublin to issue refunding bonds, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City of Dublin to issue refunding bonds. And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution

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of the State, and the Governor shall make a proclamation therefor, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1937. GLYNN COUNTY ZONING LAW. No. 359. An Act to propose to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution of said State, by adding thereto an additional paragraph numbered 26, which shall authorize the General Assembly to grant to the governing authorities of the County of Glynn authority to pass zoning laws, or planning laws, whereby the county may be zoned or districted for various uses, and other or different uses prohibited therein, and regulating the plans for development and improvement of real estate therein, and to authorize taxation therefor, and shall ratify any such authority heretofore undertaken to be granted by the General Assembly to any such county, and acts done pursuant 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 Article 3, Section 7, of the Constitution of Georgia be amended by adding thereto the following paragraph, to-wit: Paragraph 26. The General Assembly of the State shall have authority to grant to the governing authorities of the County of Glynn authority to pass zoning and planning laws whereby such county may be zoned or districted for various uses and other and different uses prohibited therein, to regulate the uses for which said zones or districts may be set apart, and to regulate the plans for development and improvement of real estate therein. The

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General Assembly is given general authority to authorize such county to pass zoning and planning laws, and to levy and collect a tax therefor; and as the date of the ratification hereof Acts of the General Assembly heretofore passed, undertaking to grant such authority to such county, and acts of the county authorities regularly done pursuant to such Acts of the General Assembly are hereby ratified and confirmed. Art. 3, Sec. 7, p. 26, ( 2.1826). Zoning laws and tax. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by a two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District of the State for two months prior to the time for holding the next general election, and shall at the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article 3, Section 7, of the Constitution of Georgia, by adding Paragraph 26 thereto and authorizing the Legislature to grant to the governing authorities of the County of Glynn authority to pass zoning and planning laws, and ratifying the Acts of the Legislature heretofore passed, undertaking to grant such authority to such county and acts done pursuant thereto, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against the ratification of amendment to Article 3, Section 7, of the Constitution of Georgia, by adding Paragraph 26 thereto and authorizing the Legislature to grant to the governing authorities of the County of Glynn authority to pass zoning and planning laws, and ratifying the Acts of the Legislature heretofore passed, undertaking to grant such authority to such county and acts done pursuant thereto. And if a majority of said electors qualified

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to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 3, Section 7, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Submission to vote. Approved March 29, 1937. RICHMOND COUNTY LOANS. No. 3. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, so as to authorize Richmond County to make temporary loans; to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of the taxes received by the county in the year in which said loans are made; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: And except that Richmond County, in addition to the debts hereinbefore allowed, make temporary loans between March 1st and December 1st in each year, to be paid out of the taxes received by the county in that year, said loans to be evidenced by promissory notes signed by the chairman and clerk of the board having charge of the levying of taxes in said county and previously authorized by resolution by a majority vote at a regular monthly meeting of such board entered on the minutes. The aggregate amount of said

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loans outstanding at any one time shall not exceed fifty per cent. of the total gross income of the county from taxes and other sources in the preceding year, and no new loans shall be made in one year until all loans made in the previous year have been paid in full. Art. 7, Sec. 7, p. 1, ( 2-5401). Temporary loans. Limit. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, and shall, at the next general election, be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment to Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Richmond County to make temporary loans, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing Richmond County to make temporary loans, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendment shall become a part of Article 7, Section 7, Paragraph 1, of the Constitution of this State, and the Governor shall make a proclamation therefor as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 5, 1937.

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SENATORIAL DISTRICTFULTON COUNTY. No. 350. An Act proposing to the qualified voters of Georgia an amendment to Article 3, Section 2, of the Constitution of Georgia, creating a new Senatorial District to be composed of the County of Fulton. Resolved by the General Assembly of Georgia: Section 1. That Article 3, Section 2, of the Constitution of Georgia be and the same is hereby amended by striking from the second line of Paragraph 1 thereof the words fifty-one and inserting in lieu thereof the words fifty-two, by striking from the third line thereof the words fifty-one and inserting in lieu thereof the words fifty-two so that said Paragraph 1, of Section 2, of Article 3, as amended, shall read as follows: Paragraph 1. Number of Senators and Senatorial districts. The Senate shall consist of fifty-two members. There shall be fifty-two Senatorial Districts, as now arranged by counties. Each District shall have one Senator. Art. 3, Sec. 2, ( 2-1301). Section 2. That said Article 3, Section 2, of the Constitution of Georgia be amended by striking from subparagraph 35 of Paragraph 2 thereof the word Fulton and by adding at the end of said Paragraph 2 a new subsection to be numbered 52 and to read as follows: 52. The Fifty-second Senatorial District shall be composed of the County of Fulton, so that said Paragraph 2, of Section 2, of Article 3, of the Constitution as amended shall read as follows: Fulton County District 52. Paragraph 2. Senatorial Districts Enumerated. 1. The First Senatorial District shall be composed of the counties of Chatham, Bryan and Effingham. 2. The Second Senatorial District shall be composed of the counties of Liberty, Tattnall, McIntosh and Long.

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3. The Third Senatorial District shall be composed of the counties of Wayne, Appling, Jeff Davis and Brantley. 4. The Fourth Senatorial District shall be composed of the counties of Glynn, Camden and Charlton. 5. The Fifth Senatorial District shall be composed of the counties of Ware, Clinch and Atkinson. 6. The Sixth Senatorial District shall be composed of the counties of Echols, Lowndes, Berrien, Cook and Lanier. 7. The Seventh Senatorial District shall be composed of the counties of Brooks, Thomas and Grady. 8. The Eighth Senatorial District shall be composed of the counties of Decatur, Mitchell, Miller and Seminole. 9. The Ninth Senatorial District shall be composed of the counties of Early, Calhoun and Baker. 10. The Tenth Senatorial District shall be composed of the counties of Dougherty, Lee and Worth. 11. The Eleventh Senatorial District shall be composed of the counties of Clay, Randolph and Terrell. 12. The Twelfth Senatorial District shall be composed of the counties of Stewart, Webster and Quitman. 13. The Thirteenth Senatorial District shall be composed of the counties of Sumter, Schley and Macon. 14. The Fourteenth Senatorial District shall be composed of the counties of Dooly, Pulaski and Bleckley. 15. The Fifteenth Senatorial District shall be composed of the counties of Wheeler, Montgomery and Toombs. 16. The Sixteenth Senatorial District shall be composed of the counties of Laurens, Emanuel, Johnson and Treutlen. 17. The Seventeenth Senatorial District shall be composed of the counties of Screven, Burke and Jenkins.

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18. The Eighteenth Senatorial District shall be composed of the counties of Richmond, Glascock and Jefferson. 19. The Nineteenth Senatorial District shall be composed of the counties of Taliaferro, Greene and Warren. 20. The Twentieth Senatorial District shall be composed of the counties of Baldwin, Hancock and Washington. 21. The Twenty-first Senatorial District shall be composed of the counties of Twiggs, Wilkinson and Jones. 22. The Twenty-second Senatorial District shall be composed of the counties of Bibb, Monroe, Pike and Lamar. 23. The Twenty-third Senatorial District shall be composed of the counties of Houston, Crawford, Taylor and Peach. 24. The Twenty-fourth Senatorial District shall be composed of the counties of Muscogee, Marion and Chattahoochee. 25. The Twenty-fifth Senatorial District shall be composed of the counties of Harris, Upson and Talbot. 26. The Twenty-sixth Senatorial District shall be composed of the counties of Spalding, Butts and Fayette. 27. The Twenty-seventh Senatorial District shall be composed of the counties of Barrow, Walton and Oconee. 28. The Twenty-eighth Senatorial District shall be composed of the counties of Jasper, Putnam and Morgan. 29. The Twenty-ninth Senatorial District shall be composed of the counties of Columbia, Lincoln and McDuffie. 30. The Thirtieth Senatorial District shall be composed of the counties of Elbert, Madison and Hart. 31. The Thirty-first Senatorial District shall be composed of the counties of Franklin, Habersham and Stephens.

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32. The Thirty-second Senatorial District shall be composed of the counties of White, Dawson and Lumpkin. 33. The Thirty-third Senatorial District shall be composed of the counties of Hall, Banks and Jackson. 34. The Thirty-fourth Senatorial District shall be composed of the counties of DeKalb, Rockdale and Newton. 35. The Thirty-fifth Senatorial District shall be composed of the counties of Clayton and Henry. 36. The Thirty-sixth Senatorial District shall be composed of the counties of Coweta and Meriwether. 37. The Thirty-seventh Senatorial District shall be composed of the counties of Carroll, Heard and Troup. 38. The Thirty-eighth Senatorial District shall be composed of the counties of Haralson, Polk and Paulding. 39. The Thirty-ninth Senatorial District shall be composed of the counties of Cherokee, Cobb and Douglas. 40. The Fortieth Senatorial District shall be composed of the counties of Union, Towns and Rabun. 41. The Forty-first Senatorial District shall be composed of the counties of Pickens, Fannin and Gilmer. 42. The Forty-second Senatorial District shall be composed of the counties of Bartow, Floyd and Chattooga. 43. The Forty-third Senatorial District shall be composed of the counties of Murray, Gordon and Whitfield. 44. The Forty-fourth Senatorial District shall be composed of the counties of Walker, Dade and Catoosa. 45. The Forty-fifth Senatorial District shall be composed of the counties of Irwin, Ben Hill and Telfair. 46. The Forty-sixth Senatorial District shall be composed of the counties of Bacon, Pierce and Coffee.

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47. The Forty-seventh Senatorial District shall be composed of the counties of Colquitt, Tift and Turner. 48. The Forty-eighth Senatorial District shall be composed of the counties of Crisp, Wilcox and Dodge. 49. The Forty-ninth Senatorial District shall be composed of the counties of Bulloch, Candler and Evans. 50. The Fiftieth Senatorial District shall be composed of the counties of Clarke, Oglethorpe and Wilkes. 51. The Fifty-first Senatorial District shall be composed of the counties of Gwinnett and Forsyth. 52. The Fifty-second Senatorial District shall be composed of the county of Fulton. Section 3. This amendment shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election, and shall be submitted to the qualified voters of Georgia for ratification or rejection at the next general election. Those desiring to vote in favor of the ratification of said amendment shall have written or printed on their ballots the words For ratification of amendment to Article 3, Section 2, of the Constitution of Georgia, creating a new Senatorial District to be composed of Fulton County; and those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words Against ratification of amendment to Article 3, Section 2, of the Constitution of Georgia, creating a new Senatorial District to be composed of Fulton County. If at the next general election a majority of those voting shall vote in favor of the ratification of this amendment, upon consolidation and ascertainment of the result as provided by law, the same shall become a part of Article 3, Section 2, of the Constitution of Georgia and the Governor shall make proclamation thereof as provided by law. Submission to vote. Approved March 29, 1937.

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SUPREME COURTDESIGNATION OF JUDGES INSTEAD OF DISQUALIFIED JUSTICES. No. 361. An Act to amend Section 2, of Article 6, of the Constitution of Georgia, by striking Paragraph 1, of said Section 2, and substituting in lieu thereof a new paragraph to be known as Paragraph 2, of Section 2, of Article 6, of said Constitution; to provide, where one or more judges of the Supreme Court are disqualified from deciding any case, the method in which a qualified judge or judges shall be designated to preside; to provide means for the prevention of delay from congested dockets; to provide for the submission of said amendment to the qualified voters of the State for ratification; 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 2, of Article 6, of the Constitution of the State of Georgia, is amended by striking Paragraph 2, of said section and inserting in lieu thereof a new paragraph to be known as Paragraph 2, of Section 2, of Article 6, of the Constitution of Georgia, which shall read as follows: Art. 6, Sec. 2, p. 2, ( 2-3002). Paragraph 2. The court to designate judges to preside, when; means for Supreme Court to prevent delay in congested dockets: When one or more of the judges of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside in said case. Designation by Justices. Section 2. Be it further enacted, That if these amendments shall be agreed to by two-thirds of the members of the General Assembly of each House, the same shall be entered on their Journals and the yeas and nays taken thereon and the Governor shall cause the amendments

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to be published in one or more of the newspapers in each Congressional District for at least two months immediately preceding the next general election and the same shall be submitted to the people at the next general election and all persons voting at said election in favor of adopting the proposed amendment to the Constitution set out in Section 1, of this Act, shall have written or printed on their ballots the words: For ratification of the amendment to Section 2, of Article 6, of the Constitution of Georgia, providing for a new paragraph relating to disposition of cases, in the Supreme Court, where one or more of the justices are disqualified, and prevention of delays from congested dockets, and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words: Against ratification of the amendment to Section 2, of Article 6, of the Constitution of Georgia, providing for a new paragraph relating to disposition of cases, in the Supreme Court, where one or more of the justices are disqualified, and prevention of delays from congested dockets. If a majority of electors qualified to vote in favor of the ratification as shown by the consolidation of the returns made as now provided by law for election of members of the said General Assembly, then said amendment shall become Paragraph 2, of Section 2, of Article 6, of the Constitution of this State, and the Governor shall make proclamation thereof. Submission to vote. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. SWAINSBORO CITY BOND ISSUE. No. 358. An Act to propose to the qualified voters of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the

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Constitution of Georgia, so as to authorize the City Council of the City of Swainsboro to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and laws of Georgia for the purpose of refunding and retiring its existing bonded indebtedness due and unpaid as of January 1, 1937, and which becomes due up to and including May 1, 1938; to provide that the funds raised from such additional bonded indebtedness shall be used exclusively for the retirement of said bonded indebtedness that is or may become due and unpaid as of May 1, 1938; to authorize the City of Swainsboro to make temporary loans and to limit the aggregate amount of said loans outstanding at any one time; to provide that said loans must be paid off out of revenue received by the City of Swainsboro in the year in which said loans were made; to authorize the City of Swainsboro to issue notes or debt certificates for the retirement and payment of the deficit and current indebtedness of the City Council of the City of Swainsboro; to provide the terms of their issue; to provide for the submission of the amendment for ratification by the people; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Article 7, Section 7, Paragraph 1, of the Constitution of Georgia, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph in the following words, to-wit: Art. 7, Sec. 7, p. 1, ( 2-5501). And except that the City Council of the City of Swainsboro may issue refunding serial bonds not in excess of the aggregate sum of $15,000.00 for the purpose of refunding and retiring any bonded indebtedness of said city outstanding, past due and unpaid on January 1, 1937, and any bonded indebtedness of said city outstanding and which becomes due up to and including May 1, 1938, and provide for the assessment and collection of an annual tax, sufficient

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in amount to pay the principal and interest of said bonds as they fall due; the proceeds of all such refunding bonds so issued by the City Council of the City of Swainsboro to be used exclusively for the purpose of paying and retiring said bonded indebtedness that is or may become due and unpaid as of May 1, 1938. Said refunding bonds shall be issued when authorized by a vote of the Mayor and City Council, and shall be validated. Refunding bonds. And except that the City Council of the City of Swainsboro, in addition to the debts hereinbefore allowed, may make temporary loans between January 1st and December 31st of each year, to be paid out of the revenues received by the city in that year, said loans to be evidenced by promissory notes signed by the Mayor and Chairman of the Finance Committee of the City Council of the City of Swainsboro and previously authorized by resolution approved by a majority vote of the Mayor and City Council of the City of Swainsboro at a regular meeting and entered on the minutes of the Council. The aggregate amount of said loans outstanding at any one time shall not exceed 50% of the total gross receipts of the City Council of the City of Swainsboro from ad valorem taxes in the preceding year, and no new loans shall be made in any year until all loans made in previous years have been paid in full, provided, the failure to pay said loan out of the revenues received by the city in the year the loan is made shall not affect the obligation of the city to pay said loan. Temporary loans. And except, also, that the City Council of the City of Swainsboro, by a majority vote of the Mayor and City Council, may issue notes or debt certificates, to be executed by the Mayor and Chairman of the Finance Committee, for the retirement and payment of the deficit and current indebtedness of the City of Swainsboro as the same may be at the date of such issues, provided such issues be prior to January 1, 1938. Such notes or debt certificates may be issued in such denominations with interest and fall due

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at such times as the Mayor and City Council may fix, not to exceed five years from the date of their issue. Debt certificates. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members of each House, with the ayes and nays thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this State may be voted on, and shall, at said next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, For ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City Council of the City of Swainsboro to issue refunding bonds, to make temporary loans and to retire current deficit, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against ratification of amendment of Article 7, Section 7, Paragraph 1, of the Constitution, authorizing the City Council of the City of Swainsboro to issue refunding bonds, to make temporary loans and to retire current deficit, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof, when the results shall be consolidated as now required by law in election for members of the General Assembly, the said amendments shall become part of Article 7, Section 7, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation thereof, as provided by law. Submission to vote. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1937.

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TAX EXEMPTION OF PERSONALTY. No. 162. An Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph 2, Section 2, of Article 7, of the Constitution of the State of Georgia so as to exempt from ad valorem taxation, the owner of personal property, of all clothing and also personal property not exceeding $300.00 in actual value, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That Paragraph 2, Section 2, of Article 7, of the Constitution of Georgia is hereby amended by adding at the end of Paragraph 2, Section 2, of Article 7, of the Constitution of the State of Georgia, the following: Art. 7, Sec. 2, p. 2, ( 2-5002). There is hereby exempted of owners, beginning January 1, 1938, from all ad valorem taxation, State, County, Municipal, and School District, all clothing, household, and kitchen furniture and all other personal property except as hereafter excepted, not to exceed $300.00 in actual value. Provided the person or persons herein entitled to exemption shall register such exemption of personalty, giving a full description thereof, upon such forms, terms and manner as shall be prescribed by the General Assembly of Georgia. Provided further that the value of the property in excess of said exempted personal property shall be subject to taxation, as now or hereafter provided by law. The words `personal property' or `personalty' wherever used in this bill, shall be defined as personal property used and included solely within the home, domestic animals, tools and implements of trade of manual laborers. This exemption, shall not include motor vehicles. Tax exemption of personalty. Section 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 with the yeas and nays thereon, and shall be published in one or

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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 Article 7, Section 2, Paragraph 2, of the Constitution exempting $300.00 in actual value from ad valorem taxation in clothing and personal property to every owner of personal property. All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: Against the ratification of amendment to Paragraph 2, Section 2, Article 7, of the Constitution, exempting $300.00 in actual value from ad valorem taxation in clothing and personal property to every owner of personal property, and if the majority of the electors qualified to vote for the members of the General Assembly voting thereon shall vote for ratification thereof, when the return shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof be made to the Governor, then he shall declare said amendment adopted and make proclamation of the results by one (1) insertion in one of the daily papers of this State declaring the amendment ratified. Submission to vote. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1937. TAXATIONPROPERTY CLASSIFICATION. No. 52. An Act to propose to the qualified voters of the State of Georgia an amendment to Paragraph 1, Section 2, of

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Article 7, of the Constitution of the State of Georgia, so as to authorize the General Assembly to classify property for taxation and to adopt different rates and methods for taxing different classes of property; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Paragraph 1, of Section 2, of Article 7, of the Constitution of the State of Georgia be and the same is hereby amended by striking all of said paragraph and inserting in lieu thereof as Paragraph 1, Section 2, of Article 7, of said Constitution, the following, to-wit: Art. 7, Sec. 2, p. 1, ( 2-5001). All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for taxation of property shall consist of tangible property, and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods for different classes of such property. Classification of property. Section 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 adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment of Paragraph 1, Section 2, Article 7, of the Constitution,

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authorizing classification of property for taxation and the adoption of different rates and methods for different classes of property, 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 1, Section 2, Article 7, of the Constitution, authorizing the classification of property for taxation and the adoption of different rates and methods for different classes of property, 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 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 vote. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 22, 1937.

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TITLE II. APPROPRIATIONS ACTS. General Appropriations to June 30, 1937. General AppropriationsTwo Years Ending June 30, 1939. Milledgeville State Hospital Debt. Salaries of Comptroller-General and Treasurer. GENERAL APPROPRIATIONS TO JUNE 30, 1937. No. 2. An Act to make appropriations for the operation of the State government, for the support of its eleemosynary institutions, for aid to the University System and to common schools of the State, for aid to the counties for roads, and for the payment of the public debt and the interest thereon, for the half-year ending June 30, 1937; to provide for a reduction in the sums appropriated for certain purposes in the event of a deficiency in revenue in the period covered under this Act; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenue shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide that 3% of certain revenues allocated under existing laws for special purposes shall be paid into the General Fund of the Treasury to reimburse the general government cost allocable to such special purposes; and to repeal conflicting laws.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That the sums of money hereinafter set out are appropriated for the half-year ending June 30, 1937. Time limit. SECTION 1. AGRICULTURE, DEPARTMENT OF. (a) For the operating cost of the Farmers Markets 97% of the allocation fixed by law. Farmers Markets. (b) For the operating cost of administering the Egg Marketing Act 97% of the allocation fixed by law. Egg marketing. (c) For all other operating cost of the department $ 120,000.00 Operating cost. (d) For the cost of the Veterinarian's work as defined by law as to duties of eradicating cattletick, hog cholera, contagious disease of animals contaminous to humans, and other duties $ 17,500.00 Veterinarian. SECTION 2. AUDITS, DEPARTMENT OF. (a) For the operating cost of the department $ 32,500.00 Audits. SECTION 3. BANKING, DEPARTMENT OF. (a) For the operating cost of the department 97% of the allocation fixed by law. Banking. SECTION 4. COMPTROLLER-GENERAL. (a) For the operating cost of administering the Motor Carriers Tax Act Allocation fixed by law. Motor carrier laws.

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(b) For the operating cost of administering the Fire Inspection Act Allocation fixed by law. Fire inspection. (c) For all other operating cost of the department $ 75,000.00 Operation of department. Provided, that the Comptroller-General is hereby authorized and directed to pay into the General Fund of the State Treasury of 1% of the gasoline and kerosene taxes collected, to cover the cost of collecting and the expense of the Oil Inspection Bureau, which cost is provided for in the item next preceding. SECTION 5. EDUCATION, DEPARTMENT OF. (a) For grants for aid to common schools and the consolidated schools; for vocational education; for vocational rehabilitation; for the salaries of county school superintendents; for the operating cost of the department $2,325,000.00 Grants for schools, etc. Provided, that the State Board of Education is authorized to make allotments from this sum for the purposes named in the item, subject to the provisions of the Budget Act. Allotments. Provided, further, that the funds arising from the sale of State-owned automobiles, under the Act approved March 15, 1933, shall be paid to the common schools of the State to be immediately available. Automobile sale fund.

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(b) For grants for aid to the common and consolidated schools under the provisions of the Common School Equalization Act Allocation fixed by law. Grants under Equalization Act. (c) For free textbooks for the children attending common schools Allocation fixed by law. Textbooks. SECTION 6. ENTOMOLOGIST, STATE. (a) For the operating cost of the department $ 25,000.00 Entomology operation. (b) For promotions and protections of the Bee Industry $ 6,000.00 Bee industry. SECTION 7. FORESTRY AND GEOLOGICAL DEVELOPMENT, DEPARTMENT OF. (a) For the operating cost of the department $ 25,000.00 Forestry and geology operation. (b) For water resources investigation and surveys of the State in cooperation with the United States Geological Survey $ 7,500.00 Water surveys. SECTION 8. GAME AND FISH, DEPARTMENT OF. (a) For the operating cost of the department 97% of the allocation fixed by law. Game and fish. SECTION 9. GOVERNOR. (a) For the operating cost of the Governor's office; of the office of Supervisor of Purchases; of the office of Keeper of Public

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Buildings and Grounds; for maintenance of buildings and of the Confederate Cemetery at Marietta; and for insurance on public property not otherwise provided for $ 45,000.00 Governor's office, purchases, public buildings, cemetery, insurance. Provided, that the State Agency having in charge any State property shall pay the premium of insurance on such property. Insurance premiums. (b) For the operating cost of the State Employment Director, in cooperation with the Federal Government $ 30,000.00 Employment director. (c) For an emergency fund for allotment under the provisions of Section 8 of the Budget Act $ 37,500.00 Emergency fund. Provided, that any part of this item unallotted shall lapse at June 30, 1937. Lapse. (d) For the purchase and distribution of the Code of 1933 in accordance with Sections 101-207 of the Code $ 29,250.00 Code distribution. SECTION 10. HIGHWAYS, DEPARTMENT OF. (a) For the operating cost of the department and the construction and maintenance of the State road system and for the payment of maturing highway certificates of indebtedness as provided in Code Section 2-5601 97% of the allocation fixed by law. Highway operating cost.

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SECTION 11. INDUSTRIAL RELATIONS, DEPARTMENT OF. (a) For the operating cost of the Division of Commerce and Labor $ 7,500.00 Commerce and Labor. (b) For the operating cost for administering the Workmen's Compensation Act Allocation fixed by law. Workmen's compensation. SECTION 12. LAW, DEPARTMENT OF. (a) For the operating cost of the department $ 20,000.00 Law Department. SECTION 13. LIBRARY. (a) For the operating cost of the department including purchase of publications $ 7,500.00 State Library operation. Provided, that the salary of the State Librarian shall be $2,400.00 per annum, and the fees for commissioning Notaries Public shall be paid into the General Fund of the State Treasury. (b) For printing and distributing the reports of the Supreme and Appeals Court $ 7,500.00 Reports of decisions. SECTION 14. LIBRARY COMMISSION. (a) For the operating cost of the Commission and the purchase of publications $ 5,000.00 Library Commission. SECTION 15. MILITARY, DEPARTMENT OF. (a) For the operating cost of the department and aid to the Military Organization $ 20,000.00 Military Department.

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(b) For the expenses when necessary in performing the duties set out in Chapter 86-13 and 86-14 of the Code of 1933 $ 12,500.00 Expenses. SECTION 16. NAVAL STORES SUPERVISING INSPECTOR. (a) For the compensation of the Supervising Naval Stores Inspector 97% of the allocation fixed by law. Naval stores inspector. SECTION 17. PRISON COMMISSION. (a) For the operating cost of the Commission and for rewards for arrest of felons $ 16,000.00 Prison Commission operation. (b) For the operating cost of the Prison Farm in Baldwin County $ 50,000.00 Baldwin Prison Farm. (c) For the operating cost of the Prison Farm in Tattnall County $ 12,500.00 Tattnall Prison Farm. SECTION 18. PUBLIC HEALTH, DEPARTMENT OF. (a) For the operating cost of the department $ 125,000.00 Health Department. SECTION 19. PUBLIC SERVICE COMMISSION. (a) For the operating cost of the Commission 97% of the allocation fixed by law. Public Service Commission. SECTION 20. REVENUE COMMISSION. (a) For the operating cost to administer the Malt Beverage Act 97% of the allocation fixed by law. Revenue CommissionMalt Beverage Act.

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(b) For all other operating cost of the Division of Cigar and Cigarette and Delinquent Taxes $ 42,500.00 Cigars, cigarettes, delinquents. Provided, that $30,000.00 of the cigar and cigarette tax collections shall be paid into the General Fund of the State Treasury to cover the cost of collecting provided for by this item. (c) For the operating cost of the Division of Income Tax $ 50,000.00 Income taxes. (d) For refunds of overpayments of income tax as provided by law $ 25,000.00 Refunds. (e) For the operating cost of the Division of Motor Vehicle Registration, not including the cost of tags $ 40,000.00 Motor vehicle registration. Provided, that $40,000.00 of the Motor Vehicle Registration License Tax is hereby directed to be paid into the General Fund of the State Treasury to reimburse the General Fund for the appropriation provided in this item. License fund reimbursement. SECTION 21. SECRETARY OF STATE. (a) For the operating cost of the department other than provided in items (b) and (c) $ 17,500.00 Secretary of State operations. (b) For the operating cost to administer the laws regulating the practice of professions 97% of the allocation fixed by law. (c) For the operating cost to administer the Securities Law 97% of the allocation fixed by law.

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SECTION 22. STATE TREASURER. (a) For the operating cost of the department $ 17,000.00 Treasury operation. (b) For the interest on public debt, including the constitutional debt to the University System $ 90,000.00 Interest on public debt. (c) For the Sinking Fund for payment of the principal of the public debt Allocation fixed by law. Sinking fund. (d) For the redemption of Western and Atlantic Railroad rental discounts Allocation fixed by law. W. A. R. rental discounts. (e) For grants to counties for aid on county road construction and maintenance 97% of the allocation fixed by law. County roads. SUPREME COURTCOURT OF APPEALSSUPERIOR COURTS (f) For the operating cost of the Supreme Court $ 41,699.76 Supreme Court operating cost. This item includes $5,199.76 not drawn by the Supreme Court for expenses in 1936, and now needed for expenses of library including new Annotated Georgia Codes and necessary contingent expenses. (g) For the operating cost of the Court of Appeals $ 38,720.00 Court of Appeals operating cost.

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This item includes $1,720.00 not drawn by the Court of Appeals for expenses in 1936 and now needed for library fund and necessary contingent expenses. (h) For the salaries and fees of judges and solicitors general of Superior Courts $ 103,000.00 Superior Court judges and solicitors general. LEGISLATIVE DEPARTMENT (i) For compensation as fixed by law and for mileage at the rate of 10c per mile for one round trip for each session and any and all extraordinary sessions of the General Assembly, of the President and members of the Senate and of the Speaker and members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and doorkeepers of Senate and House of Representatives as fixed by law; for the actual travel expenses of members of legislative committees; for supplies, repairs, printing and other incidental expenses of the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly and, for publishing Constitutional A m e n dments $ 210,000.00 Compensation and expenses.

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(j) For the redemption of the principal of the public debt in addition to item (c) $ 100,000.00 SECTION 23. VETERANS' SERVICE OFFICE. (a) For pensions to Confederate soldiers and widows, for funeral expenses, and for operating cost of the department Allocation fixed by law. Veterans' Service. Provided, that from the allocation not more than $15,000.00 may be used for the operating cost of the department. Operating cost. SECTION 24. ELEEMOSYNARY INSTITUTIONS, BOARD OF CONTROL OF. (a) For the operating cost of the Board of the Division of Public Welfare; of the Milledgeville State Hospital, of the Tuberculosis Sanatorium, of the School for Mental Defectives, of the School for the Deaf, of the Academy for the Blind, of the Training School for Boys, of the Training School for Girls, and of the Confederate Soldiers Home including the weekly allowance to inmates $ 900,000.00 Eleemosynary institutions. Provided, that the Board of Control or other operating agency is hereby authorized to make allotments from this sum to the institutions and activities under its control, subject to the provisions of the Budget Act. Allotments.

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SECTION 25. UNIVERSITY SYSTEM, REGENTS OF. (a) For the operating cost of the Regents and for aid to the University System $ 666,666.66 Regents of University System. (b) For lands, buildings and equipment for the University System $ 433,333.34 Equipment. Provided, that this item includes and is in lieu of $333,333.34 appropriated by Act approved March 28, 1935, which said Act is hereby repealed. Proviso repeal. Section 26. In the event that the funds available for paying the fixed sum appropriations herein made should be less than the total sum of such appropriations, then such appropriations shall be reduced pro rata in the amount of such deficiency, provided, however, that the sums appropriated for the principal of and interest on the public debt, and for the judicial and legislative branches of the government shall not be affected by the provisions of this section. Reduction pro rata proviso. The sums so stricken under the provisions of this section are hereby declared annulled and the sums remaining after the application of the provisions of this section shall be the appropriations for the purposes named in lieu of the amounts set out in this Act. Stricken sums. The cash balances in the State Treasury at the beginning of the period covered by this Act, which have not been appropriated or allocated by law, shall be available for paying the appropriations herein made. Balances available. Section 27. Wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws, such fixed sums are in lieu

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and/or inclusive of such allocated revenues, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the period for which fixed sums are appropriated under the within Act. The State agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury, and at the beginning of the period covered by this Act, the State Treasurer is directed to transfer to the General Fund any balances held in allocated funds so affected by the provisions of this section. Allocated revenues. Payments to Treasury. Section 28. Wherever in this Act there is appropriated 97% of the allocation fixed by law for purposes for which said revenues are allocated under existing laws, the operation of all such laws in excess of the 97% appropriated in this Act are hereby suspended for the period covered by this Act, and the State agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay the 3% excess over the amount appropriated into the General Fund of the State Treasury to reimburse the General Fund for general governmental cost allocable to said special funds. Suspension of allocations. Section 29. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 1, 1937. GENERAL APPROPRIATIONSTWO YEARS ENDING JUNE 30, 1939 No. 377 An Act to make appropriations for the operation of the State government, for the support of its eleemosynary institutions, for aid to the University System and to the common schools of the State for aid to the counties

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for roads, for the payment of the public debt and the interest thereon, and for all other governmental activities authorized by law, for the fiscal years ending June 30, 1938 and 1939; to provide for a reduction in the sums appropriated for certain purposes in the event of a deficiency in revenue in the periods covered under this Act; to suspend the operation of parts of Acts allocating certain revenue for special purposes, so that such revenue shall be paid into the General Fund of the State Treasury to reimburse the General Fund for the payment of appropriations herein made in fixed amounts in lieu of such allocated revenues; to provide that 3% of certain revenues allocated under existing laws for special purposes shall be paid into the General Fund of the Treasury to reimburse the general governmental cost allocable to such special purposes; this Act shall apply for the fiscal years ending June 30, 1938 and June 30th, 1939, and to each and every year thereafter until amended or repealed by laws as appropriated for the fiscal year ending June 30, 1939; and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That the sums of money hereinafter set out are appropriated for each of the fiscal years ending June 30, 1938 and June 30, 1939. SECTION 1. GOVERNOR. (a) For the operating cost of the Governor's office; of the office of the Supervisor of Purchases; of the office of the Keeper of Public Buildings and Grounds; for maintenance of public buildings and grounds and of the Confederate Cemetery at Marietta, the Confederate

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Cemetery at Cassville, Resaca and other Confederate cemeteries over the State, and for insurance on public property not otherwise provided for $ 100,000.00 Governor's office, purchases, public buildings and grounds, cemeteries, insurance. Provided, that the State Agency having in charge any State property shall pay the premium of insurance on such property. Insurance premiums. (b) For an emergency fund for allotment under the provisions of Section 8 of the Budget Act $ 100,000.00 Emergency fund. Provided, that any part of this item unallotted in the fiscal year for which appropriated shall lapse at the end of that fiscal year. Proviso. (c) In addition to item (b) there is hereby appropriated the sum of thirty-three thousand ($33,000.00) dollars, to be available immediately for the purpose of repairing, renovating, air conditioning and placing in a sanitary condition the Governor's office, the Senate Chamber and offices and the Hall of the House of Representatives and offices. The appropriation made in this item shall be for the fiscal year 1938 only. For repairs to and equipment for the Executive Mansion, to be in addition to any

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other appropriation made for the Executive Mansion, the sum of $25,000.00, or so much thereof as may be necessary. Repairs to offices and mansion. SECTION 2. SECRETARY OF STATE. (a) For the operating cost to administer the laws regulating the practice of professions 97% of the allocation fixed by law. Operating costs. (b) For the operating cost to administer the Securities Law 97% of the allocation fixed by law. (c) For all other operating cost of the department and repairs $ 35,000.00 SECTION 3. COMPTROLLER-GENERAL. (a) For the operating cost to administer the Motor Carriers Tax Act Allocation fixed by law. Operating costs. (b) For the operating cost to administer the Fire Inspection Act Allocation fixed by law. (c) For the operating cost to administer the Motor Fuel Tax Act Allocation fixed by law. (d) For the operating cost of all other activities of the department $ 150,000.00

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SECTION 4. STATE TREASURY. (a) For the redemption of the principal of the public debt through the Sinking Fund Allocation fixed by law. Public debt. (b) For the redemption of the principal of the public debt in addition to item (a) $ 100,000.00 Principal. (c) For the interest on public debt, including $8,000.00 to the University System on the bank stock debt $ 175,000.00 Interest. (d) For the redemption of the Western and Atlantic Railroad rental discounts Allocation fixed by law W. A. rental discounts. (e) For the operating cost of the Treasury Department $ 30,000.00 (f) For grants to counties for aid to county road construction and maintenance 97% of the allocation fixed by law. Counties, for roads. JUDICIARY. (g) For the operating cost of the Supreme Court $ 87,000.00 (h) For the operating cost of the Court of Appeals $ 74,000.00 (i) For the operating cost of the Superior Courts $ 214,000.00

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LEGISLATIVE DEPARTMENT (j) For compensation as fixed by law and for mileage at the rate of 10c per mile for one round trip for each session and any and all extraordinary sessions of the General Assembly, of the President and members of the Senate, and of the Speaker and members of the House of Representatives; for the compensation of the Secretary of the Senate, of the Clerk of the House of Representatives, of the messengers and doorkeepers of Senate, and House of Representatives as fixed by law, for the actual travel expenses of members of legislative committees; for supplies, repairs, printing and other incidental expenses of the General Assembly; for publishing and distributing the Acts and Journals of the General Assembly and the Codes of Georgia; and, for publishing Constitutional Amendments: For the fiscal year 1938, to be immediately available $ 25,000.00 For the fiscal year 1939 $ 200,000.00 SECTION 5. LAW, DEPARTMENT OF. (a) For the operating cost of the department $ 50,000.00 Law Department.

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SECTION 6. LIBRARY. (a) For the operating cost of the department $ 10,000.00 State Library operation. (b) For the purchase of new books and publications $ 7,500.00 New books. (c) For printing and distributing the reports of the Supreme and Appeals Court $ 12,500.00 Reports of decisions. SECTION 7. AUDITS, DEPARTMENT OF. (a) For the operating cost of the department $ 85,000.00 Auditing Department. SECTION 8. REVENUE COMMISSION. (a) For the operating cost to administer the Malt Beverage Act 97% of the allocation fixed by law. Revenue CommissionMalt Beverage law. (b) For the operating cost to administer any other revenue act for which there is an allocation provided by law 97% of the allocation fixed by law. Operating cost. (c) For refunds of overpayment of income tax as provided by law $ 50,000.00 Refunds. (d) For all other operating cost of the Commission $ 300,000.00 Other operating costs. Provided, that 5% of the Motor Vehicle Registration License Tax is hereby directed to be paid into the General Fund of the State Treasury to reimburse for collection cost provided for in this item. Proviso.

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SECTION 9. BANKING, DEPARTMENT OF. (a) For the operating cost of the department 97% of the allocation fixed by law. Banking Department. SECTION 10. LABOR, DEPARTMENT OF. (a) For the operating cost of administering the Workmen's Compensation Act Allocation fixed by law. Labor Department. (b) For the operating cost of the State Employment Office, in cooperation with the Federal Government $ 75,000.00 Employment office operation. Provided, that in the event the State Employment Office is attached by law to a department other than the Labor Department the appropriation in this item shall be to the department to which the employment service is attached. Proviso. (c) For the operating cost of all other activities of the department $ 25,000.00 Other operating costs. SECTION 11. MILITARY, DEPARTMENT OF. (a) For the operating cost of the department and aid to the Military Organization $ 70,000.00 Operating cost. Provided that $10,000.00 of this amount shall be immediately available. (b) For the expenses when necessary in performing the duties set out in Chapter 86-13 and 86-14 of the Code of 1933 $ 15,000.00 Expenses.

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Provided, that of this item $5,000.00 or so much thereof as may be needed, may, with the approval of the Governor, be used to pay compensation to any member or members of the National Guard who shall have been or may be injured in the performance of official duties through no negligence or viciousness of the injured member. Proviso. SECTION 12. PUBLIC SERVICE COMMISSION. (a) For the operating cost of the Commission 97% of the allocation fixed by law. Public Service Commission. SECTION 13. VETERANS' SERVICE OFFICE. (a) For the operating cost of the department $ 30,000.00 Veterans' Service. SECTION 14. AGRICULTURE, DEPARTMENT OF. (a) For the operating cost of all activities of the department 97% of all fees, rents, sales, collected by the department. Agricultural Department operating cost. Provided, that from this appropriation the Commissioner of Agriculture is authorized and directed to liquidate the valid debts of the department, and Provisos. Provided, further, that the State Treasurer is authorized and directed to advance from the General Fund not exceeding $100,000.00 in the period of July 1, to December 31, 1937, for operating

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funds for the Department of Agriculture to be repaid to the General Fund in the period January 1-June 30, 1938. Provided that 20% of all revenues hereby allocated to the Department of Agriculture is hereby reallocated to the State Veterinarian to pay all valid outstanding debts of the Veterinary Division and to pay the expenses of carrying on the various work and duties delegated to the State Veterinarian by law. SECTION 15. ENTOMOLOGIST, STATE. (a) For the operating cost of all activities of the department $ 76,000.00 Entomology Department operations. Provided, however, that of the sum appropriated in this section so much of the sum of $10,000.00 for each of the fiscal years 1938, and 1939, be used solely in the eradication of diseases of bees in Georgia. (b) To cooperate with the Federal Government in reviving the Sea Island cotton industry in the State of Georgia of which $3,500.00 to be made immediately available $ 7,500.00 Sea Island cotton co-operation. The sum appropriated in this subsection shall be in addition to the sum $76,000.00, appropriated in subsection (a).

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SECTION 16. NATURAL RESOURCES, DEPARTMENT OF. (a) For the operating cost of the Division of Wild Life 97% of the allocation fixed by law. Natural Resources Department operations. (b) For the operating cost of the Division of Forestry $ 95,300.00 Provided, further, that from this item $10,000.00 in each of the fiscal years, shall be allotted for the purpose of further developing the paper pulp industry in this State, conditional on the receipt of donations of at least double this amount in each year for the same purpose. (c) For the operating cost of the Division of Mines, Mining and Geology $ 60,000.00 Mines and Geology. Provided, that from this item $15,000.00 in each of the fiscal years shall be allotted to the work of stream gauging and water analysis in this State in cooperation with the U. S. Geological Survey. Allotment. Provided, further, that from this item a competent mining engineer shall be employed to make a survey of the State from the standpoint of economic production of gold and other minerals in cooperation with School of Mines of Georgia School of Technology, and North Georgia College in the discretion of Board of Regents. Engineer's survey.

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(d) For the operating cost of the Division of State Parks, Historic Sites and Monuments $ 50,000.00 State parks. Provided, that from this item the director of the division is authorized to purchase the John B. Gordon home site at a cost not exceeding $6,500.00, Gordon home. Provided, that from the appropriations made in this section shall be paid the operating cost of the office of the Commissioner of Natural Resources as may be equably assessed to each division by the Commissioner. Commissioner of Natural Resources. Provided, that from this item the director of the division is authorized to use $5,000.00 or so much thereof as may be necessary in paving the sidewalks and roads within the Confederate Cemetery at Marietta. Confederate Cemetery. Provided, that from this item the director of the division is authorized to purchase the Old Fort King George site adjoining the City of Darien and McIntosh County at a cost not exceeding $1,500.00. Old Fort King George site. SECTION 17. NAVAL STORES SUPERVISING INSPECTOR. (a) For the compensation of the Supervising Naval Stores Inspector 97% of the allocation fixed by law. Naval inspection.

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SECTION 18. HIGHWAYS, DEPARTMENT OF. (a) For the operating cost of the department, the construction and maintenance of the State road system, the payment of highway certificates of the indebtedness as provided by law, and for any other purposes authorized by law 97% of the allocation fixed by law. Highway Department operations. SECTION 19. STATE PLANNING BOARD. (a) For the operating cost of the Board $ 15,000.00 Planning Board. SECTION 20. PUBLIC SAFETY COMMISSION. (a) For the operating cost of the Commission 97% of the allocation fixed by law. Public Safety Commission. Provided, that the appropriation for either fiscal year shall not exceed $350,000.00, as provided in the Act approved March 19, 1937. Proviso. SECTION 21. PRISON COMMISSION. (a) For the operating cost of the Commission and for rewards for arrest of felons $ 40,000.00 Prison Commission. (b) For the operating cost of the Prison Farms $ 125,000.00 Farms. (c) For the rents or amortization of the purchase contract of Tattnall Prison and/or for the construction of prison buildings on the State's property in Tattnall County $ 100,000.00 Tattnall Prison.

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(d) For equipment for Tattnall Prison $ 100,000.00 Equipment. That the sum of two thousand dollars be appropriated for the purchase of 35 acres of land and house located in center of State Farm. Land purchase. SECTION 22. PUBLIC WELFARE, DEPARTMENT OF. (a) For the pension to Confederate soldiers and widows Allocation fixed by law. Confederate pensions. (b) For other pensions provided by law $3,150,000.00 (c) For the support and maintenance of the State institutions under the control and management of this department $2,000,000.00 State institutions. Provided the Public Welfare Department shall use thirty thousand dollars of the above amount or so much thereof as may be necessary for the construction of a cold storage plant at the Milledgeville State Hospital for the processing and curing of Georgia cattle and hogs for use of said hospital. Proviso. (d) For the operating cost of the department and the cost of other activities authorized by law $ 382,500.00 Operating cost.

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SECTION 23. PUBLIC HEALTH, DEPARTMENT OF. (a) For the operating cost of the Tuberculosis Sanatorium $ 240,000.00 Tuberculosis Sanatorium operating cost. (b) For the operating cost of the activities of the department $ 600,000.00 SECTION 24. EDUCATION, DEPARTMENT OF. (a) For grants for aid to the common schools under the provisions of the common schools Equalization Act Allocation fixed by law. Aid to common schools. (b) For free textbooks for the children attending common schools Allocation fixed by law. Textbooks. (c) For grants for aid to the common schools; for matching in full vocational education and vocational rehabilitation funds in cooperation with the Federal Government; for the salaries of county school superintendents; for the operating cost of the department; and for any and all other expenses by law payable from the Common Schools Fund, except as provided in items (a) and (b) $9,256,000.00 Grants, operating costs, salaries and expenses. Provided, that for the fiscal year ending June 30, 1939, the amount appropriated shall be $9,637,000.00, and provided further that the amounts set

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out under item (c) of this section and appropriated for the fiscal years ending June 30, 1938, and June 30, 1939, respectively, except as to the amounts allocated by law for free textbooks, and appropriated under item (b) hereof, shall be inclusive of, and not in addition to, all amounts realized from taxes, fees and collections specially allocated for the support of the common schools under Paragraph 1, of Section 3, of Article 8, of the Constitution and/or any special law now, or hereafter to become operative, making specific allocations for the support of the common schools. Proviso. SECTION 25. LIBRARY COMMISSION. (a) For the operating cost of the Commission $ 10,000.00 Library Commission. (b) For publications for the system of free traveling libraries in rural sections $ 7,500.00 Traveling libraries. SECTION 26. UNIVERSITY SYSTEM, REGENTS OF. (a) For the operating cost of the Regents and for aid to the University System $1,750,000.00 Regents of University System. (b) For new buildings and equipment $ 300,000.00 Provided, that for the year ending June 30, 1939, the amount appropriated shall be $400,000.00 for buildings. Provisos.

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Provided, however, that the right to receive the amount appropriated for building purposes for the fiscal year 1939 may be transferred and assigned prior to the time when it is payable by the Board of Regents of the University System, at a discount of not more than 4% per annum, if in the opinion of the Board of Regents by so discounting for cash the right to receive the said payment they will be the better able to obtain a supplementing of said building fund from the Federal Government or any department or agency thereof in connection with any plan or policy of said Federal Government to supplement funds for a building program. And the said Board of Regents, through such officers as they may direct, are authorized to execute such contract or other documents as may be necessary or appropriate for this purpose. Tobacco. (c) For experimental purposes in the treatment and cultivation of shade tobacco, and other types of tobacco $ 20,000.00 Soil conservation. (d) For the operating cost of the State Soil Conservation Committee $ 10,000.00 Section 27. In the event that the funds available for paying the fixed sum appropriation herein made should be less than the total sum of appropriations, then such appropriations shall be reduced, pro rata in the amount of such deficiency; provided, however, that the sums appropriated

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for the principal of and interest on the public debt, and for the judicial and legislative branches of the government shall not be affected by the provisions of this section. Reductions pro rata. The sums so stricken under the provisions of this section are hereby declared annulled and the sums remaining after the application of the provisions of this section shall be the appropriations for the purposes named, in lieu of the amounts set out in this Act. Section 28. Wherever in this Act fixed sums are appropriated for purposes for which State revenues are allocated under existing laws, such fixed sums are in lieu and/or inclusive of such allocated revenues, and the operation of parts of Acts so allocating revenues for specific purposes is hereby suspended for the periods for which fixed sums are appropriated under the within Act. The State agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay all of said revenues into the General Fund of the State Treasury, and at the beginning of the periods covered by this Act, the State Treasurer is directed to transfer to the General Fund any balances held in allocated funds so affected by the provisions of this section. Sums in lieu of allocations. Section 29. Wherever in this Act there is appropriated 97% of the allocation fixed by law for purposes for which such revenues are allocated under existing laws, the operation of all such laws in excess of the 97% appropriated in this Act are hereby suspended for the periods covered by this Act, and the State Agencies charged with the duty of collecting the revenues affected by the provisions of this section are hereby directed to pay the 3% excess over the amount appropriated into the General Fund of the State Treasury to reimburse the General Fund for general governmental cost allocable to said special funds. Payments to Treasury.

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Section 30. This Act shall apply for the fiscal years ending June 30, 1938, and June 30, 1939, and to each and every year thereafter until amended or repealed by laws as appropriated for the fiscal year ending June 30, 1939. Fiscal years. Section 31. In the event any duties, purposes and objects for which appropriations are made in this Act, shall be transferred under authority of law to a State agency other than that to which appropriated, the appropriations for such duties, purposes and objects shall follow to such State agency to which the duties are transferred; and, in case the appropriation to be so transferred is not a separate item, the Governor, the State Auditor, and the head of the State agency to which the appropriation is made in this Act, are authorized to determine the amount to be transferred and set up to the transferee State agency. Nothing in this section shall be construed to increase any appropriation for the duties, purposes and objects named in this Act. Appropriations follow transfers. Section 32. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 30, 1937. MILLEDGEVILLE STATE HOSPITAL DEBT No. 6 An Act to appropriate money for the purpose of paying the legal unpaid indebtedness of the Milledgeville State Hospital incurred prior to January 1, 1937, in the amount of $319,547.63; 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 the sum of $319,547.63 is hereby appropriated to pay the unpaid legal indebtedness incurred

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before January 1, 1937, for the support and maintenance of the Milledgeville State Hospital, the same to be paid out of any funds in the Treasury not otherwise appropriated. Debt of State Hospital. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 5, 1937. SALARIES OF COMPTROLLER-GENERAL AND TREASURER No. 51 An Act to appropriate $10,566.67 for the payment of the salaries of Wm. B. Harrison, as Comptroller-General of Georgia and George B. Hamilton, as Treasurer of the State of Georgia, from the 24th day of February, 1936, until the 12th day of January, 1937, and for other purposes. Whereas, Eugene Talmadge, Governor of Georgia, did by two executive orders, dated February 24, 1936, suspend from office as Comptroller-General of Georgia the Honorable Wm. B. Harrison; and from office as Treasurer of Georgia the Honorable George B. Hamilton, and Whereas, the General Assembly of Georgia by separate resolutions did on the 26th day of January, 1937, disapprove said suspensions and ordered the said Wm. B. Harrison and George B. Hamilton restored to said offices instanter; and, Whereas, it appears that such suspensions were unwarranted and entirely without cause and that the said Wm. B. Harrison and George B. Hamilton have been unjustly deprived of said offices and the emoluments thereof from the

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24th day of February, 1936, until the 12th day of January, 1937: Therefore Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the sum of five thousand three hundred and sixty-six dollars and sixty-seven cents ($5,366.67) be, and the same is hereby appropriated for the payment of the salary of the said Wm. B. Harrison as Comptroller-General of Georgia from the 24th day of February, 1936, to the 12th day of January, 1937, and that the sum of five thousand two hundred sixty-six dollars and sixty-seven cents ($5,266.67) be and the same is hereby appropriated for the payment of the salary of George B. Hamilton as Treasurer of the State of Georgia from the 24th day of February, 1936, to the 12th day of January, 1937, the same to be paid from any funds not otherwise appropriated in the State Treasury upon warrants drawn by the Governor and payable respectively to the said Wm. B. Harrison as Comptroller-General of the State of Georgia and to said George B. Hamilton, as Treasurer of the State of Georgia. Salaries to officers illegally suspended. Section 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 February 22, 1937.

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TITLE III. TAXATION ACTS. Chain-Store Tax. Cigar and Cigarette License and Tax. Income-Tax Laws Amended. Malt-Beverage Tax Law Amended. Motor-Buses, Trucks, TrailersMaintenance Tax and Registration. Motor-Fuel Tax Law. CHAIN-STORE TAX. No. 355. An Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores, and fixing an occupation tax thereon; to define store and chain of stores as used in the Act; to provide for certain duties of the State Revenue Commission in connection therewith; to provide for the collection of the tax and its allocation and the manner in which, and conditions on which its legality may be inquired into; to provide penalties for a violation thereof; providing that if any part of this Act be declared invalid, the invalidity shall not affect other portions of it; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That for the privilege of opening, establishing, operating, maintaining, or continuing in the business of operating within this State a store or a chain of stores as defined in this Act, each person, firm, corporation, association, or partnership, trust or joint stock company, or any

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firm or association of persons however organized or whatever be the plan of operation, shall be required to obtain from the State Revenue Commission a license, non-transferable, to conduct such business, and shall pay an annual tax therefor in addition to the other specific, business and occupational taxes now and hereafter provided by law which tax shall be as follows: License-tax additional to other taxes. For the 1st Store $ 2.00 For the 2nd Store 10.00 For the 3rd Store 15.00 For the 4th Store 20.00 For the 5th Store 25.00 For the 6th Store 30.00 For the 7th Store 35.00 For the 8th Store 40.00 For the 9th Store 45.00 For the 10th Store 50.00 For the 11th Store 55.00 For the 12th Store 60.00 For the 13th Store 65.00 For the 14th Store 70.00 For the 15th Store 75.00 For the 16th Store 80.00 For the 17th Store 85.00 For the 18th Store 90.00 For the 19th Store 95.00 For the 20th Store 100.00 For the 21st Store 105.00 For the 22nd Store 110.00 For the 23rd Store 115.00 For the 24th Store 120.00 For the 25th Store 125.00 For the 26th Store 130.00 For the 27th Store 135.00 For the 28th Store 140.00 For the 29th Store 145.00

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For the 30th Store 150.00 For the 31st Store 155.00 For the 32nd Store 160.00 For the 33rd Store 165.00 For the 34th Store 170.00 For the 35th Store 175.00 For the 36th Store 180.00 For the 37th Store 185.00 For the 38th Store 190.00 For the 39th Store 195.00 For the 40th Store 200.00 For all Stores in excess of forty (40), each 200.00 Section 1-A. That because of the manifest advantages accruing from the operation of mail order stores collateral to, and in conjunction with, the operation of a mail order or catalogue sales type of business, and because of the basic differences inherent in the operation of such a mail order or catalogue sales business there be and is hereby levied an annual license tax upon each mail order store engaged in the sale of goods, wares or merchandise within the State of Georgia, where such store is owned, operated, managed or controlled, directly or indirectly, by any person, firm, partnership, corporation or association of persons engaged in the business of selling by mail or in the distribution of catalogues within this State and the filling of orders at retail for merchandise displayed therein as follows: Mail order stores. (1) Upon one store, the annual license fee shall be two thousand ($2,000.00) dollars. (2) For a chain of two stores, the annual license fee shall be four thousand ($4,000.00) dollars per store. (3) For a chain of three stores the annual license fee shall be six thousand ($6,000.00) dollars per store. (4) For a chain of four stores the annual license fee shall be eight thousand ($8,000.00) dollars per store.

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(5) Upon each store in excess of four stores the annual license fee shall be ten thousand ($10,000.00) dollars for each additional store. Provided, however, that all retail stores operating subservient to such mail order houses and under the same name, shall be exempt from the tax set forth above, except as set forth in Section 1 of this Act. Exemptions. Provided, further that the tax imposed in this section shall not apply to and shall not be levied upon any store whose catalogue or order list covers only: Seeds, trees, flowers, bulbs, roots, shrubbery, horticultural or agricultural products, fertilizer, tombstones, or other marble products of any of them. Section 2. Be it further enacted by the authority aforesaid, That the taxes required by this Act shall be paid to the State Revenue Commission on or before the 31st day of December of each year for the following calendar year. At the time of paying such tax, the taxpayer shall file with the Commission on a form to be prescribed by and furnished by the Commission on the application of the taxpayer, stating the name of the applicant, the name and the specific location of each store, operated in this State, and such other facts as the Commission may require. Provided, nevertheless, that the first occupational tax required by this Act shall be due and payable on the 30th day of June, 1937, and shall be for the remainder of the calendar year 1937, for those who on June 30, 1937, are operating a store or a chain of stores as defined in this Act; and provided further that the occupational tax contemplated by this Act for any person first engaging in the store or chain store business after January 1st in any year, including the year 1937, shall be diminished by one-twelfth of the tax required by this Act for every full month already expired in the year in which such new business is commenced. Payments. Forms. Proviso.

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Section 3. The term store as used in this Act shall be construed to mean and include any store or mercantile establishment, whether stationary or traveling by motor, either of domestic or foreign ownership, in which any goods, wares or merchandise of any kind are sold either at wholesale or retail, or distributed; Provided, nevertheless, that the word store shall not be held to include: Terms, inclusive and exclusive. (a) Manufacturers' plants, or manufacturers' trucks, distributing products of their own manufacture at wholesale only, or vehicles of manufacturers selling and distributing to wholesalers or retailers products of their own manufacture or processing exclusively. (b) Factories, depots, warehouses, stores, or other places where only fertilizer and/or cottonseed products or other exclusive agricultural products are sold in bulk only; or where meat or meat products are sold by the persons, firms, or corporations slaughtering the animals from which said meat or meat products are obtained and prepared for sale and selling, at least 90% of volume at wholesale. (c) Depots, warehouses, or platforms where ice is manufactured, stored or sold, nor vehicles used for the delivery or sale of ice. (d) Depots, dairies, and vehicles used only in the delivery or sale of milk or butter, cheese, ice cream, or other dairy products or malt beverages. (e) Depots and warehouses and other places where only soft drinks are manufactured, bottled, stored, or sold, including vehicles used in the delivery or sale of such soft drinks. (f) Vehicles used only in the delivery or sale of bread and other bakery products, salted nuts, potato chips, sandwiches, and candy. (g) Stores, yards, warehouses, plants, or vehicles used for the purpose of storing, manufacturing, selling, or delivering

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only building materials, and/or coal, charcoal, wood, or coke. (h) Nor any railroad or similar freight depot which is designed solely for receipt and delivery of freight. (i) Nor cotton ginneries where only bagging and ties are sold. Section 4. The term store as used in this Act shall not be construed to mean or include any place of business at which the principal business conducted is that of selling, storing, or distributing petroleum products. Store defined. Section 5. Be it further enacted by the authority aforesaid, That the term chain of stores shall be construed to apply to and be applied to the business of any person, firm or corporation, domestic or foreign, owning, operating or maintaining, directly or indirectly under the same general management, control, supervision or ownership two or more stores. The fact that several stores or mercantile establishments are ostensibly owned or operated by different persons, firms or corporations shall not defeat the application of this section where such stores are under the same general management, control, supervision or ownership. Two or more stores shall, for the purpose of this section, be treated as being under a single or common ownership, control, supervision or management, if directly or indirectly owned or controlled by a single person or any group of persons having a common interest in such stores, or if any part of the gross revenues, net revenues or profits from such stores, shall, directly or indirectly, be required to be immediately or ultimately made available for the beneficial use, or shall directly or indirectly inure to the immediate or ultimate benefit of any single person or any group of persons having a common interest therein. Lease and ownership, lease and agency, lease and release, oral or written agreements, or contracts, where such relationships, agreements or contracts embrace provisions for exclusive

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sale of particular commodities in whole or part, or where contracting parties share any expenses of the retail operations, or where there is no reasonable rental involved, or where the rental is based upon the dollar or quantity volume of business done, or where the contracting parties have the relation of employer and employee, either directly or inference, or where relationships, agreements or contracts provide for unequal cancellation of same or where operation of such store is under a common name shall be deemed to constitute operations under the same general managements, supervision or ownership. Provided, nevertheless, that what are generally known as rolling stores, selling goods, wares or merchandise and/or groceries shall be counted in determining what is a store or chain of stores within the meaning of this Act. Chain of stores construed. Section 6. Be it further enacted by the authority aforesaid, That the taxes collected under this Act shall be by the State Revenue Commission paid promptly into the State Treasury, and into the General Fund. Payments to Treasury. Section 7. Be it further enacted by authority aforesaid, That if any tax imposed by this Act remains due and unpaid for 30 days from the due date thereof, the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of 5% of the tax due and unpaid. Should the tax so imposed, or any part thereof, remain due and unpaid for 60 days from the due date, the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of 10% of the tax due and unpaid. Should the tax so imposed, or any part thereof, remain due and unpaid for 90 days, the person, firm or corporation liable therefor shall be subject to and shall pay a penalty of 20% of the tax due and unpaid. Penalties. Section 8. Be it further enacted by the authority aforesaid, That when any tax due under this Act is unpaid, it shall be the duty of the State Revenue Commission to issue

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execution therefor, bearing teste in the name of the Chairman and directed to all and singular the sheriffs of this State and their deputies, commanding them to levy upon the goods and chattels, lands and tenements, of the taxpayer, which execution it shall be the duty of any sheriff or deputy to execute as in case of writs or executions from the Superior Courts. Whenever any such writ of execution has been issued, the taxpayer in order to determine whether the tax is legally due, may tender to the levying officer his affidavit of illegality thereto; and upon his giving a good and solvent bond for the eventual condemnation money, payable to the State Revenue Commission, the levying officer shall return the same to the Superior Court of the taxpayer's residence, where the taxpayer is an individual, and in the event the taxpayer is a partnership to the Superior Court of the residence of any one or more of the partners, and in case the taxpayer is a corporation, to the Superior Court of the county in which the levy is made, where the issue raised by the levy and the affidavit shall be heard and determined as other like causes therein. If such issue is found against the taxpayer, it shall be the duty for the State Revenue Commission to bring suit on said bond. Executions. Affidavit of illegality. Bond required. Section 9. Be it further enacted by the authority aforesaid, That in all applications to restrain or enjoin the collection of any tax imposed by this Act, the Judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the State Revenue Commission in double amount of the tax, the collection of which is sought to be enjoined, to be approved by the clerk of the Superior Court, conditioned to pay the tax in the event petitioner does not finally prevail in his effort to resist the payment of the said tax; and it shall be the duty for the State Revenue Commission to bring suit on said bond. Injunction bond. Section 10. Be it further enacted by the authority aforesaid, That if any section, provision or clause of this Act

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shall be declared invalid or unconstitutional, or if the provisions of this Act as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Act not so held to be invalid or the application of this Act to other situations and to other circumstances not so held to be invalid. It is hereby declared as the legislative intent that this Act would have adopted had such invalid portion not been included herein. Constitutionality. Section 11. Be it further enacted by authority aforesaid, That 95% of the revenue collected shall be paid to the proper authorities of the eleemosynary institutions of Georgia to be used as in their judgment is in the best interest, either for maintenance, improvements, buildings, or support or for any or all of these purposes; 5% to be set aside for the enforcement of this Act. Revenue payable to eleemosynary institutions. Section 12. This Act shall become effective July 1st, 1937. Effective date Section 13. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1937. CIGAR AND CIGARETTE LICENSE AND TAX. No. 375. An Act to repeal Part 3, Cigars and Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Extra. Session, Pages 11 to 24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on

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that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contraband goods of articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly reports for wholesalers and jobbers; to appropriate the funds derived from the operation of this Act and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That in addition to all other taxes of every kind now imposed by law and which are not specifically repealed by this chapter, every person, firm, corporation, club or association, within the State of Georgia, who sells and/or stores and/or receives for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia, cigars, cheroots, stogies, cigarettes, or any substitute therefor, either or all, shall pay to the State of Georgia, for State purposes only, a license or privilege tax which shall be measured by and graduated in accordance with the volume of sales of such person, firm, corporation, club or association in Georgia. There is hereby levied license or privilege taxes on articles containing tobacco enumerated in this Act the following amounts: License-tax graduated. (a) Little Cigars. Upon cigars of all descriptions made of tobacco or any substitute therefor, and weighing not more than three (3) pounds per thousand, one ($0.01) cent for each ten (10) cigars, or fraction thereof. Cigars. (b) Cheroots, Stogies. Upon cigars of all descriptions made of tobacco or any substitute therefor, retailing for

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three and one-third ($0.03 1/3) cents each or less, one ($1.00) dollar per thousand. Cheroots. (c) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than three and one-third ($0.03 1/3) cents each and not more than five ($0.05) cents each, two ($2.00) dollars per thousand. (d) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than five ($0.05) cents and not exceeding eight ($0.08) cents, three ($3.00) dollars per thousand. (e) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than eight ($0.08) cents each and not exceeding ten ($0.10) cents each, five ($5.00) dollars per thousand. (f) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than ten ($0.10) cents each and not exceeding twenty ($0.20) cents each, ten ($10.00) dollars per thousand. (g) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than twenty ($0.20) cents each, thirteen dollars and fifty cents ($13.50) per thousand. (h) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, three inches long or less and weighing not more than three (3) pounds per thousand, one and one-half (1) mills on each such cigarette. Cigarettes. (i) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, over three inches long and less than six inches long, weighing not more than six (6) pounds per thousand, three (3) mills on each such cigarette. (j) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, more than six inches long and

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not weighing more than six (6) pounds per thousand, six (6) mills on each such cigarette. (k) Whenever in this Act reference is made to any manufactured tobacco products, manufactured or imported to sell at a certain price, as the basis for computing the tax, it is intended to mean the ordinary, customary or usual price paid by the consumer for each individual cigar, package of cigarettes or any other tobacco products taxable under this chapter. Computation. (l) When the retail or selling price is referred to in this Act as the basis for computing the amount of stamps required on any article, it is intended to mean the retail or selling price of the article before adding the amount of the tax. Retail selling price. (m) When any article or commodity subject to tax in this Act are given as prizes on punch boards, shooting galleries, premiums, etc., the tax shall be based on ordinary selling price for each article. Prizes. (n) The tax herein levied shall be paid through the use of stamps herein provided for. Stamps in the denomination to the amount of the tax shall be affixed to the box or other container from or in which tobacco products taxed by this Act are normally sold at retail. The stamps shall be affixed in such a manner that their removal will require continued application of water or steam; and, in case of cigars, cheroots and like manufactured tobacco products, where sales are made from the original container, the stamps shall be affixed to the box or container in such a way that the stamps shall be torn into or mutilated when such containers or boxes are opened for the sale of the tobacco products. In the case of cigarettes, and like products, sold by retail in packages, the required amount of stamps to cover the tax shall be affixed to each individual package or container. All taxable tobaccos herein enumerated, when offered for sale, either at wholesale or retail, without having

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stamps affixed in the manner set out in this Act, shall be subject to confiscation, in the manner provided for contraband goods as set out in this Act. Stamps. (o) The description of tobacco products contained in subsections (h) to (j) of Section 1 of this Act are hereby declared to be standard as to dimensions and weights for taxing purposes as provided in this Act and should any cigarettes be stored, sold or offered for sale or given away of a size or weight other than the standard dimensions and weights set out in this Act, the same shall be taxed at the rate of one cent for each such cigarette. Standards. (p) Provided, further, that where cigarettes described in subsection (h) of Section 1 of this Act, are packed in varying quantities of less than twenty (20) cigarettes, the following rates shall govern: Packages containing ten (10) cigarettes or less shall require a two ($0.02) cent stamp; packages containing more than ten and not to exceed twenty (20) cigarettes, shall require a three ($0.03) cent stamp. Cigarette packages. (q) Provided, further, that where cigarettes described in subsection (i) and subsection (j) of Section 1 of this Act, are packed in varying quantities of less than twenty (20) cigarettes, the following rates shall govern: Packages containing ten (10) cigarettes or less shall require a five ($0.05) cent stamp; packages containing more than ten (10) cigarettes and not to exceed twenty (20) cigarettes shall require a ten ($0.10) cent stamp. Section 2. Method and Time of Affixing Stamps. The licenses tax imposed by this Act shall be paid by affixing stamps in the manner and at the time herein set forth: Stamps. (a) In the case of cigars, stogies, cheroots and like products, the stamps shall be affixed to the box or container in which or from which normally sold at retail.

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(b) In the case of cigarettes, the stamps shall be affixed to each individual package. (c) Time allowed for affixing stamps shall be as follows: Every wholesaler or retail dealer in this State shall immediately after receipt of any unstamped cigars, stogies, cheroots, or cigarettes, unless sooner offered for sale, cause the same to have the requisite denominations and amount of stamp or stamps to represent the tax affixed as stated herein and to cause same to be canceled by writing or stamping across the face of each stamp the registered number of such wholesaler or retailer, said number to be furnished by the State Revenue Commission. Time for stamping. Section 3. Wholesale or Retail Dealer. The stamping of said cigars, stogies, cheroots and cigarettes shall actually begin within one (1) hour after receipt of said cigars, stogies, cheroots and cigarettes in the premises of the wholesale or retail dealer, and said stamping shall be continued with reasonable diligence by the wholesale or retail dealer until all of the unstamped cigars, stogies, cheroots and cigarettes have been stamped and the stamps canceled as provided by law. Provided, further, that any wholesale dealer engaged in interstate business who shall furnish surety bond in an amount and of tenor and solvency satisfactory to the State Revenue Commission shall be permitted to set aside such a part of his stock as may be necessary for the conduct of such interstate business without affixing the stamps required by this Act. Said interstate stock shall be kept in an entirely separate part of the building, separate and apart from stamped stock. Every wholesale dealer shall at the time of shipping or delivering any tobacco products as enumerated herein make a true duplicae invoice of the same which shall show full and complete details of the sale or delivery of the taxable article, and shall retain the same subject to the use and inspection of the State Revenue Commission, or its duly authorized agents for a period of three (3) years. Wholesale and retail dealers shall

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also keep a record of purchases of all tobacco products enumerated and defined herein, and hold all books, records and memoranda pertaining to the purchase and sale of such tobacco products enumerated and defined herein, open to the inspection of the State Revenue Commission or its duly authorized agents at any and all times. Every wholesale dealer shall furnish to the State Revenue Commission a monthly report, between the first and tenth of each month for the preceding month, of all orders for tobacco products enumerated and defined herein, purchased through said wholesale dealer from without the State on a drop shipment and consigned direct to the person, firm, corporation or association of persons ordering such tobacco products, from without this State through such wholesale dealer. Stamping. If, upon examination of invoices of any wholesale or retail dealer, he is unable to furnish evidence to the State Revenue Commission of sufficient stamp purchases to cover unstamped tobacco as enumerated and defined herein, purchased by him, the prima facie presumption shall arise that such tobacco products were sold without the proper stamps affixed thereto. Presumption prima facie. Any wholesaler or retailer who fails or refuses to comply with any or all of the above provisions, shall be deemed a violator of this section and upon conviction shall be punished by a fine of not less than five hundred ($500.00) dollars, nor more than one thousand ($1,000.00) dollars, or imprisonment in the county jail for a period of six (6) months, either or both at the discretion of the court. Punishment for violation. Section 4. Drop Shipments. Any retail dealer or semijobber of tobacco products enumerated and defined herein purchasing or receiving such commodities from without the State, whether the same shall have been ordered or purchased through a wholesaler or jobber in this State, and/or by drop shipment and/or otherwise, shall within twelve (12) hours of receipt of such tobacco products, mail by

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registered mail a true duplicate invoice of all such purchases or receipts to the State Revenue Commission at Atlanta, Georgia, said invoice carrying the name of the person or firm from whom such purchases or shipments of the tobacco products so received, showing kinds and quantities. Any retail dealer or semi-jobber failing or refusing to furnish duplicate invoices, in both the manner and time allowed, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty ($50.00) dollars for each offense, or imprisonment in the county jail for a period not exceeding sixty (60) days. Duplicate invoices to Revenue Commission. Section 5. Commodities Subject to Confiscation. Any cigarettes, or cigars, stogies, cheroots or other products taxable under this Act found at any point within the State of Georgia, which said cigarettes, or cigars, stogies, cheroots, or other products taxable under this Act shall have been within the State of Georgia for a period of two (2) hours, or longer, in possession of any retailer or semi-jobber, or for a period of thirty-six (36) hours or longer, in possession of any wholesaler or jobber not having affixed to the package as above defined the stamps as above provided, are hereby declared to be contraband goods and the same may be seized by the State Revenue Commission, or its agent and/or by any peace officer of the State of Georgia, without a warrant and the said goods shall be delivered to the State Revenue Commission for sale at public auction to the highest bidder after due advertisement, but the State Revenue Commission before delivering any of said goods so seized shall require the purchaser to affix the proper amount of stamps to the individual package as above defined. The proceeds of sale for any goods sold hereunder shall be turned over to the State Treasurer by the State Revenue Commission as other funds collected by said Commission. Provided, that the cost of confiscation and sale shall be paid out of the proceeds derived from such sales before making remittance to the State Treasurer. Provided, further, that

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any of the goods, wares or merchandise herein enumerated and all such goods, wares and merchandise when offered for sale, either at wholesale or retail without the stamps having been first affixed, shall be subject to confiscation as hereinabove provided. Provided, further, that any vehicle, not a common carrier, which may be used for transportation for the purpose of sale of unstamped articles as hereinabove enumerated shall likewise be subject to confiscation and sale in the same manner as above provided for unstamped goods, wares or merchandise. Provided, further, should any unstamped tobacco as enumerated and defined herein be found in any vehicle which is engaged in the sale, distribution or delivery of taxable tobaccos, the same shall be prima facie evidence that it was there for sale. Confiscation and sales. Proviso. Section 6. Procedure When Goods Are Confiscated. In all cases of seizure of any goods, wares, merchandise, or other property hereafter made as being subject to forfeiture under provisions of this Act which, in the opinion of the officer, or person making the seizure, are of the appraised value of fifty ($50.00) dollars, or more; the said officer or person shall proceed as follows: Procedure on seizure. (a) He shall cause a list containing a particular description of the goods, wares, merchandise, or other property seized to be prepared in duplicate and appraisement thereof to be made by three sworn appraisers, to be selected by him, who shall be respected and disinterested citizens of the State of Georgia, residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by said officer, or persons, and said appraisers, for which service each of said appraisers shall be allowed the sum of one ($1.00) dollar per day, not exceeding two (2) days, to be paid by the State Revenue Commission out of any revenue received by it from the sale of the confiscated goods or the compromise which may be effected. Appraisement.

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(b) If the said goods are believed by the officer making the seizure to be of value of less than fifty ($50.00) dollars, no appraisement shall be made. The said officer, or person, shall proceed to post a notice for three (3) weeks, in writing at three places in the county where the seizure was made, describing the articles and stating the time and place and cause of their seizure and requiring any person claiming them to appear and make such claim in writing within thirty (30) days from the date of the first posting of such notice. No appraisement. (c) Any person claiming the said goods, wares, or merchandise, or other property so seized as contraband within the time specified in the notice, may file with the State Revenue Commission a claim in writing, stating his interest in the articles seized, and may execute a bond to the State Revenue Commission in a penal sum equal to double the value of said goods so seized, but in no case shall said bond be less than the sum of two hundred ($200.00) dollars, with sureties to be approved by the clerk of the Superior Court in the county in which the goods are seized, conditioned that in the case of condemnation of the articles so seized, the obligors shall pay to the State Revenue Commission the full value of the goods so seized and all cost and expense of the proceedings to obtain such condemnation, including a reasonable attorney's fee. And upon the delivery of such bond to the State Revenue Commission, it shall transmit the same with the duplicate list or description if the goods seized to the solicitor of the circuit in which such seizure was made, and the said solicitor shall file a bill in the Superior Court in equity of the county where the seizure was made to secure the forfeiture of said goods, wares, merchandise, or other property. Upon the filing of the bonds aforesaid, the said goods shall be delivered to the claimant, pending the outcome of said case; Provided, however, said goods must have the proper stamps affixed to each such article of tobacco before turning same over to

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claimant. The stamps so affixed to be paid for by claimant when goods properly stamped are delivered by the State Revenue Commission. Claim bond. Fees. Bill in equity. (d) If no claim is interposed and no bond given within the time above specified, such goods, wares, merchandise, or other property shall be forfeited without further proceedings and the same shall be sold, as herein provided: And the proceeds of sale when received by the State Revenue Commission shall be turned into the State Treasury as other revenues are required by law to be turned in: Provided, that in seizure in quantities of less value than fifty ($50.00) dollars, the same may be advertised with other quantities at Atlanta, Georgia, by the State Revenue Commission and disposed of as hereinabove described. The proceedings against goods, wares, merchandise, or other property, pursuant to the provisions of this Act, shall be considered as proceedings in rem unless otherwise herein provided. Provided, however, should the State Revenue Commission have to resort to the courts for collection of the tax due and assessed, no advertisement shall be made and the confiscated tobaccos may be held as evidence, pending the results of court action. Forfeiture. Proceeding in rem. Proviso. Section 7. State Revenue Commission May Compromise Confiscation. The State Revenue Commission may in its discretion return any goods, confiscated under this Act or any part thereof, when it is shown that there was no intention to violate the provisions of this Act. Provided, when any goods, merchandise, or other property, are confiscated under the provisions of this Act, the State Revenue Commission may, in its discretion, return such goods to the parties from whom they are confiscated if and when such parties shall pay to the State Revenue Commission, or its duly authorized representatives, an amount equal to the tax due under this Act on the goods confiscated, and in such cases no advertisement shall be made or notices posted in connection with said confiscation. Compromise. Proviso.

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The State Revenue Commission may promulgate rules and regulations governing the stamping of any articles or commodities enumerated herein handled by persons, firms, or corporations operating on interstate common carriers. Rules and regulations. Any rules or regulations of the State Revenue Commission, when duly made and promulgated shall have the full force and effect of law. Any person when violating such rules when duly made and promulgated, shall be guilty of a misdemeanor and shall upon conviction be fined not less than fifty ($50.00) dollars, nor more than one hundred ($100.00) dollars for each offense. Punishment. Section 8. All Common Carriers, contract carriers, buses, and trucks transporting tobacco products may be required to, under regulations to be prescribed by the State Revenue Commission, transmit to the State Revenue Commission a periodic statement of such consignments or deliveries of tobacco products, showing date, point of origin, point of delivery and to whom delivered, and time of delivery, and all common carriers, buses, or trucks shall permit the examination by the State Revenue Commission, or its agents, of their records relating to shipment or receipt of tobacco products. Common carriers, buses and trucks shall permit examination of their records of shipment or receipts relating to tobacco products, when and where investigation made by the State Revenue Commission or its agents may deem it advisable and necessary to the enforcement of this Act. Inspectors, stamp deputies and other duly authorized agents of the State Revenue Commission, on proper identification from an authorization by the State Revenue Commission, shall make such examination. Any person, firm, corporation, partnership or association of persons, who refuses to transmit to the State Revenue Commission the statements hereinabove provided for, or who refuses to permit the examination of his records by the State Revenue Commission or its duly authorized agents, shall be guilty of a misdemeanor

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and upon conviction shall be punished by a fine of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each such offense. Carriers' statements. Section 9. Enforcement by Inspection: Penalties for Interfering with Inspection. It shall be provided by regulations of the State Revenue Commission the methods of breaking packages, forms and kind of containers and methods of affixing stamps that shall be employed by persons, firms or corporations and subject to the tax imposed by this Act which will make possible the enforcement of payment by inspection and any person, firm or corporation subject to this tax, engaging in or permitting such practices as are prohibited by regulations of the State Revenue Commission or in any other practice which makes it difficult to enforce the provisions of this Act by inspection, or if any person, firm or corporation, agent or officer thereof, who shall upon demand of the State Revenue Commission, any officer, or agent of the State Revenue Commission, refuses to allow full inspection of the premises or any part thereof, or who shall hinder or in anywise delay or prevent such inspection when demand is made thereof, or in any way interferes with any agent of the State Revenue Commission in the performance of his duties in enforcing this Act (confiscation of tobaccos deemed by agent of the State Revenue Commission to be contraband, is hereby declared to be one of the duties of an agent of the State Revenue Commission), shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars for each offense, or imprisonment in the county jail for a period not exceeding ninety (90) days, or both, in the discretion of the Court. Inspection. Penalties. Section 10. Records. It shall be the duty of every person, firm, corporation, club or association of persons, receiving, storing, selling, or handling tobacco products enumerated herein in any manner whatsoever, to keep and preserve

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all invoices, books, papers, canceled checks, or other memoranda touching the purchase, sale, exchange, or receipt of any and all tobacco products enumerated herein for a period of three (3) years. All such invoices, books, papers, canceled checks or other memoranda shall be subject to audit and inspection by any duly authorized representative of the State Revenue Commission at any and all times. Any person, firm, corporation, club or association of persons who fails or refuses to keep and preserve the records as herein required, or who upon request by a duly authorized agent of the State Revenue Commission fails or refuses to allow an audit or inspection of records as hereinabove provided, shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars, or imprisoned in the county jail for a period not to exceed ninety (90) days for each offense. Records. Section 11. Reports of Wholesalers. Each and every wholesaler or jobber, qualifying as such with the State Revenue Commission, shall be required to file a report between the first and tenth of each month, covering the purchase and/or receipt by them of all tobacco products enumerated and defined herein, during the preceding month. Said report shall give in detail the different kinds and quantities of tobacco products so purchased and/or received by them during the preceding month. Any wholesaler or jobber failing or refusing to file the above report in the manner and time allowed, shall be deemed a violator of this section and upon conviction shall be fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars for each offense. Wholesalers' reports. Section 12. Discounts Allowed for Handling Stamps. The State Revenue Commission is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other

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than the State Revenue Commission, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in Section 18 (a) of this Act. When wholesalers or jobbers have qualified as such with the State Revenue Commission as provided in Section 14 of this Act and desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commission shall allow on such sales of tobacco tax stamps the following discount: Stamps. On a sale of $100 or over and less than $200.00, a discount of 3% on the entire amount of the sale; on a sale of $200.00 or more, a discount of 10% on the entire amount of the sale. Discounts. Every wholesaler or jobber purchasing stamps as described herein, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps used on taxable tobaccos during the preceding month. Every wholesaler or jobber refusing or failing to comply with this section shall forfeit the commission or discount on stamps purchased in the future. Accounting. Section 13. Non-Taxable Sales. Where goods, wares or merchandise enumerated herein are sold and/or shipped to any person, firm, corporation or association of persons in another State, the seller and/or shipper in this State shall make and preserve for three (3) years a duplicate invoice bill, giving the name of the person, firm, corporation or association of persons to whom shipped, delivered or sold, the date and the quantity of such merchandise so sold or shipped. Said seller in this State must have on file freight, express or postal receipt for such merchandise showing same was turned over to a common carrier engaged in interstate commerce; further, if said merchandise be delivered by a conveyance belonging to seller in this State, said seller

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must have on file a receipt signed by purchaser showing such goods, wares, or merchandise were received by him in another State. All of the above records shall at all times be subject to the inspection and audit of any duly authorized agent of the State Revenue Commission. Sales in interstate commerce. Provided, further, that any goods, wares or merchandise enumerated herein, that are sold to the United States Government for army, navy, or marine purposes, and which shall be shipped from a point within this State to a place which has been lawfully ceded to the United States Government for army, navy, or marine purposes, shall be subject to the same provisions as hereinabove mentioned for goods, wares, merchandise sold or shipped to another State. Provided, further, that in case of goods, wares, or merchandise enumerated herein, which shall be sold or delivered to ships belonging to the United States Navy for distribution and sale to members of the military establishment only, or sold and delivered to ships regularly engaged in foreign or coastwise shipping between points in this State and points outside this State, shall be subject to the same provisions as hereinabove mentioned for goods, wares, or merchandise sold or shipped to another State. Provided, further, that the State Revenue Commission may promulgate rules and regulations from time to time to prevent any abuse of the provisions contained herein. Provisos. Provided, further, that any person, firm, corporation or association of persons, who shall be found guilty of violating any of the provisions as set out in this section (13) of this Act, or who receives or stores any of the articles of tobacco enumerated herein for sale within the State of Georgia, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $200.00 nor more than $500.00, or imprisoned in the county jail for a period not to exceed six months, either or both, at the discretion of the court.

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Section 14. Definition of Wholesaler and Jobber, Retailer, and Stamps. (a) The phrase Wholesale Dealer and Jobber as used in this Act shall include persons, firms, or corporations who sell at wholesale only any one or more of the articles taxed herein to licensed retail dealers for the purpose of resale only. Definitions of dealers. (b) The phrase Retail Dealer, shall include every person, firm or corporation other than a wholesale dealer, as defined in this subsection, who shall sell or offer for sale any one or more of the articles taxed herein, irrespective of quantity or amount, or the number of sales; and all persons operating under a retail dealer's license. (c) The word Stamps, as used herein means the stamp or stamps by the use of which the tax levied under this Act is paid and shall be designated Georgia Revenue Stamps. The State Revenue Commission shall design the form and kind of stamps to be used and shall duly adopt and promulgate such form of stamps. Such stamps so adopted and promulgated shall be known and termed as Georgia Revenue Stamp, and in any information or indictment, it shall be sufficient to describe the stamps as Georgia Revenue Stamps. Stamps. (d) No person, firm, corporation, association or co-partnership operating more than one retail store or mercantile establishment within this State under the same ownership, supervision or management, or operating a wholesale and retail business under the same roof, shall be included within the meaning of the words Wholesaler or Jobber, as the same are used in this Act. This provision is made in the exercise of the police power of the State, as well as for the purpose of raising revenue. Provided, however, every wholesaler and/or jobber, who desires to qualify as such with the State Revenue Commission, shall make application to the State Revenue Commission on blanks prescribed

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for this purpose, which shall be supplied upon request. Said application blanks will require such information relative to the nature of business engaged in by said wholesaler or jobber as the State Revenue Commission deems necessary to the qualifying of said wholesaler or jobber which and when being received by the State Revenue Commission, it believes said wholesaler or jobber to be qualified, shall issue to said wholesaler or jobber a permit qualifying him as a wholesaler or jobber, as defined in this Act, and he shall be allowed the discount on purchases of stamps as set out herein for wholesalers or jobbers purchasing stamps for their individual use. The State Revenue Commission shall not sell any stamps or allow any discount on any sale of stamps to any wholesaler or jobber until said wholesaler or jobber shall have complied with all the provisions of this section. The State Revenue Commission may at any time revoke the permit issued to any wholesaler or jobber as hereinabove provided who shall be guilty of violating any of the provisions of this Act, or any of the rules of the State Revenue Commission adopted and promulgated under authority of this Act, and refuse to sell any wholesaler or jobber any stamps, until such time as his permit shall be restored. Wholesaler or jobber. Section 15. Sales by Wholesale Dealer: Every wholesale dealer in this State shall before shipping, delivering or sending out any one or more articles taxed herein, to any dealer in this State or for the sale in this State, cause the same to have the requisite denominations and amount of stamp, or stamps, to represent the tax, affixed as stated herein and cause the same to be canceled by writing or stamping across the face thereof the number of such wholesale dealer, said number to be supplied by the State Revenue Commission, and every wholesale dealer shall at the time of shipment or delivering any one or more articles taxed herein, make a true duplicate invoice of the same showing the date, amount and value of each class of articles

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shipped or delivered and retain a duplicate thereof, subject to the audit and inspection of the State Revenue Commission, its authorized agents and representatives, for three years. Provided, however, that wholesale dealers in this State who ship, deliver or send any one or more articles taxed herein to the United States Government, for sale or distribution, to any military, naval or marine reservation owned by the United States Government within this State, shall be required to carry out the provisions set out in this Act for such sales or deliveries. Wholesale dealers' sales. Section 16. Penalties for Evading Stamp Tax: Trial by Jury if Desired. Persons failing to properly affix the required stamps to any cigars, cheroots, stogies, and cigarettes shall be required to pay as part of the tax imposed hereunder, a penalty of not less than twenty-five ($25.00) dollars, nor more than five hundred ($500.00) dollars, to be assessed and collected by the State Revenue Commission, as other taxes are collected. And each article or commodity not having proper stamps affixed thereto as herein required shall be deemed a separate offense. Provided, that any cigars, cheroots, stogies, cigarettes in the place of business of any person required by the provisions of this Act to stamp the same shall be prima facie evidence that they are intended for sale. Provided, further, that if within ten (10) days and not thereafter after notification in writing by the State Revenue Commission, or its duly authorized agent, to the person, firm, or corporation, of its failure to properly affix the required stamps to any article or commodity, or within ten (10) days after written notification to him that he has sold any article or commodity requiring stamps without having the stamps properly attached thereto as required by this Act, the party charged, or to be charged with such omission as herein provided, shall have the right within said time, and not thereafter, to demand a trial of the issue before a court of competent jurisdiction in the manner now provided by law for the trial of civil actions or civil suits.

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The written notice herein required may be served by mail. When it is so served, the paper must be deposited in the postoffice addressed to the person on whom it is to be served at his last known place of residence and the postage paid, and the ten (10) days herein provided shall begin to run from the date of mailing. Said notice may also be personally served by any agent of the State Revenue Commission, or any other person, by delivering the same to the person or corporation charged, or by leaving the same in the place of business of such person, or corporation. Provided, further, that the State Revenue Commission upon good cause shown may in its discretion remit a part of the penalties above described herein, but in no case shall it accept less than the minimum penalty provided for each offense. Provided, further, that any person, firm, corporation, club or association of persons, who have been found guilty of violating any of the provisions of this Act and who, after being punished by fine, penalty, assessment or imprisonment, shall be guilty of a second or subsequent violation of this Act, shall upon being found guilty of such second offense, have their license revoked by the State Revenue Commission and no further license or permit shall be issued or granted to such person, firm, corporation, club or association of persons for a period of one year from the date their license or permit shall have been revoked. Notice of such revocation shall be mailed to the ordinary and license inspector of the county in which the revocation was made by the State Revenue Commission. Provided, further, that any judgment rendered in favor of the State, in any civil action or suit shall be a first preferred lien for taxes upon all property of the taxpayer and in the event of non-payment shall be filed in the office of the clerk of the Supreme Court in the county where taken and execution may be issued by the State Revenue Commission, as now provided by law. Evasions; penalties. Trial of issue. Notice. Revocation of license. Judgment lien. Section 16-A. That every cigar or cigarette container that is once stamped, when emptied of its original contents

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by a wholesaler or retailer shall be immediately destroyed as a container and such wholesaler or retailer shall keep such portions only of such container for at least six months from the date of originally emptying that shows the stamps that were on such container in order that the collectors of the taxed herein provided can check up on and enforce the provisions of this Act as to the collection of taxes. Destruction of containers in part. Section 17. Transporting and Distributing Tobacco Products. Each and every person, corporation, club or association of persons transporting and/or distributing in any manner whatsoever any tobacco products as enumerated and defind herein within the State of Georgia who has not a license as prescribed in this Act shall before transporting and/or distributing any of such tobacco products as enumerated and defined herein secure a permit from the State Revenue Commission. The Commissioner of Revenue shall before issuing said permit ascertain from the applicant as to the nature of his business and the territory or district in which said applicant desires to transport and/or distribute tobacco products as heretofore defined. The Commissioner of Revenue shall before issuing said permit charge and collect an annual permit fee in the amount of $25.00. Each such person, firm, corporation, club or association or persons securing a permit as hereinabove provided for shall be allowed for each such permit so secured: one vehicle for the purpose of transporting and/or distributing such tobacco products as enumerated herein. Provided, further, that said permit shall be transferable as to person or vehicle under rules and regulations promulgated by the State Revenue Commission. The permits provided herein shall be conspicuously displayed on the vehicle for which it was issued. Permit to transport and deliver. Failure to properly display permit as hereinabove required shall be deemed a violation of this section. Provided, further, that any person, firm, corporation, club or associaton of persons, having been issued a permit, who

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engages in practices which are deemed by the State Revenue Commission to be injurious to the collection of the taxes provided herein, may have their permit revoked by the State Revenue Commission and no further permit shall be issued for six months and not then unless the State Revenue Commission is satisfied it is advisable. Any person, firm, corporation, club or association who is found transporting and/or distributing any tobacco products defined herein, without first securing permit as provided above, shall be deemed a violator of this section and upon conviction shall be punished by a fine of not less than five hundred ($500.00) dollars, nor more than one thousand ($1,000.00) dollars for each offense. The Commissioner of Revenue shall before issuing said permit charge and collect an annual permit fee in the amount of $25.00. Display of permits. Penalty. Section 18. (a) Penalties for Fraud in Use or Re-use of Stamps. That whoever removes or otherwise prepares any Georgia Revenue Stamps with intent to use, or cause the same to be used, after it has already been used, or buys, sells, offers for sale or gives away any such washed or removed or restored stamps to any person for using or who used the same or has in his possession any washed or restored or removed or altered stamp which has been removed from the article to which it has been previously affixed, or whoever for the purpose of indicating the payment of any tax hereunder re-uses any stamp which has heretofore been used for the purpose of paying any tax provided in this Act, or whoever except the State Revenue Commission sells any Georgia Revenue Stamps not affixed to taxable tobacco as provided herein, is guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day, nor more than five (5) years, and in addition may be fined not less than one thousand ($1,000.00) dollars nor more than five thousand ($5,000.00) dollars. Fraud in use of stamps. Punishment.

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(b) Counterfeit Stamps. That whoever manufactures, buys, sells, offers for sale, or has in his or its possession any reproduction or counterfeit of the Georgia Revenue Stamps provided for in this Act, is guilty of a felony and, upon conviction, shall be punished by imprisonment in the penitentiary for not less than a year and a day, nor more than ten (10) years, and in addition, may be fined not less than two thousand ($2,000.00) dollars, nor more than ten thousand ($10,000.00) dollars. Counterfeits. Penalty. Section 19. Powers of State Revenue Commission. That the State Revenue Commission shall administer and enforce the taxes imposed by this Act (it shall have the power to enter upon the premises of any taxpayer and to examine, or cause to be examined, by any agent or representative designated by it for that purpose, any books, papers, records, or memoranda, etc., bearing upon the amount of taxes payable, and to secure other information directly or indirectly concerned in the enforcement of this Act. Examinations of books, etc. Section 20. Any person, firm, corporation, club or association of persons, who purchases, and/or receives, in any manner whatsoever any of the articles of tobacco enumerated herein, which does not have affixed revenue stamps as described in this Act, shall within three (3) days of the receipt of such articles of tobacco, report the receipt or purchase of said tobacco to the State Revenue Commission, giving the date of purchase or receipt the name of person or firm from whom purchased or received and a list describing the articles of tobacco so purchased or received. This report must be made by registered mail or in person. Any person, firm, corporation, club or association or persons who fail and/or refuses to make the report as required in this subsection shall be guilty of a misdemeanor and upon conviction shall be fined not less than five ($5.00) dollars, nor more than one hundred ($100.00) dollars, or imprisoned not to exceed thirty days for each offense. Purchaser's duty to report, under penalty.

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(a) Any person, firm, corporation, club or association of persons, who/which has not a license as provided in this Act, who orders for another or pools orders from any or many persons, or connives with others for pooling orders for the purpose of evading the payment of the taxes herein provided, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100.00 nor more than $250.00 for each offense, and provided that each order for each purchase shall be considered a separate offense. Evasions. Penalty. Section 21. Any person, firm, corpration, club or association of persons, who shall re-use or re-fill with any tobacco products enumerated herein, any box, package or container from which tobacco products theretofore tax paid have been removed, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, or imprisoned not to exceed six months, either or both, at the discretion of the court. Refills. Penalty. Section 22. Execution Issued for Unpaid Taxes or Penalties. If any taxes or penalties imposed by this Act remain due and unpaid for a period of ten (10) days, the State Revenue Commission shall issue a warrant of execution directed to any sheriff of the State of Georgia commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with penalties, if any, and the cost of executing the warrant and to return such warrant to the State Revenue Commission and to pay it the money collected by virtue thereof. Upon receipt of such execution, the sheriff shall file with the clerk of the Superior Court of his county a copy thereof and thereupon the clerk of the Superior Court shall enter in his abstract of judgments the name of the taxpayer mentioned in the warrant and in the proper columns the amount of tax, with penalties, and costs for which the warrant is issued and the date and the hour when such copy is filed, and shall index

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the warrant upon the index of judgments. The sheriff shall thereupon proceed upon the warrant in all respects with like effect and in the same manner prescribed by law in respect to executions issued against the property upon judgments of a court of record and shall be entitled to the same fees for services in executing the warrant to be collected in the same manner. He shall make return of such execution to the State Revenue Commission within thirty days of issuance thereof. The taxes and penalties imposed by this Act shall be deemed a debt owing to the State by the party against whom the same shall be charged and shall be a preferred lien upon all property of the party against whom the same shall be charged. Execution for penalty. Clerk's duty. Sheriff's levy. Lien. Section 23. The State Revenue Commission is hereby authorized to employ such clerical assistants, field agents, and inspectors, as may be necessary to carry out, enforce and administer the provisions of this Act; to purchase Revenue Stamps, required; to prepare and print such blanks, forms, reports, receipts and any and all other things which may be necessary to provide for the administration of this Act; and to pay any and all such expenses so incurred out of the fund collected under the provision of this Act. Clerical assistants and inspectors. Section 24. Should the collection of any taxes under this Act be now or upon the passage of this Act prevented by the operation of the provisions of the Constitution of the United States, relating to interstate or foreign commerce, the Legislature hereby declares that should the Congress of the United States pass any legislation authorizing the taxation by the States of interstate or foreign commerce, sales, shipment or receipts, or commodities transported therein, or receipts of sales therein, then the provisions of this Act shall apply to such sales, shipments or receipts as fully and completely as provided herein as to intrastate sales, shipments and receipts, to the extent that such Act and/or Acts of Congress authorizes and permits. Interstate commerce.

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Section 25. The net proceeds of all sums derived under the operations of this Act, or so much thereof as shall be necessary, are hereby appropriated to the payment of pensions due or hereafter to be due to Confederate Soldiers and their widows under such present or future laws as may grant such pensions; the same be drawn out on warrants of the Governor on requisition of the authority having supervision of pension. Any surplus not necessary for that purpose shall be held in the Treasury and paid out as a part of the State's General Funds. Proceeds to pensions. Section 26. The provisions of this Act shall become effective at twelve o'clock noon, April 1, 1937. Effective. Section 27. It shall be unlawful for any person, firm or corporation to receive in this State any shipment of any of the articles taxed herein when the same are not stamped as required by this Act, and knowing the same to be not so stamped, for the purpose and intention of violating the provisions of this Act, and to avoid payment of the taxes, such person, firm or corporation shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25.00) dollars or sentenced to jail for not less than thirty (30) days nor more than sixty (60) days, either or both. Provided, that in the event this provision shall be declared unconstitutional by the courts, it shall not affect the remaining sections or any other part or portion of this Act. Unlawful receipts. Penalty. Constitutionality. Section 28. All laws and parts of laws in conflict herewith, either special or general, are hereby repealed, provided that nothing herein shall relieve any person, firm, or corporation from any penalty or tax liability or forfeiture incurred under former laws. Repeal of laws. Section 29. Any person, firm, corporation, club or association of persons who offer for sale, or sell any tobacco products as enumerated and defined herein which do not have affixed thereto stamps as required shall be guilty of a

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misdemeanor, and upon conviction shall be punished by a fine of not less than $100.00 and not more than $500.00. Punishment. Section 30. If any section, clause, provision or portion of this Act shall be held to be invalid or unconstitutional by any court of competent jurisdiction such holding shall not affect any other sections, clauses or provision or portion of this Act which is not in and of itself constitutional. It is hereby declared to be the intention of the Georgia Assembly that should any portion of this Act be declared unconstitutional, the remainder shall be in full force and effect and that the Georgia Assembly would have passed this Act without such invalid portion or provision. Constitutionality. Section 31. The exemptions from tobacco tax granted in the foregoing Act are hereby declared to be exclusive and any laws or parts of laws, general, special or local, granting or attempting to grant any exemptions from tobacco tax, except as provided in this Act, are hereby specifically repealed. Exemptions. Repeals. Approved March 30, 1937. INCOME-TAX LAWS AMENDED. No. 445. An Act to amend Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 9 (Income Taxes), of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, by amending Chapter 92-31 (Imposition, Rate and Computation of Tax; Exemptions), by defining sale or sales; by defining resident and nonresident; by defining dividend and include; by fixing the rate of taxation on individuals; by fixing the rate of taxation on corporations; by fixing the rate of taxation on fiduciaries; by further defining corporations and organizations exempt from tax; by fixing

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the amount of personal exemptions and credits; by providing that annuities be included in gross income; by providing for exemption only of dividends received on stock of national banks; by further defining what taxes shall not be deducted from gross incomes; by further defining losses; by further defining bad debts and providing that expenses incurred in earning non-taxable income is not an allowable deduction; by providing for the allocation and apportionment of income of corporations; by further defining foreign partnerships; by further defining the basis for determining gain or loss; by amending Chapter 92-32 (Returns and Furnishing of Information) by providing what individuals shall file returns; by requiring the furnishing of information by corporations as to the payments of dividends and compensation; by providing for tentative returns; by fixing penalties for failure to file returns, for false and fraudulent returns; by providing for return for delinquent person by Commission or agent; by providing for penalty for failure of taxpayer to furnish information; by amending Chapter 92-33 (Payment; Deficiencies; Assessment and Collection); by defining the period of limitation upon assessment and collection; by providing for the recording of the executions; by providing for waiver; by providing for reciprocal provision for enforcing tax liens; by requiring executors, administrators, and guardians to notify the State Revenue Commission in applying for letters of dismission; by providing for collection of income tax out of the assets of dissolved corporations by providing that the tax shall be pro-rated in certain instances; by requiring the Secretary of State to furnish list of corporations registering with his office to the State Revenue Commission; by providing that income taxes may be collected by process of garnishment; by repealing Section 92-112 of the Code of Georgia of 1933 Acts 1931 Extra. Session Page 60; and other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. That Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 9 (Income Taxes), Chapter 92-31 (Imposition, Rate, and Computation of Tax; Exemptions) of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, relating to the State tax on incomes, be and the same is hereby amended by striking from Section 92-3002, Paragraph (i) and (j), and inserting in lieu thereof the following: 92-3001 et seq. amended. (i) The word `resident' means natural persons, and includes, for the purpose of determining liability to the taxes imposed by this law upon or with reference to the income of any taxable year; (1) Every legal resident of this State as now defined by the general law; (2) Every person domiciled in this State on the last day of the taxable year; (3) and any other person who maintains a place of abode within the State and spends in the aggregate more than six (6) months of the taxable year within the State whether domiciled in this State or not. But any person who, on or before the last day of the taxable year changes his place of abode to a place without this State, with the bona fide intention of continuing actually to abide permanently without this State, shall be taxable the same as a nonresident is taxable under this Act. The fact that a person who has changed his place of abode, within six (6) months from so doing, again resides within this State, shall be prima facie evidence that he did not intend permanently to have his place of abode without this State. Such person not having returned his income for taxation as a resident of this State shall be deemed to have resided on the day when such income should have been listed at his last place of abode within this State. The fact that a person whose place of abode during the greater portion of such twelve (12) months has been within this State does not claim or exercise the right to vote at public elections within this State,

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shall not, of itself, constitute him a nonresident of this State within the meaning of this Act. (j) The word `nonresident' means any natural person whose domicile and legal residence is without this State, and who does not spend in the aggregate as much as six (6) months of the taxable year within this State, and by adding at the end of said section the following: (n) The words `sale or sales' wherever appearing in this Act for the purpose of apportioning net income to Georgia shall be deemed to be the total value of all sales made through or by the offices, agencies, or branches located within this State, regardless of the destination. (o) The word `dividend' when used in this law for the purpose of defining a taxable dividend means any distribution made by a corporation out of its earnings or profits to its shareholders or members whether such distribution be made in cash or in other property or in a stock different from the stock on which the dividend is paid. It includes such portion of the assets of a corporation distributed at the time of dissolution as would in effect be a distribution of earnings. (p) The word `include' when used in the definitions contained in this Act shall not be deemed to exclude things otherwise within the meaning of the term defined, so that said Section 92-3002, of Chapter 92-31, of Title 92, as amended, shall read as follows: 92-3002. Definitions. Definitions. (a) The word `Commission' means the State Revenue Commission of Georgia. (b) The word `taxpayer' includes any individual, corporation, or fiduciary subject to the tax imposed by this law. (c) The word `individual' means a natural person.

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(d) The word `corporation' includes associations and insurance companies. (e) The word `fiduciary' means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any person, trust or estate. (f) The word `person' includes individuals, fiduciaries, partnerships and corporations. (g) The word `domestic,' when applied to any corporation or association, including partnership, means created or organized or domesticated in this State. (h) The word `foreign,' when applied to any corporation or association, including partnership, means created or organized outside this State. (i) The word `resident' means natural persons, and includes for the purpose of determining liability to the taxes imposed by this law upon or with reference to the income of any taxable year; (1) Every legal resident of this State as now defined by the general law; (2) Every person domiciled in this State on the last day of the taxable year; (3) and any other person who maintains a place of abode within the State and spends in the aggregate more than six (6) months of the taxable year within the State whether domiciled in this State or not. But any person who, on or before the last day of the taxable year changes his place of abode to a place without this State, with the bona fide intention of continuing actually to abide permanently without this State, shall be taxable the same as a nonresident is taxable under this Act. The fact that a person who has changed his place of abode, within six (6) months from so doing, again resides within this State, shall be prima facie evidence that he did not intend permanently to have his place of abode without this State. Such person not having returned his income for taxation as a resident of this State

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shall be deemed to have resided on the day when such income should have been listed at his last place of abode within this State. The fact that a person whose place of abode during the greater portion of such twelve (12) months has been within this State does not claim or exercise the right to vote at public elections within this State, shall not, of itself, constitute him a nonresident of this State within the meaning of this Act. (j) The word `nonresident' means any natural person whose domicile and legal residence is without this State, and who does not spend in the aggregate as much as six (6) months of the taxable year within this State. (k) The words `taxable year' mean the calendar year, or the fiscal year ending during such calendar year upon the basis of which the net income is computed under this law. (l) The words `fiscal year' mean an accounting period of twelve (12) months ending on the last day of any month other than December. (m) The word `paid' for the purpose of deductions under this law, means `paid or accrued' or `paid or incurred,' and the words `paid or accrued,' `paid or incurred' and `incurred' shall be construed according to the method of accounting upon the basis of which the net income is computed under this law. The word `received,' for the purpose of computation of the net income under this law, means `received or accrued,' and the words `received or accrued' shall be construed according to the method of accounting upon the basis of which the net income is computed under this law. (n) The word `sale or sales' wherever appearing in this Act for the purpose of apportioning net income to Georgia shall be deemed to be the total value of all sales made through or by the offices, agencies, or branches located within this State, regardless of the destination.

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(o) The word `dividend' when used in this law for the purpose of defining a taxable dividend means any distribution made by a corporation out of its earnings or profits to its shareholders or members whether such distribution be made in cash or in other property or in a stock different from the stock on which the dividend is paid. It includes such portion of the assets of a corporation distributed at the time of dissolution as would in effect be a distribution of earnings. (p) The word `include' when used in the definitions contained in this Act shall not be deemed to exclude things otherwise within the meaning of the term defined. Section 2. That Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by striking and repealing Section 92-3101 and inserting in lieu thereof the following: A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected, and paid annually, with respect to the entire net income of the taxpayer as hereinafter defined; and upon every nonresident with respect to his entire net income not hereinafter exampted, received by such taxpayer from property owned or from business carried on in this State: computed at the following rates: On the first $1000.00 or any part thereof 1% Rates on individuals. On all income in excess of $1000.00 and not exceeding $3000.00 or any part thereof 2% On all income in excess of $3000.00 and not exceeding $5000.00 or any part thereof 3% On all income in excess of $5000.00 and not exceeding $7000.00 or any part thereof 4% On all income in excess of $7000.00 and not exceeding $10,000.00 or any part thereof 5%

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On all income in excess of $10,000.00 and not exceeding $20,000.00 or any part thereof 6% On all income in excess of $20,000.00 7% Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return, so that said Section 92-3101, of Chapter 92-31, of the Code of Georgia of 1933 as amended shall read as follows: A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually, with respect to the entire net income of the taxpayer as hereinafter defined: and upon every nonresident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this State: computed at the following rates: On the first $1000.00 or any part thereof 1% On all income in excess of $1000.00 and not exceeding $3000.00 or any part thereof 2% On all income in excess of $3000.00 and not exceeding $5000.00 or any part thereof 3% On all income in excess of $5000.00 and not exceeding $7000.00 or any part thereof 4% On all income in excess of $7000.00 and not exceeding $10,000.00 or any part thereof 5% On all income in excess of $10,000.00 and not exceeding $20,000.00 or any part thereof 6% On all income in excess of $20,000.00 7% Each and every individual subject to file a return as provided by this Act shall pay a minimum tax of $2.00 whether such return shall show any liability for tax on its net income as disclosed in the return.

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Section 3. That said Title 92, Division 1, Part 9, Chapter 92-31, of the Code of 1933 as amended by the Act approved March 26, 1935, be further amended by striking from Section 92-3102 the word four in the third line thereof and inserting in lieu thereof, the words five and one-half (5) so that said section as amended shall read as follows: 92-3102. Rate of Taxation of Corporations. Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to five and one-half 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 the 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 the stockholder owning in excess of five per cent. of the issued capital stock of the corporation or a relative percentum 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 ($10,000.00) dollars and the deficit, if any; such tax shall be assessed upon the base provided by this section which will produce the greater tax. Rates on corporations. (a) Each and every corporation subject to file a return as provided by this Act shall pay a minimum tax of $10.00 whether such return shall show any liability for tax on its net income as disclosed in the return. Section 4. That Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by adding at the end of the second sentence of paragraph (c) of Section 92-3103 the following words: The net income of the extate or trust shall be computed in the same manner and on the same basis as in the case of

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an individual, except that a credit of $10.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee or guardian, of the minor child or children of the deceased, also to guardians, trustees, executors and administrators, representing persons who are incompetent. If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year for the estate or trust ending within his taxable year. The tax imposed upon a fiduciary shall be a charge against the estate or trust, so that said section as amended shall read as follows: 92-3103. Fiduciaries. The tax imposed by this law shall be imposed upon resident fiduciaries and upon non-resident fiduciaries having in charge funds or property for the benefit of a resident of this State, and at the rates provided for individuals, which tax shall be levied, collected, and paid annually with respect to: Fiduciaries. (a) That part of the net income of estates or trusts which has not become distributable during the taxable year. (b) The net income received during the taxable year by deceased individuals who, at the time of death, were residents and who have died during the taxable year or subsequent thereto without having made a return. (c) The entire net income of resident insolvent or incompetent individuals, whether or not any portion thereof is held for the future use of the beneficiaries, where the fiduciary has complete charge of such net income, the net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual, except that a credit of $10.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee or guardian, of the minor child or children

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of the deceased, also to guardians, trustees, executors, and administrators representing persons who are incompetent. If the taxable year of a beneficiary is different from that of the estate or trust, the amount which he is required to include in computing his net income shall be based upon the income of the estate or trust for any taxable year for the estate or trust ending within this taxable year. The tax imposed upon a fiduciary shall be a charge against the estate or trust. Section 5. That said Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by striking from Section 92-3105, Paragraph (c), and inserting in lieu thereof the following paragraph: Cemetery Corporations, any community chest fund, or foundation, organized and operated exclusively for religious, 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, so that said section as amended shall read as follows: 92-3105. Corporations and Organizations Exempt from Tax. The following organizations shall be exempt from taxation under this law. Exempt organizations. (a) Fraternal beneficiary societies, orders, or associations (1) operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system, and (2) providing for the payment of life, sick, accident, or other benefits to the members of such society, order of association or their dependents. (b) Building and loan association and cooperative banks without capital stock, organized and operated for mutual purposes and without profit.

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(c) Cemetery corporations, any community chest, funds, or foundations, organized and operated exclusively for religious, 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. (d) Business leagues, chambers of commerce, or boards of trade not organized for profit, and no part of the net earnings of which inures to the benefit of any private stockholder of individual. (e) Civic league organizations not organized for profit, but operated exclusively for the promotion of social welfare. (f) Clubs organized and operated exclusively for pleasure, recreation, and other non-profitable purposes, no part of the net earnings of which inures to the benefit of any private stockholder or member. (g) Farmers or other mutual hail, cyclone, or fire insurance companies, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations of a purely local character, the income of which consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting expenses. (h) Farmers, fruitgrowers, or like organizations organized and operated as sales agent for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them. (i) Banks and trust companies doing a general banking business. (j) Insurance companies which pay to the State a tax upon premium income.

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Section 6. That said Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by striking and repealing Section 92-3106 and inserting in lieu thereof the following so that said section as amended shall read as follows: 92-3106. Personal Exemptions and Credits. There shall be deducted from the net income of resident individuals the following exemptions: (a) In the case of a single individual, a personal exemption of $1,000.00 Personal exemptions. (b) In the case of a married person living with husband or wife, a personal exemption of $2,500.00. A husband and wife living together shall receive but one personal exemption, the amount of such personal exemption shall be $2,500.00. If such husband and wife make separate returns, the personal exemption may be taken by either or divided between themselves, the total amount of both shall not exceed $2,500.00. (c) In the case of a widow or widower having minor child or children, natural or adopted, $2,500.00. (d) Four hundred dollars for each individual (other than husband and wife) dependent upon and receiving his chief support from the taxpayer, if such dependent individual is under 18 years of age, or is incapable of self-support because mentally or physically defective. (e) Nonresident individuals, whether married or single, shall be entitled to a personal exemption of $1,000.00, but no credit for dependents shall be allowed. (f) The status of the taxpayer on the last day of the taxable year shall determine the right to the exemptions allowed by this section; Provided, that a taxpayer shall be entitled to such exemption for husband and wife or dependents who have died during the taxable year.

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(g) In the case of an individual who dies during the taxable year, the personal exemption and the credit for dependents shall be determined by his status at the time of his death, and in such case full credits shall be allowed to the surviving spouse, if any, according to his or her status at the close of the taxable year. (h) The net income of the estate or trust shall be computed in the same manner and on the same basis as in the case of an individual, except that an exemption of $1,000.00 shall be allowed only to a fiduciary acting in the capacity of an administrator, executor, trustee or guardian, of the minor child or children of the deceased, also to guardians, trustee,s executors, and administrators, representing persons who are incompetent. (i) The State Revenue Commission is authorized to make such rules and regulations as will prevent the allowing of more than one personal exemption to an individual taxpayer. Section 7. That said Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, be further amended by striking from Section 92-3107, Paragraph (b), Subsection (2) thereof, and inserting in lieu the following: (2) Annuities, etc., amounts received (other than amounts paid by reason of the death of the insured and interest payments on such amounts and other amounts received as annuities), under a life insurance or endowment contract, but if such amounts (when added to amounts received before the taxable year under such contract), exceed the aggregate premiums or consideration paid (whether or not paid during the taxable year) then the excess shall be included in gross income. Amounts received as an annuity under an annuity or endowment contract shall be included in gross income; except that there shall be excluded from gross income the excess of the amount received in the

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taxable year over an amount equal to 3 per centum of the aggregate premiums or consideration paid for such annuity (whether or not paid during such year), until the aggregate amounts excluded from gross income in respect of such annuity equals the aggregate premiums or consideration paid for such annuity. In the case of a transfer for a valuable consideration, by assignment or otherwise, of a life insurance, endowment, or annuity contract or any interest therein, only the actual value of such consideration and the amount of the premiums and other sums subsequently paid by the transferee shall be exempt from taxation under Paragraph (1) or this paragraph. Life insurance annuities, etc. and by striking from said Section 92-3107, Paragraph (b), Subsection (9) thereof, and inserting in lieu thereof the following: (9) Dividends received on stock of banks and trust companies doing a regular commercial banking business. so that said Section 92-3107, as amended shall read as follows: 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 profit 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 forty 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. Gross income.

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(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) Annuities, etc. Amounts received (other than amounts paid by reason of the death of the insured and interest payments on such amounts and other amounts received as annuities), under a life insurance endowment contract, but if such amounts (when added to amounts received before the taxable year under such contract), exceed the aggregate premiums or consideration paid (whether or not paid during the taxable year) then the excess shall be included in gross income. Amounts received as an annuity under an annuity or endowment contract shall be included in gross income; except that there shall be excluded from gross income the excess of the amount received in the taxable year over an amount equal to 3 per centum of the aggregate premiums or consideration paid for such annuity (whether or not paid during such year), until the aggregate amounts excluded from gross income in respect of such annuity equals the aggregate premiums or consideration paid for such annuity. In the case of a transfer for a valuable consideration, by assignment or otherwise, of a life insurance, endowment, or annuity contract, or any interest therein, only the actual value of such consideration and the amount of the premiums and other sums subsequently paid by the transferee shall be exempt from taxation under Paragraph (1) or this paragraph. Annuities. (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 agrement, on account of such injuries or sickness. Insurance.

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(4) The value of property acquired by gift, bequest, devise, or descent (but the income from such property shall be included in gross income). Gifts, etc. (5) Interest upon the obligations of the United States Government, or this State or of a political subdivision thereof. Interest. (6) Amounts received as pensions from the Government of the United States or any State of the United States. Pensions. (7) Dividends received on stock of banks and trust companies doing a regular commercial banking business. Stock dividends. Section 8. That said Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by inserting at the end of Paragraph (a), of Section 92-3109, the following words: Expense incurred in earning non-taxable income is not an allowable deduction from taxable income before computing the tax. and be further amended by inserting in Paragraph (c), of said Section 92-3109 after the words estate and inheritance taxes the following words: gift taxes and by striking from Paragraph (d), of said Section 92-3109, the following words: losses sustained during the taxable year and not compensated for by insurance or otherwise, and inserting in said paragraph in lieu thereof the following words: Losses sustained during the taxable year and not compensated for by insurance or otherwise: Provided such losses were: Losses. (1) incurred in the taxpayers regular trade or business; (2) incurred in transactions entered into for profit;

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(3) arising from fire, storm, shipwreck or other casualties, or theft. and be further amended by striking from Paragraph (e), of said section, the last sentence thereof and inserting in lieu thereof, the following: No deduction with respect to personal loans or endorsements to relatives and friends not in the course of the taxpayers' regular trade or business shall be allowed as a bad debt or otherwise. by striking from Paragraph 3, Subsection (f), and inserting in lieu thereof the following: (f) 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 after the cost has been recovered or restored through depreciation previously allowed for either Federal or State income tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period. so that said Section 92-3109 as amended shall read as follows: 92-3109. Deductions from Gross Income. In computing net income there shall be allowed as deductions: (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

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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 taxpayer has not taken or is not taking title or in which he had no equity. Expense incurred in earning non-taxable income is not an allowable deduction from taxable income before computing the tax. Deductions. (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, gift 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. (d) Losses. Losses sustained during the taxable year and not compensated for by insurance or otherwise: Provided, such losses were: (1) incurred in the taxpayer's regular trade or business; (2) incurred in transactions entered into for profit; (3) arising from fire, storm, shipwreck or other casualties, or theft. 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 stockholders owning

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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. (c) 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 personal loans or endorsements to relatives and friends not in the course of the taxpayer's regular trade or business shall be allowed as a bad debt or otherwise. (f) 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 after the cost has been recovered or restored through depreciation previously allowed for either Federal or State income tax purposes no further deduction shall be allowed. The amount allowed as a deduction for depreciation or depletion shall in no instance exceed the amount so allowed in a return filed with the Federal Government for the same period. (g) Contributions or Gifts. Contributions or gifts made by individuals within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely for charitable purposes, that are operated solely and exclusively for religious, 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 fifteen per centum of the taxpayer's net income as computed without the benefit of this section.

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Section 9. That Title 92, Division 1, Part 9, Chapter 92-31, of the Code of Georgia of 1933, as amended by the Act approved March 26, 1935, Acts of 1935, Page 127, be further amended by striking in its entirety Section 92-3113, as amended and inserting in lieu thereof the following: 92-3113. Corporation; 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. Corporations. (a) 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 received on bonds and dividends received on stocks held for investment are not subject to allocation except as they may be used to reduce apportionable interest paid. Rentals received from real estate held purely for investment purposes and not used in the operation of the business are not subject to apportionment. All expenses connected with the interest, dividends, and rentals realized from investments such as the above are not subject to apportionment, but must be applied against the investment income. The taxability of the net investment income depends upon the situs of the investment property or the situs of the corporation. (2) Gains from the sale of tangible or intangible property not held, owned, or used in connection with the trade

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or business of the corporation, nor 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 not 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 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 and the two

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percentages averaged; 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 employes 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 of said property, shall for the purposes of this section be deemed a part of the expense of conducting such business. 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 apportionable to Georgia determined as follows: 1. Tangible property ratio. The ratio of the tangible property, real, personal, and mixed, owned and used by the taxpayer in Georgia in connection with the trade or business during the income year to the total of such tangible property of the taxpayer owned and used in connection with the trade or business everywhere. Cash on hand or in bank, shares of stocks, notes, bonds, accounts receivable or other evidence of indebtedness, special privileges, franchises, patents, and good will; or property, the income from which is not taxable or is specifically allocated shall not be considered tangible property nor included in the apportionment. 2. Manufacturing cost ratio. The ratio of the total cost of manufacturing, collecting, assembling or processing within this State to the total cost of manufacturing, collecting, assembling or processing everywhere. The term `cost of manufacturing, collecting, assembling, or processing

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within this State and everywhere' as used herein shall be interpreted in a manner to conform as nearly as may be possible to the best accounting practice in the trade or business, unless, in the opinion of the Revenue Commission, the peculiar circumstances in any case justify a different treatment. This term shall be generally interpreted to include as elements of cost within this State the following: a. The total cost of all goods, materials, and supplies used in manufacturing, assembling, or processing within this State regardless of where purchased. b. The total wages and salaries paid or incurred during the income year in this State in such manufacturing, assembling or processing activities. c. The total overhead or manufacturing burden properly assignable according to good accounting practice to such manufacturing, assembling, or processing activities within this State including only such expenses as are allowable deductions for determining taxable net income as provided by this Act. 3. Sales ratio. The ratio of the total sales made through or by offices, agencies, or branches located in Georgia during the income year to the total net sales made everywhere during said income year. The tangible property ratio, the manufacturing cost ratio, and the sales ratio being separately determined and the three percentages averaged. d. Where income is derived principally from the holding and/or sale of tangible personal property having a taxable situs in this State, the taxable income shall be apportioned as follows: 1. Real estate and tangible personalty. The ratio of the value of its real estate and tangible personal property in this State on the date of the close of the income year

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of such company to the value of its entire real estate and tangible personal property then owned by it with no deduction on account of incumbrances thereon. 2. Sales. The ratio of the total sales made through or by its offices, agencies, or branches located in Georgia during the income year to the total sales made everywhere during said income year. The tangible property ratio and the sales ratio being separately determined and the two percentages averaged. e. Where one corporation owns stock in another corporation, the 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. Section 10. That Title 92, Division 1, Part 9, Chapter 92-31 of the Code of Georgia of 1933, be further amended by striking all of said Section 92-3117 and inserting in lieu thereof the following: 92-3117. Nonresident Members of Partnerships. Where one or more of the individual members of a partnership engaged in business in this State are nonresidents of this State, the said nonresidents shall be taxable on their share of the net profits of such partnership. Nonresident partners. Section 11. That said Title 92, Division 1, Part 9, Chapter 92-31 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by inserting in Section 92-3119, after the word date in line 5 of the Act, the following words:

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Provided, that no gain greater than the actual gain based on cost shall be taxable and no loss greater than the actual loss based on cost shall be deductible so that said section as amended shall read as follows: 92-3119. Basis for determining gain and loss. The basis for ascertaining the gain derived or the 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; Provided, that no gain greater than the actual gain based on cost shall be taxable and no loss greater than the actual loss based on cost shall be deductible; 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 Gain and loss. (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 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

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in respect of such property, whether or not such deductions were claimed by the taxpayer or formerly allowed. Section 12. That said Title 92, Division 1, Part 9, Chapter 92-32 (Returns and Furnishing of Information), of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be amended by striking from Paragraph (a) of Section 92-3201, sentences (1), (2), (3), (4), and (5), and inserting in lieu thereof the following language: (1) Every resident individual having a net income for the taxable year of $1,000.00 or over, if single, or if married and not living with husband or wife. (2) Every resident individual having a combined net income for the taxable year of $2,500.00 or over, if married and living with husband or wife. (3) Every nonresident individual having a net income within this State for the taxable year of $1,000.00 whether married or single. (4) Every resident individual having a gross income for the taxable year of $5,000.00 or over, regardless of the amount of his net income; and (5) Every nonresident individual having a gross income within this State for the taxable year of $5,000.00 or over, regardless of the amount of his net income, and be further amended by striking from Section 92-3201, Paragraph (b) in its entirety and inserting therein at Paragraph (b) the following: (b) If a husband and wife living together have an aggregate net income for the taxable year of $2,500.00 or over, or an aggregate gross income for such year of

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$5,000.00 or over, (1) each shall make such a return, or (2) the income of each shall be included in a single joint return, in which case the tax shall be computed on the aggregate income but the total personal exemption shall not exceed the amount as provided in Section 92-3106 of this Act, so that said section as amended shall read as follows: 92-3201. Individual Returns; Husband and Wife, Persons Under Disability. Individual returns. (a) Each of the following individuals shall make under oath a return stating specifically the items of his gross income and the deductions and credits allowed by this law: (1) Every resident individual having a net income for the taxable year of $1,000.00 or over, if single, or if married and not living with husband or wife. (2) Every resident individual having a combined net income for the taxable year of $2,500.00 or over, if married and living with husband or wife. (3) Every nonresident individual having a net income within this State for the taxable year of $1,000.00 whether married or single. (4) Every resident individual having a gross income for the taxable year of $5,000.00 or over, regardless of the amount of his net income; and (5) Every nonresident individual having a gross income within this State for the taxable year of $5,000.00 or over, regardless of the amount of his net income. (b) If a husband and wife living together have an aggregate net income for the taxable year of $2,500.00 or over, or an aggregate gross income for such year of $5,000.00 or over, (1) each shall make such a return, or (2) the income of each shall be included in a single joint

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return, in which case the tax shall be computed on the aggregate income but the total personal exemption shall not exceed the amount as provided in Section 92-3106 of this Act. (c) If the taxpayer is unable to make his own return, the return shall be made by a duly authorized agent or by the guardian or other person charged with the care of the person or property of such taxpayer. (d) The return of an individual who, while living, received income in excess of the exemption during the taxable year, and who died before making the return, shall be made in his name and behalf by the administrator or executor of the estate. Section 13. That said Title 92, Division 1, Part 9, Chapter 92-32 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by striking from Section 92-3205 the words and figures fifteen hundred ($1500.00) dollars wherever they occur and inserting in lieu thereof the words and figures one thousand ($1,000.00) dollars so that said section as amended shall read as follows: 92-3205. Information at the Source; Payment of $1,000.00 or More. Every individual, partnership, corporation, association or insurance company, being a resident or having a place of business in this State, including lessees or mortgagees of real or personal property, fiduciaries, employers, and all officers and employees of the State or of any political subdivision of the State, having the control, receipt, custody, disposal or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to $1,000.00 or over, paid or payable during any year to any taxpayer, shall make complete returns thereof under

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oath to the State Revenue Commission, under such regulations and in such form and manner and to such extent as may be prescribed by the Commission; and unless such income is so reported, the Commission may disallow such payments as deductions or credits in computing the tax of the payer. Information. Section 14. That said Title 92, Division 1, Part 9, Chapter 92-32 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by adding the following words at the end of Section 92-3210: In case a taxpayer is granted an extension of time to file a return, the Commission may require a `tentative' return to be filed on or before the due date of the return with respect to which the extension is granted. A tentative return should be made on the usual form, plainly marked `Tentative,' should state the estimated amount of the tax believed to be due and should be properly executed under oath. So that said section as amended shall read as follows: 92-3210. Time and Place of Filing Returns. Returns shall be filed with the Commission at its office in the State Capitol on or before the fifteenth day of March in each year, except that in the case of taxpayers using a fiscal year the return shall be filed within 75 days after the close of such fiscal year. In case of sickness, or other disability, or whenever in its judgment good cause exists, the State Revenue Commission may allow further time for filing returns. In case a taxpayer is granted an extension of time to file a return, the Commission may require a `tentative' return to be filed on or before the due date of the return with respect to which the extension is granted. A tentative return should be made on the usual form, plainly marked `Tentative,' should state the estimated amount of the tax believed

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to be due and should be properly executed under oath. Returns. Section 15. That said Title 92, Division 1, Part 9, Chapter 92-32 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by striking Section 92-3211 and inserting in lieu thereof a new section to read as follows: 92-3211. Penalties; Late Filing, Failure to File Returns; False and Fraudulent Return. (a) Penalty for late filing. In the case of any taxpayer who voluntarily discloses and files an income tax return after such return has become delinquent, there shall be collected as a part of the tax a penalty of $5.00; or where no tax is shown to be due, there shall be collected a penalty of $5.00. Penalties. (b) Penalty for failure to file return. Any person, firm or corporation who fails or refuses to file a return required by this law within the time prescribed by law, there shall be added to the tax a penalty equivalent to 25% of the tax, but in no case shall the penalty so added be less than $5.00; or in the case of failure to file a return where no tax is due, there shall be collected a penalty of $5.00. (c) False or fraudulent return. In the case of any person, firm or corporation who files a false or fraudulent return, there shall be added to the tax a penalty equivalent to 50% of the tax, but in no case shall the penalty so added be less than $5.00. The amounts so added as penalties shall be collected as a part of the tax. Section 16. That said Title 92, Division 1, Part 9, Chapter 92-32 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by inserting in Section 92-3212 the words or refuses after the word fails in the first sentence thereof so that said section as amended shall read as follows:

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92-3212. Return for Delinquent Person By Commission or Agent. If any person, corporation, company, or association fails or refuses to make and file a return at the time prescribed by this or any prior law, or makes, wilfully or otherwise, a false or fraudulent return, the State Revenue Commission or its agent shall make the return from its own knowledge and from such information as it can obtain through testimony or otherwise. Any return so made and subscribed by the Commission or its agent, and approved by the Commission, shall be prima facie good and sufficient for all legal purposes. Delinquents. Section 17. That said Title 92, Division 1, Part 9, Chapter 92-32 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by adding at the end of said chapter a new paragraph to read as follows: 92-3217. Failure of Taxpayer to Furnish Information; Penalty. If any individual, corporation, partnership, fiduciary, or any officer or employee, or member of a partnership required under this law to pay any tax, make any return, keep any records, or supply any information, or exhibit any books or records for the purpose of computation, assessment, or collection of any tax imposed by this law, shall fail to pay this tax, make such return, keep such records, supply such information, or exhibit such books or records when requested to do so by the State Revenue Commission, shall, in addition to other penalties provided by law, be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. Penalty for failure of information. Section 18. That said Title 92, Division 1, Part 9, Chapter 92-33 (Payments; Deficiencies; Assessment and Collection), of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935 be amended by striking from Section 92-3303 Paragraphs (b) and (c), and inserting in lieu thereof, the following:

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(b) In the case a return is filed which fails to disclose the total income from all sources, or the return is incomplete, the tax on the amount of income which is not fully disclosed together with schedules attached may be assessed at any time; or in case of failure to file a return, the tax may be assessed or a proceeding in court for collection of such tax may be begun without assessment at any time. Incomplete returns. (c) When the assessment of any income tax has been made within the period of limitation properly applicable thereto, such tax may be collected by execution, and the general law of tax executions as now contained in the Code Section 92-7401 et seq. shall apply. If there is no property out of which the execution may be satisfied it shall be the duty of the State Revenue Commission to have the same entered upon the general execution docket of the county in which the taxpayer may have any property and the same shall become a lien upon any property which the taxpayer has with the same priorities as other tax liens from the day same is entered upon the general execution docket, Limitation of action. and by adding to the section two new paragraphs to read as follows: (d) Whenever an entry of nulla bona has been made by any sheriff upon any income tax fi. fa., the State Revenue Commission shall proceed to collect same by process of garnishment as provided in Section 92-7501 of this Code. Garnishment. (e) Waiver. Where before the expiration of the time prescribed in this law for the assessment of the tax, both the State Revenue Commission and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before

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the expiration of the period previously agreed upon. The State Revenue Commission shall also have the right in such a case to waive the statute of limitations against a claim for refund by such taxpayer, Agreement and waiver. so that said Section 92-3303 as amended shall read as follows: 92-3303. Period of Limitation Upon Assessment and Collections. (a) Except as provided in Subsection (b) of this section, the amount of income taxes imposed by this law shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period. Limitation of action. (b) In the case a return is filed which fails to disclose the total income from all sources, or the return is incomplete, the tax on the amount of income which is not fully disclosed together with schedules attached may be assessed at any time; or in case of failure to file a return, the tax may be assessed or a proceeding in court for collection of such tax may be begun without assessment at any time. Incomplete returns. (c) When the assessment of any income tax has been made within the period of limitation properly applicable thereto, such tax may be collected by execution, and the general law of tax executions as now contained in the Code Section 92-7401 et seq. shall apply. If there is no property out of which the execution may be satisfied it shall be the duty of the State Revenue Commission to have the same entered upon the general execution docket of the county in which the taxpayer may have any property and the same shall become a lien upon any property which the taxpayer has with the same priorities as other tax liens from the day same is entered upon the general execution docket. Liens.

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(d) Whenever any entry of nulla bona has been made by any sheriff upon any income tax fi. fa., the State Revenue Commission shall proceed to collect same by process of garnishment as provided in Section 92-7501 of the Code of Georgia of 1933. Garnishment. (e) Waiver. Where before the expiration of the time prescribed in this law for the assessment of the tax, both the State Revenue Commission and the taxpayer have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. The State Revenue Commission shall also have the right in such a case to waive the statute of limitations against a claim for refund by such taxpayer. Agreement and waiver. Section 19. That Title 92, Division 1, Part 9, Chapter 92-33 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935 be further amended by inserting in Section 92-3306 after the word docket in line 31 the following words: Provided that nothing herein contained shall prevent the State Revenue Commission from having said fi. fa. entered upon the general execution docket prior to the time the same is turned over to the sheriff for collection and when said fi. fa. is so entered on the general execution docket it shall be entitled to all the priorities accorded to other tax executions under the general law of this State, from the date of record. So that said section as amended shall read as follows: 92-3306. Execution for Collection of Tax; Affidavit of Illegality. If any tax imposed by this or any prior law is not paid within 10 days after notice and demand from the State Revenue Commission, the Commission shall issue

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an execution under its official seal, directed to the sheriff, or his lawful deputies, of any county of the State, requiring said officer to levy upon and sell the real or personal property of such taxpayer, found within his county, in sufficient amount to satisfy the said execution so issued, together with penalties, interest, and all costs of executing and collecting the said execution, and to return such execution to the Commission together with all such sums collected under and by virtue thereof, by a time to be therein specified, not more than 60 days from the date of the execution. The sheriff of any such county shall, within 10 days after the receipt of any such execution from the Commission, file the same, together with his entry of levy, with the clerk of the superior court of the county of the taxpayer's residence, and it shall thereupon be the duty of the clerk of the superior court to enter the said execution on the general execution docket of the superior court of said county in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by the superior court of this State, and said execution when so docketed shall become a lien on the title to and interest in all real and personal property of the said taxpayer against whom the said execution was issued, and when said fi. fa. is so entered on the general execution docket it shall be entitled to all the priorities accorded to other tax executions under the general laws of this State, from the date of record. Provided that nothing herein contained shall prevent the State Revenue Commission from having said fi. fa. entered upon the general execution docket prior to the time the same is turned over to the sheriff for collection and when said fi. fa. is so entered on the general execution docket it shall be entitled to all the priorities accorded to other tax executions under the general law of this State, from the date of record. The sheriff shall thereupon proceed upon the same in all respects, with like effect and under the same rules as prescribed by the general laws relating and with respect to executions issued by any superior

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court of this State or other court of record, and shall be entitled to the same fees for his services in executing and collecting the said execution as allowed by law for like services to be collected under any superior court execution. In the event that any taxpayer may desire to contest the said execution, he may do so by filing an affidavit of illegality with the levying officer at the time of the levy, arresting the same as now prescribed by the general laws relating to the filing of affidavits of illegality, and when said affidavit of illegality is so filed and the tax is paid or bond for the eventual condemnation money is given it shall be the duty of the levying officer to return the said execution, together with the affidavit of illegality and bond, to the clerk of the superior court of the county of the taxpayer or defendant in execution, and the superior court of the said county shall then and there, at the first or next term, cause the said issue so made to be tried by a jury in the superior court of the county of the residence of the taxpayer, under the same rules of law and evidence as prevail in this State. It shall be the duty of the Attorney-General to represent the State when any such cases or contests made by affidavits of illegality are filed in any county, and it shall be the duty of the State Revenue Commission to notify the Attorney-General of such pending cause, giving him the name of the case and the court in which the same is pending. Any part of this law that may be in conflict with these provisions are expressly superseded by this section. Execution; illegality. Section 20. That said Title 92, Division 1, Part 9, Chapter 92-33 of the Code of Georgia of 1933 as amended by the Act approved March 26, 1935, be further amended by adding at the end of said chapter the following new sections to read as follows: 92-3313. Extraterritorial Authority to Enforce Payment. The State Revenue Commission, with the assistance of the Attorney-General, are hereby empowered to bring suits in the courts of other States to collect taxes legally

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due this State. The officials of other States which extend a like comity to this State are empowered to sue for the collection of such taxes in the courts of this State. A certificate by the Secretary of State, under the great seal of the State, that such officers have authority to collect the tax shall be conclusive evidence of such authority. Suits in other States. 92-3314. Ordinary to Notify State Revenue Commission. Whenever any executor, administrator or guardian, as the case may be, qualifies as such, the Ordinary of the county granting such letters, shall notify in writing the State Revenue Commission of such appointment. Notice by ordinary. 92-3315. To Collect Tax Out of Assets of Dissolved Corporation. Whenever any corporation has been dissolved or the assets of said corporation for any reason have passed entirely from control of said corporation into the hands of its former stockholders or others without the payment of income taxes due to the State of Georgia, the State Revenue Commission shall have the right to bring action against the person holding said assets for the collection of any income taxes that may be due the State up to the value of said assets. If the assets have come into the hands of more than one person, such person shall have the right to pro rate the amount of the tax according to the value of such assets coming into their hands. Dissolved corporation's assets. 92-3316. State Revenue Commission to Have Right to Pro Rate Tax. Whenever the State Revenue Commission in its discretion shall determine that for any reason a person because of moving into the State or moving from the State is not liable for the tax for an entire year, it shall have the right to pro rate the amount of the tax due to the State of Georgia and also to require the taxpayer to pro rate the exemption on the basis of the time spent within the State. The State Revenue Commission in its discretion to be the sole judge as to when this section shall apply. Proration of tax.

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92-3317. Secretary of State to Furnish Duplicate List. Whenever the Secretary of State furnishes a list of corporations qualified to do business within the State of Georgia to the Comptroller-General, as now required by law, he shall also furnish to the State Revenue Commission, Income Tax Division, a duplicate of said list. Lists by Secretary of State. Section 20-A. Expense Fund; Annual Budget Sheets. The necessary expenses to carry out the provisions of this law shall be defrayed out of the sums collected thereunder, and the amount thereof shall be fixed annually in advance upon an itemized budget sheet submitted by the State Revenue Commission, 30 days prior to the meeting of the General Assembly, accompanied by an itemized report of the expenditures made for the preceding year, when approved by the Governor. Said expense fund, or so much thereof as shall be needed shall be drawn upon the warrants of the Governor, supported by bills of particulars and vouchers submitted by the State Revenue Commission: Provided, that said expense fund as shown by said approved budget sheets shall be set aside out of the first collection made hereunder in any fiscal year, and provided the sums used to defray said expenses shall not exceed 3% of the total revenue derived under this law. Expense fund; budget. Section 21. Be it further enacted, That Section 92-112 Title 92, Division 1, Part 9, Chapter 92-1 of the Code of Georgia of 1933 Acts 1931 Extra. Session, Page 60 be and the same is hereby repealed. Repeal of Act of 1931. Section 22. 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. Constitutionality.

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Section 23. Be it enacted by the authority aforesaid and it is hereby enacted by the authority of the same, That this Act shall take effect as of January 1, 1937. Effective date. Section 24. 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 30, 1937. MALT BEVERAGE TAX LAW AMENDED. No. 471 An Act to amend an Act approved March 23, 1935, entitled 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, by (1) amending Section 5 by striking the words and figures One Dollar and Twenty-five cents ($1.25), where same appear therein, and substituting in lieu thereof the words and figures Two Dollars and Fifty cents ($2.50); by (2) repealing the last paragraph of Section 5, and substituting a new paragraph therefor, to the effect that the fees referred to therein shall be payable immediately when a brewer, wholesale dealer, or retail dealer enters business, and annually thereafter, while engaged in such business; by (3) amending Section 15-B of said Act, so that said section shall apply only to State, county, city or church school grounds of campuses, and such other schools that teach subjects usually taught in the common schools of the State of Georgia, and that the one hundred (100) yards mentioned in said section shall be said to mean by the nearest traveled road,

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street, or highway; by (4) adding a new section to said Act, providing that when a municipality, or county revokes the license issued to any person, firm, or corporation to whom said was granted for the manufacture, distribution or sale of malt beverages specified in this Act, such action shall automatically revoke the license issued to such person, firm or corporation by the State Revenue Commission, insofar as the license applies to the locality or jurisdiction wherein such revocation takes place, and providing further that when the State Revenue Commission revokes any license issued by it to any person, firm or corporation, such action shall automatically revoke license issued to such person, firm or corporation by any county or municipality of this State; by (5) striking and repealing Section 15-A of said Act, and substituting in lieu thereof a new section, to be known as Section 15-A, providing that the privilege of manufacturing, distributing, and selling by wholesale or retail the malt beverages provided for in said Act may be conducted in any county or municipality of this State, upon the payment of the license taxes to the State Revenue Commission, as provided in said Act, together with the payment of such license taxes as may be fixed or imposed by such municipality or county, and providing further that upon the written petition or application of as many as 15% of the registered voters of such municipality or county shall cause an election to be held to decide the question of whether or not such business may or may not be conducted in such municipality or county; by (6) adding a new section to said Act, providing that when any person, firm or corporation shall sell, offer for sale, possess for the purpose of sale, any of the malt beverages specified in said Act, without first having obtained a license to conduct the business in which such person, firm or corporation is engaged, as provided in this Act, the State Revenue Commission and its agents shall have the right

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to seize and take possession of such beverages on hand, and providing the method of the disposition of such stock so seized and for the enforcement of this section; by (7) adding a new section providing that no person, firm or corporation engaged in the business of distributing or selling, either at wholesale or retail, the malt beverages specified in this Act, shall sell, offer for sale, or possess for the purpose of sale and distribution such beverages, either in bottles or cans, unless such bottle or can containing such beverage shall have affixed on the top thereof what is known as a tax paid crown or lid-crown showing that the tax has been paid on the beverage contained in said bottle or can, and when said malt beverages are sold, offered for sale, or distributed for sale in barrels, or in any fractional part of a barrel, except in bottles or cans, there shall be attached to any and every such container a stamp showing that the tax upon the malt beverage therein contained has been paid and authorizing the State Revenue Commission to pass such rules and regulations as may be necessary to carry out the provisions of this section and for the enforcement of this section; by providing that none of the beverages as provided for under this Act shall be sold on Sunday, commonly known as the Sabbath; by providing for a penalty for a violation thereof; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That Section 5 of the Act of the General Assembly of Georgia, approved March 23, 1935, entitled An Act to provide for license and excise taxes upon the business of dealing in malt beverages, etc. be amended by striking the words and figures One Dollar and Twenty-five cents ($1.25) where same appears in said section and substituting in lieu thereof the words and figures Two Dollars and Fifty cents ($2.50); and by repealing the

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last paragraph of said section of said Act entirely and substituting in lieu thereof the following: Act of 1935 amended. Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commission when such brewer, wholesale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted. Fees. Section 2. That Section 15-B of said Act be amended by adding at the end thereof the following words: The school ground or college campus referred to in this paragraph shall apply only to State, county, city or church school ground or campus, and such other schools as teach the subjects usually taught in the common schools of the State of Georgia; and the one hundred (100) yards mentioned in said paragraph shall be construed to mean by the nearest traveled road, street or highway, so that said section shall read, as amended: No alcoholic beverage of any kind shall be sold upon any church, school ground or college campus or within one hundred (100) yards of such ground or campus. The school ground or college campus referred to in this paragraph shall apply only to State, county, city or church school ground campus, and to such other schools as teach the subjects commonly taught in the common schools of this State. Any violation of this section shall be a misdemeanor. School and college grounds. Section 3. Be it further enacted that said Act be, and the same is, hereby amended by adding thereto a new section to be known as Section 6 (3-B), which said new section shall read as follows: When any license issued under the provisions of this Act to any person, firm or corporation, for the manufacture, distribution, or wholesale or retail sale of malt beverages

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specified in said Act shall be revoked by any county or municipality of this State, such action shall automatically revoke the license issued to such firm, person or corporation by the State Revenue Commission insofar as said license applies to the locality or jurisdiction wherein such revocation took place, and when a license issued to any person, firm or corporation to engage in any business specified in said Act shall be revoked by the State Revenue Commission, such action shall automatically revoke the license issued to such person, firm or corporation by any municipality or county of this State. That if any person, firm or corporation, whether operating as a brewery, wholesale distributor or retailer, who enters business or conducts business, fails to file application for license with the proper fee accompanying same, within fifteen days from the date of beginning business, or from the date of the expiration of the previous license, shall be required to pay an amount equal to one and one-half the amount required for a license under the classification under which the business is conducted. In cities or counties where the issuing of licenses have been withheld by the licensing authorities, this higher price may be waived on presentation of an affidavit from the licensing authorities, setting forth facts and reasons showing that it was impossible for the applicant to have secured a license within the 15-day period from the expiration of the old license, or from the date the dealer entered business, and the regular price accepted for the license. License revocation. Section 4. Be it further enacted, that said Act be further amended by adding a new section thereto to be known as Section 17-A, to read as follows: Section 17-A. Be it further enacted, That no person, firm or corporation shall sell, offer for sale, or possess for the purpose of sale, any of the malt beverages specified and legalized by said Act, without first having obtained a license to deal in such beverages under the provisions of

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said Act, and any person, firm or corporation guilty of violating the provisions of this section shall be guilty of a misdemeanor and punished as provided in this Act. It shall be the duty of the State Revenue Commission and its agents to seize and take possession of any and all malt beverages specified herein, found in the possession of any person, firm or corporation in violation of the provisions of this section, and turn the same over to the sheriff of the county in which same were seized for safe-keeping for a period of 10 days. The said Commission or its agent or agents making said seizure shall take a receipt from said sheriff for the goods so seized; a receipt shall be given to the person, firm or corporation from whom said goods were seized, if known, stating from whom seized, if known, the place of seizure, and a description of the goods seized, and a duplicate of said receipt shall be filed in the office of the State Revenue Commission, which shall be open to public inspection, and a copy of said receipt shall be posted at the place of seizure. If, during the 10 days specified herein, a claim should be filed to said goods seized, said claim shall be returned to the superior court of the county of such seizure, to be tried, as other claims. If no claim is filed to said goods so seized within 10 days, the same shall be destroyed by the State Revenue Commission or its agents, as contraband. The State Revenue Commission is authorized to prepare proper notices and receipts as herein referred to and make such rules and regulations as it may deem proper to carry out the provisions of this section. License. Seizure. Claims. Section 5. Be it further enacted, That said Act shall be further amended by adding thereto a new section to be known and designated as Section 17-B, to read as follows: Section 17-B. Any person, firm or corporation engaged in the business of selling or distributing either at wholesale or retail, the malt beverages specified in said Act, in bottles or cans, shall not sell nor offer for sale, or possess for the purpose of sale, any bottle or can containing such

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malt beverages, unless such bottles or cans shall have attached or affixed thereto what is known as a tax paid crown or lid-crown, showing that the tax has been paid on the malt beverages contained in such bottle or can. And no person, firm or corporation engaged in the business of selling or distributing, either at wholesale or retail, the malt beverages legalized by said Act, in barrels, or any fractional part of a barrel, except in bottles or cans, shall sell or offer for sale, or possess for the purpose of sale any barrel or fractional part of a barrel containing the malt beverages herein referred to, except in bottles or cans, without having attached or affixed to any such container a stamp showing that the tax has been paid upon the malt beverages contained therein. And the State Revenue Commission is hereby empowered and authorized to make, provide and promulgate such rules and regulations as it may deem advisable for the purpose of carrying out the provisions of this section, and to provide by its rules, specifications for the crowns or lids to be attached to bottles and cans containing the malt beverages mentioned herein, and for stamps to be attached to barrels and fractional parts of barrels containing such beverages. Tax-paid lids and stamps. Section 6. None of the beverages as provided for under this Act shall be sold on Sunday, commonly known as the Sabbath. Sunday ban. Section 7. Any person selling any of the beverages as provided for under this Act on and during Sunday, commonly known as the Sabbath, shall be guilty of a misdemeanor and upon being found guilty shall be punishable as for a misdemeanor. Penalty. Section 8. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this amendment be and the same are hereby repealed. Approved March 30, 1937.

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MOTOR-BUSES, TRUCKS, TRAILERSMAINTENANCE TAX AND REGISTRATION No. 376. An Act to provide for the levy of a tax to be known as a Maintenance Tax to be paid by owners of motor-buses, trucks, and/or trailers operating over the public roads of this State; to repeal Chapter 92-29 of the Georgia Code of 1933, Motor Carriers for Hire, pertaining to an annual or a mileage tax to be paid by motor carriers for hire; to provide a schedule of rates to be paid; to provide a date upon which said tax will become effective; to provide for the registrations of all motor-buses, trucks and/or trailers affected by this Act with the Director of the Motor Vehicle Division of the State Revenue Commission in the manner that applications and registrations of all motor vehicles are now made; to provide for owners of said vehicles to make oath as to factory weights of same upon registration; to provide for one-half of the tax where vehicles are registered after August 1st up to December 31st, of each year; to provide a penalty for failure to register; to provide that a maintenance tag shall be procured from the Director of the Motor Vehicle Division of the State Revenue Commission upon the payment of the tax herein levied, and to provide for the issuance of a maintenance tag to persons registering under this Act; to provide that the Director of the Motor Vehicle Division of the State Revenue Commission shall not issue a tag until the maintenance tax herein provided for has been paid; to provide for the design of the maintenance tag to be issued upon the payment of tax herein provided; to provide that resident and non-resident owners of such vehicles shall register and pay the tax when making more than two (2) trips in the State from out of the State each month, except where seasonable agricultural products are hauled;

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to provide for the allocation of the funds derived from this tax to the United States Rural Post Roads Division of the State Highway Department of Georgia; to provide a saving clause in case any portion of this Act be declared unconstitutional; to provide for the punishment of any person violating the terms of this Act; to provide that said Act shall become effective April 1, 1937; to provide for the exemption of certain trucks and buses from the payment of this tax; to repeal all laws and parts of laws in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, all persons, firms, corporations, or associations holding title to a [Illegible Text] truck and/or trailer or having exclusive right to the use thereof for a period of more than thirty (30) days, shall pay a maintenance tax for the operation of such motor-bus, truck, and/or trailer upon and over the the public roads of this State, according to the schedule hereinafter provided. The maintenance tax herein provided for shall be in addition to any and all other taxes, license, or registration fees now required under existing laws. Provided, that nothing in this Act shall apply to trucks and buses owned and operated by any political subdivision of this State and used exclusively in its governmental functions. Provided, further, that this Act shall not apply to motor vehicles engaged exclusively in transporting school children and school teachers to and from public schools nor to buses or other motor vehicles operated on fixed routes wholly within the corporate or police limits of municipalities and their environs and/or in connection with the operation of which a franchise or occupational tax is required to be paid to such municipalities. Provided, further, that this Act shall not apply to carriers operating over a route of not more than twenty miles in length and solely between a point in this State and a point within a United

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States Military Reservation in this State under special franchise granted by the United States War Department. Maintenance tax. Section 2. Be it further enacted by the authority aforesaid, That for the purpose of this Act the following definitions shall apply: A. Motor-Bus. Any passenger carrying motor vehicle having a passenger seating capacity of eight (8) or more persons. Definitions. B. Trucks. A motor-vehicle for the transportation of property, which shall include any self-propelled vehicle designed for use as a traveling power plant or for drawing other vehicles but having no provision for carrying loads independently, except what are commonly known as farm tractors. C. Trailer. Any vehicle without motive power, designed for carrying persons or property either partially or wholly on its own structure and for being drawn by a self-propelled vehicle and operated over the public roads of this State; that trailer in this Act does not mean trailers used for small luggage or boats. Section 3. Be it further enacted by the authority aforesaid, That the annual maintenance tax for operation of motor-buses, trucks and/or trailers over the public roads of this State shall be as follows for each vehicle hereinafter named: A. For each passenger carrying motor-bus the following sums, to-wit: 1. For each such motor-bus weighing not more than 10,000 pounds factory weight, $1.00 per 100 pounds or major fraction thereof. Rates of tax. 2. For each motor-bus weighing more than 10,000 pounds but not more than 15,000 pounds factory weight, $1.50 per 100 pounds or major fraction thereof.

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3. For each such motor-bus weighing more than 15,000 pounds factory weight, $2.00 per 100 pounds or major fraction thereof. In addition to the taxes hereinbefore provided for each such passenger carrying motor-bus, the sum of $2.50 per passenger seat. B. For each non-passenger carrying motor vehicle or truck not used as a common or contract carrier for hire, the following sums, to-wit: 1. For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity $ 5.00 2. For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity 10.00 3. For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity 15.00 4. For each non-passenger carrying motor vehicle or truck of more than one and one-half and not exceeding two tons manufacturer's rated capacity 30.00 5. For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons manufacturer's rated capacity 37.50 6. For each non-passenger carrying motor vehicle or truck of more than two and one-half tons and not exceeding three tons manufacturer's rated capacity 45.00

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7. For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity 52.50 8. For each non-passenger carrying motor vehicle or truck of more than three and one-half tons and not exceeding four tons manufacturer's rated capacity 75.00 9. For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity 150.00 10. For each non-passenger carrying motor vehicle or truck of more than five tons and not exceeding six tons manufacturer's rated capacity 375.00 11. For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity 750.00 12. For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity 1,125.00 C. For each non-passenger carrying motor vehicle or truck used either as a common or contract carrier for hire, the following sums, to-wit: 1. For each non-passenger carrying motor vehicle or truck of less than one ton manufacturer's rated capacity $ 10.00 2. For each non-passenger carrying motor vehicle or truck of one ton manufacturer's rated capacity 20.00

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3. For each non-passenger carrying motor vehicle or truck of more than one ton and not exceeding one and one-half tons manufacturer's rated capacity 50.00 4. For each non-passenger carrying motor vehicle or truck of more than one and one-half and not exceeding two tons manufacturer's rated capacity 75.00 5. For each non-passenger carrying motor vehicle or truck of more than two tons and not exceeding two and one-half tons manufacturer's rated capacity 100.00 6. For each non-passenger carrying motor vehicle or truck of more than two and one-half tons and not exceeding three tons manufacturer's rated capacity 125.00 7. For each non-passenger carrying motor vehicle or truck of more than three tons and not exceeding three and one-half tons manufacturer's rated capacity 150.00 8. For each non-passenger carrying motor vehicle or truck of more than three and one-half tons and not exceeding four tons manufacturer's rated capacity 200.00 9. For each non-passenger carrying motor vehicle or truck of more than four tons and not exceeding five tons manufacturer's rated capacity 300.00 10. For each non-passenger carrying motor vehicle or truck of more than five tons and not exceeding six tons manufacturer's rated capacity 500.00

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11. For each non-passenger carrying motor vehicle or truck of more than six tons and not exceeding seven tons manufacturer's rated capacity 1,000.00 12. For each non-passenger carrying motor vehicle or truck of more than seven tons manufacturer's rated capacity 1,250.00 D. For each trailer or semi-trailer not used as, or in connection with a non-passenger carrying motor vehicle or truck used as a common or contract carrier for hire the following sums to-wit: 1. For each trailer or semi-trailer not exceeding 1,000 pounds factory weigh $ 5.00 2. For each trailer or semi-trailer exceeding 1,000 pounds but not more than 2,000 pounds factory weight 10.00 3. For each trailer or semi-trailer exceeding 2,000 pounds but not more than 3,000 pounds factory weight 20.00 4. For each trailer or semi-trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight 30.00 5. For each trailer or semi-trailer exceeding 4,000 pounds but not more than 5,000 pounds factory weight 40.00 6. For each trailer or semi-trailer exceeding 5,000 pounds but not exceeding 6,000 pounds factory weight 50.00 7. For each trailer or semi-trailer exceeding 6,000 pounds but not exceeding 7,000 pounds factory weight 60.00

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8. For each trailer or semi-trailer exceeding 7,000 pounds but not exceeding 8,000 pounds factory weight 80.00 9. For each trailer or semi-trailer exceeding 8,000 pounds but not exceeding 9,000 pounds factory weight 120.00 10. For each trailer or semi-trailer exceeding 9,000 pounds but not exceeding 10,000 pounds factory weight 150.00 11. For each trailer or semi-trailer exceeding 10,000 pounds factory weight 1,000.00 E. For each trailer or semi-trailer used as, or in connection with, a non-passenger carrying motor vehicle or truck used as common or contract carrier for hire, the following sums, to-wit: 1. For each trailer or semi-trailer not exceeding 1,000 pounds factory weight $ 10.00 2. For each trailer or semi-trailer exceeding 1,000 pounds but not more than 1,500 pounds factory weight 20.00 3. For each trailer or semi-trailer exceeding 1,500 pounds but not more than 3,000 pounds factory weight 30.00 4. For each trailer or semi-trailer exceeding 3,000 pounds but not more than 4,000 pounds factory weight 50.00 5. For each trailer or semi-trailer exceeding 4,000 pounds but not more than 5,000 pounds factory weight 75.00 6. For each trailer or semi-trailer exceeding 5,000 pounds but not exceeding 6,000 pounds factory weight 100.00

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7. For each trailer or semi-trailer exceeding 6,000 pounds but not exceeding 7,000 pounds factory weight 125.00 8. For each trailer or semi-trailer exceeding 7,000 pounds but not exceeding 8,000 pounds factory weight 150.00 9. For each trailer or semi-trailer exceeding 8,000 pounds but not exceeding 9,000 pounds factory weight 180.00 10. For each trailer or semi-trailer exceeding 9,000 pounds but not exceeding 10,000 pounds factory weight 250.00 11. For each trailer or semi-trailer exceeding 10,000 pounds factory weight 1,500.00 Provided that all motor drawn hearses or ambulances shall not be included in any of the above schedules but shall pay annually the sum of $25.00 for each of such hearses or ambulances. Hearses or ambulances. 12. Providing that nothing in this Act shall be construed to allow what is known as four-wheel trailers to operate on highways of this State after September 30, 1937, unless air brakes or hydraulic brakes are provided. Trailers. Section 4. Be it further enacted by the authority aforesaid, That the maintenance tax herein provided for shall become due and payable April 1, 1937, for the year 1937, Provided, however, that no person, firm, corporation or association subject to the payment of this tax shall be required to pay more than three-fourths (3/4) of the amounts herein provided for the year 1937. 1937 prorated. Section 5. Be it further enacted by the authority aforesaid, That the owners of motor-buses, trucks and/or trailers, shall, on or before the first day of May of the year 1937, and before they shall operate such motor-buses, trucks

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and/or trailers, register such vehicle or vehicles in the office of the Director of the Motor Vehicle Division of the State Revenue Commission and obtain a maintenance tag to operate the same for the year 1937. That the application for registration of such vehicle shall be made to the Director of the Motor Vehicle Division of the State Revenue Commission upon blanks prepared by him the same as now required for the registry of motor vehicles where application is made for license or identification tags; Provided, however, that it shall not be necessary after the year 1937 for any person, firm, corporation, or association subject to the tax herein provided to have to register said vehicle except as is now provided for application and registration for the purpose of obtaining a license or identification tag. Registry and tag. Proviso. Provided, however, that owners upon registration of said vehicles shall make oath before some officer authorized to administer oaths in this State, setting forth the correct factory weight or rating of said vehicle. Section 6. Be it further enacted by the authority aforesaid, That any person, firm, corporation or association registering any of the said above-named vehicles between the dates of August 1 and December 31 of any year, shall not be required to pay more than one-half of the annual tax herein provided for. Rate for part of year. Section 7. Be it further enacted by the authority aforesaid, That any person, firm, corporation, or association failing to pay the tax herein provided within thirty (30) days after same is due and payable, shall pay a penalty of twenty per cent. (20%) for said failure to register said vehicle as is required. Penalty. Section 8. Be it further enacted by the authority aforesaid, That beginning January 1, 1938, all persons, firms, corporations or associations subject to the tax herein provided for shall apply for and obtain a maintenance tag on or before the first day of February in each year thereafter

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and the payment of said maintenance tax shall be required of those subject to the tax at the time that said vehicle is registered with the Director of the Motor Vehicle Division of the State Revenue Commission for payment of license tag fee, and it shall be the duty of said Director to first collect the maintenance tax before issuing a license tag on the application made for registration for a license tag; and it shall be unlawful for said Director to issue a license tag to any person, corporation, firm or association until the maintenance tax herein provided for shall have been paid in full. Time for registration and payment. Section 9. Be it further enacted by the authority aforesaid, That upon application and registration for license tag for operation of any of the vehicles herein named, payment of the maintenance tax shall be then and there made, and the Director of the Motor Vehicle Division of the State Revenue Commission shall issue a maintenance tag to person or persons paying said tax which maintenance tag shall have inscribed thereon the words, Maintenance Tag, and the year for which said tax is paid. Said maintenance tag shall be oval or oblong in shape and not more than three (3[Prime]) inches in diameter, and shall follow the same color scheme of the license tags for the year in which it is sold. Tags. Section 10. Be it further enacted by the authority aforesaid, That all persons, firms, corporations or associations, whether resident or nonresident of this State making or causing to be made by or through any of their agents, servants or employees more than two (2) trips per month into this State with any of the vehicles herein named shall be liable to and shall pay the tax herein provided for except that any of the named vehicles named herein shall be allowed a maximum of ten (10) trips per month into this State for the purpose of hauling seasonable agricultural products grown in this State without payment of the tax herein provided for. Persons liable to tax.

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Be it further enacted, That any person, firm, corporation or association found to be operating any vehicle herein named upon the highways of this State contrary to the provisions of this section shall, in addition to any and all other penalties that may be now or hereafter imposed, be required to pay immediately the tax herein provided for such vehicle. Payment. Section 11. Be it further enacted by the authority aforesaid, That any and all moneys derived from the sale of maintenance tags shall be and the same are hereby allocated to the United States Rural Post Roads Division of the State Highway Department of Georgia, to be expended through the Director thereof, and the said moneys shall be pro rated among the several counties of this State according to the number of miles of Rural Post Roads in said counties. Rural post roads. Section 11-A. Be it further enacted, That Chapter 92-29, including sections 92-2901 through 92-2926, Motor Carriers for Hire, of the Georgia Code of 1933, pertaining to an annual or a mileage tax to be paid by motor carriers for hire, be and is hereby repealed. Repeal of 92-2901, et seq. Section 12. Be it further enacted by the authority aforesaid, That should any of the provisions of this Act be held illegal or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Constitutionality. Section 13. Be it further enacted by the authority aforesaid, That all persons, firms, corporations or associations violating the terms of this Act shall be guilty of a misdemeanor and shall be punished as such. Violation a misdemeanor. Section 14. Be it further enacted by the authority aforesaid, That this Act shall not take effect until April 1, 1937. Effective date.

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Section 15. Be it further enacted, That the State agency having the duty to collect the taxes herein provided for is authorized and empowered to furnish to its employees collecting or enforcing said taxes such weighing devices as necessary to enforce this Act, and all persons employed to enforce this Act are hereby authorized to stop and/or weigh any truck and/or trailer and/or bus, using any public road of this State. Weighing of vehicles. Section 16. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. MOTOR-FUEL TAX LAW. No. 191. An Act to amend Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part 2 (Specific and Occupation Taxes), Chapter 92-14 (Motor Fuels) of the Code of Georgia of 1933, by striking all of said Chapter 92-14 (Motor Fuels) and enacting in lieu thereof a new Chapter 92-14 to be known as the Motor-Fuel Tax Law; to amend Division 4 (Crimes) of said Title, Chapter 92-99 (In General), by striking all of Section 92-9905 (Failure of Motor Fuel Distributor to Register) and enacting in lieu thereof a new section to be numbered 92-9905 (Failure of Motor-Fuel Distributor to Register, File Statement, etc.); by striking all of Section 92-9906 (Motor Fuel Distributor, Violation of Law Relating to), and enacting in lieu thereof a new section to be numbered 92-9906 (Motor-Fuel Distributors, Violation of Other Provisions of Motor-Fuel Tax Law); to provide more stringent laws and regulations for the collection of motor fuel and/or kerosene

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tax, to provide punishment for the violation of the laws pertaining thereto, and for other purposes. MOTOR-FUEL TAX LAW. Section Contents Page Section 1. 92-1401 Short title 2 92-1402 Definitions 3 92-1403 Levy of tax and exemptions 6 92-1404 Disposition of funds collected 7 92-1405 Application for license 9 92-1406 Bond required of licensed distributors 10 92-1407 Tax reports 12 92-1408 Power to cancel licenses 15 92-1409 Assessment of gallonage 16 92-1410 Reports from persons not distributors 16 92-1411 Reports from carriers 17 92-1412 Transportation on public highways 18 92-1413 Retention of records 19 92-1414 Inspection of records 20 92-1415 Tax lien on property 20 92-1416 Discontinuance or transfer of business 21 92-1417 When tax payment is in default 22 92-1418 Refund of taxes erroneously or illegally collected 22 92-1419 Public inspection of records 23 92-1420 Exchange of information among States 23 92-1421 Rules and regulations 23 Section 2. 92-9905 Penalty for failure to register, make reports, etc. 23 92-9906 Penalty for other violations 25

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Section 3. Constitutionality 25 Section 4. Effective date 25 Section 5. Repealing clause 26 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 Title 92 (Public Revenue), Division 1 (Source of Revenue), Part 2 (Specific and Occupation Taxes), Chapter 92-14 (Motor Fuels) of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said Chapter 92-14 (Motor Fuels) and inserting in lieu thereof a new Chapter 92-14 to be known as the Motor-Fuel Tax Law, and to read as follows: 92-1401 Short Title. This Act, and any amendments thereof and supplements thereto, shall be known and may be cited as the Motor-Fuel Tax Law, and as so constituted is hereinafter referred to as this Act. Title. Whenever in this Act reference is made to a section of this Act, such reference shall extend to and include any amendment of or supplement to the section so referred to or any section hereafter enacted in lieu thereof; and, unless otherwise provided, whenever a reference to this Act or to any section thereof is made in any amendment or supplement to this Act or to any section thereof hereafter enacted, such reference shall be deemed to refer to this Act or such section as the same shall then stand or as hereafter amended. Be it further enacted by the authority aforesaid, That 92-1402 Definitions. The following words, terms and phrases as used in this Act are, for the purpose thereof, hereby defined as follows: (A) Motor Vehicles shall mean and include all vehicles, engines, machines or mechanical contrivances which are propelled by internal combustion engines or motors. Definitions.

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(B) Motor Fuel shall mean and include all products commonly or commercially known or sold as gasoline, benzol, benzine, or naphtha, regardless of their classification or uses, and any other liquid of a kind prepared, advertised, offered for sale or sold for use as, or used as, a fuel for internal combustion engines; except that it does not include kerosene, or any other petroleum products with a flash of more than one hundred degrees (100) Fahrenheit and/or with an initial boiling point of two hundred degrees (200) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the public highways; that nothing in this Act shall exclude the tax on kerosene of one cent per gallon placed on same by Section B of Subsection 92-1403 of Section 1 of said bill. (C) Kerosene shall mean and include the ordinary household petroleum oil sold for use with wick (or other type) of burners for illuminating, heating and cooking purposes. (D) Transport Tank Truck shall mean and include the large tank trucks used only for transportation of motor fuels and/or kerosene from refineries, marine terminals, pipe line terminals, or pipe line tank farms, to bulk plants. (E) Tank Truck, or Tank Wagon, shall mean and include the tank trucks (or tank wagons) ordinarily used for making deliveries of motor fuels and/or kerosene from bulk plants to retail dealers or other retail outlets. (F) Boat shall mean and include any boat, ship, barge, vessel, or other water-craft used for the transportation or delivery of petroleum products or other merchandise. (G) Public Highways shall mean and include every way or place of whatever nature, generally open to the use

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of the public, as a matter of right, for the purposes of vehicular travel, and notwithstanding that the same may be temporarily closed for the purpose of construction, reconstruction, maintenance or repair. (H) Person shall mean and include natural persons, and partnerships, firms, associations, and corporations, and the use of the singular number shall include the plural number. (I) Sale shall mean and include any exchange, gift, or other disposition, and purchase shall include any acquisition of ownership. (J) Distributor shall mean and include any person (including the State of Georgia and any political subdivision thereof, but not including the United States of America or any of its agencies except to the extent now or hereafter permitted by the Constitution or laws thereof): (1) making the first sale in the State of Georgia of any motor fuel and/or kerosene, imported into said State from any other State, Territory or foreign country, after the same shall have been received within said State (within the meaning of this Act), or (2) consuming or using in the State of Georgia any motor fuel and/or kerosene so imported, who shall have purchased the same before it shall have been received by any other person in the State of Georgia (within the meaning of this Act), or (3) producing, refining, preparing, distilling, manufacturing, blending or compounding motor fuel and/or kerosene in the State of Georgia. (K) Duly Licensed Distributor shall mean and include any distributor holding an unrevoked license issued by the Comptroller-General of the State of Georgia.

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(L) Jobber shall mean and include any person who buys motor fuel and/or kerosene from a duly licensed distributor, tax paid for resale and/or redistribution at wholesale. (M) Dealer shall mean and include any person (except distributors and jobbers as hereinbefore defined) now or hereafter engaged in the business of selling motor fuel and/or kerosene in the State of Georgia. (N) Received (1) Motor fuel and/or kerosene produced, refined, prepared, distilled, manufactured, blended or compounded at any refinery or other place in the State of Georgia by any person, shall be deemed to be received by such person thereat when the same shall have been (a) loaded at such refinery or other place into tank cars, transport tank trucks, ships or barges, or (b) placed in any tank at such refinery (or other place), (b-1) from which any withdrawals are made direct into tank trucks, tank wagons or other types of transportation equipment, containers, or facilities (other than tank cars, transport tank trucks, ships or barges), or (b-2) from which any sales or deliveries not involving transportation are made directly, but not before. (2) Motor fuel and/or kerosene: (a) imported into the State of Georgia from any other State, Territory or foreign country by vessel, and delivered in such vessel to any person, at a marine terminal in the State of Georgia for storage, or (b) so imported by pipe line and delivered to any person by such pipe line or a connecting pipe line at a pipe line terminal or pipe line tank farm in the State of Georgia,

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for storage shall be deemed to have been received by such person thereat when the same shall have been (c) loaded into tank cars, transport tank trucks, ships or barges at such marine or pipe line terminal or tank farm for any purpose other than transfer to another marine or pipe line terminal or tank farm operated by the same person, or (d) placed in any tank thereat (d-1) from which any withdrawals are made direct into tank trucks, tank wagons or other types of transportation equipment, containers or facilities (other than tank cars, transport tank trucks, ships or barges) or (d-2) from which any sales or deliveries not involving transportation are made directly but not before. (3) Motor fuel and/or kerosene transferred by pipe line, tank car, transport tank truck, ship or barge from one marine or pipe line terminal or tank farm to another marine or pipe line terminal or tank farm operated by the same person, shall be deemed to have been received by such person at the marine or pipe line terminal or tank farm to which transferred when the same shall have been (a) loaded into tank cars, transport tank trucks, ships or barges at such marine or pipe line terminal or tank farm, or (b) placed in any tank thereat (b-1) from which any withdrawals are made direct into tank trucks, tank wagons or other types of transportation equipment, containers or facilities (other than tank cars, transport tank trucks, ships or barges) or (b-2) from which any sales or deliveries not involving transportation are made directly, but not before.

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(4) Motor fuel and/or kerosene purchased in a tank car, or transport tank truck, which shall be unloaded in the State of Georgia, shall be deemed to be received, at the time when and the place where such tank car, or transport tank truck, is unloaded, by the person who shall at such time be the owner thereof, but not before. (5) Motor fuel and/or kerosene imported by any person into the State of Georgia from any other State, Territory or foreign country (other than by vessel for storage at marine terminals as hereinbefore set forth, or by pipe line for storage at pipe line terminals or pipe line tank farms as hereinbefore set forth, or by tank car, or by transport tank trucks), shall be deemed to be received, (a) in the case of motor fuel and/or kerosene imported from another State or Territory of the United States, at the time when and the place where the interstate transportation of such motor fuel shall have been completed within the State, and (b) in the case of motor fuel and/or kerosene imported from a foreign country at the time when and the place where the same shall be withdrawn from the original container in which the same was imported, by the person who at such time shall be the owner thereof, but not before. (c) Except as hereinbefore set forth, the word received shall be given its usual and customary meaning. Be it further enacted by the authority aforesaid, That 92-1403 Levy of Tax and Exemptions. An excise tax is hereby imposed on all distributors of motor fuel and/or kerosene: Excise tax levy imposed. (A) upon the sale or use of motor fuel by them within this State, at the rate of six ($0.06) cents per gallon,

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(B) upon the sale or use of kerosene by them within this State, at the rate of one ($0.01) cent per gallon, to be computed in the manner hereinafter in this Act set forth. (C) Any person who shall receive motor fuel and/or kerosene, in such form and under such circumstances as shall preclude the collection of the tax provided for in this Act from the distributor, and shall thereafter sell, use or consume, or dispose of in any manner and/or under such circumstances as shall render such disposition subject to said taxes, shall be considered as a distributor for purposes of taxation, and shall make the same reports, pay the same taxes, and be subject to all other provisions of this Act relating to distributors of such fuels. This provision shall include the receipt of motor fuel and/or kerosene previously exported in any quantity by any means whatsoever from this State and subsequently brought back into Georgia for sale, use or consumption. (D) Provided, however, that no tax is hereby imposed upon or with respect to the following transactions: No tax imposed. (1) The sale of motor fuel and/or kerosene by a duly licensed distributor in tank car, transport tank truck, or cargo lots to another duly licensed distributor for delivery by tank car, transport tank truck, or by ship or barge. (2) The sale of motor fuel and/or kerosene for export from the State of Georgia to any other State or Territory or to any foreign country, provided: (a) that in the event the distributor is not the exporter of the same, a certificate that all of such motor fuel and/or kerosene will in fact be so exported, prior to use and prior to any resale except for export, is furnished by the purchaser to the distributor at the time of such sale, and provided further (b) that satisfactory proof of actual exportation of all such motor fuel and/or kerosene is furnished by the purchaser

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chaser and/or exporter at the time and in the manner prescribed by the Comptroller-General. (3) The sale of motor fuel and/or kerosene to the United States of America or any of its instrumentalities, or the receipt, use, disposition or consumption, or sale for use, disposition or consumption, of motor fuel and/or kerosene in or in connection with the United States military air service. (E) Provided further, that the six ($0.06) cents per gallon tax on the sale or use of motor fuel shall not be imposed upon the sale of kerosene or any other petroleum products with a flash of more than one hundred degrees (100) and/or with an initial boiling point of two hundred degrees (200) Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the public highways. (F) Provided further, that the taxes imposed in this section shall be collected by and paid to the State of Georgia but once in respect of any sale, use or consumption of motor fuel and/or kerosene. Collection. (G) And provided further, that no county, municipal or other political subdivision shall levy any fee, license, privilege, or excise tax or taxes measured or computed in gallons upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel and/or kerosene or other like products of petroleum; provided, however, that nothing herein shall prevent the levying by municipalities of reasonable flat license fees or taxes upon the business of selling motor fuel and/or kerosene or other like products of petroleum at wholesale or retail. Municipal license. (H) No tax shall be imposed under this Act upon benzol or the importer thereof into the State, where benzol is

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imported into the State by any dry cleaner or manufacturer, and is intended for use and actually is used by the importer in dry cleaning or in the manufacture of any useful commercial commodity (other than a fuel for the propulsion of internal combustion motors or engines), where such importer shall comply with the following terms and regulations, to-wit: Benzol. (1) The exemption of such benzol from taxation shall not apply to any shipment of a quantity less than fifty (50) gallons. How exempted. (2) Any person, firm, or corporation, before importing into the State benzol to be used for either of the purposes stated, shall file with the Comptroller-General an application under oath, as hereinafter set out, stating the quantity intended to be imported during a given period, the place in the State where such benzol will be delivered, the use for which it is intended, the approximate time or approximate intervals at which the importer expects or desires the benzol to be delivered, by what carrier the importer expects or desires the benzol to be delivered, and any other information the Comptroller-General reasonably may require. Before acting upon such application, the Comptroller-General shall require the applicant to execute and deliver a bond, with a bonding company qualified to do business in Georgia as surety, payable to the Comptroller-General and his successors in office, in an amount that will protect the State for double the tax imposed by this Act upon benzol not exempt hereunder, on the maximum quantity of benzol which the Comptroller-General may decide the applicant probably will import during any six-month period, and conditioned that the applicant himself will use such benzol for one of the exempt purposes hereinabove stated. Upon receipt of such application and bond, the Comptroller-General shall issue the applicant a permit, in such form as the Comptroller-General may decide, to import the quantity of benzol stated in the application at the approximate time or approximate

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intervals therein stated, without requiring payment of the tax herein prescribed. (3) Within twenty-four business hours after receipt of any shipment of benzol under any tax-free permit issued by the Comptroller-General in accordance with the terms of the preceding paragraph, the importer thereof shall file a report with the Comptroller-General showing the following facts: (a) the date of the arrival of such shipment; (b) the carrier making delivery of such shipment to the importer; (c) the seller of such benzol; (d) the use for which such benzol is intended; (e) the place where such benzol was delivered and is stored; (f) and any other information which the Comptroller-General reasonably may require, including the invoice or invoices or copies thereof rendered by the seller to the importer, and the bill of lading or copy thereof covering such shipment, issued by the initial carrier handling such shipment. (4) The statement described in paragraph (3) immediately preceding, and its various sub-paragraphs, shall be under oath, and shall contain the obligation of the importer to use such benzol for the purpose intended only, and the importer's agreement that if such benzol or any part thereof should be used by the importer for any other purpose, or should be sold by the importer, promptly to report such facts to the Comptroller-General, and to pay a tax of six cents per gallon on any such benzol used for any purpose other than that intended, and on all such benzol sold by the importer. The report to be made by the importer to the Comptroller-General shall be made by the importer himself

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if he be an individual, or if the importer be a firm, then by a member thereof, or if the importer be a corporation, then by one of its two highest officers or agents resident within the State of Georgia. (5) Within thirty days after the consumption of any shipment of benzol for which a tax-free permit shall have been issued by the Comptroller-General as set out in this division (H) of this Section, the importer shall file an additional affidavit with the Comptroller-General, made by a person authorized to make the affidavit required under the next preceding paragraph (4) of this division (H), to the effect that all of the benzol admitted tax free into the State has been used or consumed by the importer for the intended use as shown by the tax-free permit, that none of such benzol has been sold or given away by the importer, that none of such benzol has been used by the importer or any other person, firm, or corporation, to blend with gasoline or other liquids to make a fuel oil suitable for use as a fuel for the propulsion of internal combustion motors or engines. (6) In addition to all other penalties provided by this Act for violation of its terms and provisions, any person, firm, or corporation that may import benzol into the State under a permit granted by the Comptroller-General in accordance with and pursuant to the provisions of this division (H) of this Section, who violates any of the terms and provisions under which benzol is permitted to be brought into the State without payment of the tax of six cents per gallon, shall be liable for a tax of twelve cents per gallon upon the entire shipment of the benzol involved, and the Comptroller-General or his successors shall have the right to enforce the payment of said twelve cents per gallon as a tax on the entire shipment of such benzol under the bond filed by the importer in order to obtain such permit.

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Be it further enacted by the authority aforesaid, That 92-1404 Disposition of Funds Collected. (A) The proceeds of the six ($0.06) cents per gallon tax on motor fuel shall be paid to the State Treasurer and by him distributed as follows: Proceeds of taxes allocated. An amount equal to (1) four ($0.04) cents per gallon shall be set aside to the State Highway Fund, for use in construction on the State Highway System of Roads, or State Aid System of Roads; and (2) one ($0.01) cent per gallon shall be set aside to be distributed to the several counties of the State to be used exclusively for the construction and maintenance of public roads; and (3) one ($0.01) cent per gallon shall be set aside to the public schools of this State for an equalization fund. (B) The proceeds of the one ($0.01) cent per gallon tax on kerosene shall be paid to the State Treasurer and by him set aside to the public schools of this State for an equalization fund. (C) Provided, however, that should that portion of said tax allocated or set apart to the counties of this State not be available for any reason for such allocation to the said counties, such portion of said tax is hereby allocated and set apart to the State Highway Fund to be expended on the State Highway System by the State Highway Board in addition to the said four ($0.04) cents tax already allocated to said State Highway System. (D) Provided, further, that one-half of one per cent. of such moneys shall first be placed to the credit of a fund to be designated as the Motol Fuel and Kerosene Tax Collection Fund, and all other amounts so collected shall be apportioned as provided in this section.

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(E) Said Comptroller-General shall appoint such auditors and/or employees not to exceed fifteen in number and incur such expenses as may be necessary to ascertain, compute and collect such taxes and for the enforcement of this Act; the Comptroller-General shall make requisition on the Governor, accompanied by detailed statement covering salaries and expenses for each month, and the Governor, upon approval of such requisition, shall issue his warrant for the amount so approved; the same shall be paid out of said Motor Fuel and Kerosene Tax Collection Fund hereby created, and said fund, or so much thereof as may be necessary, is hereby appropriated for the payment of such expense. Auditors, etc., for collecting. (F) Distribution of money to counties. The portion of the fund required by this section to be distributed to the several counties, which is to be used exclusively for the construction and maintenance of the public roads, shall be distributed by the State Treasurer before the fifteenth (15th) day of January, April, July and October each year, the amount distributable on account of the collection of the preceding three months being paid pro rata to each county treasurer, or other county official or officials authorized to receive county funds in counties not having a county treasurer, on the basis of the ratio of the State-aid system road mileage in said county to the mileage of the entire system, to be expended upon public roads and bridges. Money to counties. (G) Disbursement of State-Aid Road Fund. The disbursement of the State-Aid Road Fund shall be made monthly at the end of each calendar month upon warrants drawn by the Governor upon itemized statements showing all expenses of any kind whatsoever. State-Aid road fund. Be it further enacted by the authority aforesaid, That 92-1405. Application for License: Contents: Licensing of Distributors. Licenses.

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(A) It shall be unlawful for any distributor to receive, use, sell or distribute any motor fuel and/or kerosene or to engage in business within this State unless such distributor is the holder of an uncanceled license issued by the Comptroller-General to engage in such business. To procure such license every distributor shall file with the Comptroller-General an application upon oath and in such form as the Comptroller-General may prescribe, setting forth: (1) the name under which the distributor will transact business within the State of Georgia; (2) the location, with street number address, of its principal office or place of business within the State; (3) also (a) the name and complete residence address of the owner, or (b) the names and addresses of the partners, if such distributor is a partnership, or (c) the names and addresses of the principal officers, if such distributor is a corporation or association. (B) Concurrently with the filing of an application for a license, every distributor shall file with the Comptroller-General a bond of the character stipulated and in the amount provided for in Section 92-1406 of this Act. No license shall be issued upon any application unless accompanied by such a bond, nor, if the applicant is a foreign corporation, unless it is at such time properly qualifying under the laws of the State of Georgia to do business therein. (C) In the event that: (1) any application for a license to transact business as a distributor in the State of Georgia shall be filed by any person whose license shall at any time theretofore have

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been canceled for cause by the Comptroller-General, or in case (2) the Comptroller-General shall be of the opinion that such application is not filed in good faith, or that (3) such application is filed by some person as a subterfuge for the real person in interest whose license or registration shall theretofore have been canceled for cause by the Comptroller-General, then, and in any of said events, the Comptroller-General (after a hearing of which the applicant shall have been given five (5) days' notice in writing and in which said applicant shall have the right to appear in person or by counsel and present testimony), shall have and is hereby given the right and authority to refuse to issue to such person a license certificate to transact business as a distributor in the State of Georgia. Refusal of license. (D) Upon the filing of the application for a license, a filing fee of five ($5.00) dollars shall be paid to the Comptroller-General. Fee. (E) The application in proper form having been accepted for filing, and the filing fee paid, the bond having been accepted and approved, and the other conditions and requirements of this section having been complied with, the Comptroller-General shall issue to such distributor, a license certificate to transact business as a distributor in the State of Georgia. Such license shall remain in full force and effect until canceled as provided in this Act. Certificate. (F) The license certificate so issued by the Comptroller-General shall not be assignable, and shall be valid only for the distributor in whose name issued, and shall be displayed conspicuously in the principal place of business of said distributor in the State of Georgia. (G) The Comptroller-General shall keep and file all applications and bonds with an alphabetical index thereof, together with a record of all licensed distributors. File of applications and bonds.

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(H) Licensing of Persons, Other Than Distributors. Persons, other than distributors, purchasing or otherwise acquiring motor fuel and/or kerosene in tank car, transport tank truck, or cargo lots for sale, distribution or use within the State of Georgia, may also be licensed as set forth in this section upon compliance with the provisions of said section, and thereupon shall be deemed to be the distributor for all purposes of this Act with respect to any such motor fuel and/or kerosene received while such license remains unrevoked. Other licenses. Be it further enacted by the authority aforesaid, That 92-1406 Bond Required of Licensed Distributor. (A) Every distributor shall file with the Comptroller-General a surety bond Bonds. (1) in the approximate sum of two times the average monthly motor fuel and/or kerosene tax due by such distributor during the next preceding twelve calendar months, provided, that in no case shall the bond be less than one thousand ($1,000) dollars nor more than twenty-five thousand ($25,000) dollars, in the discretion of the Comptroller-General, (2) with a surety company approved by the Comptroller-General as surety thereon, and (3) upon which such distributor shall be the principal obligor and the State of Georgia shall be the obligee, (4) conditioned upon the prompt filing of true reports and the payment by such distributor to the Comptroller-General of the State of Georgia of any and all motor fuel and/or kerosene excise taxes which are now or which hereafter may be levied or imposed by the State of Georgia, together with any and all penalties and/or interest thereon, and generally upon faithful compliance with the provisions of this Act.

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(B) In the event that liability upon the bond thus filed by the distributor with the Comptroller-General shall be discharged or reduced, whether by judgment rendered, payment made or otherwise, or if in the opinion of the Comptroller-General any surety on the bond theretofore given shall have become unsatisfactory or unacceptable, then the Comptroller-General may require the distributor to file a new bond with a satisfactory surety in the same form and amount, failing which the Comptroller-General shall forthwith cancel the license certificate of said distributor. If such new bond shall be furnished by said distributor as above provided, the Comptroller-General shall cancel and surrender the bond of said distributor for which such new bond shall be substituted. New bond. (C) In the event that upon hearing, of which the distributor shall be given five (5) days notice in writing, the Comptroller-General shall decide that the amount of the existing bond is insufficient to insure payment to the State of Georgia of the amount of the tax and any penalties and interest for which said distributor is or may at any time become liable, then the distributor shall forthwith, upon the written demand of the Comptroller-General, file an additional bond in the same manner and form with a surety company thereon approved by the Comptroller-General in any amount determined by the Comptroller-General to be necessary to secure at all times the payment by such distributor to the State of Georgia of all taxes, penalties, and interest due under the provisions of this Act, provided, however, the total amount of bond required of any one distributor shall not exceed the maximum sum of twenty-five thousand ($25,000) dollars, failing which, the Comptroller-General shall forthwith cancel the license certificate of said distributor. Bond additional. (D) Any surety on any bond furnished by any distributor as above provided shall be released and discharged from any and all liability to the State of Georgia accruing on

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such bond after the expiration of sixty (60) days from the date upon which such surety shall have lodged with the Comptroller-General written request to be released and discharged. Provided, however, that such request shall not operate to relieve, release or discharge such surety from any liability already accured, or which shall accrue, before the expiration of said sixty-day period. The Comptroller-General shall, promptly on receipt of notice of such request, notify the distributor who furnished such bond, and unless such distributor shall, on or before the expiration of such sixty (60) day period, file with the Comptroller-General a new bond with a surety company satisfactory to the Comptroller-General in the amount and form hereinbefore in this section provided, the Comptroller-General shall forthwith cancel the license of said distributor. If such new bond shall be furnished by said distributor as above provided, the Comptroller-General shall hold the bond for which substitution has been made for a period of two years, only as against liabilities which may have accrued prior to the time of the substitution of such new bond, but such surrender in no event shall cancel any liability under said bond though surrendered. Release of surety. (E) In lieu of furnishing a bond or bonds executed by a surety company as surety, as hereinbefore in this section provided, any distributor may furnish his bond or bonds not so executed provided he shall concurrently therewith deposit and pledge with the Comptroller-General direct obligations of the United States and/or obligations of any agency of the United States fully guaranteed by it and/or bonds of the State of Georgia of equal full amount to the amount of the bond or bonds required by this section as collateral security for the payment of such bond or bonds. Pledge in lieu of bond. Be it further enacted by the authority aforesaid, That 92-1407 Tax Report: Computation and Payment of Tax. (A) For the purpose of determining the amount of the tax herein imposed, each distributor shall, not later than

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the twentieth (20th) day of each calendar month, file with the Comptroller-General, on forms prescribed by said Comptroller-General, monthly reports sworn to by the distributor which shall include the following: Tax computation. (1) An itemized statement of the number of gallons of all motor fuel and/or kerosene received during the next preceding calendar month by such distributor, which has been Itemized reports and statements. (a) produced, (b) refined, (c) prepared, (d) distilled, (e) manufactured, or (f) compounded by such distributor in the State of Georgia. (2) An itemized statement of the number of gallons of all motor fuel and/or kerosene received by such distributor in the State of Georgia, from any source whatsoever, during the next preceding calendar month as shown by the shipper's invoices thereof (other than motor fuel and/or kerosene falling within the provisions of (1) above), together with a statement showing: (a) the date of receipt of each shipment of such motor fuel and/or kerosene; (b) the name of the person from whom purchased and/or received; (c) the point of origin and the point of destination of each shipment; (d) the quantity of each of said purchases or shipments; (e) the name of the carrier;

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(f) the initials and number of each tank car, and the number of gallons contained therein, if shipped by rail, and (g) the license number of each transport tank truck, or other truck, and the number of gallons contained therein if transported by motor truck, and (h) the name and owner of the boat, ship, barge, or vessel, and the number of gallons contained therein, if shipped by water, and (i) the manner, if delivered by other means, in which such delivery is made. (3) An itemized statement of the number of gallons, if any, of motor fuel and/or kerosene which such distributor has during the preceding calendar month: (a) exported or sold for exportation from the State of Georgia to any other State or to any foreign country. (b) sold to the United States Government or any of its instrumentalities. (c) sold for delivery in tank car, transport tank truck, or cargo lots to other duly licensed distributors. Such statement shall give a record of all tank car, transport tank truck, or cargo sales of motor fuel, giving the date of shipment, and (d) the name of the carrier, and (e) the initials and number of each tank car, and the number of gallons contained therein, if shipped by rail, and (f) the license number of each transport tank truck, or other truck, and the number of gallons contained therein if transported by motor truck, and (g) the name and owner of the boat, ship, barge, or vessel, and the number of gallons contained therein, if shipped by water, and

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(h) the manner if delivered by other means, in which such delivery is made; and shall set forth (i) the name of the person to whom sold, point of shipment and point of delivery, and (j) such other information incidental to the enforcing of the Motor-Fuel Tax Law of the State of Georgia as the Comptroller-General may require. (B) In addition to the data required hereinabove, the report shall include the following information with reference to motor fuel and/or kerosene sold or used by the distributor during the next preceding calendar month: (1) Gallons on hand at beginning of month, (2) Gallons received during month, (a) from points outside of the State of Georgia (b) from points within the State of Georgia (3) Gallons purchased tax paid (give explanation), (4) Other receipts (give explanation), (5) Total to be accounted for, (6) Sales and transfers to other States, (a) South Carolina (b) North Carolina (c) Florida (d) Alabama (e) Tennessee (f) other (7) Sales to the United States Government or any of its instrumentalities,

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(8) Sales of tax paid purchases (give explanation), (9) Sales to other duly licensed distributors, less tax, (10) Other credits (give explanation), (11) Total credits, (12) Gallons on hand at end of month, (13) Gallons on which tax is due, (14) Total accounted for. (15) This report shall also include full explanation with itemized statement of any items shown as (3) gallons purchased tax paid, (4) other receipts, (8) sales of tax paid purchases, and (10) other credits. (16) This report shall also show the total number of gallons of motor fuel and/or kerosene sold or used in each county, the number of gallons sold or used tax exempt in each county, and the number of gallons sold or used in each county on which the tax is due; the total number of gallons sold or used in all counties for which the tax is due shall agree with the total (13) gallons on which the tax is due. (C) At the time of rendering such report, the distributor shall pay to the Comptroller-General the tax or taxes imposed by this Act on all motor fuel and/or kerosene sold or used in this State during the next preceding calendar month less an allowance of one (1%) per cent. to cover losses and expenses incurred in collecting the tax for the State; provided this allowance shall not be deductible unless payment of tax is made on or before the twentieth (20th) day of the month as herein required. (D) When any distributor shall fail to file its monthly report with the Comptroller-General on or before the time fixed in this Act for the filing thereof, or when such distributor shall fail to pay to the Comptroller-General the amount of excise taxes due to the State of Georgia when

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the same shall be payable, a penalty of twenty (20%) per cent shall immediately accrue, and thereafter said tax and penalty shall bear interest at the rate of seven (7%) per cent per annum as provided by law. Be it further enacted by the authority aforesaid, That 94-1408 Power of Comptroller-General to Cancel Licenses: Surrender of Bond. (A) If a distributor shall at any time file a false monthly report of the date or information required by this Act, or shall fail, refuse or neglect to file the monthly report required by this Act, or to pay the full amount of the tax as required by this Act, the Comptroller-General may forthwith cancel the license of said distributor and notify such distributor in writing of such cancellation by registered mail to the last known address of such distributor appearing on the files of the Comptroller-General. Cancellation of license. (B) Upon receipt of a written request from any distributor licensed under this Act to cancel the license issued to such distributor, the Comptroller-General shall have the power to cancel such license effective sixty (60) days from the date of the receipt of such written request, but no such license shall be canceled upon the request of any distributor until and unless the distributor shall, prior to the date of such cancellation, have paid to the State of Georgia all excise taxes payable under the laws of the State of Georgia, together with any and all penalties, interest and fines accruing under any of the provisions of this Act, and until and unless the distributor shall have surrendered to the Comptroller-General the license certificate theretofore issued to such distributor. If, upon investigation, the Comptroller-General shall ascertain and find that any person to whom a license has been issued under this Act is no longer engaged in the receipt, use or sale of motor fuel and/or kerosene as a distributor, and has not been so engaged for a period of six months, the Comptroller-General shall have

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the power to cancel such license by giving such person 60 days' notice of such cancellation mailed to the last known address of such person, in which event the license certificate theretofore issued to such person shall be surrendered to the Comptroller-General. (C) In the event that the license of any distributor shall be canceled by the Comptroller-General as hereinbefore in this section provided, and in the further event that said distributor shall have paid to the State of Georgia all excise taxes due and payable by it under this Act, together with any and all penalties accruing under any of the provisions of this Act, then the Comptroller-General shall hold the bonds of said distributor for a period of two years as against any liabilities of said distributor, but in no event shall surrender of said bond release any liability thereunder. Bonds held. Be it further enacted by the authority aforesaid, That 92-1409 Comptroller-General May Estimate Amount of Motor Fuel and/or Kerosene Sold or Used. (A) Whenever any distributor shall neglect or refuse to make and file any report for any calendar month as required by this Act, or shall file an incorrect or fraudulent report, the Comptroller-General shall determine, after an investigation, the number of gallons of motor fuel and/or kerosene with respect to which the distributor has incurred liability under the motor fuel and/or kerosene tax laws of the State of Georgia, for any particular month or months, and fix the amount of taxes and penalties payable by the distributor under this Act accordingly. The Comptroller-General shall forthwith proceed to issue execution as provided by law. Execution on failure to report. (B) In any action or proceeding for the collection of the motor fuel and/or kerosene tax and/or any penalties or interest imposed in connection therewith, an assessment by the Comptroller-General of the amount of the tax due

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and/or interest or penalties due to the State shall constitute prima facie evidence of the claim of the State, and the burden of proof shall be upon the distributor to show that the assessment was incorrect and contrary to law. Be it further enacted by the authority aforesaid, That 92-1410 Report from Persons not Distributors: Contents. (A) Every person purchasing or otherwise acquiring motor fuel and/or kerosene in tank car, transport tank truck, or cargo lots and selling, using or otherwise disposing of the same for delivery in the State of Georgia, not required by the provisions of this Act to be licensed as a distributor of motor fuel and/or kerosene, shall file a statement setting forth Reports by non-distributors. (1) the name under which such person is transacting business within the State of Georgia, (2) the location, with street number address, of such person's principal office or place of business within the State, (3) also (a) name and complete residence address of the owner, or (b) the names and addresses of the partners, if such person is a partnership, or (c) the names and addresses of the principal officers if such person is a corporation or association, and (4) on or before the 20th day of each calendar month, such person shall, on forms prescribed by the Comptroller-General, report to the Comptroller-General all purchases and/or other acquisitions and sales and/or other disposition of motor fuel and/or kerosene during the next preceding calendar month, giving a record of each tank car, transport

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tank truck, or cargo lot delivered to a point within the State of Georgia. (B) Such report shall set forth from whom each tank car, transport tank truck, or cargo lot was purchased or otherwise acquired, point of shipment to whom sold or shipped, point of delivery, date of shipment, and (1) the name of the carrier, and (2) the initials and number of each tank car, and the number of gallons contained therein, if shipped by rail, and (3) the license number of each transport tank truck, or other truck, and the number of gallons contained therein, if transported by motor truck, and (4) the name and owner of the boat, ship, barge, or vessel, and the number of gallons contained therein, if shipped by water, and (5) the manner, if delivered by other means, in which such delivery is made, and (6) any additional information relative to such motor fuel and/or kerosene as the Comptroller-General may require. Be it further enacted by the authority aforesaid, That 92-1411 Reports from Carriers Transporting Motor Fuel. (A) Every railroad company, every street, suburban or interurban railroad company, every pipe line company, every water transportation company, and every common carrier transporting motor fuel and/or kerosene, either in interstate or in intrastate commerce, to points within the State of Georgia, and every person transporting motor fuel and/or kerosene, by whatever manner to a point in the State of Georgia from any point outside of said State, shall report under oath to the Comptroller-General on forms

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prescribed by said Comptroller-General, all deliveries of motor fuel and/or kerosene, so made to points within the State of Georgia. Carriers' reports. (B) Such reports (1) shall cover monthly periods, (2) shall be submitted within 20 days after the close of the month covered by the report, and (3) shall show (a) the name and address of the person to whom the deliveries of motor fuel and/or kerosene have actually and in fact been made, (b) the name and address of the originally named consignee, if motor fuel and/or kerosene has been delivered to any other than the originally named consignee, (c) the point of origin, the point of delivery, the date of delivery, and (d) the name of the carrier, and (e) the initials and number of each tank car, and the number of gallons contained therein, if shipped by rail, and (f) the license number of each transport tank truck, or other truck, and the number of gallons contained therein, if transported by motor truck, and (g) the name and owner of the boat, ship, barge, or vessel, and the number of gallons contained therein, if shipped by water, and (h) the manner, if delivered by other means, in which such delivery is made, and (i) such additional information relative to shipments of motor fuel and/or kerosene as the Comptroller-General may require.

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Be it further enacted by the authority aforesaid, That 92-1412 Transportation and Delivery of Motor Fuel and/or Kerosene on Public Highways. (A) The Comptroller-General shall assign a license number to each duly licensed distributor (or other person authorized to transport motor fuel and/or kerosene over the public highways of this State) and furnish a separate license card for each transport tank truck or other truck operated by such distributor or other person for transporting motor fuel and/or kerosene. The license card shall be displayed continuously and conspicuously on the truck to which it is assigned and shall set forth: License numbers. (1) the license number assigned to the distributor or other person, (2) the motor number of the truck authorized to be operated thereunder, and (3) such other information as the Comptroller-General may prescribe. (B) Every person hauling, transporting, or conveying motor fuel and/or kerosene over any of the public highways or navigable waters of this State must, during the entire time he is so engaged, have in his possession an invoice, or bill of sale, or other record evidence showing (1) the true name and address of the person from whom he has received the motor fuel and/or kerosene, and (2) the number of gallons so originally received by him from said person, and (3) the true name and address of every person to whom he has made deliveries of said motor fuel and/or kerosene, or any part thereof, and (4) the number of gallons so delivered to each of said persons.

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The person hauling, transporting, or conveying such motor fuel and/or kerosene, shall, at the request of any person authorized by law to inquire into or investigate said matters, produce and offer for inspection said invoice or bill of sale, or record evidence. If said person fails to produce the invoice or bill of sale, or record evidence, or if when produced, it fails to clearly disclose said information, the same shall be prima facie evidence of a violation of this section. Investigation. (C) No person shall haul, transport or convey motor fuel and/or kerosene over any of the public highways or navigable waters of the State except in vehicles or boats plainly and visibly marked on each side and on the rear thereof with the word Gasoline and/or Kerosene or other name of the motor fuel being transported, in letters at least four inches high and of corresponding appropriate with, together with the name and address of the owner of the vehicle or boat in which motor fuel and/or kerosene is contained. The provisions of this section shall not apply to vehicles or boats transporting motor fuel not in excess of 100 gallons contained in the fuel tank of such vehicle or boat, provided by manufacturer thereof for the carrying of motor fuel for propelling same, which motor fuel is to be used solely for motive power of such vehicle or boat, nor to vehicles or boats transporting motor fuel in quantities of not more than five (5) gallons for emergency purposes. Marks. (D) Deliveries between certain hours. No motor fuel and/or kerosene shall be unloaded from motor trucks, or other vehicles, or conveyed by any other manner into storage tanks, or other equipment located at any gasoline service station or any other place of business at which motor fuel and/or kerosene are offered for sale at retail to the public, between the hours of 9:00 P. M. and 5:00 A. M. of any day. Deliveries. (E) Delivery of motor fuel prohibited in certain cases. The delivery of motor fuel from a tank truck to the motor

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fuel tank of a motor vehicle in this State is prohibited except in cases of emergency. Be it further enacted by the authority aforesaid, That 92-1413 Retention of Records by Distributors and Dealers. (A) Each distributor shall maintain and keep, for a period of two (2) years, such record or records of motor fuel and/or kerosene received, used, sold and/or delivered within this State by such distributor, together with invoices, bills-of-lading, and other pertinent records and papers as may be required by the Comptroller-General for the reasonable administration of this Act. Records to be kept. (B) Every jobber, dealer, or other person receiving motor fuel and/or kerosene in this State (for sale, distribution, use or consumption, and not specifically covered in this Act) shall maintain and keep for a period of two (2) years a record of motor fuel and/or kerosene received, and the purchase price, together with delivery tickets, invoices, and bills-of-lading, and such other records as the Comptroller-General shall require. Be it further enacted by the authority aforesaid, That 92-1414 Inspection of Records. (A) The Comptroller-General of the State of Georgia, or any deputy, employee or agent authorized by him, is hereby given authority, Inspections. (1) to examine, during the usual business hours of the day, the records, books, papers, receipts, invoices, storage tanks, and any other equipment of any distributor, jobber, dealer, purchaser, common carrier, or other carrier, pertaining to motor fuel and/or kerosene received, sold, shipped, delivered, or used, as the case may be, to verify the truth and accuracy of any statement, report or return,

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or to ascertain whether or not the tax imposed by this Act has been paid, and further, (2) to examine the records, books, papers, receipts, invoices, storage tanks, and other equipment of any distributor to determine the financial responsibility of the distributor for the payment of the taxes imposed by this Act. 92-1415 Tax Lien on Property. (A) If any person liable for the tax imposed by the provisions of this Act neglects or refuses to pay the same, the amount of such tax (including any interest, penalty or addition to such tax, together with any cost that may accrue in addition thereto) shall be a lien in favor of the State upon all franchises, property and rights to property, whether real or personal, then belonging to or thereafter acquired by such person (whether such property is employed by such person in the prosecution of business or is in the hands of an assignee, trustee or receiver for the benefit of creditors) from the date said taxes are due and payable as provided in this Act. Such lien shall have priority over any lien or encumbrance whatsoever, except the lien of other State taxes having priority by law, and except that such lien shall not be valid as against any bona fide mortgagee. deeds to secure debt, pledgee, judgment creditor or purchaser whose rights shall have attached prior to the time when the Comptroller-General shall have filed notice of such lien in the office of the Clerk of the Superior Court of the county in which the principal place of business and the property of such person is located (for which filing no fee shall be required). Such lien shall continue until the amount of said tax, together with any penalties and interest subsequently accruing thereon, is paid. The Comptroller-General may issue a certificate of release of lien when the amount of such tax, together with any penalties and interest subsequently accruing thereon, has been satisfied by such person, and such person may record the same with the

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Clerk of the Superior Court of the county or counties in which the notice of lien was filed. No mortgagee, pledgee, judgment creditor, or purchaser shall be entitled to the priority provided for herein, unless he shall within 30 days after the date of his lien or claim record the same in the office of the Clerk of the Superior Court of the county of the residence of the taxpayer, and notify the Comptroller-General in writing of the nature and character of his claim. Tax liens. (B) Any sheriff, receiver, assignee, master or other officer, at the time of advertising for sale the property or franchise of any person who is a distributor, is directed to file with the Comptroller-General a statement containing the following information: (1) name or names of the plaintiff or party at whose instance or upon whose account the sale is made; (2) name of the person whose property or franchise is to be sold; (3) the time and place of sale; (4) the nature of the property and the location of the same. (C) It shall be the duty of the Comptroller-General, after receiving notice as aforesaid, to furnish to the sheriff, receiver, trustee, assignee, master or other officer, having charge of the sale, a certified copy or copies of all motor fuel and/or kerosene tax, penalties, and interest on file in the State of Georgia as liens against such person, and in the event there are no such liens, a certificate showing that fact, which certified copy or copies of certificate shall be publicly read by such officer at and immediately before the sale of the property or franchise of such person. Provided any such tax, penalty or liens shall have been duly recorded in the office of the Clerk of the Superior Court of the county in which any real estate so sold may lie as provided in Paragraph A of this section.

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(D) It shall be the duty of the Comptroller-General to furnish to any person applying therefor a certificate showing the amount of all liens for motor fuel and/or kerosene tax, penalties, and interest that may be of record in the files of the Comptroller-General against any person under the provisions of this Act. Be it further enacted by the authority aforesaid, That 92-1416 Discontinuance or Transfer of Business. (A) Whenever a distributor ceases to engage in business as a distributor within the State of Georgia by reason of the discontinuance, sale or transfer of the business of such distributor, it shall be the duty of such distributor to notify the Comptroller-General in writing at least 10 days prior to the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale or transfer of the business, the date thereof and the name and address of the purchaser or transferee thereof. All taxes, not yet due and payable under the provisions of this Act shall, together with any and all interest accruing or penalties imposed under this Act, notwithstanding any provisions thereof, become due and payable concurrently with such discontinuance, sale or transfer, and it shall be the duty of any such distributor concurrently with such discontinuance, sale or transfer, to make a report and pay all such taxes, interest, and penalties, and to surrender to the Comptroller-General the license certificate theretofore issued to said distributor by the Comptroller-General. Discontinuance or transfer of business. (B) Unless the notice above provided for shall have been given to the Comptroller-General as above provided, such purchaser or transferee shall be liable to the State of Georgia for the amount of all taxes, penalties, and interest under this Act accrued against any such distributor so selling or transferring his business, on the date of such sale

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or transfer, but only to the extent of the value of the property and business thereby acquired from such distributor. Be it further enacted by the authority aforesaid, That 92-1417 When Tax Payment Is In Default: Procedure. (A) If any distributor shall be in default for more than 10 days in the payment of any excise taxes and/or penalties thereon payable under the terms of this Act, the Comptroller-General shall forthwith proceed to issue execution as provided by law, and said execution shall be returnable to the Superior Court of the county or the residence of the defendant therein and any suit for the collection of any tax or penalty shall be brought in the county of the residence of the defendant in said suit. Defaults. (B) Nothing in this section shall be construed as forfeiting or waiving any rights to collect such taxes by an action upon any bond that may be filed with the Comptroller-General under the provisions of this Act, or by suit or otherwise, and in case such suit, action or other proceeding shall have been instituted for the collection of said tax, such suit, action or other proceeding shall not be construed as waiving any other rights herein provided. Be it further enacted by the authority aforesaid, That 92-1418 Refund of Taxes Erroneously or Illegally Collected. (A) In the event it shall appear to the Comptroller-General that any taxes, interest, or penalties imposed by this Act have been erroneously or illegally collected from any distributor, the Comptroller-General shall certify the amount thereof to the Governor of the State, who shall, if he approves, draw his warrant for such certified amount on the Treasurer of the State in favor of such distributor. Such refund shall be paid by the Treasurer of the State to such distributor forthwith from funds collected by the State under this Act. Refunds.

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(B) No refunds shall be made under the provisions of this section unless a written claim therefor setting forth the circumstances by reason of which such refund shall be allowed, which claim shall be in such form as the Comptroller-General shall prescribe, shall be sworn to by the claimant, and shall be filed with the Comptroller-General within two (2) years from the date of payment of the taxes illegally or erroneously collected. Be it further enacted by the authority aforesaid, That 92-1419 Public Inspection of Records. The records of the Comptroller-General shall at all reasonable times be open to the inspection of the public. Public inspection. Be it further enacted by the authority aforesaid, That 92-1420 Exchange of Information Among the States. The Comptroller-General of the State of Georgia shall, upon request duly received from the officials to whom are intrusted the enforcement of the Motor-Fuel Tax Laws of any other State, forward to such officials any information which the Comptroller-General may have in his possession relative to the manufacture, receipt, sale, use, transportation and/or shipment by any person of motor fuel and/or kerosene. Information. Be it further enacted by the authority aforesaid, That 92-1421 Rules and Regulations. The Comptroller-General shall prescribe and publish all needful rules and regulations for the enforcement of this Act. The Comptroller-General and his deputies or other authorized agents are hereby given the necessary police powers for the purpose of enforcing this Act. It is the duty of every arresting officer, county, municipal and State, to enforce the provisions of this Act. Regulations. Be it further enacted by the authority aforesaid:

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Section 2. That Title 92 (Public Revenue), Division 4 (Crimes), Chapter 92-99 (In General), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of Section 92-9905 (Failure of Motor Fuel Distributor to Register), and inserting in lieu thereof a new section to be numbered 92-9905 and to read as follows: 92-9905 Failure of Motor-Fuel Distributor to Register, File Statement, etc. (A) Any person who shall refuse or neglect to make any statement, report or return required by the provisions of the Motor-Fuel Tax Law (Chapter 92-14), or who shall knowingly make, or shall aid or assist any other person in making a false statement in a return or report to the Comptroller-General, or in connection with an application for refund of any tax, or who shall knowingly collect or attempt to collect, or cause to be paid to him or to any other person, either directly or indirectly, any refund of such tax without being entitled to the same, or who shall engage in business in the State of Georgia as a distributor without being the holder of an uncanceled license to engage in such business, or who shall sell any motor fuel and/or kerosene, purchased by such person from any person, other than a duly licensed distributor, upon which the tax herein imposed shall not be paid, shall upon conviction thereof be punished by a fine of not less than five hundred ($500.00) dollars nor more than ten thousand ($10,000.00) dollars or imprisonment for a term of not less than thirty (30) days, and not more than one (1) year, or both such fine and imprisonment. Each day or part thereof, during which any person shall engage in business as a distributor without being the holder of an uncanceled license, shall constitute a separate offense within the meaning of this section. Failure to register, etc.

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(B) Any person (1) purchasing motor fuel and/or kerosene from any distributor tax exempt under the Motor-Fuel Tax Law (Chapter 92-14), who shall use or permit to be used any of such motor fuel and/or kerosene for the purpose of generation of power for the propulsion of motor vehicles upon the public highways, or shall sell any of the same in the State of Georgia, or Forbidden acts. (2) purchasing motor fuel and/or kerosene from any distributor tax exempt under the Motor-Fuel Tax Law (Chapter 92-14) for export, who shall use or permit to be used any of such motor fuel and/or kerosene in the State of Georgia or shall sell any of the same (except for export, satisfactory proof thereof being furnished at the time and in the manner prescribed by the Comptroller-General), shall be deemed for all purposes of the Motor-Fuel Tax Law to be the distributor with respect to all of the motor fuel and/or kerosene so purchased and to have received the same within the meaning of the Motor-Fuel Tax Law and shall be liable for the full amount of the tax imposed by the Motor-Fuel Tax Law thereon, together with a penalty of fifty per cent. (50%), and shall, moreover, in the event of conviction thereof, be punished by a fine of not less than five hundred ($500.00) dollars nor more than ten thousand ($10,000.00) dollars or imprisonment for a term of not less than thirty (30) days or not more than one (1) year, or both such fine and imprisonment. Penalty. (C) When any person (not required by the provisions of the Motor-Fuel Tax Law to register as a distributor in motor fuel and/or kerosene), purchasing or otherwise acquiring motor fuel and/or kerosene in tank car, transport tank truck, or cargo lots and selling or otherwise disposing of the same for delivery in the State of Georgia, shall fail to submit his monthly report to the Comptroller-General by the twentieth (20th) day of the next succeeding month, or

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when such person shall fail to submit in such monthly report the data required by the Motor-Fuel Tax Law, such person shall be guilty of a misdemeanor and shall be fined an amount not greater than one hundred ($100.00) dollars for the first offense and shall be fined an amount not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each subsequent offense. Failure in monthly report. Penalty. (D) Any person violating any of the provisions of the Motor-Fuel Tax Law requiring the retention of records, by distributors, jobbers, dealers, or other persons, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be sentenced to pay a fine of one thousand ($1,000.00) dollars and cost of prosecution, or to undergo imprisonment for not more than one (1) year, or both in the discretion of the court. Non-retention of records. Penalty. Be it further enacted by the authority aforesaid, That Title 92 (Public Revenue), Division 4 (Crimes), Chapter 92-99 (In General), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of the Section 92-9906 (Motor Fuel Distributors, Violation of Law Relating to), and inserting in lieu thereof a new section to be numbered 92-9906 and to read as follows: 92-9906 Motor-Fuel Distributors, Violation of Other Provisions of Motor-Fuel Tax Law. Any person violating any of the other provisions of the Motor-Fuel Tax Law (Chapter 92-14) or who shall fail to do any other Act required by the Motor-Fuel Tax Law (Chapter 92-14) shall be guilty of misdemeanor. Misdemeanors. Be it further enacted by the authority aforesaid: Section 3. Constitutionality. That if any part, or parts, section, subsection, sentence, clause or phrase of this Act (including the proposed sections 92-9905 and 92-9906) are for any reason declared unconstitutional, such decision shall

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not affect the validity of the remaining portions of this Act which shall remain standing as if such Act had been passed with the unconstitutional part or parts, section, sub-section, sentence, clause or phrase thereof eliminated, and it is hereby declared by the General Assembly as a Legislative Act that it would have adopted this Act if such unconstitutional part, or parts, section, subsection, sentence, clause or phrase had not been included herein. Constitutionality. Be it further enacted by the authority aforesaid: Section 4. Effective Date. That this Act shall become effective on the first day of the next succeeding month following approval, and every distributor shall procure a lisense and furnish a bond in accordance with the provisions of this Act within the next succeeding period of thirty days following the date this Act becomes effective. Effective date. Section 5. Repealing Clause. That all laws and/or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1937.

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TITLE IV. GOVERNMENT DEPARTMENTS ESTABLISHED ACTS Executive Department Operations Amendment. Housing Authorities Law. Labor Department Established. Librarians; Certification Board. Milk-Control Board. Natural Resources Department. Photographic Examiners, Board of. Planning Board. Professional Engineering Registration Board Public Assistance to Aged. Public-Safety Department. Public-Welfare Department Functions. Public-Welfare Department Powers. Radio Commission. Soil Conservation. State Athletic Commission. SterilizationState Board of Eugenics. EXECUTIVE DEPARTMENT OPERATIONS AMENDMENT No. 504 An Act to amend an Act entitled An Act to simplify the operations of the Executive Branch of the State government; and for other purposes, approved August 28, 1931, so as to define the duties of the Secretary of State and the Secretary of the several Examining Boards and to provide for the collection and disbursement of the fees provided for in the creation of the said Examining Boards, to fix the salary of the Secretary of State, 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 entitled An Act to simplify the operations of the Executive Branch of the State government; and for other purposes, be and the same is hereby amended as follows: Act of 1931 amended. Section 1. By striking out in its entirety Section 86, of Article 8, of said Act and substituting in lieu thereof the following: The salary of the Secretary of State is hereby fixed at $6,000.00 per annum, payable monthly, which shall be in lieu of all fees, perquisites, and other emoluments, same to be paid including salaries for necessary clerical assistants out of the maintenance appropriation made for such purposes. Secretary of StateSalary and expenses. Section 2. By striking the last three sentences of the last paragraph of Article 8, Section 89, of said Act and substituting, in lieu thereof, the following: The expenses and salary of the Secretary and the expenses and salaries incident to the work of his office shall be paid out of the fees remitted to the State Treasurer on a pro rata basis according to the total amount of fees collected annually by the Joint Secretary for the several Examining Boards. Any and all balances on hand at the end of each year shall be maintained in the State Treasury for the use and maintenance of the several Examining Boards and the office of the Joint Secretary. No Examining Board enumerated in this Article or which may be created hereafter shall draw from the State Treasury any funds except those collected by them as prescribed by law and, likewise, the office of the Joint Secretary shall be so limited on the pro rata basis. That all persons practicing the professions and trades enumerated herein shall be required to register annually with said Secretary upon blanks

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furnished by said Secretary for such purposes. And provided further, that said Secretary shall notify the Tax Collectors in each of the counties in this State the names of the persons so registered with him for the practice of their profession or professions in each respective county. How paid. Section 3. By striking Section 89-A, Article 8, of said Act in its entirety and substituting, in lieu thereof, the following: The salary of the Secretary of said Examining Board shall be fixed by the Secretary of State, and he shall hold office at the pleasure of the Secretary of State. The expenses of the members of the various boards shall be limited to actual expenses while in attendance upon the meetings of said respective boards, their legal per diem, and actual traveling expenses. One member of each of the several Examining Boards may attend annually State and/or national meetings pertaining to the work of their respective trade or profession. The Secretary shall maintain an office in the State Capitol, and all of the meetings of said respective Boards shall be held in the Capitol. All expense vouchers shall in each case be itemized, approved by the chairman of each respective board, and presented to the Joint Secretary for payment. Salary of Secretary of Examining Board. Section 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 31, 1937. HOUSING AUTHORITIES LAW No. 411 An Act to declare the necessity of creating public bodies corporate and politic to be known as housing authorities to undertake slum clearance and projects to provide

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dwelling accommodations for persons of low income; to create such housing authorities in cities having a population of more than 5,000 inhabitants and in counties; to define the powers and duties of housing authorities and to provide for the exercise of such powers, including acquiring property, borrowing money, issuing bonds and other obligations, and giving security therefor; to provide that housing authorities, their property and securities shall be exempt from taxation and assessment, but to authorize certain payments in lieu of taxes; and to confer remedies on obligees of housing authorities. To establish a State Housing Authority Board and to define its authority. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. Short Title. This Act may be referred to as the Housing Authorities Law. Section 2. Finding and Declaration of Necessity. It is hereby declared: (a) that there exist in the State insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the State there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the State and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; (b) that these slum areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons

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of low income be relieved, through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise; (c) that the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired; that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency; and the necessity in the public interest for the provisions hreinafter enacted, is hereby declared as a matter of legislative determination. Necessity of dwelling accommodations. Section 3. Definitions. The following terms, wherever used or referred to in this Act, shall have the following respective meanings, unless a different meaning clearly appears from the context: Definitions. (a) Authority or Housing Authority shall mean any of the public corporations created by Section 4 of this Act. (b) City shall mean any city having population of more than 5,000 inhabitants. County shall mean any county in the State. The city shall mean the particular city for which a particular housing authority is created. The county shall mean the particular county for which a particular housing authority is created. (c) Governing body shall mean, in the case of a city, the Mayor, and in the case of a county, the County Commissioners. (d) Mayor shall mean the Mayor of the city or officer thereof charged with the duties customarily [Illegible Text] on the Mayor or executive head of the city.

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(e) Clerk shall mean the clerk of the city or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk. (f) Area of Operation in the case of a housing authority of a city, shall include such city and the area within 10 miles of the territorial boundaries thereof, but shall not include any area which lies within the territorial boundaries of any other city; and in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city. (g) Federal Government shall include the United States of America, the Federal Emergency Administration of Public Works or any other agency or instrumentality, corporate or otherwise, of the United States of America. (h) Slum means any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals. (i) Housing Project shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adaptation of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, educational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term housing project also may be applied to the planning of

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the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith. (j) Persons of low income shall mean persons or families who lack the amount of income which is necessary (as determined by the authority undertaking the housing project) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without over-crowding. (k) Bonds shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this Act. (l) Real Property shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. (m) Obligee of the authority or obligee shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the authority. Section 4. Creation of Housing Authorities. In each city (as herein defined) and in each county of the State there is hereby created a public body corporate and politic to be known as the Housing Authority of the city or county; Provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city or the county, as

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the case may be, by proper resolution shall declare at any time hereafter that there is need for an authority to function in such city or county. The determination as to whether there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by 25 residents of the city or county, as the case may be, asserting that there is need for an authority to function in such city or county and requesting that the governing body so declare. Housing Authorities. The governing body shall adopt a resolution declaring that there is need for housing authority in the city or county, as the case may be, if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such city or county or (b) that there is a shortage of safe or sanitary dwelling accommodations in such city or county available to persons of low income at rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants to such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes. Resolution. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of a resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms (no further detail being necessary) that either or both of

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the above enumerated conditions exist in the city or county, as the case may be. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action or proceeding. Validity. There is hereby created a State Housing Authority Board consisting of five members, to-wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor as an ex-officio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State House Authority Board and none of the local sub-divisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the acts or things authorized herein, without first securing the approval of the State Housing Authority Board. No project shall be undertaken without such approval of said State Housing Authority Board and said Board shall have the right or refusal and the ultimate power to veto any act or project of any public body or local Housing Authority Board as defined in this Act. Board created. Section 5. Appointment, Qualifications and Tenure of Commissioners. When the governing body of a city adopts a resolution as aforesaid, it shall promptly notify the Mayor of such adoption. Upon receiving such notice, the Mayor, by and with the consent of the Governor, shall appoint five persons as Commissioners of the authority created for said city. When the governing body of a county adopts a resolution as aforesaid, said body, by and with the consent of the Governor, shall appoint five persons as Commissioners of the authority created for said county. The Commissioners who are first appointed shall be designated

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to serve for terms of one, two, three, four and five years, respectively from the date of their appointment, but thereafter Commissioners shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. No Commissioner of an authority may be an officer or employee of the city or county for which the authority is created. A Commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or re-appointment of any Commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner. A Commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. Appointment, qualification, and tenure. The powers of each authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the Commissioners present, unless in any case the by-laws of the authority shall require a larger number. The Mayor (or in the case of an authority for a county, the Governor) shall designate which of the Commissioners appointed shall be the first chairman, but when the office of the chairman of the authority thereafter becomes vacant, the authority shall select a chairman from among its Commissioners. An authority shall select from among its Commissioners a vicechairman, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensations. For such legal services as it may require, an authority may call upon the chief law officer of the city or the county may employ its own counsel

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and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper. Powers. Section 6. Interested Commissioners or Employees. No Commissioner or employee of an authority shall acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project, nor shall he have any interest direct or indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any housing project. If any Commissioner or employee of an authority owns or controls an interest direct or indirect in any property included or planned to be included in any housing project, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office. Interest excluded. Section 7. Removal of Commissioners. For inefficiency or neglect of duty or misconduct in office, a Commissioner of an authority may be removed by the Mayor, with the consent of the Governor (or in the case of an authority for a county, by the governing body of said county, with the consent of the Governor), but a Commissioner shall be removed only after he shall have been given a copy of the charges at least 10 days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk. Removal from office. Section 8. Powers of Authority. An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including the following powers in addition to others herein granted: Governmental functions.

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(a) To sue and be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal by-laws, rules and regulations, not inconsistent with this Act, to carry into effect the powers and purposes of the authority. (b) Within its area of operation: to prepare, carry out, acquire, lease and operate housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any housing project or any part thereof. (c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with, a housing project or the occupants thereof; and (notwithstanding anything to the contrary contained in this Act or in any other provision of law) to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the Federal Government may have attached to its financial aid of the project. (d) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and (subject to the limitations contained in this Act) to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest

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therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards; to procure insurance or guarantees from the Federal Government of the payment of any debts or parts thereof (whether or not incurred by said authority) secured by mortgages on any property included in any of its housing projects. (e) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which-savings banks may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be canceled. (f) Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstructing of slum areas, and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the State or any political subdivision thereof in action taken in connection with such problem; and to engage in research, studies and experimentation on the subject of housing. (g) Acting through one or more Commissioners or other person or persons designated by the authority: to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, issue subp[oelig]nas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are outside of the

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State or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies (including those charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or insanitary structures within its area of operation) its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, morals, safety or welfare. (h) To exercise all or any part or combination of powers herein granted. No provisions of law with respect to the acquisition, operation or disposition of property by other public bodies shall be applicable to an authority unless the Legislature shall specifically so state. Section 9. Operation Not For Profit. It is hereby declared to be the policy of this State that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that no housing authority shall construct or operate any such project for profit, or as a source of revenue to the city or the county. To this end an authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived) will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the authority; and (c) to create (during not less than the six years immediately succeeding its issuance

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of any bonds) a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve. Non-profit. Section 10. Rentals and Tenant Selection. In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection: (a) It may rent or lease the dwelling accommodations therein only to persons of low income. (b) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of such persons of low income. (c) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding. (d) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an aggregate annual income in excess of five times the annual rental of the quarters to be furnished such person or persons; in computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. (e) It shall prohibit subletting by tenants. Rentals and tenancies. Nothing contained in this or the preceding section shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this or the preceding section.

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Section 11. Cooperation Between Authorities. Any two or more authorities may join or cooperate with one another in the exercise of any or all of the powers conferred hereby for the purpose of financing, planning, undertaking, constructing or operating a housing project or projects located within the area of operation of any one or more of said authorities. Cooperation. Section 12. Eminent Domain. An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this Act after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in Title 36, Georgia Code, and any Acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, provided that no real property belonging to the city, the county, the State or any political subdivision thereof may be acquired without its consent. Eminent domain. Section 13. Zoning and Building Laws. All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated. Zoning and building laws. Section 14. Bonds. An authority shall have power to issue bonds from time to time in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable: (a) exclusively

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from the income and revenues of the housing project financed with the proceeds of such bonds, or with such proceeds together with a grant from the Federal Government in aid of such project; (b) exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally. Any of such bonds may be additionally secured by a pledge of any revenues or a mortgage of any housing project, projects or other property of the authority. Bond issues. Neither the Commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations or an authority (and such bonds and obligations shall so state on their face) shall not be a debt of the city, the county, the State or any political subdivision thereof and neither the city or the county, nor the State or any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes. No personal liability. Section 15. Form and Sale of Bonds. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six per centum (6%) per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of

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payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide. BondsForm and sale. The bonds may be sold at not less than par at public sale held after notice published once at least five days prior to such sale in a newspaper having a general circulation in the city or the county and in a financial newspaper published in the City of New York, New York, or in the City of Atlanta, Georgia, provided, however, that such bonds may be sold at not less than par to the Federal Government at private sale without any public advertisement. In case any of the Commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such Commissioners or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this Act shall be fully negotiable. Any bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide dwelling accommodations for persons of low income shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of such bond or the security therefor, to have been issued for a housing project of such character. Section 16. Provisions of Bonds, Trust Indentures, and Mortgages. In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power: Bond powers. (a) To pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence. Pledges.

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(b) To mortgage all or any part of its real or personal property, then owned or thereafter acquired. Mortgages. (c) To covenant against pledging all or any part of its rents, fees and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence or against permitting or suffering any lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it. Covenants. (d) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for their redemption and to provide the terms and conditions thereof. (e) To covenant (subject to the limitations contained in this Act) as to rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds. (f) To prescribe the procedure, if any, by which the terms of any contract with bond holders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.

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(g) To covenant as to the use of any or all of its real or personal property; and to covenant as to the maintenance of its real and personal property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys. (h) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived. (i) To vest in a trustee or trustees or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said authority, to take possession and use, operate and manage any housing project or part thereof, and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with said trustee; to provide for the powers and duties of a trustee or trustees and to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. Trusts. (j) To exercise all or any part or combination of the powers herein granted; to make covenants other than and in addition to the covenants herein expressly authorized, of like or different character; to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bond, or, in the absolute discretion of said authority, as will tend to

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make the bonds more marketable notwithstanding that such covenants, acts or things may not be enumerated herein. Section 17. Remedies of an Obligee of Authority. An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: Remedies. (a) By mandamus, suit, action or proceeding at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this Act. (b) By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said authority. Section 18. Additional Remedies Conferable by Authority. An authority shall have power by its resolution, trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action or proceeding in any court of competent jurisdiction: Additional remedies. (a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee. (b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and operate and maintain same,

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and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct. (c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust. Section 19. Exemption of Property from Execution Sale. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues. Execution sale exemption. Section 20. Aid from Federal Government. In addition to the powers conferred upon an authority by other provisions of this Act, an authority is empowered to borrow money or accept grants or other financial assistance from the Federal Government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the Federal Government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this Act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, construction, maintenance or operation of any housing project by such authority. Federal Government aid.

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Section 21. Tax Exemption and Payments in Lieu of Taxes. The property of an authority is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit and income, and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the State or any political subdivision thereof; provided, however, that in lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services and facilities furnished by such city, county, or political subdivision for the benefit of a housing project, but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the improvements, services or facilities to be so furnished. Tax exemptions. Section 22. Reports. At least once a year, an authority shall file with the clerk a report of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this Act. Reports. Section 23. Severability. In the event that any part of this Act be declared unconstitutional only that part so declared shall be affected and the remainder of said Act shall continue of force. Constitutionality. Section 24. Act Controlling. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Approved March 30, 1937. LABOR DEPARTMENT ESTABLISHED. No. 333. An Act to provide for the establishment of a Department of Labor; to abolish the Department of Industrial Relations

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and all offices therein; to create the office of Commissioner of Labor and to define the duties of said Commissioner as administrative head of the Department of Labor; to provide for the arbitration and conciliation of labor disputes; to authorize the Commissioner of Labor to make investigations and to collect statistics relating to labor conditions; and to make inspections for the purpose of enforcing the labor laws of the State of Georgia; to create an Industrial Board; to empower such Board to make rules relating to health and safety in places of employment; to provide a proper procedure for review of such rules; to provide penalties for the proper enforcement of this Act and to repeal all laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. That, whenever used in this Act, employer includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other persons having control or custody of any place of employment or of any employees, except agricultural and domestic labor, and those employers having less than eight employees. Naval Stores Producers shall be classified as Agricultural, except in the administration of those Acts where otherwise classified by Federal laws. Definition. Section 2. Repeal. That Sections 54-101 to 54-115, inclusive of Chapter 54-1, of Title 54, of the Georgia Code of 1933, establishing a Department of Industrial Relations, providing for the election of the Commissioner of Commerce and Labor and the appointment of Directors and personnel of the Department, and describing the duties of the Department, and also an Act of the General Assembly of Georgia of 1935, Page 107, entitled An Act to amend Title 54 (`Industreial Relations'), Chapter 54-1 (`Department of Industrial Relations'), Section 54-107 (`Commissioner

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of Commerce and Labor; election; term of office, vacancy of 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 hereby repealed. Repeal of Code Title 54, Ch. 54-1, et seq., and of Act of 1935. On and after the effective date of this Act, the Department of Industrial Relations shall be abolished with the respective offices therein created. Within 60 days after such effective date, the Commissioner of Commerce and Labor shall submit to the Governor a report of the activities of the Department of Industrial Relations for the portion of the year 1937 during which the said Department was in existence. In lieu of the aforesaid Department a Department of Labor shall be organized as follows: Department abolished. Section 3. Department of Labor Established. There is hereby created and established a separate and independent administrative agency to be known as the Department of Labor. The said Department herein established shall have all the powers and perform all the duties heretofore vested by law in the Department of Industrial Relations except as otherwise provided. On and after the effective date of the Act, any reference to the Department of Industrial Relations in any law shall be deemed to refer to the Department of Labor, and any reference to the Commissioner of Commerce and Labor or to the Directors designated pursuant to Sections 101 and 102 of the Act approved August 28, 1931, appearing in the Acts of 1931, Page 42, and being Sections 54-101 and 54-102, of Chapter 54-1, of Title 54, of the Georgia Code of 1933, to manage the Department of Industrial Relations shall be deemed to refer to the Commissioner of Labor herein created or the Industrial Board and its members respectively. All sections of the Georgia Code of 1933, and all Acts or parts of Acts of the Georgia Laws relating to the said Department of Industrial Relations, the Commissioner of Commerce and Labor and the Directors of said Department are hereby

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amended accordingly; except that in Section 114-9901, Chapter 114-99, of Title 114, the term directors shall be deemed to refer to the Commissioner of Labor herein created. Department of Labor established. Section 4. Commissioner of Labor. The Department of Labor shall be under the direction and supervision of a Commissioner to be known as Commissioner of Labor. Such Commissioner shall devote his full time to the duties of his office and shall not hold any other office during his term of office. Said Commissioner shall be elected by those persons entitled to vote for the members of the General Assembly, and his term shall be for two (2) years except that the Governor shall appoint the Commissioner of Labor to serve until the next general election in 1938, if and when this Act shall become effective. Should a vacancy occur in said office the Governor shall be empowered to appoint any individual to fill an unexpired term of the Commissioner of Labor. The salary of said Commissioner shall not exceed the sum of five thousand ($5,000.00) dollars per annum and the same shall not be changed during the Commissioner's term of office. The Commissioner may be removed by the Governor for neglect of duty or malfeasance in office, provided written charges are served upon the Commissioner at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officers of this State, and provided further a majority shall find that the Commissioner is guilty of the charges preferred under the provisions of this Act, but for no other cause. The Commissioner shall have charge of the administration and enforcement of all laws, rules and regulations which it is the duty of the Department to administer and enforce, except as provided in the next section hereof and shall direct all inspections and investigations except as otherwise provided. Commissioner. Section 5. Industrial Board. (a) There is hereby created and established within the Department of Labor an Industrial Board, composed of three (3) members who

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shall be appointed by the Governor, by and with the advice and consent of the Senate. The present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board) shall serve as Chairman of said Board for the unexpired portion of his term for which he was elected and his salary shall be $4,800 per annum. The Board herein created shall have all the power and authority heretofore vested in the Department of Industrial Relations for the administration of the Workmen's Compensation Act. Industrial Board. Provided, that nothing in this Act shall affect the term of office of any member or Director of the present Department of Industrial Relations whose term of office has heretofore been confirmed by the State Senate. Upon the expiration of the present incumbent's term, the Governor shall appoint such Chairman in accordance with the provisions of Section 6. Of the other two original members of the Industrial Board, one shall be appointed for a term of two years and the other for a term of three years, and their successors shall be appointed for terms of four years each. Any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The Chairman of the Board shall represent the interests of the public, one member of said Board to be appointed by the Governor shall be a person who on account of his previous employment, or affiliation, shall be classified as a representative of employers, and one of such appointees shall be a person whose previous employment or affiliation has been in a class subject to the provisions of the Workmen's Compensation Law, regardless of whether the employment has been with a person, firm, or corporation coming within the operation of the Workmen's Compensation Law. The Commissioner of Labor shall be ex-officio member of the Board but shall have no vote. The members of the Industrial Board, as well as the Commissioner of Labor, shall before entering upon the duties of their respective

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offices, take an oath for the faithful discharge of their duties. Any member of the Industrial Board may be removed by the Govenor for neglect of duty or malfeasance in office, provided written charges are served upon the member at least ten (10) days prior to a hearing thereon before the Governor and the Constitutional Officers of this State, and provided further a majority shall find that the member is guilty of the charges preferred under the provisions of this Act or if he ceases to represent the interests on whose behalf he was appointed, but for no other cause. Terms of office. (b) The annual salaries of the members of the Board shall not be changed during the term of office of such member. The salary of each member, except the Chairman, is fixed at $4,000.00 per annum. Salaries. (c) The Industrial Board shall exercise all the powers and perform all the duties relating to the enforcement of the Workmen's Compensation Law, heretofore in the Department of Industrial Relations, and in the Directors of said Department, by the provisions of Title 114, of the Georgia Code of 1933, as amended, except those powers and duties which are purely administrative in character and which are vested in the Commissioner of Labor under this Act. Powers. (d) The Industrial Board may adopt a proper procedure to govern the exercise of its functions and hearings before the Board. Procedure. Section 6. Appointment of Chairman of the Industrial Board. Upon the expiration of the term of the present incumbent of the office of Commissioner of Commerce and Labor (hereafter to be known as Chairman of the Industrial Board pursuant to Section 5 of this Act) the vacancy in the office of Chairman of the Industrial Board shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, and the appointee shall hold his office for four years and until his successor shall have

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been appointed and shall have qualified. Any vacancy in the office shall be filled by the Governor for the unexpired portion of the term. Chairman. (b) The provisions of this Act shall not change the salary of the present Chairman of the Industrial Board which shall remain the same during the present incumbent's term of office. Salary. Section 7. Office. The Commissioner of Labor shall keep and maintain the office of the Department of Labor in the City of Atlanta, Georgia, and shall be provided with suitable rooms, necessary furniture, stationery, books, periodicals, maps, instruments and other necessary supplies; the expense thereof to be paid by the State in the same manner as other similar expenses are paid. The Commissioner, the members of the Industrial Board and the employees of the Department of Labor, shall be entitled to receive from the State their necessary and actual expenses for traveling on business of the Department, either within or without the State of Georgia. Such expenses shall be paid by the State in the same manner as other similar expenses are paid. Office in Atlanta. Section 8. Division of Department. (a) The Commissioner of Labor, by and with the approval of the Governor, may set up within the Department of Labor such divisions or bureaus as he may deem necessary for the exercise of the powers and the performance of the duties of the Department, except as otherwise provided. Divisions. (b) The Commissioner is authorized and empowered by and with the approval of the Governor, to appoint a secretary, the heads of all divisions or bureaus and such other employees as may be needed, and to assign them their duties and fix their annual salaries. Provided, however, that no appointment shall be made whereby the aggregate salaries of the appointees are in excess of the amount appropriated

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by the Legislature for salaries within the Department of Labor and no salary in excess of $2400.00 per annum shall be paid without the approval of the Governor. Moreover, the Commissioner, with the approval of the Governor, may remove from office any officer or employee in the Department upon notice and hearing, for neglect of duty or malfeasance in office. Provided, however, that it shall be understood that the Commissioner of Labor is not authorized and empowered to appoint a Secretary and Treasurer of the Industrial Board nor shall he exercise any authority over the personnel of the Industrial Board and shall not be authorized in any circumstance to remove from office any officer or employee of the Industrial Board upon any ground whatsoever, his authority with the Industrial Board shall be advisory only. Secretary, heads of bureaus, and employees. Section 9. Duties and Power of Commissioner. In addition to such other duties and powers as may be conferred upon him by law, the Commissioner of Labor shall have the power, jurisdiction, and authority: Duties and powers of Commissioner. (a) To superintend the enforcement of all labor laws in the State of Georgia, the enforcement of which is not otherwise specifically provided for, and all rules and regulations made pursuant to Sections 11 and 13 of this Act; (b) To make or cause to be made all necessary inspections to see that all laws and rules made pursuant thereto which the Department has the duty, power and authority to enforce, are promptly and effectively carried out; (c) To make investigations, collect and compile statistical information and report upon the conditions of labor generally, and upon all matters relating to the enforcement and effect of the provisions of this Act and of the Rules issued thereunder. (d) To propose to the Industrial Board such rules, or changes in rules, as he may deem advisable for the prevention

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of accidents or the prevention of industrial or occupational diseases in every employment or place of employment, and such rules, or changes in rules, for the construction, repair and maintenance of places of employment, places of public assembly, and public buildings as he may deem advisable to render them safe. The Commissioner may appoint committees composed of employers, employees, and experts to suggest rules or changes therein; Provided, however, that this shall not be construed to enlarge the rule making powers of the Industrial Board. (e) To do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes between employers and employees, and to avoid strikes. picketing, lockouts, boycotts, black list, discriminations, and legal proceedings in matters of employment. In pursuance of this duty, the Commissioner may appoint temporary boards of arbitration, provide necessary expenses of such boards, order reasonable compensation not exceeding $7.00 per day for each member engaged in such arbitration, prescribe rules for such arbitration boards, conduct investigations and hearings, publish reports and advertisements, and may do all things convenient and necessary to accomplish the purpose of the Act. The Commissioner may designate a mediator and may detail employees or persons not in the Department from time to time to act as his assistants for the purpose of executing such provisions. Employees of the Department of Labor shall act on temporary boards without extra compensation: Nothing in this section or in this Act shall be construed to in anywise prohibit or limit employees' right to bargain collectively. (f) To supervise the business of private employment agencies and employment intelligence bureaus and as frequently as may be necessary to examine into the condition of each such agency or bureau. The Commissioner shall require each agent to make application for license to do business,

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which application must be indorsed by two taxpayers in the county where such agency proposes to conduct business, said license to be granted by the Commissioner upon the payment to the State of such tax as may be charged, and the filing of a bond in the sum of $500.00 for the faithful performance of duty, said license to be renewed annually. The Commissioner shall require each agency to report to him once a month in writing, showing the names, addresses and number of persons for whom positions were secured, where secured, the kind of position, the pay of same, the amount of fee collected and the amount still to be collected. Nothing in this paragraph shall authorize any employment agency or persons with such agency, or any employee thereof, to act as an emigrant agent. If any agent shall be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for prosecution and to cancel the license of such agency to do business. (g) To exercise jurisdiction over such person, firm or corporation acting as an emigrant agent or agency, hereinafter referred to as emigrant agent. The Commissioner shall require each emigrant agent to make application for license to do business, said application to be indorsed by two taxpayers and accompanied by a bond of $1000.00 for the faithful performance of duty, and the payment of such tax as may be required by law. Each emigrant agent shall make a daily report to the Commissioner, showing the names, addresses and number of people carried out of the State, the points to which they have been carried, the kind and character of work secured for them, the pay to be received by them, the fee charged them or to be collected and from whom. The emigrant agent shall show clearly by whom employed, if paid a salary, or from whom he receives a commission, and how much. The Commissioner shall inspect the office and work of each emigrant agent as often as may be necessary and, if any emigrant agent shall

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be found to be violating the law, it shall be the duty of the Commissioner immediately to proceed to have such person presented to the proper authorities for the prosecution and to cancel the license to do business. Each emigrant agent must secure annually a license to do business. In contemplation of this section, an emigrant agent is any person who shall solicit or attempt to procure labor in this State to be employed beyond the limits of same. Section 10. Employer's Duty as to Safety. (a) Every employer shall furnish employment which shall be reasonably safe for the employees therein and shall furnish and use safety devices and safeguards, and shall adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees; Provided that, as used in this Act, the term safe or safety as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees. Employer's duties. (b) Every employer and every owner of a place of employment, place of public assembly, or public building, now or hereafter constructed, shall so construct, repair, and maintain the same as to render it reasonably safe. Section 11. Public Hearing on Proposed Rules. Before any rule is adopted, amended or repealed, there shall be a public hearing thereon, notice of which shall be published at least once not less than ten days prior thereto in such newspaper or newspapers as the Industrial Board may prescribe. Public hearing. Section 12. Effective Date of Rules; Publication. (a) The rules and all amendments and repeals thereof shall unless otherwise prescribed by the Board, take effect twenty

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days after the first publication thereof and certified copies thereof shall be filed in the office of the Secretary of State. Effective date of rules. (b) Every rule adopted and every amendment or repeal thereof shall be published in such manner as the Board may determine and the Board shall deliver a copy to every person making application therefor. The Commissioner of Labor shall include the text of such rule, or amendment thereto, in an appendix to the annual report of the Department of Labor next following the adoption or amendment of such rule. Publication. Section 13. Variations. If there shall be practical difficulties or unnecessary hardships in carrying out a rule of the Industrial Board, the Board may, after public hearing, make a variation from such requirement if the spirit of the rule and law shall be observed. Any person affected by such rule, or his agent, may petition the Board for such variation stating the grounds therefor. The Board shall fix a day for a hearing on such petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the Department of Labor and open to public inspection. Variations. Section 14. Petition and Hearing. (a) Any person in interest, or his authorized agent may petition the Board for a review of the validity or reasonableness of any rule made under the provision of this Act. Hearing. (b) The petition shall be verified, shall be filed with the Board and shall state the rule proposed to be reviewed and in what respect it is claimed to be invalid or unreasonable. The Board may join in one proceeding all petitions alleging invalidity or unreasonableness of substantially similar rules. The filing of such petition shall operate to stay all proceedings under such rule until the determination of such review. Petitions.

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(c) The Board shall order a hearing if necessary to determine the issue raised, or if the issues have been considered in a prior proceeding, the Board, without hearing, may confirm its previous determination. Notice of the time and place of hearing shall be given to the petitioner and to such other persons as the Board may determine. Notice of hearing. (d) If the Board finds that the rule is invalid or unreasonable, it shall revoke or amend the same. Revocation. Section 15. Review of Rules. (a) Any employer, owner, or other person in interest being dissatisfied with any rule of the Board may, commence an action in the Superior Court of the county wherein such employer, owner, or other person in interest, resides, or has his or its principal place of business against the Department of Labor as defendant to enjoin and set aside any such rule on the ground that the rule is unlawful or that any such rule is unreasonable, in which action the defendant shall be served with a copy of the complaint. Service of the complaint may be made by serving a copy or second original by the sheriff or any deputy sheriff of any county wherein the Commissioner of Labor may be found, and service shall be made upon such Commissioner of Labor. Review of rules. Section 16. Duty to Furnish Information-Keeping of Records. Every employer shall keep a true and accurate record of the name, address, and occupation of each person employed by him, and of the daily and weekly hours worked by each such person and of the wages paid during such pay period to each such person. Such records shall be kept on file for at least one year after the date of the record. No employer shall make or cause to be made any false entries in any such record. Information records. Section 17. Enforcement. It shall be the duty of the Attorney-General of the State and the solicitors general of their respective judicial circuits, upon request of the Commissioner of Labor, or any of his authorized representatives,

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to prosecute any violation of the law which is made the duty of the said Commissioner to enforce. Enforcement of law. Section 18. Penalty. (a) Any employer, or owner, who violates or fails or refuses to comply with any provisions of this Act within the time prescribed, or any judgment or decree made by any court in connection with the provisions of the Act for which no penalty has been otherwise provided, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty ($20.00) dollars nor more than two hundred ($200.00) dollars, or shall be imprisoned for not exceeding six months, or both so fined and imprisoned for each such offense; Provided, that any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor or his authorized representatives, or to any member of the Industrial Board, shall be deemed guilty of perjury. Penalties. (b) Any person who violates, or fails or refuses to comply with any rule of the Industrial Board shall be fined not less than twenty ($20.00) dollars and not more than two hundred ($200.00) dollars for each offense. Section 19. Annual Report-Recommendation as to Legislation Needed. The Commissioner of Labor shall annually, on or before the first day of January, file with the Governor a report covering the activities of the Department of Labor, accompanied by recommendations with reference to such changes in the law, applying to and affecting industrial labor conditions, as the Commissioner of Labor may deem advisable. The report of the Commissioner shall be printed and distributed in such manner as the Governor shall authorize. Annual reports. Section 20. Transfer of Records, Files, etc., and Appropriations. Upon the effective date of this Act, all records, papers, files, property and pending business of the Department

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of Industrial Relations or any other governmental agency the powers of which have been transferred to the Department of Labor, the Commissioner of Labor, or to the Industrial Board by the provisions of this Act, shall become the records, papers, files, property and pending business of the Department of Labor, and all unexpended funds and appropriations of the Department of the Industrial Relations and other governmental agencies shall become funds and appropriations available to be expended by the Commissioner of Labor in the exercise of rights, powers, and duties conferred upon the Department of Labor, the Commissioner of Labor or the Industrial Board by this Act. Transfer of records, etc. Section 21. Pending Litigation. Nothing in this Act shall be construed to affect pending litigation growing out of, connected with, or based upon proceedings under the Workmen's Compensation Law, and all indictments, prosecutions, suits and other proceedings relating to the labor laws of the State of Georgia in any of the courts shall be prosecuted to final judgment and execution. Litigation pending. Section 22. Nothing in this Act contained shall apply to any railroad company the principal motive power of which is steam or to the employees of any such railroad company. Railroads not included. Section 23. Separability. If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Constitutionality. Section 24. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1937.

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LIBRARIANS; CERTIFICATION BOARD. No. 406. An Act to establish a State Board for the Certification of Librarians; to provide for the appointment, powers, duties, and functions of said Board; to provide penalties for the violation of said Act; to prescribe fees for the certification of librarians and make disposition of such fees, to delegate additional powers and duties to the Joint Secretary, State Examining Boards; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted: Section 1. That a State Board for the Certification of Librarians is hereby created to consist of five persons, four of whom shall be appointed by the Governor from a list of seven persons nominated by the Executive Board of the Georgia Library Association. The other member shall be the Executive Secretary of the Georgia Library Commission who shall serve as an ex-officio member of said Board. The terms of all members first appointed under this Act shall begin on the 1st day of July, 1937, but the terms of the members appointed by the Governor shall expire as follows: December 31, 1937, December 31, 1938, December 31, 1939, and December 31, 1940. The respective terms of the appointed members shall be determined by lot. Upon the expiration of the terms of members first appointed, their successors shall be appointed by the Governor from a list of seven persons nominated by the Executive Board of the Georgia Library Association for a term of five years. The term of the Executive Secretary of the Library Commission shall be coextensive with the term of office in this position. Members of the Board shall receive no compensation for their services, except actual and necessary traveling expenses incurred in attending meetings. State Board created. Terms of office.

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Section 2. Should a vacancy occur upon said Board the Governor shall appoint a member for the unexpired term in the same manner as in the case of original appointees. Vacancies. Section 3. The Board shall have authority to establish grades of certificates for librarians, to prescribe and hold examinations, or require submission of credentials to establish the qualifications of those seeking certificates as librarians, and to issue certificates of librarianship to qualified persons in accordance with such rules and regulations as it may prescribe. Certificates. Section 4. From and after January 1, 1938, any public library serving a political subdivision or subdivisions having over five thousand population according to the last official Federal census and every library operated by the State or its authority, including libraries of institutions of higher learning, shall not employ in the position of librarian or full time professional assistant in the library as defined by this Board, a person who does not hold a librarian's certificate issued by the Board. No public funds shall be paid to any library failing to comply with the provisions of this Act. Provided, however, that nothing in this Act shall apply to law libraries of counties and/or cities, or to libraries of public elementary and high schools. Employees limited. Non-application. Section 5. All applicants for a librarian's certificate shall file an application with the Joint Secretary, State Examining Boards, accompanied by a fee of $1.00, and said Joint Secretary shall remit the same to the State Treasury, such fees shall be used only for the purpose of carrying out the provisions of this Act and payment of the necessary expenses contemplated under Chapter 84-1 of the Code. The same jurisdiction, duties, powers, and authority which the Joint Secretary, State Examining Boards, has with reference to other examining boards is hereby conferred upon him with respect to the State Board for the Certification of Librarians. Applications and fees.

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Section 6. This Act shall not be construed to affect any librarian or full time assistant librarian in his or her present position. Such librarians as are now in service shall be entitled to receive a certificate in accordance with their qualifications for positions now held without examination, upon payment of the prescribed fee, and such certificate so issued shall be a life certificate. The Board may issue certificates to qualified persons who are serving in libraries not supported by public funds. Librarians not affected. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. MILK CONTROL BOARD. No. 374. An Act to declare an emergency concerning the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a Milk Control Fund, and provide for its expenditure in the enforcement of this Act; to authorize such Board tofix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. Declaration of Legislative Policy. As a matter of legislative determination, it is hereby declared that milk is a necessary article of food for human consumption; that the production and maintenance of an adequate supply of healthful milk is vital to the public health and welfare; that uneconomic practices in the production, transportation, processing, storage, distribution, and sale of milk within the State of Georgia constitute a constant menace to the health and welfare of the inhabitants of this State and undermine sanitary regulations and standards of content and purity; that, even with stringent enforcement of sanitary regulations, these uneconomic practices threaten seriously to impair and ultimately to destroy the supply of wholesome and healthful milk for adults and children within this State; that these facts have created an emergency situation; and that, to preserve the health of the people of this State, it is necessary in this emergency and in the public interest that the distribution and sale thereof be regulated as provided herein. Policy. Section 2. Definitions. As used in this Act, unless otherwise expressly stated, or unless the context or subject matter otherwise requires: Definitions. Board means the Milk Control Board established by this Act. Consumer means any person except a producer, producer-distributor, distributor, or store who buys milk for fluid consumption. Director means the Director of Milk Control established by this Act. Distributing Plant means any milk gathering station, processing plant, or barn where milk is collected and bottled or otherwise processed and prepared for sale, except for sale to distributors only, irrespective of whether or not such milk is produced at such station, plant, or barn.

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Distributor means any person selling milk who is not a producer, producer-distributor, or store as defined herein. Governor means the Governor of the State of Georgia. Licensee means licensed producer, licensed producer-distributor, licensed distributor, or licensed store. Milk includes raw milk, pasteurized milk, cream, buttermilk, flavored milk, ice-cream mix, and re-combined milk. Milk shall not include butter, cheese, ice cream, or condensed or evaporated milk contained in hermetically sealed cans. When quantity of milk is referred to, the intention is to designate a standard whole milk equivalent. Milk Shed means any area designated by the Board as a natural marketing area, and shall include one or more cities, towns or villages and surrounding territory, containing in each such area not less than one thousand (1,000) in population. Persons means any person, firm, partnership, corporation, or association. Processor means a person who buys milk for the processing of such milk into products or by-products of milk but not for resale as fluid milk. Producer means any person producing milk for sale only to one or more distributors or producer-distributors. Producer-distributor means any person producing milk and selling all or part thereof to one or more stores or consumers. This Act shall not be construed to apply to persons producing and selling all milk so produced on a non-commercial basis or to one or more processors only. Store means any wholesale or retail grocery store, hotel, restaurant, cafeteria, soda fountain, dairy products store, warehouse, manufacturing plant, or similar mercantile establishment which buys milk bottled or in cans and

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resells within any milk shed to which this Act is applicable such milk without re-bottling (except for immediate service for consumption by customers), pasteurizing, or otherwise processing the same. Whenever one person shall operate more than one store or shall operate his business in more than one unit, each such store or unit shall be deemed to be a separate and distinct store. Section 3. Milk Control Board. There is hereby created a Milk Control Board to consist of five members. The membership of the Board shall be maintained to include the Commissioner of Agriculture to represent producers, two producer-distributors, one of whom shall be a member of a cooperative marketing association; one distributor; and one consumer. Members of the Board, except for the Commissioner of Agriculture, shall be appointed by and shall serve at the pleasure of the Governor. Each appointed member shall be paid from the Milk Control Fund six ($6.00) dollars for each day actually engaged in official functions of the Board, plus subsistence and necessary traveling expenses. Board created. Section 4. Director of Milk Control Board. The Governor shall appoint a Director of the Milk Control Board, who is experienced in the milk business and who shall serve at the pleasure of the Governor. His compensation shall be fixed by the Governor to be paid monthly from the Milk Control Fund, but shall not exceed four thousand ($4,000.00) dollars per annum. The Director, with the approval of the Board, shall appoint and at pleasure remove such assistants and employees as may be necessary to carry out the provisions of this Act, prescribe their powers and duties, and fix their compensation, same to be paid from the Milk Control Fund. Director. Section 5. Milk-Sheds. Upon its organization, the Board shall designate natural marketing areas within the State, each of which shall constitute a milk shed, and the

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Board may, from time to time thereafter, designate additional milk sheds or combine two or more milk sheds in which this Act is effective. After the designation of any milk shed and upon petition to the Board therefor, the Board shall hold an election within such milk shed to determine whether or not the provisions of this Act shall be made applicable within such milk shed. Each producer, producer-distributor, and distributor having a municipal or county permit to sell milk within the milk shed shall be entitled to one vote only. If, in any such election, a majority of the votes cast shall be favorable thereto, the provisions of this Act shall thereupon apply within such milk shed and shall remain in force throughout the remaining life of this Act. The Board shall advertise each such election and make reasonable rules governing the conducting thereof. The decision of the Board as to the results of any such election shall be final, but the provisions of this Act shall not apply within any part of this State except within any milk shed wherein a favorable election has been held as provided in this section. Milk-Sheds. Election. Section 6. General Powers. The Board, with the assistance of the Director or its duly authorized agents, shall enforce the provisions of this Act and the Director, or any duly authorized agent of the Board, is hereby empowered with authority, subject to the provisions of this Act and the approval of the Board, to supervise and regulate the production, transportation, manufacture, storage, distribution, delivery, or sale of milk; and, for purposes of enforcing or administering the provisions of this Act, to administer oaths and take affidavits, to subp[oelig]na and require the attendance of witnesses and the production of books, papers, and documents, and to examine such witnesses, and to issue commissions for the examination of witnesses who are out of the State, unable to attend, or excused from attendance, as may be necessary in connection with any public hearing, investigation, or other matter as provided in this Act. In

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case of failure of any person to comply with any subp[oelig]na issued under authority of this Act, or the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, the judge of the Superior Court of the county in which such person resides or of the county in which such person may be personally served, on application of the Director, or authorized representative of the Board, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of a subp[oelig]na issued from such court or a refusal to testify therein. Powers. Section 7. Rules and Orders. The Board may make and enforce all rules and regulations, and all orders necessary to carry out the provisions of this Act. Every rule or order of the Board shall be posted, and shall remain so posted for a period of at least 10 days, for public inspection in the main office of the Director and published in each milk shed. Such posting in the main office of the Director of any rule or order shall constitute due and sufficient notice to all persons affected by such rule or order. A rule or order of the Board when duly posted as provided in this section, shall have the force and effect of law. Such rules or orders which have remained posted for 10 or more days shall be thereafter kept in the office of the Director subject to public inspection at any time during office hours. Rules, etc. Section 8. Entry and Inspection. For the purpose of enforcing this Act, the Board, acting through the Director or an authorized agent, shall have access to, and may enter at all reasonable hours, all places where milk is being sold, offered for sale, stored, bottled, or manufactured into food products. The Board, acting through the Director or an agent authorized by it, shall have power to inspect all books, papers, records, or documents in any place within the State for the purpose of ascertaining facts to enable the Board to administer this Act. The members of the Board, the Director, and any other person having possession of such

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information pursuant to the provisions of this Act, shall not divulge to any person, firm, or corporation the contents of any documents, papers, or record examined by any of them in the performance of their duties hereunder, or any information obtained by any of them in the course of his investigations, except as may be required to carry out the purposes of this Act and any person violating the provisions of this section shall be deemed to violate this Act and be subject to the provisions of Section 23 hereof. Inspection. Section 9. Licenses to Producers, Producer-Distributors, Stores and Distributors. In any milk shed where the provisions of this Act once apply, it shall be unlawful for any producer, producer-distributor, store, or distributor to produce, sell, buy, handle, or distribute milk unless such person be duly licensed as provided by this Act. It shall be unlawful for any such person to buy, sell, handle, or distribute milk which he knows or has reason to believe has been previously dealt with or handled in violation of any provision of this Act. Licenses. Section 10. Application for License. An applicant for a license to operate as milk dealer, producer, producer-distributor or store shall file an application upon a blank prepared under authority of the Board. An applicant shall state such facts concerning his circumstances and the nature of the business to be conducted as in the opinion of the Board are necessary for the administration of this Act. Such application shall be accompanied by any license fee required to be paid in advance. The Board may classify licenses and may issue licenses to milk dealers to carry on a certain designated kind of business only, or the same may be limited to a particular city or village or to a particular market or markets in the State, and may specify the place or places where milk may be received from producers. Each application for a license shall be in writing under oath. If the applicant is doing business within any municipality or county within any such milk shed which requires a health

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permit to do business, he shall accompany his application with such evidence as may be required by the Board that he holds such a permit. Application shall be duly made within 30 days after this Act takes effect in any milk shed by all persons required herein to be licensed in such milk shed. The license year shall commence on the day this Act applies to any given milk shed and end on the 31st day of December following. An application must be duly made at least 30 days before the commencement of the license year by all milk dealers then doing business in all milk sheds where this Act applies. Any annual license fees hereinafter fixed shall be reduced 25% in the case of any license applied for, for each fully elapsed quarter of a calendar year prior to the issuance of such license under the provisions of this Act; Provided, however, that no license fee for any period shall be less than 25% of the total. Applications for license. Section 11. License Fees. All persons required by this Act to be licensed shall pay such uniform license fees as may be fixed by the Board as follows: Each store shall pay an annual fee in advance, not to exceed two dollars and fifty cents ($2.50). Each producer shall pay a fee, not in excess of two cents for each 100 pounds of milk produced. Each producer-distributor shall pay a fee, not in excess of two cents for each 100 pounds of milk produced or received by him from any producer, producer-distributor, or distributor. Each distributor shall pay a fee, not in excess of two cents for each 100 pounds of milk received. Producer, producer-distributors, and distributors shall pay their fees monthly on the foregoing basis with respect to the milk handled during the preceding month, provided that it is the intention of this section that no fee shall be required with respect to any milk sold and consumed within territory which is not within a milk shed to which this Act may be applicable. Fees. Section 12. Bonds and Enforcements. Each distributor buying milk from producers for resale or manufacture

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shall execute and file a bond, unless relieved therefrom as hereinafter provided. The bond shall be upon a form prescribed by the Board, shall be in the sum fixed by it but not less than two thousand ($2,000.00) dollars, shall be executed by a surety company authorized to do business in this State, and shall be conditioned for the prompt payment of all amounts as and when due producers for milk sold by them to such licensee, during the license year. The bond shall be approved by the Board. Upon default by the distributor in any conditions of the bond, if there is reason to believe that the distributor owes for milk purchased from producers, the Board shall give reasonable notice to file verified claims and may, if it deems advisable, fix a reasonable time within which such claims must be filed. The Board shall examine claims so filed and by certificate determine the amounts due upon them. The Board may bring an action upon the bond and for the purposes of such action the certificate determining the amounts due shall be prima facie evidence of the facts therein stated. If the recovery upon the bond is not sufficient to pay all claims filed and established as finally determined, then the amount recovered shall be pro rated among claimants. All distributors shall from time to time, when required by the Board, make and file a verified statement of disbursements during a period to be prescribed by the Board, said statement shall also list the names and addresses of the supplying producers. If it appears from such statement or from facts otherwise ascertained by the Board that the security afforded to producers selling milk to such licensee by the bond does not adequately protect such producers, the Board may require such licensee to give additional bond in the sum to be determined by the Board, but not more than double the value of the maximum amount of milk purchased from producers in any one month, and not exceeding in any event ten thousand ($10,000.00) dollars. The provision of this Act relative to distributors buying milk from producers for resale, shall apply also to a distributor buying milk from a

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cooperative association or buying milk from another distributor or producer-distributor whenever, in the judgment of the Board, protection by bond or otherwise is necessary or desirable to protect the interests of producers. If the applicant for a license under this section be a natural person or a domestic corporation, the Board may, if satisfied from an investigation of the financial condition of the applicant that the applicant is solvent and possessed of sufficient assets to reasonably assure compensation to probable creditors, exempt for such time or period as it may deem advisable such person or corporation, by order from the provisions of this section requiring the filing of a bond. The Board may require, in lieu of bond, as a condition precedent to relieving such person or corporation from filing a surety bond, that cash be deposited with a bank or trust company, or bonds of the United States or State of Georgia be deposited with the Board, under such terms as will in its opinion afford producers the protection intended by this section. Bonds for the license year commencing when the Act applies and for subsequent license years, shall be filed with the application. Bonds. Section 13. Granting and Revoking Licenses. A license shall not be granted to a person not engaged in business as a distributor, producer-distributor or producer at the time of taking effect of this Act except for the continuation of a now existing business, and no license shall be granted to authorize the extension of an existing business by the operation of an additional plant or other new or additional facility, unless the Board is satisfied that the applicant is qualified by character, general fitness, experience, financial responsibility and equipment to properly conduct the proposed business; that the issuance of the license will not tend to promote a destructive or demoralizing competition in a market already adequately served, and that the issuance of the license is in the public interest. The Board may decline to grant or renew a license or may suspend or

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revoke a license already granted, upon due notice and opportunity of hearing to the applicant or licensee, when the Board after a hearing has become convinced: Revocation of licenses. (a) That any such applicant or licensee has rejected, without reasonable cause, any milk purchased from a producer, or has rejected, without reasonable cause or reasonable advance notice, milk delivered by or on behalf of a producer in ordinary continuance of a previous course of dealing, except where such contract has been lawfully terminated. (b) That any such applicant or licensee has failed to account and make payment, without reasonable cause, for any milk purchased from a producer. (c) That any such applicant or licensee has failed to keep records or to furnish the statements or information required by the Director. (d) That any statement upon which the license was issued was false or misleading in any particular. (e) That the applicant or licensee has violated or is violating any of the provisions of this Act, or has failed or is failing to comply with any requirement as herein provided. (f) That the applicant or licensee is retaining a sales agent, employee, or associate in business who individually has violated or is violating the provisions of this Act. (g) That the applicant or licensee has failed to remit license fees due to the Director hereunder. (h) That the applicant or licensee has not complied with the health and sanitary requirements of any incorporated town or city in which he is selling milk or has not complied with any other health laws of the State of Georgia which may be applicable to him.

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A license revoked for non-payment of license fees shall only be reinstated upon payment of all of the amount remaining due, plus a penalty of 10%. The Board may grant or renew a license or may decline to suspend or revoke a license conditionally upon the agreement of the applicant or licensee to do or omit to do any designated act, but such condition must have some appropriation relative to the administration of this Act. Section 14. Records. The Board may require licensees to keep any of the following records: Records. (a) A record of all milk received, detailed as to location, and as to names and addresses of suppliers, with butter fat test, prices paid, deductions or charges made. (b) A record of all milk sold, classified as to grade, location, and market outlet and size and style of container, with prices and amounts received therefor. (c) A record of the quantity of each milk product manufactured and quantity of milk or cream used in the manufacture of each product, also the quantity and value of milk products sold. (d) A record of wastage or loss of milk or butter fat. (e) A record of the items of the spread or handling expense and profit or loss, represented by the difference between the price paid and the price received for all milk. (f) Such other records and information as the Director may deem necessary for the proper enforcement of this Act. Section 15. Reports. Each licensee shall, from time to time, as required by rule or order of the Board, make and file a verified report with the Director, on forms prescribed by the Board, of all matters on account of which a record is required to be kept, together with such other information or facts as may be pertinent and material within

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the scope of the purpose and intent of this Act. Such report shall cover such period of time as may be specified in the order. Reports. Section 16. Bond. The member of the Board or the person designated by it, authorized to accept or receive money paid or to be paid to the Board as provided by this Act shall, before he enters upon the discharge of his duties, execute and file a bond in such amount as may be fixed by the State Treasurer in the manner provided by law for public officers. Bond. Section 17. Milk Control Fund. All moneys received by the Board as fees for licenses or otherwise shall be paid into the State Treasury and kept in a separate fund to be known as the Milk Control Fund. Ninety-seven per cent of such fund is hereby allocated to the Milk Control Board for the enforcement of this Act and is hereby appropriated, and shall be continuously available for that purpose, and shall be disbursed on warrants of the Governor as provided by law. Any balance remaining in the Milk Control Fund upon expiration of the life of this Act shall be transferred to the General Funds of the State. The Board shall have the authority to borrow money and pledge license fees for the payment thereof in carrying out its duties in the administration of this Act. Control fund. Section 18. Partial Invalidity. If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Constitutionality. Section 18-A. Constructions, Exceptions and Limitations. The license required by this Act shall be in addition to any and/or all other licenses required by law. This

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Act shall not be construed to conflict with, to alter or to repeal any regulatory sanitary laws regulating the sanitary production and distribution of milk or milk products, or any regulation governing such service now in existence or subsequently adopted or amended as required by law. Sanitary laws not affected. The provisions of this Act are solely intended to facilitate the orderly marketing of milk. If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, [Illegible Text] or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which such judgment shall have been rendered. Orderly marketing. Section 19. Orders Fixing Price of Milk. (a) The Board may determine, after public hearing, what prices for milk in a milk shed within which this Act is applicable, will adequately protect the milk industry and insure a sufficient quantity of pure and wholesome milk to adults and minors, having special regard to the health and welfare of children, and be most in the public interest; the Board shall take into consideration all conditions affecting the milk industry, including the amount necessary to yield a reasonable return to the milk producer and to the milk dealer. In determining what is a reasonable return to the producer, the Board shall take into consideration that necessary cost incurred in maintaining dairy animals in a healthy condition, paying wages and supplying working conditions to employees sufficient for their subsistence at levels generally obtained, and for the safe-guarding of their health in defraying the ordinary fixed charges and operating expenses incidental to the ownership, control and management of a herd of average numerical size, including a reasonable amount representing annual rent of land and equipment necessarily utilized therein and in addition to afford such producers a reasonable return in excess of their cost of production. In determining

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the reasonable return to the producer-distributor and distributor, the Board shall take into consideration reasonable average operating expenses in processing, storage, transportation and delivery charges, and all necessary reasonable expenses connected therewith. Price-fixing. (b) The Board after making such determination and based thereon, may fix by official order the minimum prices, and may likewise fix the maximum prices to be charged for milk handled within any milk shed to which this Act is applicable and wheresoever produced. Such prices so fixed by the Board may vary according to the kinds, grades, and classes of milk; the usages thereof; to the types of sales thereof; and to the localities in which such prices shall apply, but each price-fixing order issued by the Board shall be uniformly applicable to all persons subject thereto, and shall define the various classifications established by such order. When in the judgment of the Board, it is necessary or advisable, in order to promote a proper balance, between the supply of and the demand for milk, to fix a lesser price for milk which is produced in excess of what is needed for fluid consumption, the Board may establish a quantity or quota applicable to each producer, or to certain classes of producers, or to producers producing for a certain market or markets. For that purpose the Board may require any distributor to supply necessary information about the quantities of milk received from producers during a specified period of time, and to determine a quota or quantity for each producer in accordance with rules to be adopted by the Board. The Board may determine the prices to be received by producers for milk within the quota and for milk in excess of it. PricesVariations. (c) After the Board shall have fixed prices to be charged or paid for milk as aforesaid, it shall be unlawful and in violation of this Act for a producer, producer-distributor, distributor, or store to sell, or buy, or offer to sell or buy milk at any price less or more than such price or prices as

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shall be applicable to the particular transaction, and any method or device whereby milk is bought or sold or offered to be bought or sold at a price less or more than such price, or prices as shall be applicable to the particular transaction, whether by any discount, rebate, free service, advertising allowance, donation, financial aid, free equipment, or a combined price for such milk together with another commodity or commodities, or service or services, which is less or more than the aggregate of the prices for the milk and the price or prices for such other commodity or commodities, or service or services, when sold or offered for sale separately or otherwise, shall be unlawful and in violation of this Act. Violations of this Act. (d) The Board may, after public hearing, from time to time, alter, revise or amend an official order heretofore made with respect to the prices to be charged or paid for milk. Provided, that in no case shall the price of milk paid the producer be less than one-half of the price paid by the ultimate consumer for standard fluid milk. Revision of prices. (e) Before making, revising or amending any order fixing the price to be charged or paid for milk, the Board shall cause to be held a public hearing thereon, upon at least 10 days notice to the public by publication in the newspaper or newspapers (in which the sheriff's advertisements are inserted) of the county or counties within which the order may be effective. Such hearing shall be at such time and place as the Board may set and shall designate in the notice. The Board shall cause a verbatim record of each such public hearing to be kept and transcribed for the records of the Board. Hearing. Section 20. Review. The writ of certiorari by petition to the Superior Court having jurisdiction shall lie, as in other cases provided by law, for the correction of errors committed by the Board under authority of this Act. Review by certiorari.

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Section 21. Cooperative Marketing Associations. This Act shall not be construed to affect in any manner the relations between any cooperative marketing association, organized pursuant to the laws of Georgia or of the United States, and its members or producers selling to it; Provided that any such association shall itself comply with the provisions hereof as a producer with respect to milk sold to producer-distributors or distributors and as a distributor with respect to milk sold to others. Marketing associations. Section 22. Cooperation With Other Governmental Agencies. In order to secure a uniform system of milk control, the Board is hereby vested with power and it shall be its duty to confer and cooperate with the legally constituted authorities of other States and of the United States, including the Secretary of Agriculture of the United States, in the effectuation of the purposes of the Agricultural Adjustment Act and for the foregoing purposes, the Board shall have power to conduct joint hearings, issue joint or concurrent orders and exercise all its power under this Act. Cooperation. Section 23. Violations; Remedies. (a) Any person who violates any provision of this Act, or any rule or order of the Board lawfully made hereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, and each day during which any such violation shall continue, shall be deemed a separate offense. Violation a misdemeanor. (b) The Director, with the approval of the Board, may institute such action at law or equity as may be necessary to enforce compliance with any provision of this Act, or to enforce compliance with any rule or order of the Board made pursuant to the provisions of this Act, and in addition to any other remedy may apply to any Superior Court for relief by injunction, if necessary, to protect the public interest, without being compelled to allege or prove that an adequate remedy at law does not exist. Enforcement.

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Section 23-A. That nothing in this Act shall apply to any producer not having more than six cows from which he is actually selling milk. Producers excluded. Section 24. Termination of Act. The provisions of this Act shall apply during the emergency period as defined by this section. Emergency Period means the period between the time this Act takes effect and August 15, 1941. Any action or proceeding pending on that date and any right of action or cause or prosecution then accrued or existent arising out of this Act or any violation of it may be prosecuted to final determination, and for such purposes the provisions of this Act shall be deemed to be in full force and effect. Emergency period. Approved March 30, 1937. NATURAL RESOURCES DEPARTMENT. No. 103. An Act to create a Department of Natural Resources, and four (4) subdivisions thereof; to provide for the control and management of said department and the subdivisions thereof; to define the jurisdiction of said department; to provide for the establishment of regulations thereunder; to abolish the Department of Forestry and Geological Development, the Commission of Forestry and Geological Development and the Commissioner of Game and Fish; to provide for the appointment of a Commissioner of Natural Resources; and directors of the four (4) subdivisions of said department; to provide the necessary personnel and regulations for putting into operation said department and subdivisions; 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:

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Section 1. There is hereby created and established a department to be known as the Department of Natural Resources, with the organization, powers, and duties hereinafter defined in this Act; and subdivisions of said department known as follows: Department credit. 1. Division of Forestry. Divisions. 2. Division of Wild Life. 3. Division of Mines, Mining, and Geology. 4. Division of State Parks, Historic Sites and Monuments. Section 2. This Act shall be known and cited as the Department of Natural Resources. Section 3. In this Act, unless the context otherwise required, the expression Department means the Department of Natural Resources, the expression Commissioner means the Commissioner of Natural Resources, and the expression Director means the head of a subdivision of said Department of Natural Resources. Definitions. Section 4. It shall be the objects of the department: 1. To take over the powers, duties and authority exercised by the Department of Game and Fish, the Department of Forestry and Geological Development, the Commission of Forestry and Geological Development, and establish the Division of State Parks, Historic Sites and Monuments. Objects. 2. By investigation, recommendation, and publication, to aid: (a) In the promotion of the conservation and development of the natural resources of the State. (b) In promoting a more profitable use of lands, forests and waters.

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(c) In promoting the development of commerce and industry. (d) In co-ordinating existing scientific investigations and other related agencies, in formulating and promoting sound policies of conservation and development. (e) To collect and classify the facts derived from such investigations and from other agencies of the State as a source of information accessible to the citizens of the State, and to the public generally, setting forth the natural, economic, industrial and commercial advantages of the State. (f) To establish and maintain perfect cooperation between this department and all of its subdivisions with any and every agency of the Federal Government interested in or dealing with the subject matter of such department or subdivision. Section 5. The control and management of the department shall be vested in the Commissioner, to be known as the Commissioner of Natural Resources, with the directors of the various divisions, as hereinafter provided and set forth. Commissioner and Directors. Section 6. Upon the passage of this Act, the Governor shall appoint, by and with the advice and consent of the Senate, a Commissioner of Natural Resources, and a Director of Forestry, a Director of Wild Life, a Director of Mines, Mining and Geology, and a Director of State Parks, Historic Sites, and Monuments, each for a term of four (4) years, and they shall serve for the terms for which they are appointed, and until their successors are appointed and qualified. The term for the Commissioner and the directors is hereby fixed at four (4) years. Appointment. Terms of office. The Commissioner and each director shall subscribe to an oath to be administered by the Governor before assuming their duties, and each of them shall also execute an official bond in an amount to be fixed by the Governor prior to assuming

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official duties. A director may be removed for cause based on written charges and specifications to which he must be given full opportunity to reply. The hearing to be before a board composed of the Commissioner of Natural Resources, the head of the Forestry School at Athens, Georgia, and the head of Georgia Tech. A written report of their findings shall be filed with the Governor and their decision shall be final, and if that decision is in favor of removal the Governor shall declare the office vacant and shall immediately appoint a successor. Oath. Removal hearing report. Section 7. The Commissioner of Natural Resources shall receive a salary of five thousand ($5,000.00) dollars per year, and the directors shall each receive a salary of four thousand ($4,000.00) dollars per year, said salaries to be paid in equal monthly installments. Salaries. Section 8. The Commissioner shall have control of the work of the department and may make such rules and regulations as he may deem advisable to govern the work of the department and the duties of its employees. He shall make investigations of the natural mining industry and commercial resources of the State and take such measures as he may deem best suited to promote the conservation and development of such resources. He shall have charge of the work of forest maintenance, forest fire prevention, reforestation, and the protection of lands and water supplies by the preservation of forests. He shall also have the care of the State forests and parks and other recreational areas now owned, or to be acquired, by the State. He shall also have charge of the game and fish of the State and the work of mines, mining, and geology. He shall make such examination, survey, and mapping of the geology, mineralogy, and topography of the State, including their industrial and economic utilization as he may consider necessary; to make an investigation of the water supply and water power, with recommendations and plans for promoting their more profitable use, and such measures as he may consider necessary to promote

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their development. He shall make investigations of existing conditions of trade, commerce, and industry in the State, with the causes which may hinder or encourage their growth and may devise and recommend such plans as may be considered best suited to promote the development of their interests. He may take such other measures as he may deem advisable to obtain and make public a more complete knowledge of the State and its resources, and he is authorized to cooperate with other departments and agencies of the State in obtaining and making public such information. It shall be his duty to arrange and classify the facts derived from the investigations made, so as to provide a general source of information in regard to the State, its advantages and resources. The Commissioner shall prepare a report to be submitted by the Governor to each General Assembly, showing the nature and progress of the department. He shall cause to be prepared for publication, from time to time, reports and statements, with illustrations, maps and other descriptions which may adequately set forth the natural and material resources of the State and its industrial and commercial development, with a view to furnishing information to educate the people with reference to the material advantages of the State, to encourage and foster the existing industries and to present inducements for investments in new enterprises. Such reports and information shall be published and distributed as the Commissioner may direct, at the expense of the State, as other public documents. It is the intent and purpose, in creating the Department of Natural Resources, that the Commissioner and all the directors herein provided shall confer with, cooperate with, and work in harmony with the State Planning Board on all new activities of this department. Commissioner's duties and powers. Section 9. 1. Division of Forestry. The Department of Forestry and Geological Development, established by Section 19, of Article 4, of the Reorganization Act approved August 28, 1931, is hereby abolished. The Commission

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of Forestry and Geological Development created by Section 20, Article 4, of the Reorganization Act approved August 28, 1931, is hereby abolished; and all the powers, duties, and functions of the State Board of Forestry, established by virtue of the Act approved August 14, 1925 (Acts of 1925, page 199), and by Section 21 of the Reorganization Act approved August 28, 1931, page 13, transferred to the Department of Forestry and Geological Development, are hereby transferred to and vested in the Division of Forestry of the Department of Natural Resources, hereby created. The Division of Forestry shall be under the control and management of a director and the Commissioner of Natural Resources. The Director of Forestry shall be a graduate in forestry of the University of Georgia or a recognized school of forestry, and who in addition shall have had at least four years executive and administrative experience in forestry work. The Director of Forestry shall act as executive and administrative head of the Division of Forestry, shall carry out the policies of the Commissioner, and appoint such members of the technical and clerical staff as may be found necessary to enable him to carry out the work of the division, provided that appointees to the position of Assistant Director and District Forester must have had the same educational qualifications as required of the Director of Forestry. All of such appointments to be made subject to the approval of the Commissioner. Said Division of Forestry shall have the right to acquire, in the name of the State, by purchase, lease, agreement, or condemnation, such land within the State as may be deemed necessary and proper. It shall be the duty of the Director of the Division of Forestry to make a full report to the Commissioner of Natural Resources and he, in turn, to deliver said report to each session of the General Assembly, and to make such recommendations therein as it may be deemed advisable. The Division of Forestry is authorized to receive gifts or donations made to the division and to expend the same under the terms of such

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gifts or donations. The division shall have power to do special research work in wood pulp, and cellulose within the State, as funds may become available. The division shall be the designated agency to expend through the department all Federal aid funds available under the Clark-McNary Law for fire prevention and nursery work, and to enter into cooperative agreements and leases under the Fulmer Acts. Forestry DivisionDuties and powers. (a) When lands are acquired or leased under the provision of this Act, the director, with the approval of the Commissioner is authorized to make expenditures of funds not otherwise obligated to the management, development, and utilization of such areas, to sell and otherwise dispose of the products from such lands, and all funds so derived shall be used by the director in the acquisition, management, development and maintenance of such lands, until all obligations have been paid in full. Expenditures. The Director of Forestry with the approval of the Commissioner is authorized to establish and from time to time alter rules and regulations governing the use, occupancy and protection of the land and property under its control, and to preserve the peace therein. The director, with approval of the Commissioner, shall have full power and authority to exchange, sell, or lease lands under its jurisdiction when in their judgment it is advantageous to the State to do so in the highest orderly development and management of State forests. Provided, however, that said lease, sale, or exchange shall not be contrary to the terms of any contract which they have entered into. Land control. (b) That the Director of Forestry with the approval of the Commissioner is authorized to appoint fire wardens to enforce the provisions of the fire laws of the State and the wardens so appointed and the fire fighting crews under their direction may enter upon any land for the purpose of preventing and suppressing fires and enforcing the provisions of the fire laws of the State. That any fire burning uncontrolled

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on any forested, cut over, brushland or grasslands is hereby declared to be a public nuisance by reason of its menace to life and property. Any person, firm or corporation responsible either for the starting or the existence of such fire is hereby required to control or extinguish it immediately, and if such person, firm or corporation shall refuse or neglect to do so, any organized fire suppression force may suppress the nuisance thus constituted, by controlling and extinguishing the fire, and the cost thereof may be recovered from said responsible person, firm or corporation. That the said director, with the approval of the Commissioner, is hereby empowered and authorized to fix definite periods of time not to exceed thirty days in any calendar year, during which woods or uncultivated lands or marshlands may be burned over and to promulgate same. Fire wardens. Fires. 2. Division of Wild Life. The office of the Commissioner of Game and Fish, as established and created by Section 25, page 14 of the Reorganization Act approved August 28, 1931, is hereby abolished and a Division of Wild Life is hereby established. This division shall be under the direction of a Director of Wild Life, which office is hereby created, and all the powers, duties, and functions of said Commissioner of Game and Fish are hereby vested in the Director of the Division of Wild Life and the Commissioner of the Department of Natural Resources. Office abolished. Division of Wild Life established. (a) There is hereby established in the Division of Wild Life a subdivision to be under the control of an Inspector of Coastal Fisheries who shall be appointed by the Director of Wild Life and the Commissioner of Natural Resources. He shall devote his full time to his official duties, and shall reside within the territory interested in coastal fishery. He shall receive a salary of twenty-four hundred ($2400.00) dollars per year, and shall give bond in the sum of $10,000.00 for the faithful performance of his duties. He shall be authorized and required to take such action and to appoint such assistants as may be found necessary to the development

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and protection of fish, shell fish and crustaceans in the tidewaters of Georgia. He shall hold his office so long as his services are satisfactory to the Director of Wild Life. Duties and salary. (b) The Director of the Division of Wild Life and the Commissioner of the Department of Natural Resources shall, in the enforcement and operation of all laws relating to commercial coastal fisheries in the tidewaters of this State, pay out and expend in the development and protection of tidewater fishing, in addition to any other funds that may be available, all fees, licenses, and special taxes of every kind derived by the State from coastal fisheries operations, and all funds so designated are hereby specifically allocated and appropriated to said department for said purposes. Fisheries. (c) All funds and fees received from licenses of all kinds are hereby allocated and appropriated to said department and to the subdivisions of said department known as the Division of Wild Life, and all said funds shall be expended for the sole and exclusive purpose of the protection and propagation of the wild life of this State, including fish, as now provided by law, and said license fees and receipts shall be used for no other purpose by said department. Fees and funds allocated. (d) The Commissioner of Natural Resources, the Director of Wild Life and the Inspector of Coastal Fisheries are hereby authorized and required under the terms of this Act to cooperate fully with the Bureau of Fisheries of the Federal Government, and with any other Federal Agency interested in the preservation and propagation of fish, shell fish and wild life in the promulgation of the fishing industry in this State, and for such purpose they are authorized to cooperate with the Federal Government and all agencies thereof in all matters of mutual concern pertaining to the matter of developing the fishing industry in this State, including the adoption of all necessary rules, regulations and

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methods of administration as may be found by the Federal Government to be necessary for the efficient operation of the Division of Wild Life as herein created and established. Cooperation with Federal Bureau. 3. Division of Mines, Mining, and Geology. A Division of Mines, Mining, and Geology is hereby created, which shall be under the immediate direction of a Director of Mines, Mining, and Geology, who shall be a graduate in Geology of a recognized college or university giving a full geology course, and shall have had at least four (4) years of practical experience in geological work. He may appoint, with the approval of the Commissioner technical assistants who shall have had the same educational qualifications as those required of the director, and the functions, duties, and powers of the Geological Division of the Department of Forestry and Geological Development are hereby transferred to and vested in the Director of Mines, Mining and Geology and the Commissioner of Natural Resources. Such functions, duties, and powers are defined by the law of 1894, page 111, Section 1964, of the Code of 1910, and Section 22, page 13 of the Reorganization Act approved August 28, 1931. It shall be the duty of the Division of Mines, Mining, and Geology to conduct cooperative work with the Departments and Bureaus of the United States Government in the activities and investigations for which such division is created, provided that the expenditure for such purpose shall at least equal that of the State. Said division shall conduct studies in the field, map and prepare reports of the geological and mineral resources of the State, prepare, or cooperate in preparing, topography maps for use as base maps in the geological field study and in mining development, for use in planning power developments, agriculture and reclamation work and highways, make hydrographic surveys deemed by the division to be advantageous, to the mining and milling of mineral deposits, water-power utilization, reclamation, or as proper cooperative investigations with other Departments of the State or Federal Governments

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to aid the laboratory researches upon mining, metallurgical problems of the State's mining and mineral industry and publish bulletins embodying reports provided by the division. Mines and Geology Division. 4. Division of State Parks, Historic Sites, and Monuments. There is hereby created and established the division of State Parks, Historic Sites, and Monuments, as a separate Division, operating under the Department of Natural Resources. The director shall be selected with special reference to his executive ability and experience and special training and skill in park and recreational matters. While special educational training may not be required, he shall have had at least three years' experience in recreational development work. The director shall devote his full time to the duties of his office and shall be responsible to the Commissioner for the execution of his duties and policies. The director, with the approval of the Commissioner, may employ such other qualified assistants and employees as may be deemed necessary to carry out the provisions of this Act. State Parks, etc. As used in this Act, the terms park or recreational area shall signify and embrace any land which, by reason of natural features, scenic beauty, with or without historical, arch[aelig]ological, or scientific buildings or other objects thereon, possesses distinctive, innate or potential physical, intellectual, creative, social, or other recreational or educational value or interest. The term land shall signify and embrace upland, land under water, the water of any lake, pond or stream of water, any and all incorporeal hereditaments, and all rights, estates, interests, privileges, easements, encumbrances and franchises, legal and equitable, in land or water, including terms for years, and by way of judgment, mortgage or otherwise, and all claims for damages thereto. Definitions.

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All parks and recreational areas heretofore or hereafter acquired by the State shall constitute the State park system, and shall be under the immediate control and management of this division. In addition to the other powers herein granted, the division is empowered and directed: (a) In cooperation with other State and local agencies, and any agency of the United States Government, to study and ascertain the State's present park, parkway, and recreational resources and facilities, the need for such resources and facilities, and the extent to which such needs are being currently met, and including a survey to determine the land suitable and desirable to be acquired by the State as a part of the State park system, due consideration being given to the scenic, recreational, historical, arch[aelig]logical and other special features. The results of such study and survey shall be reported to the Governor and the next succeeding session of the General Assembly and to be accompanied by such recommendations as the division and the Commissioner shall deem advisable. Reports to Governor. (b) To acquire in the name of the State, by purchase, lease, agreement, or condemnation, such land within the State as it may deem necessary or proper to the extension of the State park system. The right of eminent domain shall be exercised in accordance with the provisions of law now or hereafter existing for the condemnation of property for public purposes; Provided, no land or other property shall be taken or contracted to be taken unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for said purpose. Eminent domain. (c) To accept in its discretion, with concurrence of the Commissioner, in fee or otherwise, land entrusted, donated, or devised to the State by the United States Government, political subdivision of the State, or by any person, firm, association, or corporation to become a part of the State park system, and with like discretion to accept gifts, bequests

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or contributions of money or other property to be used in extending, improving or maintaining the State park system. Acceptance of Gifts, etc. (d) To make expenditures with the approval of the Commissioner of Natural Resources from available funds for the care, supervision, improvement and development of the State park system. Expenditures. (e) To cooperate with other State agencies, counties, municipalities and other political subdivisions of the State, other States and the United States Government in matters relating to the acquiring, planning, establishing, developing, improving or maintaining any park, parkway or recreational area. Cooperation. (f) To contract and make cooperative agreements with the United States Government, political subdivisions of the State, corporation, associations or individuals, with proper bond where deemed advisable, to protect, restore, preserve, mark, maintain or operate any historic, arch[aelig]ologic or scientific site, ground, reservations, structure, building, object or other property for public use; Provided, that no contract or cooperative agreement shall be made or entered into unless or until the General Assembly has appropriated money therefor or funds have otherwise become available for said purposes. Contracts. (g) To construct and operate suitable public service privileges and conveniences in any park or other property under its control, and for the use of same may make reasonable charges; and in its discretion may grant concessions to any responsible person, firm, association or corporation for such periods, in no event longer than five years, and upon such conditions as it may deem advisable. All moneys received from the operation of the State park system shall be paid into the State Treasury, and shall be set up as a rotary fund for maintenance and acquisition of lands. Such

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expenditures shall be subject to the same approvals as pertain to regularly appropriated funds. Public service. (h) To provide and maintain adequate recreational facilities and to initiate, conduct and supervise suitable programs and activities in connection therewith. Recreation. (i) To appoint at the discretion of the Commissioner, local and regional councils to consider, study, and advise in the work of the division for the extension, development, use and maintenance of any area or property for which appointed. Regional Councils. The Commissioner of Natural Resources and the State Director of Parks shall be ex-officio members of all councils so appointed. (j) To establish and from time to time alter rules and regulations governing the use, occupancy and protection of the land and property under its control and to preserve the peace therein. The Commissioner is hereby empowered to confer on the State Director of Parks and such other employees as he may designate the full authority of peace officers for all land and property under its control. Rules and regulations. (k) To plan and conduct a program of information and publicity as to the scenic, recreational, historical, arch[aelig]ological and scientific points and places within the State designed to attract tourists and visitors from outside the State to this State. Information. (l) To cooperate with the State Highway Department in the establishment and maintenance of roadside parks and development for the convenience and enjoyment of the traveling public. Cooperation for parks. A State Park Fund is hereby created. All moneys received by the Commissioner or division by gift, bequest, or contribution shall be deposited in the State Treasury to the credit of said fund and are hereby appropriated to be

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expended in carrying out the terms of any such gifts, bequest, or contribution, and in the absence of any such terms to be applicable to any of the purposes of this Act. All disbursements from said fund shall be made upon proper voucher of the Commissioner, drawn on the State Treasurer, approved by the Governor. Any unobligated moneys remaining in said fund at the end of any fiscal year shall not revert to the general fund but shall constitute a continuing fund to be available to the Commissioner until expended. State Park Fund created. The State Highway Department is hereby authorized and directed to expend state highway funds in the construction, reconstruction, improvement, repair and maintenance of roads within the boundaries of any land embraced within the State park system, and to relocate, construct, reconstruct, improve, repair and maintain roads leading from a State highway to any land or other property embraced within the State park system. Such roads are to be relocated, constructed, improved, repaired, and maintained in such manner as may be agreed upon between the Commissioner and the State Highway Department. Highway Department expenditures. Any county, and any one or more cities or towns may expend from any funds available to aid in the purchase of any land or other property within the county to become the property of the State to be improved and cared for as a part of the State park system; Provided, the Commissioner shall have first agreed in writing to the acceptance of the same. Any county, and any one or more cities or towns may contribute money to the Commissioner from any funds available to be expended in the improvement and maintenance of any State-owned park or other property within the county which is now or hereafter may become a part of the State park system. County and municipal funds. Section 10. The directors shall appoint, subject to the approval of the Commissioner, such experts and assistants

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as may be found necessary to enable them to carry out successfully the work of the divisions. Experts and assistants. Section 11. The Commissioner shall have power and authority to define and determine the rights, powers, privileges, jurisdiction, and scope of authority of each subdivision of the Department of Natural Resources, in conjunction with the Governor, and he is hereby given the right and power to summarily adjudicate the distribution or division of said departmental powers, authority and jurisdiction, except as otherwise provided by this Act and other valid statutes of this State. Powers. Section 12. The Commissioner is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and other sources as may assist in carrying out the objects of this department. He is directed to cooperate and coordinate the work of the Department of Natural Resources with each department of the Federal government dealing with the subject matters dealt with in said department. He is authorized to cooperate with the counties of the State in any surveys, to ascertain the natural resources of the county and with the governing bodies of cities and towns, with boards of trade, and other local, civic organizations, in examining and locating water supplies and advising and recommending plans for other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the Commissioner may direct. Federal Aid and cooperation. Section 13. Upon the organization of the Department of Natural Resources and the appointment and qualification of the Commissioner and the Directors, all of the property of the State in the hands of said abolished departments shall be transferred to this department, and all valid contracts made in behalf of said abolished departments and still outstanding and not executed, shall be binding upon this department and all the functions prescribed by law for

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the abolished departments shall be performed by this department. Property transfer. Section 14. All appropriations heretofore made for the use of said abolished departments and which may be made at this meeting of the General Assembly shall be, and they are hereby, transferred to the account for the use of the Department of Natural Resources, to be used by the Commissioner in handling the affairs of the Department of Natural Resources; Provided, that no appropriation made to any division of said department shall be used by any other division of said department, the intent of this Act being that such funds as the General Assembly might desire and direct to be used by one division, shall, in no event, be used by any other division of this department. Appropriations transfer. Section 15. This Act shall become effective immediately upon its passage by the General Assembly and approval by the Governor. Effective date. Section 16. Be it further enacted that if any section, clause, provision or portion of this Act shall be held invalid, or unconstitutional by any court of competent jurisdiction, such holding shall not affect or invalidate any other section, clause, provision or portion of this Act. Constitutionality. Section 17. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 5, 1937. BOARD OF PHOTOGRAPHIC EXAMINERS. No. 334. An Act to establish a State Board of Photographic Examiners, providing for the appointment of members thereof, defining the jurisdiction, powers, duties and compensation

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of said Board; to provide the manner of licensing photographers; to prescribe certain fees required of applicants and for renewal of licenses to provide for the issuance of licenses to practice photography and for the revocation or suspension of such licenses upon certain conditions; to provide for the enforcement of the provisions of this Act and prescribing certain penalties for the violation of the same; defining certain terms as used herein; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. Section 1. Words used in this Act, unless otherwise expressly stated, shall have the following meaning: Words defined. BoardThe Board of Photographic Examiners. PersonAny individual person, firm, corporation or association. Photography(a) The art or process of reproduction, recording the visible and invisible image through the action of light upon chemically sensitized substance or material. (b) The processes of projecting and registering images by means of lens and camera upon sensitized materials, development and fixation of the latent image to render same visible and permanent and the subsequent reproduction or transfer of such image, either negative or positive, upon sensitized material and by aid of light and chemical action. Photo finishingThe process of reproducing or transferring any image made by means of camera and lens, either negative or positive upon sensitized material by aid of light and chemical action.

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The practice of photographyThe profession, occupation, or avocation of taking or producing photographs or any part thereof for hire. PhotographerAny individual, firm, person or corporation who shall practice photography. ApprenticeAny individual or person who shall study, train or work under the guidance of a duly registered photographer for the purpose of acquiring the necessary knowledge to practice photography. LicenseeA licensed photographer or apprentice. That for the purposes of this Act the term Itinerant nonresident photographer is defined to be any person, firm or corporation, engaged in the business of going into and about the city or county soliciting orders through the sale of coupons, or otherwise, for portrait photographic work, enlargements or portraits, and tinted portraits whether in water colors or in oils, and not having within this State a permanently established and bona fide place of business of at least one year standing before applying for the license permit to do business. On and after June 30, 1937, all forms of coupon and/or certificate selling or soliciting by agents or employees for photographs or any photographic products is hereby prohibited. (c) That for the purposes of this Act the term itinerant nonresident photographer is defined to be any person, firm or corporation, engaged in the business of going into and about the city or county soliciting orders through the sale of coupons, or otherwise, for portrait photographic work, enlargements or portraits, and tinted portraits, whether in water colors or in oils, and not having within this State a permanently established and bona fide place of business of at least one year standing before applying for the license permit to do business.

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ARTICLE II. Section 1. A State Board of Photographic Examiners is hereby created, which shall consist of five members, all of whom shall be residents of the State of Georgia and shall have not less than five years' experience as professional photographers, who shall be appointed by the Governor and hold office as follows: Two for one year; two for two years and one for three years, or until their successors are appointed and commissioned by the Governor. Their successor shall be appointed by the Governor for terms of three years. Board created. Section 2. The members of the State Board of Photographic Examiners shall annually elect one of their members to act as chairman. The Joint Secretary, State Examining Boards, shall act as Secretary to this Board. He shall keep an accurate record of all the proceedings of the Board and shall collect and disburse the fees, provided for in this Act, upon approval by the President of the Board. Section 3. The said Secretary shall also act as Treasurer and shall perform the duties prescribed by this Act and such other duties as the Board may from time to time direct. Section 4. The members of the Board shall receive the sum of $7 and actual and necessary expenses for each day actually devoted to the performance of their duties under this Act, to be paid only upon itemized vouchers approved by the Chairman of the Board from funds collected under this Act as hereinafter provided. Section 5. The principal office of the Board shall be at such place designated by a majority of the members of the Board. Section 6. Three members of the Board shall constitute a quorum.

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ARTICLE III. Section 1. The Board of Photographic Examiners shall within 30 days after its appointment, meet in the City of Atlanta, and organize and shall elect a chairman and appoint a secretary-treasurer. The Secretary-Treasurer shall give a surety bond in the sum of $5,000.00, approved by the Board and payable to the Governor, and his successor in office, for the faithful performance of his duties. The Board shall have a common seal and shall formulate rules to govern its actions, and it may take testimony and proof concerning all matters within its jurisdiction. Organization Bond. Section 2. The said Board shall keep a record of its proceedings relating to issuance, refusal, renewal, suspension and revocation of certificates of registration. This record shall also contain the name, place of business and residence of every registered photographer and apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times. Records. Section 3. The Board may adopt and enforce all rules and orders necessary to carry out the provisions of this Act. Every rule or order of the Board shall be available for public inspection in the office of the Board. Rules and orders. Section 4. The Board is authorized to conduct hearings in any part of the State or may designate any member of the Board so to do, which hearing shall be held pursuant to the rules and regulations adopted and promulgated by the Board. Hearings. Section 5. Said Board shall have the power to appoint any technical, legal or other assistants as may be necessary to carry out the provisions of this Act and to prescribe their powers and duties and fix their compensation and who shall serve at the pleasure of the Board. Assistants.

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ARTICLE IV. Section 1. The Board shall provide for the examination of applicants who desire to practice photography in this State, and shall collect fees, as hereinafter provided, for such examinations and issue certificates of registration and licenses to practice photography to anyone who shall qualify as to competency, ability and integrity. The Board may issue temporary certificates to practice photography until such time as the Board shall hold an examination, provided such applicants are, in the opinion of the Board, entitled thereto, and provided that application and deposit for examination is made at the time of application for such temporary license, and such certificate shall be null and void after the next examination held by the Board, and provided further, that no such applicant shall, thereafter, be eligible to apply for or receive a temporary license. Examination of applicants. Section 2. Prior to any applicant being admitted to an examination or licensed, said Board shall have the power to require proof as to the technical qualifications, business record and moral character of such applicant, and if an applicant shall fail to satisfy the Board in any or all of these respects, the Board may decline to admit said applicant to examination, or to issue license. Proof of qualifications. Section 3. The Board shall provide a place and give a written, or an oral or a practical examination at least twice a year to all duly qualified applicants covering the two branches of photography, to-wit: Photography and photo-finishing. Separate certificates shall be provided for each branch. A certificate for one branch shall not permit the practicing in the other branch, although any photographer may hold certificates in both branches if qualified under this Act. All applicants may take the examinations in either or both branches and the examination fee as herein set forth shall cover both branches if taken at the same time. Examinations. Certificates.

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Section 4. Every person desiring to commence the practice of photography in this State shall file an application for a license with the Board on a form prescribed by it, accompanied with a photograph of self, head size not less than two and one-half inches. At the time of making such application the applicant shall deposit with the Board an examination fee of fifteen ($15.00) dollars; Provided, that the examination fees for persons engaged exclusively in the development, finishing, and/or enlarging of pictures shall be in the sum of seven and one-half ($7.50) dollars. All applicants must appear for examination at the time and place designated by the Board and shall present such references and credentials as the Board may require, and shall give satisfactory evidence as to their competency and fitness to conduct the practice of photography based on their technical knowledge, their business record and their character. Licenses. Section 5. No fee for examination shall in any case be refunded but in case the applicant fails in the first examination he may take three subsequent examinations in the branches in which he failed and the fee for each subsequent examination shall be ten ($10.00) dollars. Fees. Section 6. Every applicant successfully passing such examination shall be registered in the records of the Board as a qualified photographer in the branches in which he has been successful, and shall receive a license signed by the Chairman and Secretary of said Board authorizing the applicant to practice photography in the branch or branches in which he has been successful in this State. Registry. Section 7. Every person desiring to commence the study of photography in this State for the purpose of practicing photography shall file a certificate signed by a duly licensed photographer, that the said person has begun to study photography with the said licensed photographer and that said student or apprentice commenced his studies or work prior

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to the date of the certificate, and such other information as the Board may require. Certificate. Section 8. No license shall be transferable nor shall it be issued to any person, firm or corporation, designed to operate under an assumed or fictitious name. Non-transfer. Section 9. The Board shall, upon application, issue a license to every photographer who has been continuously engaged in the practice of photography and/or photo-finishing in this State for one year next preceding the passage of this Act, without examination. All applications for license under this section shall be accompanied by a fee of five ($5.00) dollars, in addition to the annual license fee hereinafter prescribed, and such application must be made within 30 days after notification from the Board. Licenses. Section 10. All licensees who are employees of an established place in the State of Georgia, for the practice of photography or photo-finishing, shall pay an annual license fee of three ($3.00) dollars. Fees. 10 (a) Provided the expenses of said Board shall not exceed the fees collected under this Act. Expenses. 10 (b) All photographers shall submit a certificate from the Board of Health showing a negative Wasserman test when making application for license. Health certificate. Section 11. No person, firm or corporation shall sell, offer for sale, or solicit orders for any product of photography unless duly registered under the terms of this Act, or employed by a person, firm or corporation duly registered under the terms of this Act. Sales prohibited. Section 12. Every recipient of license to practice photography or photo-finishing shall keep such license conspicuously displayed on his business premises. Display of license. Section 13. All annual license fees prescribed by this Act shall be paid to the Board on or before the first day

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of July of each year. The Board shall issue its receipt for every payment. The annual establishment fee of five ($5.00) dollars shall entitle the licensee, if otherwise qualified to practice photography and photo-finishing. The annual employees' fee of three ($3.00) dollars shall entitle the licensee, if otherwise qualified to practice photography and photo-finishing, but only for and on behalf of a duly registered photographer or photo-finisher. License fees. Section 14. Should any licensee fail or neglect to pay his annual license on or before the first day of July of every year, the Board shall notify him that his license will be revoked and unless said fee is paid in full on or before the first day of August of the same year, the Board shall revoke said license. Revocation of license. (a) Any photographer or photo-finisher whose license has been revoked for failure to pay the annual license fee may make application to the Board for reinstatement. Such application shall be accompanied by a fee of five ($5.00) dollars, in addition to the regular license fee required. If the Board shall find the applicant to be guilty of a violation of this Act other than default in payment of annual license fees he may be immediately reinstated. Reinstatement. (b) The Board shall have the power to revoke any license granted by it to any photographer or photo-finisher or apprentice found by the Board to be guilty of fraud or unethical practices of willful misrepresentation, or found guilty under the laws of the State of Georgia of any crime involving moral turpitude. Fraud. (c) Before any license is revoked, except for failure to pay the annual license fee, the holder thereof shall be given notice, in writing, either personally or by mailing to his last known address, setting forth the charges against him and the time and place for a hearing to be had on such charges, which such charges must be filed in writing under oath with said Board, and the said hearing shall be not less than 10

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days from the time of service of the said notice. The person shall be given a public hearing at which he may be represented by counsel and he shall have an opportunity to enter a defense and produce witnesses on his behalf. The Board on such hearing shall provide a competent stenographer for the purpose of taking a complete record of such hearing, which record shall be filed with the Board. Notice of revocation. (d) If at such hearing of the accused the Board shall be satisfied that the accused has been guilty of the offense charged it shall thereupon, without further notice, revoke the license of the person so accused; Provided, that accused shall not be barred the right of appeal to the Superior Courts. Appeal. ARTICLE V. Section 1. Any person violating any of the provisions of this Act or engaging in any of the activities or practices herein defined without being duly licensed as herein provided, shall be guilty of misdemeanor, and upon conviction shall be fined the sum of not less than fifty ($50.00) dollars, nor more than two hundred ($200.00) dollars for the first offense, and shall be imprisoned not more than 30 days, or fined not exceeding two hundred ($200.00) dollars for any subsequent offense. Any person violating any of the provisions of this Act, or engaged in any of the activities or practices herein defined without being duly licensed as herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by Section 27-2506 of the Code of Georgia of 1933. Penalty for violation. ARTICLE VI. Section 1. All nonresident photographers or photo-finishers, desiring to do business in this State shall apply to the Board for examination at least 30 days prior to the next examination and obtain license before entering into said business, and no person, firm, or corporation shall represent

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or in any way solicit or accept business for such non-resident photographers or photo-finishers, unless and until they have complied with the provisions of this Act. Application for license. ARTICLE VII. Section 1. The Secretary-Treasurer shall keep a record of the proceedings of the said Board and shall receive and account for all moneys derived from the operation of this article. Record and account. Section 2. All expenses of administering this Act shall be paid upon order of the Board from the funds derived from the examination, license fees and penalties herein prescribed, and, in no event, shall such expenses exceed the income from said sources. Expenses. ARTICLE VIII. Section 1. Nothing in this Act shall be construed to apply to: (a) Any person in the employ of any newspaper or periodical publication, provided the negatives of photographs taken in such connection are not sold or offered for sale or otherwise disposed of in this State for profit. Exemptions. (b) Any person who makes negatives or photographs for experimental purposes for his own personal use or pleasure, if such negatives or photographs are not sold or offered for sale in this State. (c) Any person who is in the employ of the United States, the State of Georgia, or any of its political subdivisions, or of any school, college, university or State institution, who makes negatives or any reproduction thereof solely for public use or for the use of such school, college, university or State institution or for educational or scientific purposes, provided, such negatives or photographs are not sold or offered for sale in this State.

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(d) Any duly licensed practitioner of medicine and allied professions, hospitals or institutions who make negatives or photographs for clinical, surgical or medical purposes. (e) Any motion picture photographer in the making of motion pictures. ARTICLE IX. Section 1. Every section of this Act and every sentence, clause and phrase thereof is declared to be individually operative; and if any section, sentence, clause or phrase shall be adjudged invalid by any court of competent final jurisdiction it shall not affect or invalidate any other section, sentence, clause or phrase thereof. Invalidity. ARTICLE X. Section 1. This Act shall not apply to those photographers whose product is retailed at a unit price not exceeding 10 cents per picture, where the picture is taken, developed, and delivered on a public street or highway. Non-application. ARTICLE XI. Section 1. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1937. PLANNING BOARD. No. 106. An Act to establish a State Planning Board; to provide for the appointment of a Chairman and members of the Board; to define its functions and duties; to provide for the payment of a portion of its expenses by the Highway Department; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Be it enacted that a State Planning Board is hereby created. The Board shall consist of seven members, one of whom shall be designated by the Governor as Chairman. Three members of the State Planning Board shall be the Chairman of the State Highway Board, or a member of such Board designated by him; the Commissioner of Health, and either the head of the State Department of Conservation or the head of the State Department of Education, in the discretion of the Governor; together with four citizen members appointed by the Governor for terms of five years each, except that the first civilian members shall be appointed one to serve for five years, one for four years, one for three years and one for two years, the terms of their respective successors being five years each. The Governor shall by appointment fill vacancies for unexpired terms. Members of the Board shall not be paid, but may receive compensation for reasonable expenses incurred in the performance of their duties. Four members of the Board shall constitute a quorum. The Board shall maintain an office and keep permanent and complete records of its proceedings, meetings, hearings, orders and decisions. The Board is hereby authorized and empowered to employ such persons, technical, clerical or otherwise, as may be necessary expenses within the limits of any fund provided therefor. The Board is hereby authorized and empowered to accept emergency fund grants from the Federal Government or from the State Government, or by gifts from individuals. The responsible executive or executive board or designated representative of each State department shall constitute an advisory board, and shall be called to meet with the State Planning Board not less than four times annually. Board created. Appointment and terms of office. Section 2. It shall be the duty of the State Planning Board: (a) To make surveys, prepare maps and publish information on land use and classification with a view to the

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determination among other things of areas suitable for field crops, reforestation, recreation, watershed protection, and industrial and urban expansion; ppulation distribution and decentralization; schools and other educational institutions; parkways, highways in their relation to all development, rural and urban; water supply, drainage and sewerage; buildings and housing conditions; real property inventories; control of land subdivision; tax maps; long range financial programs; and other subjects affecting the health and welfare of the people of the State, as the Commission may determine. Duties. (b) To make a broad study of matters relating to the physical, social and economic development of the resources in Georgia, in so far as they may be properly directed or influenced by a State agency. To prepare and perfect plans for the physical development of the State and to advise and coordinate with the various departments and agencies for: Highways; airways and air terminals; parkways, parks and other recreation areas; forest reservations; water supply reservations; and other uses that are related to plans for an ordered and comprehensive development of the State. To develop long-term policies in relation to agriculture, land and water utilization, flood control, conservation and other regulations for land settlement, tree cutting, watershed protection, and the preservation of the beauty of the countryside. And to submit such plans and reports to the Governor and Legislature with recommendations. Section 3. Be it further enacted, That it shall be the duty of the State Planning Board to encourage the planning of counties, cities and towns, and by groups of counties, cities and towns; to extend and correlate State planning by agencies of the State government; and to participate in interstate and national planning efforts, both with a view to the benefits to be derived by the larger region or nation, and by the State.

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Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 8, 1937. PROFESSIONAL ENGINEERING REGISTRATION BOARD. No. 518. An Act to regulate the practice of all branches of professional engineering, including that branch of engineering commonly known as surveying; creating a State Board of Registration for professional engineers and surveyors; defining its powers and duties; also imposing certain duties upon the State and political subdivisions thereof in connection with public work; and providing penalties. Be it enacted by the General Assembly of the State of Georgia: Section 1. That in order to further safeguard life, health and property, any person practicing or offering to practice the professions of engineering or of surveying, shall hereafter be required to submit evidence that he is qualified so to practice and shall be registered as hereinafter provided; and it shall be unlawful for any person to practice or to offer to practice the professions of engineering or of surveying, in this State, or to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a professional engineer or a surveyor, unless such person has been duly registered or exempted under the provisions of this Act. Evidence of qualifications. Unlawful acts. Section 2. The term professional engineer as used in this Act shall mean a person, who by reason of his knowledge of mathematics, the physical sciences, and the principles

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of engineering, acquired by professional education and practical experience, is qualified to engage in engineering practice as hereinafter defined. Definitions. The practice of professional engineering within the meaning and intent of this Act includes any professional service, such as consultation, investigation, evaluation, planning, design, or responsible supervision of construction or operation, in connection with any public or privately owned public utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare, or the safeguarding of life, public health or property is concerned or involved, when such professional service requires the application of engineering principles and data. How inclusive. The term surveyor as used in this Act shall mean a person who engages in the practice of that branch of engineering commonly known as surveying and as hereinafter defined. The practice of surveying, within the meaning and intent of this Act, shall be held to mean that branch of engineering and applied mathematics which teaches the art of surveying and measuring the area of any portion of the earth's surface, the lengths and directions of the bounding lines, the contour of the surface, for their correct determination and description and for conveying, or for recording, or for the establishment or reestablishment of land boundaries and the plotting of lands and subdivisions thereof; and like measurements and operations involved in the surveying of mines, and commonly known as mine surveying. The term Board as used in this Act shall mean the State Board of Registration for professional engineers and surveyors, provided for by this Act. Section 3. A State Board of Registration for professional engineers and surveyors is hereby created whose duty it shall be to administer the provisions of this Act.

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The Board shall consist of four professional engineers and one surveyor. All members shall be appointed by the Governor of the State, from those who shall have the qualifications required by Section 4. The members of the first Board shall be appointed within 30 days after this Act becomes effective, to serve for the following terms: One member for one year, one member for two years, one member for three years, one member for four years, and one member for five years, from the date of their appointment, or until their successors are duly appointed and qualified. Every member of the Board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty. Each member of the Board first appointed hereunder shall receive a certificate of registration under this Act from said Board. On the expiration of the term of any member, the Governor shall, as hereinbefore provided, appoint for a term of five years a registered professional engineer or surveyor having the qualifications required by Section 4, to take the place of the member whose term on said Board is about to expire. Each member shall hold office until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified. No two members of said Board shall be from the same branch of the profession of engineering. Board created. Section 4. Each member of the Board shall be a citizen of the United States and a resident of this State, and shall have been engaged in the practice of the profession of engineering for at least 12 years, and shall have been in responsible charge of important engineering work for at least five years. Responsible charge of engineering teaching shall be construed as responsible charge of important engineering work. Eligibility.

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Section 5. Each member of the Board shall receive the sum of ten $(10.00) dollars per diem when actually attending to the work of the Board or of any of its committees and for the time spent in necessary travel; and in addition thereto, shall be reimbursed for all actual traveling, hotel and other expenses necessarily incurred in carrying out the provisions of this Act. Pay. Section 6. The Governor may remove any member of the Board for misconduct, incompetency, neglect of duty, or for any other sufficient and just cause. Vacancies in the membership of the Board shall be filled for the unexpired term by appointment by the Governor as provided in Section 3. Removal and vacancy in office. Section 7. The Board shall hold a meeting within 30 days after its members are first appointed, and thereafter shall hold at least one regular meeting each year. Special meetings shall be held at such time as the by-laws of the Board may provide. The Board shall elect or appoint annually from their members, the following officers: A chairman, a vice-chairman. A quorum of the Board shall consist of not less than three members. Meetings. The secretary of the Board shall keep a true and complete record of all proceedings of the Board, and may employ such clerical assistance as the Board may deem necessary. Records. Section 8. The Board shall adopt all necessary rules, regulations and by-laws, not inconsistent with this Act and the Constitution and laws of this State or of the United States, to govern its times and places of meetings for organization and reorganization, for the holding of examinations, for fixing the length of terms of its officers, and for governing all other matters requisite to the exercise of its powers, the performance of its duties, and the transaction of its business under the provisions of this Act. The

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Board shall adopt and have an official seal, which shall be affixed to all certificates granted. Rules and regulations. In carrying into effect the provisions of this Act, the Board may, under the hand of its chairman and the seal of the Board, subp[oelig]na witnesses and compel their attendance, and also may require the production of books, papers, documents, etc., in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. If any person shall refuse to obey any subp[oelig]na so issued, or shall refuse to testify or to produce any books, papers, or documents, the Board may present its petition to any court of competent jurisdiction, setting forth the facts, and thereupon such court shall, in a proper case, issue its subp[oelig]na to such person, requiring his attendance before such court and there to testify or to produce such books, papers, and documents, as may be deemed necessary and pertinent by the Board. Any person failing or refusing to obey the subp[oelig]na or order of the said court may be proceeded against in the same manner as for refusal to obey any other subp[oelig]na or order of the court. Evidence compulsory. Section 9. The secretary of the Board shall receive and account for all moneys derived under the provisions of this Act, and shall pay the same monthly to the State Treasurer, who shall keep such moneys in a separate fund to be known as the professional engineers' fund. Such fund shall be kept separate and apart from all other moneys in the Treasury, and shall be paid out only by warrant of the State Auditor upon the State Treasurer, upon itemized vouchers approved by the chairman and attested by the secretary of the Board. All moneys in the professional engineers' fund are hereby specifically appropriated for the use of the Board. The secretary of the Board shall give a surety bond to this State in such sum as the Board may determine. The premium on said bond shall be regarded

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as a proper and necessary expense of the Board and shall be paid out of the professional engineers' fund. The secretary of the Board shall receive such salary as the Board shall determine. The Board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures of this fund for any purpose which, in the opinion of the Board, is reasonably necessary for the proper performance of its duties under this Act. Under no circumstances shall the total amount of warrants issued by the State Auditor in payment of the expenses and compensation provided for in this Act exceed the amount of the examination, registration and renewal fees collected as herein provided. Said fund shall be continued from year to year and, except as hereinafter provided, shall be drawn against only for the purposes of this Act. Whenever, after January 1, 1935, the net unencumbered balance in this fund on November 10, of any one year, exceeds the sum of $3,000.00, this excess amount shall be transferred to the General Revenue Fund. Account for moneys by secretary. Bond. Expenditures. Section 10. The Board shall keep record of its proceedings and a register of all applications for registration, which register shall show: (a) the name, age, and residence of each applicant; (b) the date of the application; (c) the place of business of such applicant; (d) his education, experience, references, and other qualifications; (e) whether or not an examination was required; (f) whether the applicant was rejected; (g) whether a certificate of registration was granted; (h) the date of the action of the Board; and (i) such other information as may be deemed necessary by the Board. Record and registry. The records of the Board shall be prima facie evidence of the proceedings of the Board set forth therein, and a transcript thereof, duly certified by the secretary of the Board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Evidence.

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Annually, as of January 1, the Board shall submit to the Governor a report of its transactions of the preceding year, and shall also transmit to him a complete statement of the receipts and expenditures of the Board, attested by affidavits of its chairman, a copy of which shall be field with the Secretary of State. Reports. Section 11. A roster showing the names and places of business of all registered professional engineers and all registered surveyors shall be prepared by the secretary of the Board during the month of January of each year, commencing one year from the date this law becomes effective. Copies of this roster shall be mailed to each person so registered, and placed on file with the Secretary of State. Copies of this report to be made available to any person upon request. Roster. Section 12. At any time within 18 months after this Act becomes effective, upon due application therefor and the payment of the registration fee of fifteen ($15.00) dollars for professional engineers, or ten ($10.00) dollars for surveyors, the Board shall issue a certificate of registration, without oral or written examination, to any professional engineer or surveyor, who shall submit evidence under oath, satisfactory to the Board, that he is of good character, has been a resident of the State of Georgia for at least one year immediately preceding the date of his application and is and has been practicing professional engineering or surveying, at the time this Act became effective or has had previous practice and responsible charge of work of a character satisfactory to the Board. Registration fees. After this Act shall have been in effect 18 months, the Board shall issue certificates of registration only as provided for in Section 13 or Section 21 thereof. Section 13. The following shall be considered as minimum evidence satisfactory to the Board that the applicant

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is qualified for registration as a professional engineer, or surveyor, respectively, to-wit: Minimum evidence to qualify. (1) As a professional engineer: a. Graduation from an approved course in engineering of four years or more in a school or college approved by the Board as of satisfactory standing; and a specific record of an additional four years or more of active practice in engineering work of a character satisfactory to the Board, and indicating that the applicant is competent to be placed in responsible charge of such work; or Engineer. b. Successfully passing a written or written and oral examination in engineering prescribed by the Board, and designed to show knowledge and skill approximating that attained through graduation from an approved four-year engineering course; and a specific record of eight years or more of active practice in engineering work of a character satisfactory to the Board and indicating that the applicant is competent to be placed in responsible charge of such work. (2) As a surveyor: a. Satisfactory completion of an approved course in surveying in a school or college approved by the Board as of satisfactory standing; and an additional two years or more of active practice in surveying work of a character satisfactory to the Board and indicating that the applicant is competent to be placed in responsible charge of such work; or Surveyor. b. Successfully passing a written, or written and oral, examination in surveying prescribed by the Board, and a specific record of four years or more of active practice in surveying work of a character satisfactory to the Board and indicating that the applicant is competent to be placed in responsible charge of such work. At any time within five years after this Act becomes effective, the Board may accept as evidence, in lieu of a prescribed

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examination, that the applicant is qualified for registration as a professional engineer, a specific record of 10 years or more of active practice in engineering work of a character satisfactory to the Board and indicating that the applicant is qualified to design or to supervise construction of engineering works and has had responsible charge of important engineering work for at least four years. At any time within five years after this Act becomes effective, the Board may accept as evidence, in lieu of a prescribed examination, that the applicant is qualified for registration as a surveyor, a specific record of eight years or more of active practice in surveying work of a character satisfactory to the Board and indicating that the applicant has had responsible charge of important surveying work at least three years. After this Act shall have been in effect five years, the Board shall issue certificates of registration only to those applicants who meet the requirements of Section 13, 1 (a) or (b), or 2 (a) or (b), or Section 21. Provided, that no person shall be eligible for registration as a professional engineer, or surveyor, who is not of good character and reputation. In considering the qualifications of applicants, said applicant shall be at least 25 years of age. Responsible charge of engineering teaching may be construed as responsible charge of engineering work. The satisfactory completion of each year of an approved course in engineering in a school or college approved by the Board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of active practice. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to two years of active practice; provided, however, that no applicant shall receive credit for more than four years of active practice because of educational qualifications.

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The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active practice in engineering work; unless such work involves engineering practices, or the applicant presents evidence of additional engineering practice of a character satisfactory to the Board and indicating that the applicant is competent to be placed in responsible charge of engineering work. Qualifications. Any person having the necessary qualifications prescribed in this Act to entitle him to registration shall be eligible for such registration though he may not be practicing his profession at the time of making his application. Section 14. Applications for registration shall be on forms prescribed and furnished by the Board, shall contain statements made under oath, showing the applicant's education and detail summary of his technical work and shall contain not less than five references, of whom three or more shall be engineers having personal knowledge of his engineering experience. Application forms. The registration fee for professional engineers shall be fifteen ($15.00) dollars, five ($5.00) dollars of which shall accompany application, the remaining ten ($10.00) dollars to be paid upon the issuance of the certificate. Fees. The registration fee for surveyors shall be ten ($10.00) dollars, five ($5.00) dollars of which shall accompany application, the remaining five ($5.00) dollars to be paid upon the issuance of the certificate. Should the Board deny the issuance of a certificate of registration to any applicant, the initial fee deposited shall be retained as an application fee. Retained. Section 15. When oral or written examinations are required, they shall be held at such time and place as the Board shall determine. The scope of the examinations

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and the methods of procedure shall be prescribed by the Board with special reference to: the particular branch of engineering in which the applicant proposes to engage; and his ability to design and direct such work, that safety to life, health and property will be secured. Examinations shall be given for the purpose of determining the qualifications of applicants for registration separately in professional engineering and in surveying. A candidate failing in one examination may apply for re-examination within six months and will be re-examined at the next regularly scheduled examination without payment of additional fee. Subsequent examinations will be granted upon payment of a fee to be determined by the Board, and which shall not exceed in amount the original fee. At least two regularly scheduled examinations shall be held annually, in the months of January and July, respectively, and at such other times as determined by the Board. Examinations. Section 16. The Board shall issue a certificate of registration upon payment of registration fee as provided for in this Act, to any applicant who, in the opinion of the Board, has satisfactorily met all the requirements of this Act. In case of a registered engineer, the certificate shall authorize the practice of professional engineering, and in the case of a registered surveyor, the certificate shall authorize the practice of surveying. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the Board under seal of the Board. Certificates. The issuance of a certificate of registration by the Board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer, or of a registered surveyor, while the said certificate remains unrevoked or unexpired.

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Each registrant hereunder shall, upon registration, obtain a seal of the design authorized by the Board, bearing the registrant's name and the legend, registered professional engineer, or registered surveyor. Plans, specifications, plats, and reports issued by a registrant shall be stamped with the said seal when filed with public authorities, during the life of the registrant's certificate; but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless said certificate shall have been renewed or reissued. Each seal shall also provide space for stating the date of expiration of the certificate of registration. Section 17. Certificates of registration shall expire on the last day of the month of December following their issuance or renewal and shall become invalid on that date unless renewed. It shall be the duty of the secretary of the Board to notify every person registered under this Act, of the date of the expiration of his certificate and the amount of the fee that shall be required for its renewal for one year; such notice shall be mailed at least one month in advance of the date of the expiration of said certificate. Renewal may be effected at any time during the month of December for a period of one or two years by the payment of a fee of not more than five ($5.00) dollars for professional engineers nor more than three ($3.00) dollars for surveyors for any year, or as may be fixed by said Board. The failure on the part of any registrant to renew his certificate upon expiration in the month of December when notified as required above, shall not deprive such person of the right of renewal, but the fee to be paid for the renewal of a certificate after the month of December shall be increased 10% for each month or fraction of a month that payment of renewal is delayed: Provided, however, that the maximum fee for delayed renewal shall not exceed twice the normal renewal fee. Expiration of certificates.

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Section 18. A firm, or a co-partnership, or an association may engage in the practice of professional engineering or surveying in this State, provided only such practice is carried on under the direction of professional engineers or surveyors, respectively, who are registered in this State. Partnerships. Section 19. On or after the first day of the year next succeeding the passage of this Act, it shall be unlawful for this State, or for any of its political subdivisions, for any county, city, village, township, or school district to engage in the construction of any public work involving the practice of professional engineering or surveying, for which plans, specifications and estimates have not been made by, and the construction thereof supervised by, a licensed professional engineer, surveyor, or architect; Provided, that this section shall not apply to the construction, improvement or maintenance of county or township highways; nor to any other public work wherein the contemplated expenditure for the completed project does not exceed three thousand ($3,000.00) dollars. Unlawful work. Nothing in this Act shall be construed as excluding a qualified and registered architect from such engineering practice as may be incident to the practice of his profession; or as excluding a professional engineer registered under the provisions of this Act, from such architectural practice as may be incident to the practice of professional engineering. Architects. Section 20. The following persons shall be exempt from the provisions of this Act, to-wit: Exemptions. (a) A person not a resident of and having no established place of business in this State, practicing or offering to practice herein the profession of engineering or surveying, when such practice does not exceed in the aggregate more than 60 days in any calendar year; Provided, such person is legally qualified by registration to practice the said profession in his own State or country in which the

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requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act. (b) A person not a resident of and having no established place of business in this State, or who has recently become a resident thereof, practicing or offering to practice herein for more than 60 days in any calendar year the profession of engineering or surveying, if he shall have filed with the Board an application for a certificate of registration and shall have paid the fee required by this Act. Such exemption shall continue only for such time as the Board requires for the consideration of the application for registration; Provided, that such a person is legally qualified to practice said profession in his own State or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this Act. (c) An employee or a subordinate of a person holding a certificate of registration under this Act, or an employee of a person exempted from registration by classes (a) and (b) of this section; Provided, his practice does not include responsible charge of design or supervision. (d) Officers and employees of the Government of the United States while engaged within this State in the practice of the profession of engineering or surveying, for said government. (e) All elective officers of the political subdivision of the State while in the practice of professional engineering or surveying in the performance of their official duties. (f) An engineer engaged solely as an officer or employee of a privately owned public utility; or as an officer or employee of a corporation engaged in interstate commerce as defined in the Act of Congress entitled An Act to Regulate Commerce, approved February 4, 1887, as amended.

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(g) Nothing in this Act shall be construed as requiring registration for the purpose of practicing professional engineering, or surveying by an individual, firm or corporation on property owned or leased by said individual, firm or corporation unless the same involves the public safety or public health; or for the performance of engineering or surveying which relates solely to the design or fabrication of manufactured products. Section 21. The Board may, upon application therefor, and the payment of a fee of ten ($10.00) dollars, issue a certificate of registration as a professional engineer or surveyor to any person who holds a certificate of qualification or registration issued to him by proper authority of the National Council of State Boards of Engineering Examiners, or of the National Bureau of Engineering Registration, or of any State or territory or possession of the United States, or any country; Provided that the requirements for the registration of professional engineers or surveyors under which said certificate of qualification or registration was issued do not conflict with the provisions of this Act and are of a standard not lower than that specified in Section 13 of this Act. Certificates. Section 22. The Board shall have the power to revoke the certificate of registration of any registrant who is found guilty of: Revocation. (a) The practice of any fraud or deceit in obtaining a certificate of registration. (b) Any gross negligence, incompetency, fraudulent act or misconduct in the practice of professional engineering or surveying as a registered professional engineer or surveyor. Any person may prefer charges of fraud, deceit, gross negligence, incompetency or misconduct against any registrant. Such charges shall be in writing, and shall be sworn

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to by the person making them and shall be filed with the secretary of the Board. All charges, unless dismissed by the Board as unfounded, or trivial, shall be heard by the Board within three months after the date on which they shall have been preferred. The time and place for said hearing shall be fixed by the Board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such registrant, at least 30 days before the date fixed for the hearing. At any hearing the accused registrant shall have the right to appear personally and/or by counsel, to cross-examine witnesses appearing against him and to produce evidence and witnesses in his own defense. Hearing. If, after such hearing, three or more members of the Board vote in favor of finding the accused guilty, the Board shall revoke the certificate of registration of such registered professional engineer or surveyor. The Board, for reasons it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been revoked, providing three or more members of the Board vote in favor of such reissuance. A new certificate of registration to replace any certificate revoked, lost, destroyed or mutilated, may be issued subject to the rules of the Board, and a charge of two ($2.00) dollars shall be made for such issuance. Reissuance of certificate. Section 23. Any person who shall practice, or offer to practice, the profession of engineering or surveying in this State without being registered or exempted in accordance with the provisions of this Act, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the Board or to any member thereof in obtaining a certificate of registration,

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or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked certificate of registration, or any person who shall violate any of the provisions of this Act, shall be prosecuted before a court of competent jurisdiction and if found guilty punished as for a misdemeanor and subject to fine or imprisonment at the option of the court, such fine shall be a minimum of one hundred ($100.00) dollars and not more than five hundred ($500.00) dollars, and such imprisonment shall be for a term not exceeding three months. Punishment for violation. It shall be the duty of all duly constituted officers of the law of this State, or any political subdivision thereof, to enforce the provisions of this Act and to prosecute any persons violating same. The Attorney-General of the State, or his designated assistant, shall act as legal advisor of the Board and render such legal assistance as may be necessary in carrying out the provisions of this Act. Prosecutions. Section 24. This Act shall not be construed to affect or prevent the practice of any other legally recognized profession. Other profession not affected. Section 25. If any section or sections of this Act shall be declared unconstitutional or invalid, this shall not invalidate any other sections of this Act. Constitutionality. Section 25-A. The Joint Secretary of the State Examining Boards shall serve as secretary of the Board herein created in the same manner as provided by the terms of Chapter 84-1, Sections 84-101 and 84-102 of the Code of Georgia of 1933. Secretary. Section 26. All laws or parts of laws in conflict with the provisions of this Act shall be, and the same are hereby repealed. Approved March 31, 1937.

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PUBLIC ASSISTANCE TO AGED. No. 64. An Act to promote the public welfare by providing for public assistance to aged persons in need; to prescribe definitions of terms used herein; to define eligibility for assistance to the needy aged; to provide the amount of assistance payable; to further provide for and regulate the payment of pensions under Chapter 78-2 of the 1933 Code of Georgia; to provide for ex-Confederate soldiers and sailors and dependents under said chapter to apply for public assistance; to define the duties of the State Department of Public Welfare and the duties of the County Departments of Public Welfare in administering this Act; to provide for applications for assistance, investigation of all applications granting of assistance, and granting of funeral expenses to recipients; to exempt assistance from legal process and provide that such assistance be not assignable; to provide for appeal to the State Department from rulings of the county departments; to provide periodical reconsideration and changes in amount of assistance; to provide for recovery from a recipient of assistance improperly received; to provide for recovery from the estate of recipients; to define and provide the status of recipients moving from one county to another; to provide financial procedures for the administration of this Act; to define offenses and fraudulent acts and to fix punishment for such offenses; to provide for limitations; to prescribe the short title of this Act; the effective date, the repeal of existing laws in conflict and a separability clause, and generally, to provide for cooperation with the Government of the United States and its agencies in caring for the needy aged and to permit the State and counties to appropriate funds for the purpose of providing the benefits and assistance to be distributed under the terms of this Act.

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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, as follows: Section 1. Definitions. As used in this Act: State Department means the State Department of Public Welfare created by the Welfare Reorganization Act of 1937. Definitions. County Department means the county or district department of public welfare of each of the several counties in this State created by the Public Welfare Act of 1937. Applicant means the person who has applied for assistance under this Act. Recipient means a person who has received assistance under the terms of this Act. Assistance means money payments to aged persons in need. Supplementary Service means services other than money payments to aged persons in need including payments toward the funeral expenses of such persons as provided in this Act. Section 2. Eligibility for Assistance to the Needy Aged. Assistance shall be granted under this Act to any person who: Eligibility. (a) Is 65 years of age or older; (b) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; (c) Is not an inmate of any public institution at the time of receiving assistance. An inmate of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate;

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(d) Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this Act at any time within two years immediately prior to the filing of application for assistance pursuant to the provisions of this Act; Provided, that it shall in no event be an eligibility requirement that the applicant subscribe to a pauper's oath. (e) Has been a bona fide resident of the State for not less than one year. (f) Final conviction of a crime or criminal offense and detention of one so convicted either by this State or any subdivision thereof shall constitute a forfeiture or suspension of all rights to assistance under this Act but only during the period of actual confinement. (g) Is not receiving assistance under the Aid to the Blind Act of 1937. Section 3. Amount of Assistance. The amount of assistance which any person shall receive, shall be determined by the County Department with due regard to the resources and necessary expenditures of the individual and the condition existing in each case and in accordance with the rules and regulations made by the State Department, and shall be sufficient when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and health; Provided, however, that such amount of assistance shall in no event exceed the sum of thirty ($30.00) dollars per month to each recipient. Amount of assistance. Section 4. Duties of State Department. The State Department shall: Duties of State Department. (a) Supervise the administration of assistance to the needy aged under this Act by the County Departments;

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(b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this Act. All rules and regulations made by the State Department shall be binding on the counties and shall be complied with by the respective County Departments; (c) Establish standards for personnel employed by the State and County Departments in the administration of this Act and make necessary rules and regulations to maintain such standards; (d) Prescribe the form of and print and supply to the County Department such forms as it may deem necessary and advisable; (e) Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance; (f) Publish an annual report and such interim reports as may be necessary. Section 5. Duties of the County Departments. The County Departments shall: Duties of County Departments. (a) Administer the provisions of this Act in the respective counties subject to the rules and regulations prescribed by the State Department pursuant to the provisions of this Act; (b) Report to the State Department at such times and in such manner and form as the State Department may from time to time direct; (c) Submit to the County Commissioner or Board of Commissioners or the constituted Fiscal or Financial Agent of the county, after approval by the State Department, a

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budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this Act. Section 6. Application for Assistance. Application for assistance under this Act shall be made to the County Department of the county in which the applicant has resided for a period of one year. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the State Department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the State Department. Applications for assistance. Section 7. Application for Assistance by ex-Confederate Soldiers, Sailors and Dependents. Any person entitled to any pension under Title 78, Paragraphs 201-230 inclusive, of the Code of Georgia of 1933 (Confederate Pensions), who may also be entitled to assistance under the terms of this Act, shall be required to make application for assistance as provided in Section 6 of this Act. Any assistance actually received by any such person under the terms of this Act shall be deducted from the pension due such person under the provisions of said Chapter 78-2 of the Code of Georgia of 1933. If any such person shall fail to make such application hereunder, within thirty days from the approval of this Act, the State Department shall as soon as practicable thereafter make application on his behalf in the county wherein he resides, and such application shall thereupon be investigated and passed upon as if filed by such person himself. Nothing herein contained, however, shall ever under any circumstances be construed or allowed to cause a Confederate veteran pensioner or widow to receive less than he would, but for the passage of this Act. In the event the amount of old age assistance allotted to any

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Confederate pensioner is less than the amount he is now receiving the balance necessary to make a total equal to the amount he is now receiving monthly shall be paid out of funds appropriated for the purpose of paying Confederate pensions. Confederate soldiers, etc. Section 8. Investigation of Applications. Whenever a County Department receives an application for assistance under this Act, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the State Department. Investigation. Section 9. Granting of Assistance. Upon the completion of such investigation the County Department shall decide whether the applicant is eligible for assistance under the provisions of this Act, and determine in accordance with the rules and regulations of the State Department the amount of such assistance and the date on which such assistance shall begin. The County Department shall notify the applicant of its decision. Such assistance shall be paid monthly to the applicant upon order of the County Department from funds allocated to the County Department for this purpose. Decision. Notice. Payment. Section 10. Funeral Expenses. On the death of the recipient reasonable funeral expenses, not exceeding $75.00, may, subject to the rules and regulations of the State Department, be paid by the County Department if the estate of the deceased is insufficient to pay the same and the persons legally responsible for the support of the deceased are unable to pay the same. Funeral expense. Section 11. Assistance Not Assignable. Assistance granted under this Act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this Act shall be subject to execution, levy, attachment,

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garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. No assignment. Section 12. Appeal to the State Department. If an application is not acted upon by the County Department within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of assistance is modified or canceled under any provision of this Act, the applicant or recipient or any taxpayer who may allege himself as such to be interested, may appeal to the State Department in the manner and form prescribed by the State Department. The State Department shall, upon receipt of such an appeal, give the applicant or recipient or appellant reasonable notice and opportunity for a fair hearing. Appeals. The State Department may also, upon its own motion, review any decision of a County Department, and may consider any application upon which a decision has not been made by the County Department within a reasonable time. The State Department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this Act. Applicants or recipients affected by such decisions of the State Department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the State Department. Review. Hearing. All decisions of the State Department shall be final and shall be binding upon the county, the applicant or appellant involved and shall be complied with by the County Department. Decision final. Section 13. Periodic Reconsideration and Changes in Amount of Assistance. All assistance grants made under this Act shall be reconsidered by the County Department as frequently as may be required by the rules of the State

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Department. After such further investigation as the County Department may deem necessary or the State Department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the State or County Departments find that the recipient's circumstances have altered sufficiently to warrant such action, or if it is found that any relative or other persons are preventing the recipient from enjoying the full benefits of the assistance given, or that his circumstances do not justify old-age assistance. Reconsideration. Section 14. Recovery from a Recipient. If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application provided for in Section 6 of this Act, it shall be the duty of the recipient immediately to notify the County Department of the receipt or possession of such property or income and the County Department may after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of his need shall be recoverable by the county as a debt due to the State and the county in proportion to the amount of the assistance paid by each respectively. For the purpose of enforcing the terms and provisions of this section, the director of the State Department of Public Welfare is hereby empowered with the authority to issue execution against any recipient as defendant therein, returnable in the county of the defendant's residence with the right of such defendant to contest the legality of such execution by affidavit of illegality as in other cases. Recovery of excess. Execution. Section 15. Recovery from the Estate. On the death of any recipient, the total amount of assistance paid under this Act shall constitute a claim and debt due this State and the county involved against the estate of the deceased recipient after funeral expenses not to exceed seventy-five

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dollars have been paid and after the expenses of administering the estate have been paid, but such claim shall not be enforced against any real estate or household and kitchen furniture of a recipient while it is occupied or used by the surviving spouse or dependent of such recipient. Provided, however, that this section shall not apply to any Confederate veteran or his widow who is now drawing or may hereafter be entitled to draw a pension under the law of this State. Recovery from estate. The Federal Government shall be entitled to a share of any amounts collected from recipients or from their estates equal to not more than one-half of the amount collected, if required as a condition to Federal financial participation, and this amount shall be specified by the State Department. The amount due the United States shall be paid promptly by the State to the United States Government. Federal Government share. Section 16. Removal to Another County. Any recipient who moves to another county in this State shall be entitled with the approval of the State Department to receive assistance in the county to which he has moved and the County Department of the county from which he has moved shall transfer all necessary records relating to the recipient to the County Department of the county to which he has moved. The county from which the recipient moves shall pay the assistance for a period of two months. Removal of recipient. Section 17. Financial Procedures. The County Commissioner or Board of Commissioners or the constituted Fiscal or Financial Agent of the county in each county in the State shall appropriate annually a sufficient sum to pay 10% of the cost of the administration in each respective county and the cost of paying the assistance and the benefits provided for under the terms of this Act which said fund shall be paid to the County Department of Public Welfare upon requisition by the director thereof. The County Department shall keep such records and accounts in relation to assistance

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under this Act as the State Department shall prescribe. The State Department shall reimburse each County or District Public Welfare Department to the extent of 90% of the total amount expended for assistance and for administration pursuant to the provisions of this Act; Provided that such State Department shall cooperate with the Federal Social Security Board in obtaining for the purposes of administering the benefits of this Act the Federal aid as provided for in the Federal Social Security Act of an amount equal to one-half of the total sums expended for such assistance not to exceed $30.00 per month to be paid to each recipient herein. The legislature is hereby authorized and empowered to appropriate from the general fund of the State or otherwise except funds specifically allocated by law for other purposes a sufficient amount of money to provide for the administration of and the payment of the assistance and other benefits enumerated and provided for under the terms of this Act after taking into consideration the Federal aid which is provided for by the Federal Social Security Act and the 10% of such total amounts necessary for the above purpose which shall, under the terms of this Act be paid for by the respective counties of the State. Provided, however, that no county shall be required to levy a tax for the purposes of this Act in excess of the reasonable ability of such county to raise the same without levying confiscatory taxes therefor. County fiscal agent. Section 18. Fraudulent Acts. Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a wilfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, assistance greater than that to which he is justly entitled; or whoever aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the County Department, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more

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than $300.00 or be imprisoned for not more than 12 months, or be both fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received. Fraud. Penalty. Section 19. Limitations of Act. All assistance granted under this Act shall be deemed to be granted and to be held subject to the provisions of any amending or repealing Act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act. Subject to legislation. Section 19(a). The various County Welfare Boards shall maintain for public information a roll book, giving the full name and address of each beneficiary, and the name and address and salary paid each employee of said board in said county. Information. Section 20. Short Title. This Act may be cited as the Old-Age Assistance Act. Citation of law. Section 21. Effective Date. This Act shall take effect immediately upon approval by the Governor of the State and upon adequate appropriation for the expenditures to be made as are provided for herein. Effective date. Section 22. Repeal of Existing Laws. All provisions of law in conflict with this Act are hereby repealed. Repeal. Section 23. Separability Clause. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby. Invalidity. Approved February 26, 1937.

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PUBLIC SAFETY DEPARTMENT. No. 220. An Act to create a Department of Public Safety for Georgia and to name the members, officers and divisions thereof; to provide for organization of the department and to fix the time of meeting; to specify the duties, fix the salaries, method of appointment, tenure of office, bond, and qualifications of the officers and employees of the various divisions of the Department of Public Safety; to create the Uniform Division of the Department of Public Safety to be known as the Georgia State Patrol; to prescribe the numbers, rank, duties and salaries thereof, and to provide for the furnishing and purchase of equipment for the employees; to provide punishment for anyone wearing the uniform of or impersonating a member of the Uniform Division; to provide rules and regulations for the operation and control of the Uniform Division known as Georgia State Patrol; to fix the ages of enlistment and retirement of the members of the Uniform Division; to provide for recruiting, training, enlistment, re-enlistment, promotion and discharge of the members of the Uniform Division and for a hearing on discharge or suspension; to prescribe under what rules a reward may be paid a member of the Uniform Division; for increase of salary on reenlistment; to provide punishment for withdrawal by a member without consent; for the purchase of motor and other equipment of the Department of Public Safety and the divisions thereof, and for the employment of custodians for such equipment and stores; to provide for the furnishing of offices, supplies, and equipment for the headquarters staff and for each district or division thereof; to provide for furnishing quarters, meals and lodging for the members of the Uniform Division; to provide for the creation of districts or division headquarters and to enable counties and municipalities to provide barracks or quarters; to enable

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the Department of Public Safety to rent or acquire barracks and quarters; to provide for a treasurer and clerical force at headquarters and district or division headquarters; to define the duties and powers of the Georgia State Patrol and to name the venue of prosecutions and prescribe payment of fines and costs; to repeal Section 68-107 of the Code of Georgia for 1933 and to provide that the Georgia State Patrol shall perform all duties in checking licenses of motor vehicles in this State and for disposition of fees collected; to establish a Division of the Department of Public Safety for the purposes of criminal identification, detection, prevention and investigation, and to prescribe the duties and powers of such division; to provide punishment for interfering with the operation of such division; to provide for lectures and demonstrations relating to public safety in the public schools of this State; to provide for the classing and licensing of learners, operators and public chauffeurs of motor vehicles in Georgia and for rules and regulations under which such licenses shall be issued, refused, suspended, revoked and canceled and for keeping of proper records; to define the ages and persons to whom licenses may be issued and naming those exempt from license; to provide for examinations of licensees and fees for licenses; to provide the time for which licenses may be issued and the expiration date; to repeal Sections 68-203 and 68-204 of the Code of Georgia for 1933; to provide a hearing for one who has been denied a license, or whose license has been suspended or revoked; to define the punishment of persons refusing to exhibit a license on request, or operating or permitting another to operate a motor vehicle contrary to the provisions of this Act; to define the punishment for fraudulently displaying or obtaining a license or for refusal to deliver a license that has been suspended, revoked or canceled, or otherwise violating the provisions of this Act; to provide an appropriation for the purposes named in this Act and

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for the disposition of fees received from the sale of licenses hereunder; to provide that no person shall be eligible for any position provided for in this Act who is drawing any pension from any source, governmental or otherwise; to provide that if any part of this Act shall be declared illegal, that no other part shall be affected; to provide when this Act or any part shall become effective; to authorize the Department of Public Safety to accept gifts of property, equipment or services in the name and in behalf of the State of Georgia which may be donated for use of such department or any division thereof; to provide for the revocation of licenses granted under this Act by the court trying the defendant, to provide for the probation of offenders by the court with power to suspend, or revoke licenses, to require that copies of the sentence or judgment of the court be sent to the Department of Public Safety, and to provide a fee for the clerk of court sending such certificate; for the repeal of all conflicting laws and for other purposes. ARTICLE I. 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 and established as a part of the Executive Branch of the State of Georgia a department which shall be known as The Department of Public Safety. It shall be composed of the Governor of Georgia as Chairman, the Chairman of the Revenue Commission, the Chairman of the Highway Board, the Comptroller-General of the State of Georgia, and one member to be selected by the Governor from a list of ten nominations made by the Georgia Peace Officers Association. Department created. None of the members of the Department of Public Safety shall receive any salary or compensation for the discharge of their duties, other than their salaries as officers

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of the State of Georgia, except such legitimate expense as may be incurred. No added salary. Expenses. They shall elect a Vice-Chairman from among their number, who shall exercise the duties of the Chairman in his absence, and shall appoint a Secretary from the headquarters staff of the Uniform Division of the Georgia State Patrol hereinafter created, which Secretary shall drawn no additional salary other than is paid by the division of which he is a member. Officers of Department. The Department of Public Safety shall meet in regular session once each month at a time and place which they shall determine, and oftener if their duties shall require. Three members shall constitute a quorum for the discharge of business. Meetings. Section 2. The Department of Public Safety shall be in charge of, shall administer as required by law, and shall provide such other rules and regulations as may be necessary for the following divisions of the Department of Public Safety which are hereby created under the authority of this Act: Rules, etc. (1) A Uniform Division to be known as the Georgia State Patrol, whose duties shall be as hereafter defined. Divisions. (2) A division of Criminal Identification, Detection, Prevention, and Investigation. (3) A division which shall administer the proper licensing of operators and chauffeurs of motor vehicles, the duties of which division may be performed in whole or in part by the Georgia State Patrol. Section 3. The Department of Public Safety as herein created shall appoint a person to be known as the Commissioner of Public Safety of Georgia, who shall be the highest ranking officer in the Uniform Division of the Georgia State Patrol, and who shall under the direction of the

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Department of Public Safety exercise supervision and control over all the divisions and employees of the Department of Public Safety. Commissioner. The Commissioner of Public Safety of Georgia shall be appointed for a term of four years during good behavior, and shall receive an annual salary of forty-eight hundred ($4800) dollars per year, payable monthly. Term of office. Salary. He shall be subject to removal by the Department of Public Safety only after charges have been preferred and a hearing granted, which hearing shall be made a matter of record. Removal from office. He shall be of good moral character and of sound physical condition, not less than thirty nor more than fifty years of age at the time of appointment, and shall have had at least three years' experience either as a peace officer, as an officer of the National Guard, or as an officer in some other organization of this State, another State, or of the United States, charged with controlling men enforcing the laws of the State or United States. Character and experience. The Commissioner of Public Safety shall be automatically retired upon reaching the age of sixty-five years. Retirement. He shall before entering upon his duties give a bond in the sum of ten thousand ($10,000.00) dollars conditioned for the faithful discharge of his duties, to be approved by and payable to the Governor of Georgia and his successors in office, and shall take an oath before the Governor of the State to faithfully uphold the Constitution and laws of Georgia and of the United States. Bond. Oath of office. In the event of a vacancy in the office of Commissioner of Public Safety of Georgia by reason of death, resignation or other cause, the Deputy Commissioner herein provided for, shall immediately succeed to all the duties and perform all the functions of the Commissioner of Public Safety of Georgia until the vacancy is filled, but the Department of

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Public Safety shall be authorized to appoint a successor to such Commissioner immediately upon the vacancy occurring. Vacancy in office. Section 4. The Commissioner of Public Safety of Georgia shall be chargeable with the formation of the Uniform Division to be known as the Georgia State Patrol, and shall rank as major in such division and be the chief officer thereof. He shall be charged with the creation and formation of a division of Crime Identification, Detection, Prevention and Investigation. He shall be charged with enforcing and administering the provisions of the law licensing learners, operators and chauffeurs of motor vehicles as herein provided. State patrol Commissioner. Section 5. The Commissioner of Public Safety of Georgia is vested with authority to appoint a Deputy Commissioner of Public Safety, whose term of office shall be three years and who shall receive an annual salary of three thousand six hundred ($3,600.00) dollars per year, payable monthly, and whose appointment shall be subject to confirmation by the Department of Public Safety. Deputy. He shall perform such duties as he may be charged with by the Commissioner of Public Safety, and in case of a vacancy, shall act as Commissioner of Public Safety of Georgia until an appointment is made to fill such vacancy, and shall during such time draw the same salary as that of Commissioner. Duties. The Deputy Commissioner shall take the same oath as that required of the Commissioner of Public Safety, which oath shall be administered by the Commissioner, and shall before entering upon his duties give a good and sufficient bond in amount of five thousand ($5,000.00) dollars conditioned for the faithful discharge of his duties to be approved by and payable to the Governor of the State of Georgia and his successors in office. Oath. Bond. The Deputy Commissioner shall be not less than thirty nor more than fifty years of age at the time of first appointment

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and shall be automatically retired when the age of sixty-five years is reached. Age limit. The Deputy Commissioner shall be subject to removal from office by the Department of Public Safety after charges preferred and a hearing thereon, which shall be made a matter of record. Removal. ARTICLE II. Section 1. There is hereby created and established a division of the Department of Public Safety to be known as the Uniform Division, the members of which shall be known and designated as the Georgia State Patrol, and who shall wear a distinctive uniform and equipment to be prescribed by the Commissioner of Public Safety, and provided by the Department of Public Safety. State patrol. Uniform. It shall be a misdemeanor, and punishable as such by the courts of this State, as provided in Section 27-2506, Code of Georgia of 1933, for any person, or persons, to wear, sell or copy such uniform, or to impersonate any officer or member of such Uniform Division of the Department of Public Safety known as the Georgia State Patrol. Penalty for impersonation. Section 2. The Uniform Division of the Department of Public Safety shall consist of: (1) Headquarters staff composed of the Commissioner, Deputy Commissioner, one inspector with the rank and pay of Captain, one deputy inspector with the rank and pay of First Lieutenant, three sergeants-major, and such other additional male clerical force as the Commissioner may deem necessary for use at headquarters. Staff. The salaries of the headquarters staff shall be on the same scale, and payable at such times as those of similar rank herein named. Salaries. The clerical duties at headquarters shall be performed by such headquarters staff, with the right in the Commissioner

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of Public Safety to transfer any member of such headquarters staff to any other division or district for other duty he may see fit. Clerical duties. The Commissioner of Public Safety shall appoint one of the officers of the headquarters staff to act as Treasurer and Disbursing Officer for the Department of Public Safety, and such officer shall give a good and sufficient bond in amount of ten thousand ($10,000.00) dollars conditioned for the faithful discharge of his duties, and for the faithful accounting of all funds coming into his hands, payable to the Governor of Georgia and his successors in office and to be approved by the Commissioner of Public Safety. Treasurer. Bond and oath. In the event a surety bond is given by any member or employee of the Department of Public Safety, the premium thereon shall be paid out of funds of the department. (2) One troop composed of not less than eighty (80) men, which may be increased by the Commissioner of Public Safety, with the approval of the Department of Public Safety, to not more than one hundred and twenty (120) members, within the appropriation made by law, which troop as first constituted shall be composed of the following personnel with annual salaries herein stated, payable monthly: Troop. One Captain at $2,400.00 per year Two First Lieutenants at $2,000.00 per year each Officers. One first sergeant with rank of sergeant-major at $1,800.00 per year One staff sergeant at $1,600.00 per year Three sergeants at $1,500 per year each Three corporals at $1,400.00 per year each Four troopers first class at $1,300.00 per year each Sixty-five troopers second class at $1,200.00 per year each.

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(3) In addition to the members of the troop and headquarters staff of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol, the Commissioner shall maintain at all times a force of recruits, not more than twelve in number and not less than twenty-one nor more than thirty years of age, for the purpose of supplying replacements to such troop of the Uniform Division of the Georgia State Patrol, and these recruits shall be given such course of instruction and training as the Commissioner of the Department of Public Safety may prescribe and require. Recruits. Each recruit while in training shall receive a salary of seven hundred and twenty ($720.00) dollars per year, payable monthly, without other allowance, and shall be under the same control and supervision as the regular members of the Georgia State Patrol, but they shall not be allowed to wear or use any uniform or equipment adopted for the Uniform Division until they pass the period of recruits and become active members of the troop. Salary. Control. When any vacancy occurs in the Uniform Division of the Georgia State Patrol, other than officers, such vacancies shall be filled from this class of recruits, except that each member of the troop shall be eligible to fill his own vacancy as stated elsewhere herein, and under the rules and regulations prescribed. Vacancies. (4) The members of the troop herein designated as troopers of the first class shall be competent mechanics chargeable with repairing and maintaining the motor or other equipment of the troop. Mechanics. Section 3. No person shall be eligible for appointment as an officer or trooper of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol unless he shall be a native born male citizen of the United States, preferably of Georgia, of good health and good moral character, and not less than twenty-five years

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of age nor more than forty-five years of age at the time of enlistment. The age limits here given shall not apply to the Commissioner and Deputy Commissioner of the Department of Public Safety but are as given elsewhere. Eligibility. Provided, that no former member of the National Guard of this State or of any other State, or of the Army, Navy or Marine Corps, or of any other law enforcement agency of the United States or the various States thereof, who has been discharged with a character less than Excellent, nor any former member of the Georgia State Patrol who shall have been discharged for cause, shall be eligible for appointment or re-appointment to such Uniform Division of the Department of Public Safety. Proviso. In addition to the other qualifications named such applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent thereof and shall pass a mental and physical examination based upon the rules and regulations promulgated by the Commissioner of the Department of Public Safety, which requirements may not be changed within twelve months of any examination for enlistment of recruits, troopers or appointment of officers. The Commissioner shall fix the salaries of all employees under this Act where not otherwise specified. Added qualifications. No officer above the rank of sergeant shall be eligible for re-appointment after reaching the age of sixty-five years, and shall be automatically retired when this age is reached. Age limit. No officer or trooper below the rank of sergeant shall be eligible for re-appointment after reaching the age of sixty years, and shall be automatically retired when this age is reached. Retirement. Section 4. Any officer or trooper of the Uniform Division of the Department of Public Safety shall be eligible for promotion to a higher rank in the Georgia State Patrol, but before being eligible for such promotion, he must have

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served at least one year in the rank immediately below. Provided, that this requirement shall not apply until one year after the organization of the Uniform Division of the Department of Public Safety. Promotion. Section 5. All the officers and troopers, excepting the Commissioner of the Department of Public Safety, shall be appointed, or re-appointed, for a term of three years by the Commissioner of Public Safety, subject to removal by the Commissioner of Public Safety for cause after charges preferred and a hearing granted, which removal must be approved by the Department of Public Safety. Provided, that the Commissioner may suspend any officer or trooper from duty for cause until such hearing, which must be had in not less than sixty days after order of suspension, and pending such hearing such officer or trooper shall not be allowed to wear the uniform of the Georgia State Patrol or to perform any duties thereof. Official terms. Suspension. All officers and troopers of the Uniform Division of the Department of Public Safety, upon the expiration of their term of enlistment, provided the age limit has not been reached, shall be entitled to re-appointment to their own vacancies, or to a higher rank if qualified, when there is a vacancy, unless the Commissioner has determined that such officer or trooper is not qualified for re-enlistment, the proceeding of such finding being made a matter of record with the right of such officer or trooper to be heard by the Department of Public Safety, whose finding shall be final. Reappointment. Section 6. No officer or trooper of the Uniform Division of the Department of Public Safety shall receive any emolument of any kind, save their salary provided by law and such expense as may be legally incurred or authorized. Provided, that any officer or trooper shall be entitled to receive a legal reward offered for the apprehension of any criminal, but shall not receive a reward for the recovery of property of any character. No emolument. Reward.

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Each member of the Uniform Division of the Department of Public Safety, except the Commissioner and Deputy Commissioner, shall receive an annual increase in salary of one hundred ($100.00) dollars per year for each period of re-enlistment after the first period, until an aggregate increase of three hundred ($300.00) dollars per year shall be reached, when no further increase shall be allowed. Salary increase. Section 7. It shall be a misdemeanor, and punishable as provided in Section 27-2506 Code of Georgia for 1933 by the courts of this State having jurisdiction of the offense, for any officer or trooper, other than the Commissioner or Deputy Commissioner, to withdraw from service in the Uniform Division of the Department of Public Safety without written application approved by the Commissioner of the Department of Public Safety. Withdrawal a misdemeanor. Section 8. It shall be the duty of the Commissioner of the Department of Public Safety, subject to the laws of this State, to arrange for the enlistment and examination of applicants for service as troopers or officers of the Uniform Division of the Department of Public Safety, to provide the necessary preliminary training and subsequent instruction of troopers and recruits as peace officers of this State, and to make all necessary rules and regulations for the discipline, conduct and control of all officers, troopers and other employees of the Department of Public Safety. [Illegible Text] Examination. Training. In perfecting the organization of the Department of Public Safety, or any Division thereof, the Commissioner herein shall be authorized with approval of the Department of Public Safety to employ and provide compensation for such expert temporary assistance as may be necessary. Expert assistance. Pay. Section 9. The Commissioner of the Department of Public Safety shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniform, suitable to the season, not to exceed a cost of one hundred and twenty

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($120.00) dollars each per year and also with emergency and first aid outfits, weapons, horses, horse equipment, motor vehicles with radio equipment if such be available, and all other necessary supplies and equipment for the purpose of carrying out the provisions of this Act, the same to remain the property of the State of Georgia. Uniforms, outfits, and supplies. The uniforms, supplies and equipment authorized herein, shall be purchased by the State Purchasing Agent with the consent and approval of the Department of Public Safety, by bid let to the lowest and best bidder in accordance with specifications named in the advertisement of bid. The advertisement of the letting of such contract or contracts shall be published in some public journal of the State, published daily, and having a State-wide circulation, in at least two issues, for not less than fifteen days before the time such bids are opened. The State Purchasing Agent shall have the right to reject any and all bids. Purchases. The Commissioner of the Department of Public Safety shall provide a store-room or rooms where all excess supplies of clothing, equipment and other articles shall be stored, and shall insure the same against loss by fire. Storerooms. Insurance. All old and worn equipment must be delivered to the custodian or custodians of such store-room or rooms, who need not be a member of the Uniform Division of the Georgia State Patrol and not subject to age limit, to be properly receipted for before new equipment shall be issued. Custodian. Section 10. The Department of Public Safety is authorized to provide comfortable and accessible headquarters for the Commissioner and Deputy Commissioner of the Department of Public Safety and for the various Divisions thereof, in the State Capitol, if there be available space, and if not the Department of Public Safety is authorized and empowered to provide such quarters and offices by purchase, lease, or construction, any contract made or title acquired

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to be made in the name of and on behalf of the State of Georgia. Headquarters. In the event it becomes necessary to purchase, lease or construct such offices and headquarters, the location thereof shall be at some place in the State of Georgia, conveniently accessible to the State Capitol. Location. Section 11. The Commissioner of the Department of Public Safety with the approval of the Department of Public Safety, is authorized to divide the State of Georgia into Districts or Divisions, as may be necessary for the purpose of effectually patrolling the public roads and highways of this State and of the counties thereof, and for combating, detecting and preventing crime, and is authorized with approval of the Department of Public Safety to provide comfortable barracks and quarters for the officers and troopers of the Uniform Division of the Department of Public Safety at such Districts or Divisions. The Commissioner of the Department of Public Safety shall also provide proper garages and storage places for all motor equipment and other equipment, for stabling of horses, and to provide for serving meals at such barracks or quarters and for the upkeep and maintenance of the same, to employ the necessary male cooks and servants, who need not be members of the Uniform Division, and whose compensation shall be fixed in accordance with the rates prevailing at the place of employment, and who shall be subject to discharge at the pleasure of the commanding officer of the District or Division. Districts or divisions of the State. Garages. Horses. Provided, that in the Divisions or Districts, if not more than six members of the Georgia State Patrol are stationed therein, that an allowance for meals shall be made, and further provided, that when any officer or trooper is on duty away from his District or Division he shall be allowed his proper expense for meals and lodging. Allowance for expense.

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Section 12. In the event any District or Division headquarters is established by the Commissioner of the Department of Public Safety, he shall be authorized with the approval of the Department of Public Safety to purchase, lease or construct proper quarters or barracks for the men and equipment at such District or Division, and to this end may contract with municipalities, persons or corporations in the name of the State of Georgia and the Department of Public Safety is authorized to accept in the name and behalf of the State of Georgia any property, equipment, or service that may be donated for use at headquarters, any Division or District thereof, which may be of value to any Division of the Department of Public Safety. Lease or purchase of quarters and equipment. Donations acceptable. Any municipality or county of this State is authorized to purchase and convey property by deed, gift, rent or lease for the use of the Department of Public Safety for such Division or District headquarters. County or municipal gifts. The Commissioner of Public Safety shall appoint a qualified member of the Uniform Division of the Department of Public Safety to act as treasurer of such District or Division headquarters, who shall be required to give a good and sufficient bond in amount of two thousand ($2,000.00) dollars conditioned for the faithful discharge of his duties to be payable to the Governor of the State of Georgia and his successors in office and approved by the Commissioner of the Department of Public Safety. Each District or Division shall be provided with the necessary clerical help from the Uniform Division of the Department of Public Safety. Treasurer's Bond. Section 13. The board and quarters herein provided shall be furnished to each and every member of the Uniform Division of the Department of Public Safety on active duty, excepting the Commissioner and Deputy Commissioner. Provided, that in the event barracks or quarters cannot be immediately secured for the Headquarters Staff, that all

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officers and troopers shall be given a proper allowance for meals and lodging, until barracks and quarters are secured. Allowance for board and quarters. The Commissioner and Deputy Commissioner shall be required to furnish their own uniforms, and no motor vehicles or other equipment shall be used by any member of the Uniform Division of the Department of Public Safety except in discharge of their official duties. Uniforms and vehicles. Section 14. Duties of the Georgia State Patrol. It shall be the primary duty of the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol, to patrol the rural and public roads and highways throughout this State, to prevent, detect and investigate criminal acts, and to arrest and apprehend those charged with committing criminal offenses appertaining thereto, and to safeguard the lives and property of the public. Duties of State patrol. They are empowered to act in cooperation with any other law enforcement agency of this State or of any city, county or other division thereof, and shall cooperate with local authorities in preventing the commission of criminal offenses, or in detecting and apprehending those charged with offenses against the criminal laws of this, or any other State, or the United States. Cooperation. They shall not exercise any power of arrest except for offenses arising for violation of the traffic laws, or laws regulating the use, ownership and control of motor vehicles, or for offenses committed upon the highways of the State. Provided, that upon request of the governing authorities of the municipality, or of the sheriff of any county or of the judge of the Superior Court of any county of this State, the Georgia State Patrol shall be authorized to render such assistance as such authorities may request in any other criminal case. Arrests. Assistance. The Uniform Division of the Department of Public Safety shall not, however, usurp any of the duties or authority

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of the sheriffs of this State, or of the police of any incorporated village, town or city, but they shall have the right to make arrests within the corporate limits of any village, town or city in this State where the person or persons committing, or suspected of committing a criminal offense is a fugitive or is likely to be a fugitive on account of a crime committed and the assistance of the officers of the municipality cannot be readily obtained before the escape of the fugitive. Arrest of fugitives. The Uniform Division of the Department of Public Safety known as Georgia State Patrol shall have jurisdiction throughout the State of Georgia and in any county thereof, but they shall not exercise any power to suppress rioting or labor strikes or picketing, as provided by law within the limits of an incorporated municipality, or in any county of this State, except upon direction of the Governor of this State on request made by the governing body of such municipality or county. Jurisdiction limited. Section 15. All prosecution for any offense under the statute law of this State and under this Act, where an arrest is made by the Uniform Division of the Department of Public Safety, shall be laid as to venue and trial as criminal offenses of the same grade are fixed by law, and in the court having jurisdiction thereof. No member of the Uniform Division of the Department of Public Safety known as the Georgia State Patrol shall receive any costs, emoluments or other compensation other than his salary, except a legal reward as otherwise stated in this Act, but all fines and costs shall be paid into the treasury of the tribunal having jurisdiction of such offense and distributed according to law. Prosecutions. Emolument barred. It is further enacted by authority of the General Assembly of Georgia, That Section 68-107 of the Code of Georgia of 1933 reading as follows:

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It shall be the duty of the State Revenue Commission to deputize such employees of the State Highway Department as may be requested by the State Highway Board, for the purpose of enforcing the provisions of this law. The State Highway Board is hereby authorized to select from its employees men to be deputized by the State Revenue Commission, and such deputies are hereby given the necessary police powers for the purpose of enforcing this law. There shall be a motor vehicle license inspector to be appointed by the State Revenue Commission who shall have authority to swear out warrants for violations of the motor vehicle law, and to perform any other duty required by such Commission. Repeal of Code, 68-107. Be and the said section of the Code is hereby repealed, and it is enacted and provided in lieu thereof that beginning July 1, 1937, and continuing thereafter, that the Uniform Division of the Department of Public Safety known as Georgia State Patrol, shall perform all the duties in checking motor vehicles in this State to see that they are properly licensed and not overloaded, and in enforcing the provisions of the laws of Georgia requiring the proper licensing of motor vehicles. [Illegible Text] as to motor-vehicles. All revenue collected by such Uniform Division of the Department of Public Safety for the State Revenue Commission or other department shall be immediately delivered to the Treasurer of the Department of Public Safety designated by the Commissioner to receive the same, and shall be thence transmitted to the proper department of the State of Georgia. Revenue. A report of such matters shall be made on such forms and at such times as may be prescribed by the State Revenue Commission or other department handling such funds, and funds or penalties so collected shall not go into the funds appropriated to the use of the Department of Public Safety. It shall be the further duty of said Georgia State Patrol

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to strictly enforce the statute laws of this State as to the length, size and weight of motor vehicles and trailers upon the highways. Reports. ARTICLE III. Section 1. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, The Commissioner of the Department of Public Safety, with the approval of the Department of Public Safety, is authorized to establish a division of Criminal Identification, Detection, Prevention and Investigation within the appropriation made herein, which division may be maintained in cooperation with that of any like department now maintained by any municipality in this State. Criminal identification division. It shall be the duty of such division to take, receive and forward fingerprints, photographs, descriptions and measurements of persons, in cooperation with the bureaus and departments of other States and of the United States; to exchange information relating to crime and criminals; to keep permanent files and records of such information procured or received; to provide for the scientific investigation of articles used in committing crimes, or articles, fingerprints or bloodstains found at the scenes of crimes; to provide for the testing and identification of weapons and projectiles fired therefrom. In the event such division is maintained in cooperation with a municipality or any other division of this State, the services and records of the same shall at all times be accessible and available to the Department of Public Safety and any division thereof. Duties. It shall be the further duty of the Commissioner of Public Safety, with the approval of the Department of Public Safety, within the appropriation allowed by law, to provide for the receipt and transmission of crime news; of information as to lost or stolen property, or lost or kidnapped

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persons, by radio, teletype or other modern system, and such information shall be relayed to the Uniform Division of the Department of Public Safety known as the Georgia State Patrol. Crime information. It shall be a misdemeanor and punishable as such by the courts of this State as provided by Section 27-2506, Code of Georgia of 1933, for any person, persons, firm or corporation to use the same wave length of the radio system adopted by the Department of Public Safety or to do any act interfering with the proper receipt or transmission of information relating to the Department of Public Safety or any division thereof. Radio interference. Penalty. The Commissioner of the Department of Public Safety may provide one or more lecturers, who may be a member of the Uniform Division of the Department of Public Safety, and may furnish such person or persons with the proper literature and equipment, and may cause lectures and demonstrations relating to public safety to be given in the public schools of this State in cooperation with the school authorities. Lectures. ARTICLE IV. Section 1. (1) That from and after July 1, 1937, it shall be a misdemeanor punishable by the courts of this State having jurisdiction thereof, by the imposition of a fine not to exceed fifty ($50.00) dollars, including costs, imprisonment not to exceed six months, to work on the chain-gang or the public roads or on such other public works as the county or State authorities may employ the chain-gang, not to exceed six months, any one or more of these punishments in the discretion of the judge, for any person to operate a truck, motorcycle, automobile, or any other motor-propelled vehicle upon the public roads or highways in this State or in any county thereof, or upon the public streets of any incorporated village, town or city

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within this State, without first obtaining a license under the provisions of this Act. License to operate motor-vehicle. The following persons are exempt from the provisions of this Act: (1) Any person operating a motor vehicle in the service of the Army, Navy or Marine Corps of the United States. Exemptions. (2) Any person driving or operating a motor vehicle while then engaged in farming, whose use of the public roads or highways shall be for a temporary purpose and not for the purpose of hauling farm produce to market. (3) A nonresident of the State at least 16 years of age and who is the holder and possessor of a valid operator's or public chauffeur's license issued by the State of his domicile. (4) A nonresident who is at least 18 years of age whose home State or country does not require a license for operators of a motor vehicle, may operate a motor vehicle in passing through this State. Section 2. The Commissioner of the Department of Public Safety shall formulate and prescribe the rules and regulations under which licenses for learners, operators and public chauffeurs shall be granted, suspended, revoked and canceled, and such persons shall be divided into three classes as follows: License classification. (1) The learners class shall embrace all persons not otherwise disqualified over 16 years of age, not possessing an operator's or public chauffeur's license. (2) The operators class shall embrace all persons not otherwise disqualified above the age of 16, except public chauffeurs, who may be entitled to an operator's license. (3) Public chauffeurs class which shall embrace all persons not less than 18 years of age and not otherwise disqualified engaged in,

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(a) Operating a motor vehicle transporting school children, (b) Operating a motor vehicle regularly engaged in transporting property for hire, (c) Operating a motor vehicle regularly engaged in transporting persons for hire. Provided, that no licenses shall be issued to a person whose license has been revoked, or canceled for cause until after six months from the date of such revocation, or cancellation. No-license [Illegible Text] No license shall be issued at any time to a person whose learner's, operator's or chauffeur's license has been three times revoked for cause. No license shall be issued to any person incapacitated by reason of disease, physical disability, or a confirmed drunkard or user of drugs, who by reason of such disability is unable to operate a motor vehicle with safety upon the public roads or highways within this State. Any license granted without knowledge of such disability shall be immediately revoked and canceled upon notice as herein provided. Section 3. The Commissioner of the Department of Public Safety may issue learner's permit to any person above the age of 16, physically and mentally able to operate a private vehicle not used for hire, provided that the holder of such learner's permit shall be at all times accompanied by a licensed operator or chauffeur, and provided such learner shall not operate a motor vehicle within an incorporated town or city. No learner's permit shall be issued to a minor except upon affidavit of the parent or guardian showing the age of such person and granting consent for the issuance of a learner's permit, and if no parent or guardian the affidavit may be made by any responsible person.

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Section 4. Be it further enacted, That no applicant for a learner's, operator's or public chauffeur's license shall be required to apply for such licenses or to stand an examination therefor without the limits of the county in which such person resides, unless the applicant shall voluntarily apply for such license in another county. Examinations. Section 5. Be it further enacted, That the expiration date of all licenses as first issued under this Act shall be June 30, 1939, and all licenses issued after the first expiration date shall expire on the 30th day of June each two years thereafter; Provided, that any license granted not more than sixty days before the nearest biennial expiration date shall be valid until the following biennial expiration period. It is further provided, that in the event any license is suspended, revoked or canceled for cause that the applicant shall not be entitled to the return of any application or examination fee. License expiration. Application for license shall be made on forms furnished by the Commissioner of the Department of Public Safety and must be accompanied by the fee charged; the name and address of the applicant, and any other information required by the Commissioner. Forms. Section 6. Be it further enacted, That Section 68-203 of the Code of Georgia for 1933 reading as follows: Repeal of 68-203. Application for chauffeur's license shall be made to the State Revenue Commission upon blanks prepared for such purpose by the Commission and shall be signed and verified by oath or affirmation. Such application shall be made annually on or before the first day of February, and shall contain a statement of the name and address of the chauffeur and such other information as the Commission may require, and shall be signed and indorsed by at least three responsible owners of motor vehicles and employers of chauffeurs; Provided, that no such license shall be issued

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to any person under 16 years of age. A fee of $2.00 shall accompany the application. Be and the same is hereby repealed. Be it further enacted, That Section 68-204 of the Code of Georgia for 1933 reading as follows: Upon the receipt of such application and the payment of the required fee, the State Revenue Commission shall file the application, register the same, assign to the applicant a distinctive number, make the same a matter of record in the office of the State Revenue Commission. The Commission shall likewise furnish such chauffeur a badge, which badge shall be evidence of his right to act as chauffeur until the first day of February of the next year following. Such badge shall be of aluminum or some other suitable metal, oval in form, the greater diameter not to exceed two inches, and there shall be stamped thereon the words, `Registered Chauffeur No. (Here insert the registration number designated) State of Georgia.' The badges shall be of uniform size, numbered consecutively beginning with the number one, and shall be issued in consecutive order and of different design each year. The chauffeur shall at all times, while operating a motor vehicle, upon public streets or highways, wear his badge pinned to his clothing in a conspicuous place. No registered chauffeur shall voluntarily or otherwise permit any other person to wear his badge, nor shall any person wear a chauffeur's badge belonging to any other person, or a fictitious badge, while operating a motor vehicle upon the public streets and highways. Repeal of 68-204. Be and the same is hereby repealed. Be it hereby enacted in lieu of said Sections 68-203 and 68-204 and as a part of this Act, That no person shall operate a motor-propelled vehicle engaged in hauling persons or property for hire upon the

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public roads or highways within this State or upon the public streets of any incorporated village, town or city as a chauffeur without first obtaining a license under the provisions of this Act and the rules and regulations promulgated by the Commissioner of the Department of Public Safety. That any person so doing shall be guilty of a misdemeanor punishable by the courts of this State having jurisdiction thereof, by the imposition of a fine not to exceed fifty ($50.00) dollars including costs, imprisonment not to exceed six months, to work on the chain-gang or the public roads or on such other public works as the State or county may employ the chain-gang, not to exceed six months, any one or more of these punishments in the discretion of the judge. Substitutions. License. Penalty. That if such person shall successfully stand the examination and comply with the provisions of this Act and the rules and regulations promulgated hereunder, he shall be eligible for a public chauffeur's license under the laws of this State, and such license as issued shall be accepted by any other Department, Division, or Commission of this State in lieu of any requirements in force prior to the passage of this Act, except that such chauffeur or person shall be required to comply with any other rules and regulations of such Division, Department, or Commission of this State not inconsistent with this Act. Examination. The applicant for a public chauffeur's license under this Act shall pay a fee of $2.00 when the application is filed, which shall include the examination fee, and such applicant for a chauffeur's license shall be furnished with a written permit and also a distinctive badge to be worn at all times while operating a motor vehicle upon the public roads or highways in this State, or upon the public streets of any incorporated village, town or city. The fee so paid shall include the cost of the badge. Fee. Section 7. Each and every person holding a learner's permit, operator's or public chauffeur's license shall be required

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at all times while operating a motor vehicle to carry such license upon his person or in his car except in cases of emergencies or for other good cause shown, and it shall be a misdemeanor and punishable by the courts of this State having jurisdiction thereof, by the imposition of a fine not to exceed fifty ($50.00) dollars including costs, imprisonment not to exceed six months, to work on the chain-gang or the public roads or on such other public works as the State or the county may employ the chain-gang, not to exceed six months, any one or more of these punishments in the discretion of the judge, for any of such persons to refuse to exhibit their license when, while driving, a request is made by any legal officer of this State, of any county or incorporated municipality therein. A refusal to exhibit such license on proper request made shall be deemed prima facie proof that such person does not possess a license. Exhibition of license. Penalty. Section 8. The application for any license under this Act must be under oath, and when made by an applicant for a learner's permit shall be accompanied by a fee of fifty cents for each person. In the event the applicant for a learner's permit is refused one-half the fee shall be returned. Oath. The application for an operator's license shall be accompanied by a fee of one ($1.00) dollar for each person, and in the event the applicant fail to pass the examination, one-half the fee shall be returned. Fee. The application fee for public chauffeur's license shall be as already given, and one-half the fee shall be returned if the applicant fail to pass the examination. If any applicant for a learner's, operator's or chauffeur's license shall fail to pass the examination prescribed, an additional examination may be requested after a period of three months; Provided, that the same regulations as to fees shall be observed for each subsequent examination if the applicant fail to pass, as is required for the first examination. Later application.

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Section 9. All fees for learners' permits, operators' and chauffeurs' licenses collected by the Uniform Division of the Department of Public Safety shall be remitted daily to the Department of Public Safety on forms provided, and by the Department of Public Safety paid at regular intervals, not more than one month apart into the Treasury of the State of Georgia, there to remain covered for the appropriation made for the purposes of this Act. Fees to Treasury. Section 10. The Commissioner of the Department of Public Safety shall, subject to the approval of the Department, formulate rules and regulations for the issuance, cancellation, suspension and revocation of licenses as provided by this Act, of which full notice shall be given to the public within thirty days after the same are promulgated, in some public gazette in each Congressional District having a general circulation in the State in not less than two issues, and with such additional publicity as the Commissioner may prescribe. The publication of such notice shall be proof that notice has been given under this Act. A copy of rules and regulations shall be furnished each person when a license is issued. Publication of notice. Copies of rules. In the event any learner, operator or chauffeur shall have his license suspended, canceled or revoked, after being granted, it shall be a misdemeanor for such person to operate a motor propelled vehicle upon the public roads or highways within this State, or upon any public street within the limits of an incorporated village, town or city, and the punishment therefor shall be as follows: by the courts of the State having jurisdiction thereof, by the imposition of a fine not to exceed fifty ($50.00) dollars including costs, imprisonment not to exceed six months, to work on the chain-gang or the public roads or on such other public works as the State or county may employ the chain-gang, not to exceed six months, any one or more of these punishments in the discretion of the judge. Upon the conviction of any licensee hereunder in any court of competent jurisdiction

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in this State of any offense of driving a motor vehicle while intoxicated or driving a motor vehicle while engaged in a felony, or deliberately, wilfully or negligently violating any traffic law of this State, or any municipality thereof, the court trying the same is hereby given authority and jurisdiction upon such licensee being adjudged guilty to cancel or suspend the license of such defendant for such time and on such conditions as the court may deem proper, and in the event that the court should place such licensee under probation, it is hereby provided, that the court shall retain jurisdiction of said case during the period of probation with the right and power to suspend or revoke the license as to the court may deem in keeping with the public safety. It shall be the duty of the clerk of the court trying the case to immediately transmit a certified copy of the sentence and judgment to the Department of Public Safety. The clerk to receive his usual cost of such certificate. Unlicensed operation. Penalty. Municipal authority. Clerk's duty. Section 11. Upon the refusal, suspension, revocation or cancellation of any learner's, operator's or chauffeur's license for cause, a hearing shall be granted on demand before any agent of the Department of Public Safety authorized by the Commissioner to hear the same, which hearing shall be had in the county of such person's residence, and need not be a matter of record. The decision of such agent or officer of the Department of Public Safety shall be final unless the person whose license has been suspended, revoked or canceled shall desire an appeal, in which case he shall have the right to enter an appeal to the court of the county of his residence, other than a justice's court, having jurisdiction of misdemeanor cases, after notice to the Commissioner, in the same manner as appeals are entered from the Court of Ordinary, except that he shall not be required to pay the costs in advance. A notice sent by registered mail shall be sufficient service on the Commissioner of the Department of Public Safety that such appeal has been entered. If such applicant desire the case may be

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heard before the judge of court at term or in chambers or before a jury at the first term. The appellant shall not be allowed to operate a motor vehicle until such appeal is disposed of, and if the judgment is against the appellant, he shall be liable for all costs of court. Hearing. Appeal. Notice. An operator's or chauffeur's license shall be subject to renewal, except after the third revocation, on such terms as the Commissioner of the Department of Public Safety shall prescribe. Renewal of license. Section 12. It is further enacted that any chauffeur previously licensed under the provisions of an existing law of this State prior to the passage of this Act, shall not be required to apply for a license hereunder until the license already held shall expire. Existing license. Section 13. The Department of Public Safety shall file each and every application for license received in a permanent file properly indexed and shall maintain permanent records of (1) Each application received, with name and number; Records and files. (2) A duplicate of all licenses granted; (3) A complete file of all licenses suspended, revoked or canceled, with the reasons therefor, and a record if such license is renewed; (4) A record of all prosecutions made, of accidents in which the holder of a license may be involved, and such other information as may enable said department to effectively enforce this Act. The clerk of the courts of this State shall furnish to the Department of Public Safety a transcript of each case involving an offense under the provisions of this Act on a form to be provided by the Department of Public Safety upon the payment by such department of the customary fee. Transcripts.

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As each application is received by the Department of Public Safety and a license is issued, an exact copy of the application with the date the license is issued shall be immediately furnished the sheriff of the county of the residence of the applicant or to that person or officer designated by the sheriff to receive the same. Provided, however, that upon the request of the Mayor of an incorporated city of this State, the Commissioner shall send a copy of the application of all residents of such city to the said Mayor or a department of the city government to be designated by him instead of to the sheriff. Copies of applications and license date. Section 14. It shall be the specific duty of the Uniform Division of the Department of Public Safety known as the Georgia State Patrol to enforce the provisions of this Act, and if a license is ordered suspended, revoked or canceled, the proper notification shall be given to the Uniform Division of the Department of Public Safety to recall such license from the holder. Provided that any sheriff or other peace officer charged with enforcing the criminal laws of this State, shall be deemed to have concurrent jurisdiction, but he shall be specifically required to notify the Department of Public Safety of prosecutions made under this Act in order that a record may be kept. Enforcement of this Act. Section 15. It shall be a misdemeanor punishable by the courts of this State having jurisdiction thereof, by the imposition of a fine not to exceed fifty ($50.00) dollars, including costs, imprisonment not to exceed six months, to work on the chain-gang or the public roads or on such other public works as the State or county may employ the chain-gang, not to exceed six months, any one or more of these punishments in the discretion of the judge, for any person Acts declared misdemeanors. (1) To display or cause to be displayed, or to have in his possession any suspended, canceled, revoked, fictitious or fraudulent license to operate a motor vehicle under the terms of this Act;

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(2) To permit his learner's, operator's or chauffeur's license to be used in any manner by any other person or persons than the owner; (3) To refuse to deliver upon a legal demand any learner's, operator's or chauffeur's license which has been suspended, revoked or canceled; (4) To impersonate any other person in applying for a license under this Act, or to use a false or fictitious name in applying for such license, or to knowingly conceal any material fact or to make a false statement under oath in applying for such license; (5) To operate a motor vehicle upon the public roads or highways in this State or upon the public streets of any incorporated village, town or city in this State, after a license has been suspended, canceled or revoked and the holder thereof notified; (6) For any person to knowingly permit his child or ward under the age of 16 years to operate a motor vehicle upon the public roads or highways in this State or upon the public streets of any incorporated village, town or city therein, without being the holder of a license; (7) For any person to knowingly permit a motor vehicle owned by him or under his control to be operated by any person upon the public roads or highways in this State, or upon the public streets of any incorporated village, town or city in this State by a person who is not licensed hereunder; (8) For any person to lend or rent to another a motor vehicle knowing the same is about to be operated upon the public roads or highways in this State or upon the public streets of any incorporated village, town or city in this State, unless the person shall exhibit a legal operator's or chauffeur's license.

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Section 16. The Commissioner of the Department of Public Safety shall be required to post a schedule of the time and place of holding examinations for licenses under this Act in one issue of the paper of each county in which sheriff's advertisements are published, and also before the courthouse door in each county, at least 15 days before the time set for first holding such examinations, and such notices shall give the time at which future examinations may be held. The date of holding such examinations may be changed from time to time by the Commissioner upon notice given, and such examinations may be held at one or more places in the various counties. It shall be the duty of the Department of Public Safety or whatever authority is vested with the duty of examination of applicants or issuing driver's license to maintain at all times in every county facilities for the issuance of such licenses or permits. Posting of schedules. ARTICLE V Section 1. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That there is appropriated from the Treasury of the State of Georgia to become immediately available upon the approval of this Act, for the use of the Department of Public Safety, and to be expended for the purposes named herein, the sum of one hundred thousand ($100,000.00) dollars, and the Treasurer of the State of Georgia is directed to pay the same upon the approval of the warrant thereof according to law. Appropriation for this Department. Be it further enacted, That all sums derived from the fees charged for learner's, operator's and public chauffeur's licenses, and all other fees which may accrue under the provisions of this Act, from any department thereof, except as otherwise specified, shall be by the Commissioner of the Department of Public Safety paid into the Treasury of the State of Georgia at monthly intervals, there to remain appropriated and covered for the sole use of the Department

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of Public Safety and the divisions thereof as named in this Act, and from such sums paid into the Treasury of this State the following amounts are appropriated in addition to the initial appropriation of one hundred thousand ($100,000.00) dollars first named, and made available annually for such Department of Public Safety: Payments to Treasury. $350,000.00 For the year 1937 $350,000.00 making a total for the year of $450,000.00 Amounts appropriated. For the year 1938 and for all subsequent years until changed by law The said amounts shall be drawn out of the Treasury for the use of the Department of Public Safety by warrants of the Commissioner of the Department of Public Safety, to be approved and countersigned as other warrants or vouchers on the State Treasury. Provided, that from the first available funds paid into the State Treasury from fees for learner's, operator's and public chauffeur's licenses, and from other fees collected under this Act for the use of the Department of Public Safety, the General Fund in the State Treasury shall be reimbursed for the initial appropriation of one hundred thousand ($100,000.00) dollars herein made. How drawn. Provided, further, that if the fees from the sale of licenses under this Act shall exceed the amounts of the annual appropriations herein made, that such excess shall not revent to the General Fund, but shall remain in the Treasury of this State until the General Assembly shall otherwise direct. Proviso. Section 2. The provisions of Sections 40-2001, 40-2002 and 40-2003 of Civil Code of Georgia shall not be applied to this Act, and in so far as this Act is in conflict with said Sections 40-2001, 40-2002 and 40-2003, the said named three Code sections are hereby expressly repealed. Repeal of Code, 44-2001 et seq.

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Section 3. No person shall be eligible for any position provided for in this Act who is drawing any pension from any source, governmental or otherwise. Section 4. Be it further enacted, That in the event any article, section or paragraph of this Act shall be declared unconstitutional or contrary to laws of this State, that no other provisions of such Act shall be affected thereby. Constitutionality. Section 5. This Act shall go into effect immediately upon the approval hereof. Act effective. Section 6. Be it further enacted, That all laws and parts of laws in conflict herewith are expressly repealed. Approved March 19, 1937. PUBLIC WELFARE DEPARTMENT FUNCTIONS. No. 62. An Act to simplify the operations of the Executive Branch of the State Government by abolishing the Board of Control of Eleemosynary Institutions created under and by virtue of an Act approved August 28, 1931 (Acts 1931, pages 7, 15); by abolishing the Board of Welfare created under and by virtue of an Act approved August 18, 1919 (Acts 1919, pages 222, 228) and transferring the functions and activities of the two said Boards to the Department herein created; by transferring and removing from the Veterans Service Office the functions in administering, distributing, and supervising payment of pensions to ex-Confederate soldiers and sailors and their dependents as provided for in Title 78, Chapter 78-2, of the 1933 Code of Georgia, and vesting such functions in the Department herein created; by creating the State Department of Public Welfare of Georgia and distributing to said Department the above duties and functions of said Executive Branch; defining such powers, duties

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and functions and coordinating the same; and fixing salaries, terms of office, method of appointment and duties and qualifications of the personnel in charge thereof; by defining the State Department of Public Welfare as an institution of the State of Georgia within the meaning of the Constitution of the State as codified in Section 2-4901 of the 1933 Code of Georgia; by defining terms used in this Act, by providing for a Director and a State Board and their duties, by providing for activities of the State Department and a Department and County Organization with County Boards, County Directors, county staffs, and their respective duties, by providing for county and State appropriations, and for the State and County Directors to be bonded; by authorizing the Department to cooperate with the agencies and instrumentalities of the Federal Government in administering all of the provisions of Titles, 1, 4, 5 (Part 3) and 10 of Public Number 271, Seventy-Fourth Congress, House Resolution 7260, being the Federal Social Security Act, with any amendment which may subsequently be enacted by the Congress of the United States; to authorize the creation within the Public Welfare Department of a Board of Trustees for the Milledgeville State Hospital and other eleemosynary institutions of the State, and, if created, to define its duties and powers; to permit said Public Welfare Department to certify and approve hospitals eligible to render hospital service under any group non-profit hospital insurance plan and to authorize said department to withdraw approval from any such hospital in its discretion and to provide for the rules and regulations controlling said hospitals in connection with the administration of their affairs; to limit the gross expenses assessed against a county for the administration of this Act; to restrict the sale of supplies or other items to the institutions benefited by this Act, by providing that no interested supervisor or member of the State or County Board shall be authorized to sell supplies to

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said institutions; by providing a saving clause and a short title; and repealing all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is enacted by authority of the same, as follows: Section 1. Definitions. As used in this Act, State Department means the State Department of Public Welfare: State Board means the State Board of Public Welfare: Director means the Director of the State Department of Public Welfare: County Department means the County or District Department of Public Welfare: County Board means the County or District Board of Public Welfare: County Director means the Director of the County or District Department of Public Welfare. Definitions. Section 2. State Department of Public Welfare. There is hereby created a State Department of Public Welfare which shall consist of a State Board of Public Welfare, a Director of Public Welfare, and such officers and employees as may be hereinafter authorized. The State Department of Public Welfare is hereby declared to be an institution of the State of Georgia within the meaning of that term as defined in the Constitution and as codified in Section 2-4901 of the 1933 Code of Georgia, and as such institution, is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly of Georgia and by the respective counties of said State and by the United States Government through its appropriate agencies and instrumentalities for the purpose of distributing old-age assistance and all other benefits provided for in this Act. Department created as State institution. Section 3. State Board of Public Welfare. The State Board shall consist of the Director of said Board and six additional members, one of which said members shall be a medical doctor in active practice and one a dentist in

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active practice appointed by the Governor on the basis of recognized interest and knowledge of the problems of Public Welfare. The Governor is required by this Act to select and appoint from the ten Congressional Districts of this State the members of said State Board so that as far as practical a member of said State Board shall reside in the north, south, east and west parts of the State and shall as far as practical represent the various sections of the State. The members of the State Board shall be appointed for terms as follows: The Director thereof shall be appointed for a term of two years; the terms of the remaining six members of the Board shall be three for terms of one year and three for terms of three years, respectively, in the first instance, and thereafter upon the expiration of such terms, successors shall be appointed for a term of three years each. Members of the State Board, with the exception of the Director, shall receive no compensation for their services other than the amount of their traveling and other expenses incurred in the performance of their official duties. Board members. Appointment. Terms of office. Section 4. Duties of the State Board. It shall be the duty of the State Board to serve as an advisory and policy forming Board advising with the director regarding the adoption of all policies, rules, and regulations for the State Department. The State Board in consultation with the director shall have the power and it shall be their duty to fix minimum standards of service and personnel, and to formulate salary schedules for the classified service based upon training, experience, and general ability of persons selected for positions in the State Department and County Departments of Public Welfare hereinafter created. Duties. Section 5. Duties of the Director. The director shall be appointed by the Governor on the basis of his training, ability, and experience in public welfare administration. His term shall run concurrently with that of the Governor and his salary shall be fixed at the sum of $6,000.00 per annum. Said director shall give bond for the faithful performance

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of his duties and the faithful accounting of all moneys coming into his hands as such director in such a manner and under such terms and conditions as may be prescribed and provided for by the Comptroller-General of the State of Georgia. The director shall serve as the executive and administrative officer of the State Department. He shall prepare and submit to the State Board for its approval an annual budget of all funds necessary to be appropriated by the Legislature for the State Department for the purposes of this Act, including in such budget an estimate of Federal funds which may be allotted to the State by the Federal Government for the purposes of this Act. He shall prepare annually a full report of the operations and administration of the State Department together with recommendations and suggestions, and such report shall be submitted to the Governor not later than three months after the close of the fiscal year. The Director shall appoint such personnel as may be necessary for the efficient performance of the duties prescribed in this Act. Director's duties. Section 6. Activities of the State Department. The State Department shall be charged with the administration or supervision of all county welfare departments of the State as hereinafter provided. The State Department shall: Administration duties. (1) Administer or supervise all forms of public assistance including general home relief, outdoor and indoor care for persons in need, old-age assistance, aid to dependent children, aid to the blind or otherwise handicapped; the operation of State charitable and eleemosynary institutions; the supervision of agencies and institutions caring for dependent or mentally or physically handicapped or aged adults; approval of the incorporation of charitable agencies; and such other welfare activitives or services as may be vested in it; Public assistance. (2) Administer or supervise all child welfare activities, including those services as provided for in Public Number

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271, Title 5, (Part 3) as enacted by the 74th Congress of the United States in House Resolution 7260, the importation of children; licensing and supervising of private and local public child caring agencies and institutions; the care of dependent, neglected, and delinquent children in foster family homes, or in institutions, the protection of children for adoption or those of illegitimate birth; the operation of State institutions for children and cooperation in the supervision of juvenile probation; Child welfare. (3) Cooperate with the Federal Government, its agencies or instrumentalities, in establishing, extending and strengthening services for the protection and care of homeless, dependent, and neglected children and children in danger of becoming delinquent, and to receive and expend all funds made available to the department by the Federal Government or State, or its political subdivisions, for such purposes; Cooperation. (4) Administer or supervise all mental hygiene work, including the operation of all State institutions for the care of mentally ill or feeble-minded persons, and of non-institutional care for this group; Mental hygiene. (5) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the State, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; Penal institutions. (6) Provide services to county governments including the organization and supervision of county welfare departments for the effective administration of welfare functions, and the compilation of statistics and necessary information relative to public welfare problems throughout the State; County departments. (7) Prescribe qualifications and salary standards for welfare personnel in State and county welfare departments; Standards.

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(8) Assist other departments, agencies and institutions of the State and Federal Government, when so requested, by performing services in conformity with the purpose of this Act; Assistance. (9) Act as the agent of the Federal Government in welfare matters of mutual concern in conformity with this Act and the administration of any Federal funds granted to the State to aid in the furtherance of any functions of the State Department; Federal agency. (10) Under rules and regulations prescribed by the State Department, designate county departments to serve as agents in the performance of all State welfare activities in the county; County agency. (11) Administer such additional welfare functions as are hereby or hereinafter may be vested in it by law; (12) Administer the payment of pensions to ex-Confederate soldiers and sailors and their dependents and perform all of the duties and responsibilities therewith which have heretofore been under the supervision and jurisdiction of the Veterans Service Office under and by virtue of Title 78, Chapter 78-201 of the 1933 Code of Georgia and as may hereafter be more specifically provided for in Section 19 of this Act; Pensions. (13) Have the right which is hereby vested in said State Department to designate private institutions as State institutions, and contract with such private institutions for such activities, in carrying out the provisions of this Act, as the Department may deem necessary from time to time, and to exercise such supervision and cooperation in the operation of such designated private institutions and/or agencies, so designated, as the Department may deem necessary; Private institutions. (14) Have the right and authority to accept gifts or donations with full power to execute in connection with such

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gifts and donations for welfare purposes as may be prescribed by the donors thereof; Gifts. (15) Be empowered with authority to delegate in whole or in part the operation of any institution or other activity of this Department to any other appropriate Department or Agency of the State, County, or Municipal Governments and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this Act. Delegation and cooperation. (16) Be empowered with authority to create and establish a Board of Trustees for the Milledgeville State Hospital, and/or any other eleemosynary institution of the State, with general representation from each Congressional District of the State on any board which may be established; such board or boards to be empowered with duties and authority delegated to them by the State Department and to function under the direction of the State Department, and to cooperate with the State Purchasing Department in connection with the purchasing of supplies and necessities for such institution or institutions; such Board or Boards in the discretion of the State Department to be established whenever and/or wherever practicable and advisable for the operation of such institution or institutions. Trustees of State Hospital, etc. (17) Certify and approve such hospitals applying therefor, which may be found to be eligible to render hospital service under any group non-profit hospital insurance plan, which may be approved and become effective, and supervise the services rendered by hospitals operating under such plan, with authority to withdraw approval from any hospital which subsequently may under rules and regulations of the State Department become ineligible for rendering such services, provided that in fixing rules and regulations in this connection, or in enforcing such rules, hospitals interested therein shall be given opportunity to be heard. Hospital service.

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Section 7. Department Organization. There shall be created in the department such divisions as the State Department may find necessary for the effective administration of the State Department. The director shall have the power to allocate and reallocate functions among the divisions within the Department with the advice of the State Board. Organization. Section 8. State Grants-In-Aid. In administering any funds appropriated or made available to the State Department for welfare purposes, the State Department shall have the power: Powers. (1) To require as a condition for receiving grants-in-aid that the county shall bear the proportion of the total expense of furnishing aid, as is fixed by the law relating to such assistance; Aid to counties. (2) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; Enforcement. (3) To administer and disburse any and all funds which may be allocated by any municipality of the State or private organization or society, for such purposes as may be designated by such municipality or other agency; and provided that in the distribution or use of such funds a reasonable percentage for administrative costs may be used therefrom not to exceed 10% of the total sum thus administered. Administration of funds. Section 9. County Departments. There shall be established in each county of the State a County Department of Public Welfare which shall consist of a county board of public welfare, a county director of public welfare, and such additional employees as may be necessary for the efficient performance of the welfare services of the county. With the approval of the State Department, two or more counties may, however, unite and form a district department of public welfare, in which case each county composing the

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districts shall appoint a county board of public welfare as hereinafter provided, and those boards acting together shall constitute the district board and shall select one director of public welfare and administrative staff to serve the entire district. All duties and responsibilities set forth in this Act for county departments of public welfare shall also apply to district departments of Public Welfare. County Departments. Section 10. County Boards. The County Board of Public Welfare shall consist of five members appointed by the County Commissioner or Board of Commissioners, or the constituted fiscal or financial agent of each respective county with the approval of the State Department, provided that no elected officer of the State or any subdivision shall be eligible for such appointment. Two members of the county board shall serve for terms of two years and three members shall serve for terms of three years in the first instance, and thereafter all members of the county board shall serve for three years. Appointments to fill vacancies caused by death, resignation or removal before the expiration of such term shall be made for the residue of such term in the same manner as herein provided for original appointments. The members of the county board shall serve without compensation except that they shall be reimbursed for the amount of their traveling and other expenses actually incurred in the performance of their official duties. In the event that any County Board is not named within a reasonable time as provided for in this section, then the director of the State Department may name such County Board of the same number of members who may serve until a permanent County Board is named as provided for herein. Provided, however, the gross expenses so assessed against a county shall not exceed the amount of the budget of said county previously set aside and levied by said county authorities for said purpose. County Boards. Section 11. Duties of the County Board of Public Welfare. It shall be the duty of the County Board of Public

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Welfare to appoint a County Director of Public Welfare, who shall meet the qualifications prescribed by the State Department. The tenure of the county director shall be at the pleasure of the county board and the salary of the county director shall be fixed by the county board in accordance with the salary schedule prescribed by the State Department. The County Director shall give bond for the faithful performance of his duties and the faithful accounting of all moneys coming into his hands as such director, in such a manner and under such terms and conditions as may be prescribed by the State Department. Duties. Office tenure. Bond. Section 12. Duties of the County Director. The County Director shall serve as the executive and administrative officer of the county department and shall be secretary of the county board. He shall prepare and submit to the county board for its approval an annual budget of all funds necessary for the county department. He shall prepare annually a full report of the operations and administration of the county department. The county director, with the approval of the county board, shall appoint such a staff as may be necessary to administer welfare activities within his county and to perform all other duties required of him. County director's duties. Section 13. Activities of the County Department. Subject to the rules and regulations of the State Department, the County Department of Public Welfare shall be charged with the administration of all forms of public assistance in the county including home relief, indoor and outdoor care for those in need, aid to dependent children, old-age assistance, aid to the blind and otherwise handicapped, the care and treatment of dependent, neglected, delinquent and handicapped children, and such other welfare activities as shall be delegated to it by the State Department of Public Welfare or by the County Commissioners. The county department shall also investigate and pass upon all applications for admission to and discharge from county institutions

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which provide care and treatment for indigents. If appointed by a court of competent jurisdiction, the Department of Public Welfare shall perform under the supervision of such court the function of probation officer or agent of the court in any welfare or penal matters which may be before it. County Department functions. Section 14. County Staff. Staff appointments shall meet the qualifications prescribed by the State Department. The salaries of the members of the staff shall be fixed by the county board in conformity with the salary schedule prescribed by the State Department. County staff. Section 15. County Appropriations. The County Commissioner or Board of Commissioners, or the constituted fiscal or financial agent of the county shall make appropriations to maintain the necessary welfare service within the county and to defray the cost of the administration of these services. In the case of a district welfare department, each county forming a part of said district shall appropriate funds necessary to care for the welfare activities of the individual county, and the administrative expenses of the district department shall be defrayed by all of the counties in said district in the proportion that the population of each county bears to the population of the entire district. Ninetenths of the administration cost of the County Department shall be reimbursed to the county by the State Director of Public Welfare from funds appropriated or made available for this purpose, if the county department is operated in accordance with rules and regulations prescribed by the State Department. For the purpose of this Act, administrative expenses shall mean salaries of the Director of Public Welfare and other employees of the staff of the county department engaged in the performance of welfare services for which the State makes contribution, and the necessary traveling expenses of the county board and the administrative staff in the performances of the aforesaid services. Suitable office space and necessary equipment and supplies shall

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be provided for the county department by the County Commissioner or County Commissioners, or the constituted fiscal or financial agent of each respective county. Provided: the gross expenses assessed against any county shall be not in excess of the amount available in accordance with the provisions of Section 10 of this Act. Appropriations by counties. Section 16. State Appropriations. For the purpose of carrying out the duties and obligations of the State Department for performance of welfare services of the State; for administration costs; for matching such Federal funds as may be available for all of the aforesaid services; for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under the terms of this Act; and for dispensing all of the benefits provided for under the terms of this Act, the General Assembly shall make appropriations out of the general fund of the State or otherwise for the various and separate activities of the State Department. Be it further enacted that the department is authorized to pay the expenses incurred in assembling the necessary data used in preparing this bill and establishing the State Department of Public Welfare on a basis whereby it may be permitted to cooperate in the instances provided herein with the Federal Social Security Board, and the preliminary expenses of drafting this legislation necessary for participation of the State of Georgia in the Social Security program of the Government of the United States. All funds appropriated or allocated to the State Department or to the county departments by the General Assembly of Georgia and the fiscal authorities of the respective counties and by the Federal Government of the United States, through its appropriate agencies and instrumentalities, are hereby declared to be funds provided for a public purpose and all appropriations provided for herein and hereafter may be expended and distributed by

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the State Department for the purposes provided for under the terms of this Act. Appropriations by State. Section 17. Abolition of Board of Public Welfare. The Board of Public Welfare created and established by an Act approved August 18, 1919 (Act 1919, Pages 222-228) which board subsequently is transferred to and vested in the Board of Control of eleemosynary institutions by Section 44-A of an Act approved August 28, 1931, creating the Board of Control, is hereby abolished. Such activities and authority as have heretofore been carried on by said Board and not in conflict with the present Act, are hereby transferred to and vested in the State Department of Public Welfare of Georgia. Board of Public Welfare abolished. Section 18. Abolition of Board of Control and Transfer of Functions Heretofore Performed by said Board of Control. The Board of Control of Eleemosynary Institutions heretofore created under and by virtue of an Act approved August 28, 1931 (Acts 1931, Pages 7, 15) is hereby abolished. The activities, authority, and delegated duties which have heretofore been carried on by the Board of Control and defined in detail in Title 35 in its entirety of the 1933 Code of Georgia are hereby transferred and removed to the State Department of Public Welfare and all of such functions and activities heretofore entrusted to such Board of Control of Eleemosynary Institutions shall hereafter be administered through the State Department as created in this Act; Provided, however, that effective July 1, 1937, the authority and duties in supervising and conducting the management of the State Tuberculosis Sanatorium, as laid down in Chapter 35-4 of the 1933 Code of Georgia are hereby transferred and removed to the State Board of Health of Georgia. Board of Control abolished. Section 19. Transfer of Supervision of Ex-Confederate Soldiers and Sailors and dependents. All of those duties which have heretofore devolved upon the Veterans Service

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Office and the Director of the Veterans Service Office under and by the virtue of Title 78, Chapter 78-2 of the 1933 Code of Georgia, having to do with the administration of pensions to ex-Confederate soldiers and sailors and their dependents are hereby removed from the supervision and administration of the Veterans Service Office and are vested in the State Department of Public Welfare and hereafter all of those functions pertaining to such ex-Confederate soldiers and sailors and dependents as prescribed and laid down in Chapter 78-2 of the 1933 Code of Georgia are hereby designated as a part of the duties of the State Department of Public Welfare, which department is hereby vested with the responsibility of administering all of such functions. The Director of the State Department of Public Welfare is hereby substituted for the Director of the Veterans Service Office in connection with the administration of the duties provided for in Chapter 78-2 of the 1933 Code of Georgia, and wherever a duty devolves upon the ordinary of the respective counties of the State in said chapter, such duty is hereby transferred to and shall hereafter be administered by the county director in each respective county. Confederate Veterans, etc. Transfers of supervision. Section 20. Saving Clause. If any section or portion of this Act shall be held unconstitutional, the remaining provisions shall be given full force and effect as completely as if the part held unconstitutional had not been included herein. Constitutionality. Section 20-a. That no individual, supervisor, or member of the State or County Boards herein created, having to do with the administration of this Act, shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this Act. Sales of supplies. Section 21. Short Title. This Act may be cited as The Welfare Reorganization Act of 1937.

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Section 22. Repeal of Existing Laws. All provisions of the law, and parts of laws, in conflict with this Act are hereby repealed. Approved February 26, 1937. PUBLIC WELFARE DEPARTMENT POWERS. No. 364. An Act to authorize and empower the State Department of Public Welfare to cooperate with the Federal Government through its appropriate agency or instrumentality in supervising the administration of a program of services for children who are crippled or who are suffering from conditions which lead to crippling; to receive and expend grants of Federal or other money for the above purposes in accordance with such provisions and regulations made therefor; to designate the State Department of Public Welfare as the official agency of the State of Georgia or the administration of the State program for services for crippled children; 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. The State Department of Public Welfare is hereby designated as the agency of the State of Georgia to supervise the administration of a program of services for children who are crippled or who are suffering from conditions which lead to crippling. The purpose of such program shall be to develop, extend and improve services for locating such children, and for providing for medical, surgical, corrective and other services and care, and for facilities for diagnosing, hospitalization and after care. Crippled children. Services. Section 2. The State Department of Public Welfare is hereby authorized:

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(a) To formulate and administer a detailed plan or plans for the purposes specified in Section 1, and make such rules and regulations as may be necessary or desirable for the administration of such plans and the provisions of this Act. Plans. (b) To receive and expend in accordance with such plans all funds made available to the department by the Federal Government, the State or its political subdivisions or from other sources for such purposes. Funds. (c) To cooperate with the Federal Government through its appropriate agency or instrumentality in developing, extending and improving such services and in the administration of such plans. Cooperation. (d) To delegate the authority provided for in this Act as heretofore authorized to said Department in Section 6, Subsection 15, of the Welfare Reorganization Act of 1937. Delegation of authority. Section 3. All provisions of law in conflict with the provisions of this Act are hereby repealed. Approved March 29, 1937. RADIO COMMISSION ESTABLISHED. No. 477. An Act to establish the Georgia Radio Commission; to provide for their appointment and term of office; to prescribe their duties; to provide for the improvement and development of the Georgia Radio Broadcasting Station, WGST, at Georgia Tech, and any other radio broadcasting stations hereafter acquired and owned by the State; to provide for the advertisement of the natural resources and other assets of the State, agricultural information, scientific and medical information, crime prevention and any other advertisement in the

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discretion of the Commission; to authorize the operation of said State-owned radio station or stations by the Commission on behalf of the State; to authorize the allotment of time for broadcasts and general supervision of broadcast programs by the Commission; to authorize the Commission to lease said station or stations; to accept donations; to acquire land; make contracts; to deal with the Federal Radio Commission in the name of and in behalf of the State in securing desirable wave lengths and power and other privileges essential to the development of said broadcasting station or stations; to nullify any outstanding contract or lease affecting Station WGST unless same has been approved by the General Assembly; to define the powers of the Georgia Radio Commission; and to give the Commission the right to sue and be sued; and to require reports by said Commission to the General Assembly; 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. Georgia Radio Commission Established. There is hereby established the Georgia Radio Commission to be composed of seven members, including the Governor, the President of the Senate, the Speaker of the House, the president of Georgia Tech, and three other members to be named by the Governor. Commission membership. Section 2. Term of Office. The Term of office of the Governor, the President of the Senate and the Speaker of the House, shall be for the duration of their official terms of office and their respective successors in office shall automatically succeed them as members of this Commission. The president of Georgia Tech shall hold membership on the Commission during his term as such president and shall be succeeded by his successor as president of the institution. The three members to be named by the Governor

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shall each serve for a period of four years and their successors shall likewise serve for terms of four years each. Terms of office. Section 3. Compensation. None of the members of the Commission shall be paid a salary but the Commission is authorized to pay from any funds available the actual expenses incurred in the performance of their duties on said Commission, together with a per diem of $7.00 each; Provided, however, that the Governor and the president of Georgia Tech shall not be paid a per diem. Expenses. Section 4. Specific Duties of the Commission. It shall be the duty of the Georgia Radio Commission to take charge of Radio Station WGST and any other radio station hereafter acquired by the State and to manage the improvement, development and operation of said broadcasting station or stations. The Commission is empowered to negotiate either with the Federal Communication Commission or other authorities of the Federal Government necessary to secure rights, powers and privileges for increasing the power and efficiency of said broadcasting station or stations to the highest point possible with the finances and means available for that purpose. They are authorized to receive donations and grants and to accept from any of the departments or institutions of the State government financial assistance. They are authorized to expend any money available for the development of said station or stations. The Commission is empowered to make allotments of broadcasting time on such station or stations and to provide for the Department of Agriculture to broadcast farm, agricultural and market information, and such other information as will be beneficial and helpful to the farmers of this State. They are authorized to allot broadcasting time to the Department of Health which shall be used for the purpose of improving the department and the public health of the State. They are authorized to allot broadcasting time to the Department of

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Education and other education institutions of the State to be used in broadcasting information designed to advance and improve the education of this State. They are authorized to allot broadcasting time to any law enforcement agencies of the State to be used for the purpose of broadcasting information designed to prevent and detect crime and to apprehend criminals. They are authorized to allot broadcasting time to the Highway Department to be used to broadcast information pertaining to the highways of the State and information designed to promote safety on the highways of the State. They are authorized to allot time to any institution to be used for the purpose of broadcasting information pertaining to scientific research, medical treatment or health improvement, whether such institution be a State institution or not. They are authorized to use so much time as they may choose for broadcasting information that will advertise favorably the resources and assets of the State of Georgia. They are authorized to allot braodcasting time to any other department, bureau or institution of the State in such manner as the Commission may require. It is the purpose of this legislation to confer full, complete and exclusive power upon said Commission to develop, operate and handle said Broadcasting Station WGST and any other broadcasting stations hereafter acquired by the State and to this end the Commission is authorized to operate said station or stations or lease the same to private individuals in their discretion; Provided, however, that whether operated by the Commission or a lessee said Commission is enjoined hereto to provide for broadcasting time on such station sufficient for the purposes hereinabove set out and in any event said radio stations shall be used for the purpose of advertising the advantages of this State, crime prevention, health improvement, highway and safety information, agricultural and farm information as set out above and said Georgia Radio Commission shall have such jurisdiction over all radio stations in Georgia as is exercised by the Federal Radio or

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Communication Agencies. The Commission is hereby authorized to purchase or acquire additional stations and lands and to make application for additional franchises for radio broadcasting stations. Duties specified. Section 5. General Powers of the Commission. The Georgia Radio Commission shall have such general power as may be necessary to fully and completely carry out the purposes of this Act, including the right to sue and be sued. Powers. Section 6. Existing Leases or Contracts. No lease or contract respecting Radio Station WGST now outstanding shall be binding on the Georgia Radio Commission hereby created, unless said lease or contract was executed by agents of the State authorized by law to execute same and has heretofore been approved by the General Assembly of Georgia. Lease or contract not binding. Section 7. No State Debt Created. The Commission is authorized and empowered to make such financial arrangement as they desire either with the departments of the State in consideration of the right to broadcast by such department as hereinbefore authorized or elsewhere for finances necessary to the proper development and equipment of said broadcasting station or stations; Provided, that in no event and under no circumstances are they authorized to create on behalf of the State a debt and it is hereby expressly declared the intention of the General Assembly that said Commission shall not have power to obligate and bind the State of Georgia for any debt for said purposes or otherwise. Said Commission may, however, with this express limitation proceed in any manner it wishes to negotiate leases or contracts dealing with said broadcasting station or stations by the terms of which it may receive funds with which such development and improvement might be made. No State debt. Leases or contracts.

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Section 8. Finances. The Commission is hereby authorized and directed to use all receipts from every source for the purpose of improving and developing said broadcasting station or stations and for the purpose of advertising the State of Georgia as hereinbefore provided and to pay all expenses and salaries, including engineering and legal services necessary to the full development of said station or stations and after all of such expenses have been fully met from the receipts any balance remaining to be conveyed into the Treasury as General Fund. Provided, that the Georgia Radio Commission shall in whatever manner necessary preserve and protect fully the purpose and wish of Hon. Clark Howell, the donor of Station WGST, in providing an endowment fund for the donee, Georgia School of Technology, and to this end they are empowered to determine a present value and pay that amount of endowment or else pay an annual percentage thereof to the donee, Georgia School of Technology as at present. Use of receipts. Howell endowment fund. Section 9. Report. The Georgia Radio Commission shall submit at each regular or special session of the General Assembly of Georgia a report in detail of all its acts together with a full financial report of all its receipts and disbursements and authenticated copies of all its contracts and leases and in said report the Commission shall make such recommendation for legislation as it thinks advisable. Reports. Section 10. Naming Station. The Georgia Radio Commission is hereby empowered and directed to select and give to said broadcasting station or stations such appropriate name or names as it shall choose and when so named the station or stations shall thereafter be designated by such name or names. Provided, if changes are made in Station WGST, the name call at present used in accordance with the wish of the benefactor shall be retained as follows, Station....., the Georgia School of Technology. Name of station.

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Section 11. Repealing Clause. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. SOIL CONSERVATION. No. 339. An Act to declare the necessity of establishing soil conservation districts, to engage in conserving soil resources and preventing and controlling soil erosion; to establish the State Soil Conservation Committee, and to define its powers and duties; to provide for the establishment of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for discontinuance of such soil conservation districts, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Short Title. This Act may be known and cited as the soil conservation districts law. Title of Act. Section 2. Legislative Determinations, and Declaration of Policy. It is hereby declared, as a matter of legislative determination: Purpose. a. The Condition. That the farm, forest and grazing lands of the State of Georgia are among the basic assets of the State and that the preservation of these lands is

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necessary to protect and promote the health, safety and general welfare of its people; that improper land-use practices have caused and have contributed to, and are now causing and contributing to a progressively more serious erosion of the farm and grazing lands of this State by wind and water; that the breaking of natural grass, plant, and forest cover has interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion; that the topsoil is being washed and blown out of fields and pastures; that there has been an accelerated washing of sloping fields; that these processes of erosion by wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any landowner or occupier to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible. Lands of the State. b. The Consequences. That the consequences of such soil erosion in the form of soil washing and soil blowing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors; the loss of fertile soil material in dust storms; the piling up of soil on lower slopes, and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wild life; a blowing and washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which

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causes water shortages, intensifies periods of drought, and causes crop failures; an increase in the speed and volume of rainfall run-off, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming, and grazing. Erosion. c. The Appropriate Corrective Methods. That to conserve soil resources and control or prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices be adopted and carried out; that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land irrigation, seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; the addition of soil amendments, manural materials and fertilizers for the correction of soil deficiencies or for the promotion of increased growth of soil protecting crops; retardation of run-off by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded. Correction. d. Declaration of Policy. It is hereby declared to be the policy of the Legislature to provide for the conservation of the soil and soil resources of this State, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment

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of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wild life, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this State. Policy. Section 3. Definitions. Wherever used or referred to in this Act, unless a different meaning clearly appears from the context: (1) District or soil conservation district means an agency of this State organized in accordance with the provisions of this Act, for the purposes, with the powers, and subject to the restrictions hereinafter set forth. Definitions. (2) Supervisor means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this Act. (3) Committee or State Soil Conservation Committee means the agency created in Section 4 of this Act. (4) Land owner or owner of land includes any person, firm or corporation who shall hold legal or equitable title to any lands lying within a district organized under the provisions of this Act. (5) Land occupier or occupier of land includes any person, firm or corporation, other than the owner, who shall be in possession of any lands lying within a district organized under the provisions of this Act, whether as lessee, renter, tenant, or otherwise. (6) Qualified elector includes any person qualified to vote in elections by the people under the Constitution of this State. (7) Due notice means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no

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such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates. Section 4. State Soil Conservation Committee. a. There is hereby established, to serve as an agency of the State and to perform the functions conferred upon it in this Act, the State Soil Conservation Committee. The following shall serve, ex-officios, as members of the Committee; the director of the State Agricultural Extension Service; the director of the Georgia Agricultural Experiment Station located at Experiment, Georgia; and the director of the Georgia Coastal Plains Experiment Station located at Tifton, Georgia, and the Governor of Georgia. The Committee shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this Act. Committee a State Agency. b. The State Soil Conservation Committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. The Committee may call upon the Attorney-General of the State for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper, and the Committee is authorized to furnish information as well as call upon any or all State or local agencies for cooperation in carrying out the provisions of this Act. Officer and experts.

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c. The Committee shall designate one of its members as chairman, and may, from time to time, change such designation. A member of the Committee shall hold office so long as he shall retain the office by virtue of which he shall be serving on the Committee. A majority of the Committee shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The members of the Committee shall receive no compensation for their services on the Committee, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the Committee. The Committee shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Chairman. Quorum. Expenses. Bonds. d. In addition to the duties and powers hereinafter conferred upon the State Soil Conservation Committee, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs. Duties and powers. (2) To keep the supervisors of each of the several districts organized under the provisions of this Act informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them. (3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation.

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(4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies and counties of this State, in the work of such districts. (5) To disseminate information throughout the State concerning the activities and programs of the soil conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable. Section 5. Creation of Soil Conservation Districts. a. Any 25 owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the State Soil Conservation Committee asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth: Districts. (1) The proposed name of said district; (2) That there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory described in the petition; Petitions. (3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate; (4) A request that the State Soil Conservation Committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the Committee determine that such a district be created. Where more than one petition is filed covering parts of the same territory the State Soil Conservation Committee may consolidate all or any such petitions.

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b. Within 30 days after such a petition has been filed with the State Soil Conservation Committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings, taken under this Act, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the Committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the Committee shall give due weight and consideration to the topography of the area considered and of the State, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such

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boundaries, the relation of the proposed area to existing water sheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this Act, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in Section 2 of this Act. The territory to be included within such boundaries need not be contiguous. If the Committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon. Notice of hearing. Determination. c. After the Committee has made and recorded a determination that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this Act is administratively practicable and feasible. To assist the Committee in the determination of such administrative practicability and feasibility, it shall be the duty of the Committee within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words, For creation of a soil conservation district of the lands

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below described and lying in the county (ies) of.....,..... and..... and Against creation of a soil conservation district of the lands below described and lying in the county (ies) of....., and..... shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the Committee. All owners of lands lying within the boundaries of the territory, as determined by the State Soil Conservation Committee, shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. Referendum. d. The Committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. Expenses. Regulations. e. The Committee shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the Committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the Committee shall determine that the operation of such district

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is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the Committee shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of land owners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land owners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in Section 2 of this Act; Provided, however, that the Committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district. Publication and record of determination. f. If the Committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two supervisors to act, with the three supervisors elected as provided hereinafter, as the governing body of the district. Such district shall be an agency of this State, upon the taking of the following proceedings: Supervisors. The two appointed supervisors shall present to the Secretary of State an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (1) that a petition for the creation of the district was filed with the State Soil Conservation Committee pursuant to the provisions of this Act, and that the proceedings specified in this Act were

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taken pursuant to such petition; that the application is being filed in order to complete the organization of the district under this Act; and that the Committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this State to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer's presence. The application shall be accompanies by a statement by the State Soil Conservation Committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the Committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the Committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the Committee. Application to Secretary of State. The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district is not identical with that of any other soil conservation

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district of this State or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the Secretary of State shall find that the name proposed for the district is identical with that of any other soil conservation district of this State, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the State Soil Conservation Committee, which shall thereupon submit to the Secretary of State a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the Secretary of State shall record the application and statement, with the name so modified, in an appropriate book of record in his office. The Secretary of State shall make and issue to the said supervisors a certificate, under the seal of the State, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the State Soil Conservation Committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this Act. Record and certificate. g. After six months shall have expired from the date of entry of a determination by the State Soil Conservation Committee that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant of such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this Act. Later action. h. Petitions for including additional territory within an existing district may be filed with the State Soil Conservation Committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The

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Committee shall prescribe the form for such petition, which shall be as nearly as may be in the form prescribed in this Act for petitions to organize a district. Where the total number of land owners in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the land owners of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusion, all owners of land lying within the proposed additional area shall be eligible to vote. Additional territory. i. In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this Act upon proof of the issuance of the aforesaid certificate by the Secretary of State. A copy of such certificate duly certified by the Secretary of State shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof. Suits. Section 6. Election of Three Supervisors for Each District. Within 30 days after the date of issuance by the Secretary of State of a certificate of organization of a soil conservation district, nominating petitions may be filed with the State Soil Conservation Committee to nominate candidates for supervisors of such district. The Committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petitions shall be accepted by the Committee, unless it shall be subscribed by 25 or more qualified electors of such district. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for supervisor. The Committee shall give due notice of an election to be held for the election of three supervisors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated, shall appear, arranged in the alphabetical order of the surnames, upon ballots, with a

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square before each name and a direction to insert an X mark in the square before three names to indicate the voter's preference. All qualified electors residing within the district shall be eligible to vote in such election. The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district. The Committee shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof. Election of supervisors. Section 7. Appointment, Qualification and Tenure of Supervisors. The Governing body of the district shall consist of five supervisors, elected or appointed as provided hereinabove. The two supervisors appointed by the Committee shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder. Appointment of supervisors. The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three years, except that the supervisors who are first appointed shall be designated to serve for terms of one and two years, respectively, from the date of their appointment. A supervisor shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill and unexpired term, or for a full term, shall be made in the same manner in which the retiring supervisors shall, respectively, have been selected. A majority of the supervisors shall constitute a quorum and the concurrence of a majority of the supervisors in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled

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to expenses, including travel expenses, necessarily incurred in the discharge of his duties. Terms of office. Vacancies. The supervisors may utilize the services of the county agricultural agents and the facilities of the county agricultural agents' offices in so far as practicable and feasible and may with the approval of the State Committee employ additional employees and agents, permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. The supervisors may delegate to their chairman, to one or more-supervisors, or to one or more agents, or employees such powers and duties as they may deem proper. The supervisors shall furnish to the State Soil Conservation Committee, upon request, copies of such rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this Act. Services of agents. Information. The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisor may be removed by the State Soil Conservation Committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason. Bonds. The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county. Consultation.

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Section 8. Powers of Districts and Supervisors. A soil conservation district organized under the provisions of this Act shall be an agency of this State, and such district and the supervisors thereof, shall have the following powers, in addition to others granted in other sections of this Act; Provided, however, that before the supervisors shall have authority to exercise any of the powers conferred in this section they shall formulate and submit to the State Committee a program or programs of projects and operations and shall not undertake any of such work until after such program or programs shall have been approved in writing by the State Committee; and provided further, that the supervisors shall have authority to submit from time to time for the approval of the State Committee proposed changes in such program or programs: Powers. (1) To conduct surveys, investigations, and research relating to the character of soil erosion and the preventive and control measures needed, to publish the results of such surveys, investigations, or research, and to disseminate information concerning such preventative and control measures; Provided, however, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the government of this State or any of its agencies, or with the United States or any of its agencies; Research and surveys. (2) To conduct demonstrational projects within the district on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and occupiers of such lands or the necessary rights or interests in such lands, in order to demonstrate by example the means, methods, and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil blowing and soil washing may be prevented and controlled; Demonstrations.

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(3) To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and the measures listed in Subsection C of Section 2 of this Act on lands owned or controlled by this State or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owner and the occupiers of such lands or the necessary rights or interests in such lands; Control and prevention. (4) To cooperate, or enter into agreements with, and within the limits of appropriations duly made available to it by law, to furnish financial or other aid to, any agency, governmental or otherwise, or any owner or occupier of lands within the district, in the carrying on of erosion control or prevention operations within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this Act; Cooperation. (5) To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; to maintain, administer, and improve any properties acquired, to receive income from such properties and to expend such income in carrying out the purposes and provisions of this act; and to sell, lease, or otherwise dispose of any of its property or interests therein in furtherance of the purposes and the provisions of this Act; Provided, however, that title to all property acquired shall be taken in the name of the State of Georgia; Acquirement of lands. (6) To make available, on such terms as it shall prescribe, to land owners and occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, and such other material or equipment, as will assist such land owners and occupiers

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to carry on operations upon their lands for the conservation of soil resources and for the prevention or control of soil erosion; Assistance. (7) To construct, improve, and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this Act; Structures. (8) To develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district, which plans shall specify in such detail as may be possible, the acts, procedures, performances, and avoidances which are necessary or desirable for the effectuation of such plans, including the specifications of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices, and changes in use of land; and to publish such plans and information and bring them to the attention of owners and occupiers of lands within the district; Plans. (9) To take over, by purchase, lease, or otherwise, and to administer, any soil-conservation, erosion-control, or erosion-prevention project located within its boundaries undertaken by the United States or any of its agencies, or by this State or any of its agencies; to manage, as agent of the United States or any of its agencies, or of the State or any of its agencies, any soil-conservation, erosion-control, or erosion-prevention project within its boundaries; to act as agent for the United States, or any of its agencies, or for this State or any of its agencies, in connection with the acquisition, construction, operation or administration of any soil-conservation, erosion-control, or erosion-prevention project within its boundaries; to accept donations, gifts and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, or from this State or any of its agencies, or from others, and to use or expend such moneys, services, materials or other contributions in carrying on its operations; U. S. projects.

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(10) To have a seal, which seal shall be judicially noticed; to have perpetual succession unless terminated as hereinafter provided; to make and execute contracts and other instruments, necessary or convenient to the exercise of its powers; to make, amend and repeal, rules and regulations not inconsistent with this Act, to carry into effect its purposes and powers; Contracts. (11) As a condition to the extending of any benefits under this Act to, or the performance of work upon, any lands not owned or controlled by this State or any of its agencies, the supervisors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits, and may require land owners and occupiers to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon; Contributions. (12) No provisions with respect to the acquisition, operation, or disposition of property by public bodies of this State shall be applicable to a district organized hereunder unless the Legislature shall specifically so state. The property and property rights of every kind and nature acquired in the name of the State of Georgia by any district organized under the provisions of this Act shall be exempt from State, county, and other taxation. Tax exemption. Section 9. Adoption of Land-Use Regulations. The supervisors of any district shall have authority to formulate regulations governing the use of lands within the district in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The supervisors shall not have authority to adopt such land-use regulations until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations

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to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have considered the result of such referendum; Provided, however, that no such proposed regulations shall be submitted in any such referendum until after they have been submitted to and approved in writing by the State Committee. Copies of such proposed regulations shall be available for the inspection of all eligible voters during the period between publication of such notice and the date of the referendum. The notices of the referendum shall recite the contents of such proposed regulations, or shall state where copies of such proposed regulations may be examined. The question shall be submitted by ballots, upon which the words For approval of proposed land-use regulations for conservation of soil and prevention of erosion and Against approval of proposed land-use regulations for conservation of soil and prevention of erosion shall appear, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose approval of such proposed regulations. The supervisors shall supervise such referendum, shall prescribe appropriate regulations governing the conduct thereof, and shall publish the result thereof. All owners of lands within the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. Regulations. Referendum. The supervisors shall not have authority to adopt such proposed regulations unless at least a majority of the votes cast in such referendum shall have been cast for approval of the said proposed regulations. The approval of the

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proposed regulations by a majority of the votes cast in such referendum shall not be deemed to require the supervisors to adopt such proposed regulations. Land-use regulations adopted pursuant to the provisions of this section by the supervisors of any district shall be binding obligatory upon all owners and occupiers of land within such districts. Regulations binding. Any owner of land within such district may at any time file a petition with the supervisors asking that any or all of the land-use regulations adopted by the supervisors under the provisions of this section shall be amended, supplemented, or repealed. Land-use regulations adopted pursuant to the provisions of this section shall not be amended, supplemented, or repealed except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda on adoption, amendment, supplementation, or repeal of land-use regulations shall not be held more often than once in six months. Amendment or repeal. The regulations to be adopted by the supervisors under the provisions of this section may include: 1. Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches, and other necessary structures, having due regard to the legislative findings set forth in Section 2 of this Act; Provisions of regulations. 2. Provisions requiring observance of particular methods of cultivation including contour cultivating, contour furrowing, lister furrowing, sowing, planting strip cropping, changes in cropping systems, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and reforestation; having due regard to the legislative findings set forth in Section 2 of this Act;

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3. Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on, having due regard to the legislative findings set forth in Section 2 of this Act. The regulations shall be uniform throughout the territory comprised within the district except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type. Copies of land-use regulations adopted under the provisions of this section shall be printed and made available to all owners and occupiers of lands lying within the district. Section 10. Performance of Work Under the Regulations By the Supervisors. The supervisors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under the provisions of Section 9 of this Act are being observed. Where the supervisors of any district shall find that any of the provisions of land-use regulations adopted in accordance with the provisions of Section 9 hereof are not being observed on particular lands, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the Superior Court for the county or counties within which the lands of the defendant may lie, a petition, duly verified, setting forth the adoption of the land-use regulations, the failure of the defendant land owner or occupier to observe such regulations, and to perform particular work, operations or avoidances as required thereby, and that such non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other

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lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time and to order that if the defendant shall fail so to perform the supervisors may go on the land, perform the work or other operations or otherwise bring the condition of such lands into conformity with the requirements of such regulations, and recover the costs and expenses thereof, with interest, from the owner of such land. Upon the presentation of such petition, the court shall cause process to be issued aginst the defendant, and shall hear the case. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may dismiss the petition; or it may require the defendant to perform the work, operations, or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations or otherwise bring the conditions of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of 5% per annum, from the owner of such lands. Non-observance of regulations. Court action. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work pursuant to such order of the court the supervisors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the

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amount of such costs and expenses, with interest at the rate of 5% per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court. Jurisdiction. Section 11. Cooperation Between Districts. The supervisors of any two or more districts organized under the provisions of this Act may cooperate with one another in the exercise of any or all powers conferred in this Act. Cooperation. Section 12. State Agencies To Cooperate. Agencies of this State which shall have jurisdiction over, or be charged with the administration of, any State-owned lands, and of any county, or other governmental subdivision of the State, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this Act. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to Section 9 of this Act shall be in all respects observed by the agencies administering such publicly owned lands. Section 13. Discontinuance of Districts. At any time after five years after the organization of a district under the provisions of this Act, any 25 owners of land lying within the boundaries of such district may file a petition with the State Soil Conservation Committee praying that the operations of the district be terminated and the existence of the district discontinued. The Committee may conduct such public meeting and public hearings upon petition as may be necessary to assist it in the consideration thereof. Within 60 days after such a petition has been received by the Committee it shall give due notice of the

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holding of a referendum, and shall supervise such referendum, and issue appropriate regulations governing the conduct thereof, the question to be submitted by ballots upon which the words For terminating the existence of the.......... (name of the soil conservation district to be here inserted) and Against terminating the existence of the.......... (name of the soil conservation district to be here inserted) shall appear with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose discontinuance of such district. All owners of lands lying within the boundaries of the district shall be eligible to vote in such referendum. Only such land owners shall be eligible to vote. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted. Discontinuance. Referendum. The Committee shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the districts within the defined boundaries is administratively practicable and feasible. If the Committee shall determine that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition. If the Committee shall determine that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making such determination the Committee shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the districts, the number of land owners eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the discontinuance

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of the district to the total number of votes cast, the approximate wealth and income of the land owners and occupiers of the district, the probable expense of carrying on erosion control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Section 2 of this Act; Provided, however, that the Committee shall not have authority to determine that the continued operation of the district is administratively practicable and feasible unless a least a majority of the votes cast in the referendum shall have been cast in favor of the continuance of such district. Publication and record. Upon receipt from the State Soil Conservation Committee of a certification that the Committee has determined that the continued operation of the district is not administractively practicable and feasible, pursuant to the provisions of this section, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the State Treasury. The supervisors shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district, and shall transmit with such application the certificate of the State Soil Conservation Committee setting forth the determination of the committee that the continued operation of such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and that the proceeds paid over as in this section provided, and shall set forth a full accounting of such properties and proceeds of the sale. The Secretary of State shall issue to the supervisors a certificate of dissolution and shall record such certificate in an appropriate book of record in his office. Termination. Upon issuance of a certificate of dissolution under the provisions of this section, all land-use regulations theretofore

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adopted and in force within such districts shall be of no further force and effect. All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The State Soil Conservation Committee shall be substituted for the district or supervisors as party to such contracts. The Committee shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same rights and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had. Such dissolution shall not affect the lien of any judgment entered under the provisions of Section 10 of this Act, nor the pendency of any action instituted under the provisions of such section, and the Committee shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. Contracts. Judgment liens. The State Soil Conservation Committee shall not be required to entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with the provisions of this Act, more often than once in five years. Section 14. Separability Clause. If any provision of this Act, or the application of any provision to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. Legal invalidity. Section 15. Inconsistency With Other Acts. In so far as any of the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Inconsistency. Approved March 26, 1937.

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STATE ATHLETIC COMMISSION. No. 500. An Act to regulate boxing, sparring, and wrestling exhibitions in Georgia; to create a State Athletic Commission; prescribing its powers and duties; providing for licenses and permits for those conducting matches and exhibitions, the contestants and referees; limitations on number of licensed matches and when and where exhibitions are to be held; physical examination of contestants; excepting amateur matches and those held by schools and colleges; naming offenses by contestants; providing penalties for violation of the provisions thereof; providing compensation and expenses of the Commission; providing for tax on gross receipts of matches and exhibitions authorized; disposition of receipts and fees; authorizing municipal commissions to continue; repealing sections of an Act therein named; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That: Section 2. The Chairman of the State Athletic Commission to be known as the State Athletic Commission, consisting of five persons, one of whom shall be chairman of such Commission, all to be appointed by the Governor. The chairman and two of such Commissioners shall hold office for a term to expire January 1, 1941, and two for a term to expire January 1, 1939. Their successors shall be appointed for a term of four years, and all to serve until their successors are appointed and qualified. The Governor of the State of Georgia shall be an ex-officio member of said Athletic Commission. Commission created. Section 2. The Chairman of the State Athletic Commission shall receive a salary of twelve hundred ($1,200.00) dollars per year. The other Commissioners shall

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receive an amount not exceeding $7.00 per day for every day actually spent in the performance of their duties, and all Commissioners shall be paid their actual and necessary traveling and other expenses incurred by them in the performance of their official duties. Said salaries and compensation to be paid when, and in the manner authorized by the provisions of this Act. Chairman Salaries. Section 3. For the purpose of this Act the word person shall mean any individual, firm, club, organization, corporation, partnership or association; and the term match or exhibition mean and include any boxing, sparring or wrestling match or exhibition. Words defined. Section 4. The Commission may appoint, and at pleasure remove, a Secretary, whose duty it shall be to keep a full and true record of all its proceedings, and keep the books and records in the general office of the Commission, and to perform such other duties as the Commission may prescribe. The salary of the Secretary shall not exceed twenty-four hundred ($2,400.00) dollars per year. Secretary. Salary. Section 5. The Commission may employ such clerical employees, assistants, and inspectors as it may deem necessary, and shall fix their salaries and compensation. The Secretary and the employees of the Commission shall be reimbursed for all actual and necessary traveling expenses and disbursements incurred by them in the discharge of their official duties. Employees. Expenses. Section 6. The Commission shall maintain an office for the transaction of its business in the City of Atlanta, and may incur necessary expenses for office furniture, stationery, printing and other incidental expenses. Office expenses. Section 7. The Commission shall, within 30 days after its appointment, and on or before the first day of December of each year thereafter, organize, and shall adopt a seal for the Commission, and shall make such rules and regulations

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for the administration of the Commission, not inconsistent herewith, as they may deem expedient, and may from time to time amend such rules and regulations. Three members of said Commission shall constitute a quorum for the transaction of business, and the concurrence of at least three Commissioners shall be necessary to render a determination or decision by the Commission, except that in emergencies or in the absence of a majority of the Commissioners, the Chairman is authorized to act for and in behalf of the Commission. Organization. Regulations. Decisions. Section 8. The Commission shall annually make to the Legislature a full report of its proceedings for the year ending with the first day of the preceding December, and may submit with such report, such recommendations pertaining to its affairs as it shall deem desirable. Reports. Section 9. Boxing, sparring and wrestling matches or exhibitions for prizes or purses, or where an admission fee is charged or received, may be held within the State, except on Sunday, subject to the direction, management and control of the State Athletic Commission, which is hereby vested with the sole jurisdiction over all such matches and exhibitions to be conducted in this State; Provided, however, that any exhibitions which are conducted by any school, college or university, within any building or upon any grounds owned or occupied by said school, college or university, within the State, shall not be subject to the provisions of this Act, requiring licenses, as herein provided, even though an admission fee is charged; Provided, however, the term, school, college or university, does not include a school or other institution the principal purposes of which is to furnish instruction in boxing, wrestling or other athletics. Exhibitions. Schools not included. Section 10. No match or exhibition, except as herein provided, shall be held or conducted within this State, except under a license and permit issued by the State Athletic

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Commission, in accordance with the provisions of this Act, and the rules and regulations adopted in pursuance hereof. License. Section 11. The Commission may issue under the name and seal of the State Athletic Commission, an annual license in writing for holding such matches or exhibitions, to any person who complies with the provisions of this Act, and the rules and regulations of the Commission, and who in the discretion of the State Athletic Commission, is properly qualified for the holding of such match or exhibition, and shall have the right to, and are hereby put under the obligation of, adopting reasonable rules and regulations to establish the qualifications and the applicants for such licenses, which rules and regulations shall be such as to carry out the spirit of this Act and shall not be inconsistent herewith. Annual license. In addition to the license herein required, every person, before conducting any particular match or exhibition, where one or more contests are to be held, shall obtain a permit therefor from the State Athletic Commission, and such permit so issued shall authorize the conducting of one such match or exhibition, and any number of contests may be held thereat. Permit. Any person, club, corporation or association, or any officer of such club, corporation, or association, directly or indirectly, conducting a match or exhibition, without first obtaining such license and permit, and except in accordance with such license and permit, as provided in this Act, shall be guilty of a misdemeanor. Misdemeanor. Section 12. Applications for a license or permit to conduct any match or exhibition shall be made in writing upon forms prescribed by the State Athletic Commission, and shall be addressed to and filed with such Commission, and shall be verified by the applicant, or by some officer of the club, corporation, or association, in whose behalf the application is made, and shall set forth therein such facts as the provisions hereof and the rules and regulations of the Commission

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may require. Each applicant for an annual license shall, before such license is issued by the Commission, pay a fee not to exceed twenty-five ($25.00) dollars for each such annual license issued by the Commission. Application. Fee. Section 13. The Commission shall have full power and authority to limit the number of licensed promotions or matches and exhibitions to be held or given by any person and to regulate the place and time of holding same. Limit. Section 14. No person shall: (a) Engage in any match or exhibition on Sunday, or Forbidden acts. (b) Gamble, bet or wager on the result of or any contingency connected with any match or exhibition, or (c) Participate in any sham or fake match or exhibition where such match or exhibition is conducted by any licensed person, or (d) Violate any rule or regulation of the State Athletic Commission. If such person is a licensed contestant, he shall, for the first offense, in addition to such fine as might be imposed by the Commission, suffer a revocation of his license, and for the second offense be barred and disqualified from receiving a license or participating in any match or exhibition within this State. Penalty. Section 15. Each contestant in any such match or exhibition shall be examined prior to entering the ring by a competent physician, appointed by the State Athletic Commission, who has been licensed by the Commission, and has practiced in the State of Georgia for not less than two years. The physician shall, if he so finds the facts, certify in writing over his signature that each contestant is physically fit to engage in such contest. Such physician shall mail said report of examination to the Commission, or turn same over to the duly authorized representative of the

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Commission, within a period of 24 hours after the contest. No contestant shall be allowed to engage in any match or exhibition unless found to be physically fit to do so by said physician. Physical examinations. Section 16. No amateur match or exhibition, which is hereby defined to be one in which the participants receive no compensation, gifts, emoluments, or percentage of the gate receipts, either directly or indirectly, shall be subject to the provisions of this Act, except that they are permitted. Amateur exhibitions. Section 17. No contestant shall be permitted to participate in any match or exhibition unless duly registered and licensed with and by the State Athletic Commission, which license must be renewed annually. The license fee and the renewal fee shall be not less than five ($5.00) dollars for heavyweights and five ($5.00) dollars for all other contestants, to be paid at the time of the application for the license or renewal. Registry license fee. Any person who desires to be registered and licensed as a contestant shall file his application in writing with the Commission, which application shall state such information and facts as are required by the rules and regulations of the Commission, and shall comply with such requirements specified by the Commission. The Commission shall have discretionary powers in granting, refusing to grant, or revoking licenses to contestants. Applications. Discretionary powers. Section 17. The Commission shall, upon application, grant licenses to competent referees, whose qualifications may be tested by said Commission, and may revoke any such license granted to any such referee, upon such cause as the Commission may deem sufficient. Such license must be renewed annually. No person shall be permitted to act as referee in this State unless holding such license. The application for license as a referee or renewal thereof, shall be accompanied by an annual fee, which shall not be less than $10.00. The Commission shall appoint from among

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such licensed referees the referee for all contests held under the provisions of this Act. Referee's license. Fee. Section 18. Every person who may conduct any match or exhibition under this Act, shall, within 24 hours after the determination thereof, furnish to the Commission by mail, or to an authorized representative or inspector of the Commission, a written report duly verified by such person, or one of its officers, showing the number of tickets sold for such contest and the amount of the gross receipts thereof, and such other matters as the Commission may prescribe, and shall also within the said time pay to the State Athletic Commission a tax of 10% of the total gross receipts from the sale of tickets of admission and passes to such match or exhibition. No passes shall be issued to any exhibition except to the officials of the State Athletic Commission and their employees and to the municipal Athletics or Boxing Commission and their employees; unless the promoters of the exhibition and the said officials mutually agree upon the number of passes and to whom said passes are issued. Reports. Tax. Passes. Section 19. Whenever any licensed person shall fail to make a report of any contest at the time prescribed by this Act, or whenever any such report is unsatisfactory to the State Athletic Commission, the Commission may examine, or cause to be examined, the books and records of such person, and subp[oelig]na and examine under oath such person, his or its officers and agents as witnesses for the purpose of determining the total amount of its gross receipts for any contest and the amount of taxes due pursuant to the provisions of this Act, which tax the Commission may, upon and as the result of such examination, fix and determine. Examinations. In case of the default in the payment of any tax so ascertained to be due, for a period of 20 days after notice to such person of the amount so determined, such delinquent

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shall be disqualified from receiving any new license, and his license may be revoked by the Commission. Defaults. Section 20. The Commission may appoint official representatives, designated as inspectors, each of whom shall receive from the Commission a card authorizing him to act as such inspector, wherever the Commission may designate him to act. Such inspector shall be authorized to see that the rules of the Commission and the provisions of this Act are strictly observed, and shall also be present at the counting up of the gross receipts, and shall immediately mail to the Commission the official box office statements received by him from the licensee. Inspectors. Section 21. All fees, receipts, fines and penalties received by the Commission under the provisions of this Act shall be turned over to the State Treasurer within 10 days, and a receipt issued for the same and credited on the books of the State Treasurer as the State Athletic Commission Fund, which said fund is hereby continuously appropriated to the State Athletic Commission. All salaries, compensation of Commissioners and employees, and expenditures authorized by the Commission shall be paid from the funds received under the provisions of this Act, and no part of the salaries, compensation and expense so authorized or incurred by said Athletic Commission shall ever be paid out of any other funds in the State Treasury. After such salaries, compensation of employees, and expenses are approved by the Commission, and are sent to the Governor, he shall issue his warrant upon the State Treasurer for the amounts due, provided, that the amount so paid shall not exceed the amount received by the State Treasurer in advance. After the compensation and expenses of such Commission have been paid, the Commission shall have the right to establish a reserve or emergency fund from the moneys received under the provisions of this Act, not in excess of one thousand ($1,000.00) dollars. All surplus over the above mentioned expenses and above mentioned surplus,

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shall, on the first day of July of each year, revert to the Treasury of Georgia, to be placed in the fund appropriated to the State Board of Education for the purpose of purchasing free school text books. Receipts to Treasury. Salaries and expenses. Emegency fund. Section 22. Any person who violates any of the provisions of this Act, for which a penalty is not herein expressly prescribed, shall be guilty of a misdemeanor. Penalty for violation. Section 23. The provisions of this Act will apply uniformly over the entire State, but same shall not prevent local municipal athletic wrestling and boxing commissions from functioning as heretofore, provided the municipal ordinances and rules and regulations of such commissions or committees, created by same, do not conflict with the provisions of this Act and/or the rules and regulations promulgated and adopted by the State Athletic Commission. The State Athletic Commission is hereby authorized and directed to fix the amount of the receipts or the percentage of the receipts to be charged and collected by any local municipal athletic wrestling and boxing commission. Local commissions. Section 24. Paragraph 8 of the General Tax Act of the General Assembly of Georgia of 1935, approved March 28, 1935 (Georgia Laws 1935, page 15), (Section 92-607 of the 1933 Code) be, and is hereby repealed, and that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repeal of 92-607. Section 25. In case any section or part of any section of this Act shall be declared unconstitutional, it shall not affect the validity of the remainder. Constitutionality. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937.

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STERILIZATIONSTATE BOARD OF EUGENICS. No. 5. An Act to provide for the sterilization of selected persons from the inmates of the State Institutions and persons recommended by the State Board of Eugenics; for the protection of such individuals, the State, and future generations; to create a State Board of Eugenics; to pass on applications for sterilization; to define the duties of such Board; to provide for methods of procedure; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is enacted by the authority aforesaid: Section 1. A State Board of Eugenics is hereby created, to be composed of the Chairman of the State Board of Control, the Director of the State Board of Health, and the Superintendent of the Milledgeville State Hospital, any two of whom may act as such Board. These members shall serve as this Board without compensation except for actual traveling expenses, which said expenses shall be paid on warrant on the State Treasury, duly approved by the Governor, and the clerical and office records of the Board shall be part of the work of the Milledgeville State Hospital. Board membership. If any of the above named State departments should be discontinued, the Governor of this State shall appoint a suitable party to fill the vacancy on the Board of Eugenics created thereby. Vacancy. Section 2. It shall be the duty of the Board to pass on applications for eugenic sterilization made in accordance with the provisions of the law, and to keep a record of such sterilizations. This record shall not be open to the public inspection, except for such purposes as the Board may approve. Records. Section 3. When it shall appear to the superintendent, manager, or director, of any State home or hospital for

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mental or physical disease, or any State colony or institution for the care of the mentally or physically defective, deficient, or diseased, or the warden or superintendent of any State prison or penitentiary, correction school or reformatory, detention home, or camp, that a patient or inmate under the care of, or in such institution, would be likely, if released without sterilization, to procreate a child, or children, who would have a tendency to serious physical, mental, or nervous disease or deficiency, said superintendent or manager, after a consultation with his medical staff or any medical authority, shall submit to the State Board of Eugenics a recommendation that a surgical operation be performed upon said person for the prevention of parenthood. Such operation shall be a vasetomy for males, and a salpingectomy for females, or some similar operation that would not unsex the patient or inmate thereof. Operations on recommendation. Section 4. This recommendation shall be in writing and accompanied by a certified statement containing the history of the patient as shown in the records of the institution, camp, penitentiary, school, colony, reformatory, prison, etc., so far as it bears upon the recommendation for sterilization and setting forth the particular reasons why sterilization is recommended. Certified statement. Section 5. The superintendent, manager or director of any such institution or penitentiary or camp or other place of incarceration shall give notice by registered mail or otherwise, to the legal representative or next of kin of said patient or inmate, if the name and address of any such person is known, of the application for sterilization, and time and place of hearing on said application. Notice of application. The patient or inmate, or his legal representative or next of kin, shall have the right to file with the said Board of Eugenics, a protest, with any records or affidavits of facts bearing on the case, and to appear and introduce testimony before the State Board of Eugenics if desired, and to appeal

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from any decision of said Board, to the courts as provided by this Act. The Board may require additional facts or evidence from any party to the proceedings, before passing on the case. Any member of said Board shall have power to administer oath to any document or witness in such case. Protest. Evidence. Section 6. The said Board is hereby empowered to make and promulgate any rules and regulations for the enforcement and promulgation of this Act. Rules, etc. Section 7. If in the judgment of this Board, procreation by said patient or inmate would be likely to procreate children or a child, who by reason of inheritance would have a tendency to serious physical or mental disease or mental deficiency, it shall be the duty of the Board to approve said recommendation within 30 days after its receipt and to send to the superintendent, manager, or director of such institution or other place of incarceration, a written order, signed by at least two members of the board, directing him to proceed with the sterilization as provided in this Act, to-wit: a vasetomy for males, and a salpingectomy for females, or some similar operation. Nothing in this Act shall be construed to empower or authorize the Board to interfere in any manner with the right of the patient or his representative to select a competent physician of his own choice, for consultation or operation at his own expense. Approval of recommendation. Patient's physician. Section 8. The Board shall also send a copy of the order for sterilization to the legal guardian or known next of kin of the patient in this State, if known, accompanying it by a certified copy of the superintendent's or manager's or director's recommendation, setting forth the grounds upon which sterilization is held desirable, and notification that the patient or his legal representative has the right to appeal to the courts. If no near relative is known and no legal guardian has been appointed, such notice and copies thereof shall be sent to the Solicitor General of the Superior

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Court of the county from which the patient or inmate was committed, and it shall be his duty to protect the rights and best interests of the patient or inmate of any such institution or place of incarceration. Copy of order to guardian or relative. Duty of solicitor-general. Section 9. If it appears to the patient or inmate or to his or her representative that the proceedings taken have not conformed with the law, or that the reasons given for sterilization are not adequate or well founded, or for any other reason the order is not legal or is not correct as applied to this individual, an appeal may be taken from the State Board of Eugenics to the Superior Court of the county containing the institution or place of incarceration in which said patient or inmate is under care. The patient or inmate, or representative of said patient or inmate, shall have 10 days after the receipt of the records above mentioned, to file with the Board of Eugenics, an application for appeal to the Superior Court of the county in which he or she is located. If no appeal is taken within such 10 days, the order of the Board shall be carried out as provided in this Act. Appeal. Section 10. Such appeal may be taken by filing within 10 days with the State Board of Eugenics a petition to the Superior Court of the county in which said patient is detained, setting forth the grounds of the appeal. On receipt of such petition, the Board shall send all the records in the case to such court, and promptly notify the superintendent of the hospital, or manager or director of the institution or place of incarceration involved, of the appeal. Records to court. In this appeal, the person for which an order of sterilization has been issued shall be designated as the plaintiff, and the superintendent of the hospital, or manager or director of the institution or place of incarceration in which said patient or inmate in confined, shall, in his official capacity,

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be designated as the defendant, the said case being tryable at the first term, as in the case of other appeals. Trials. Section 11. The proceedings before the Superior Court shall constitute a trial de novo, and upon application of either party shall be heard before a jury. Jury. Section 12. Any decision of the Superior Court, or of any court in such cases, may be appealed to the higher courts of the State as in civil cases. Writ of error. The costs of appeal, if any, to the Superior and higher courts, shall be taxed as in civil cases. Costs. Section 13. The pendency of any appeal shall stay proceedings under the order of the State Board of Eugenics until the appeal be determined. Should the State Board of Eugenics in hearing above provided for disapprove the recommendation of the superintendent, manager or director, for sterilization, or in case of appeal, should the decision of the court uphold the plaintiff's objection to the order; such disapproval or decision shall annual the order to sterilize. Stay of proceedings. Should the court find against the plaintiff, then if no appeal is filed within 10 days after such decision, the recommendation of said Board shall be put into effect at a time fixed by the superintendent, manager, or director of the hospital, institution or place of incarceration in which the patient or inmate is under care or is being detained; and the patient or inmate shall be sterilized as provided in Section 3 of this Act, whereupon the superintendent, manager or director shall file a report of the operation with the State Board of Eugenics. Operation and report. Section 14. Be it further enacted, That neither said superintendent nor any other person legally participating in the execution of the provisions of this Act shall be liable either civilly or criminally on account of said participation. Non-liability.

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Section 15. If any section, subsection, sentence, clause or phrase of this Act, is for any reason held, to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Act, 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. Constitutionality. Section 16. Be it further enacted, That all laws and parts of laws in conflict with this Act, be and are hereby repealed. Approved February 23, 1937.

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TITLE V. CODE AMENDMENTS AND REPEALS. ACTS. Auditor of StateCompulsory Evidence. New 40-1805 (a). Bank Loans on [Illegible Text]. 13-2015 Amended. Bank Reports, etc. 13-501, 13-2005 Amended. Bank Stockholders' Liability. 13-1901. Charitable Devises. 113-107 Amended. Comptroller-General's Suspension. 40-206. Condemnation for Petroleum Pipe-Lines. 36-202 Amended. Condemnation for Pits, etc. 36-1001 Amended. Coroner's Pay in Certain [Illegible Text]. 21-105. Corporations; Dissolution. 22-1302 Amended. [Illegible Text] and Municipal Cooperation. 23-601. County Board of Education Election in Certain Counties. 32-902. County Tax Levies. 92-3702, 92-3706, 92-3710, 92-3711, 92-3715 Amended. County Tax-sale Purchases. 92-8201. Deputy Clerk of Supreme CourtSalary Increase. 24-4108. DowerBar by Sale. 31-110. Election Ballots. 34-1902. Act of 1933 repealed. Feeding-Stuff. 42-202 Amended. Feeding-Stuff. 42-207 Amended. Fiscal Year Change. 89-901, 89-902 Amended. Forests; Federal [Illegible Text] 15-304. Insurance Corporation Capital Stock. 56-207 Amended. Insurers' Deposits. 56-309 Amended. Insurers' Investments. 56-224 Amended. Interest on Installment Loans. 57-116. Judges' Rules of Practice Repealing 24-2628, 24-3307 et seq. Jurors Drawn and Summoned. 59-207, 59-708, 59-711, 59-801. Motor Common Carriers' Fees to Public-Service Commissioners. 68-623. Municipalities, Sales to, by Officers. 855(aa) of Park's Code Amended. Non-Profit Cooperative Associations. 65-203 et seq. Oil Inspectors. 73-202 Amended 73-206 Repealed. Petroleum Oils, etc. Adding 73-222, 73-223. Pharmacists' Registration Fee. 84-1319 Amended. Powers of Sale, Exercise of. 37-607 Amended. Prison Commission Membership. Salary Increase. 77-301, 77-303. Prison-Made Goods, Sale of, 77-323 Repealed. Probation Officers. New 27-303. Punishment for Kidnapping. 26-1603 Amended. Punishment for Robbery. 26-2502. Redemption after Tax Sale. 92-4402, 92-8301 Repealed. Revenue Commission; Delinquent Taxes. 92-5802A Added.

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Special Criminal Bailiffs. 24-3202, Note. State DepositoriesGovernor's Appointment. 100-101. State Depository in Tignall. 100-101. Street Franchise in City. 85-1312. Supervisor of Purchases. 40-1901 et seq. Surf-Bathing; Expert Swimmer. 26-7303. Tax-Assessments by Counties. New 92-6910. Tax-Assessments Notices by Mail. 92-6911. University System Regents. 32-104 Amended. Workmen's Compensation Law. 114-107, 114-403 et seq., Amended. See Titles IV, VI, and VIII, for other laws affecting Code Sections. AUDITOR OF STATECOMPULSORY EVIDENCE. New 40-1805 (a). No. 346. An Act to amend Chapter 40-18 of the Code of Georgia of 1933, entitled Department of Audits and Accounts, by adding a new section to be known as Section 40-1805 (a), to empower the State Auditor to issue summons, to compel the appearance of witnesses, to administer oaths, to take testimony, to require the production of documents, to examine witnesses, 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 Chapter 40-18 of the Code of Georgia of 1933, entitled Department of Audits and Accounts be, and the same is hereby amended by adding immediately after Section 40-1805 a new section to be known as Section 40-1805 (a) as follows: (a) For the purpose of more completely discharging the duties resting upon him and to discover the truth and to make his reports speak the truth in all matters handled by him, the State Auditor is hereby empowered to summon witnesses, to administer oaths, and to take the testimony of such witnesses and to compel the production of documentary

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evidence at such time and place as he may designate for the purpose of investigating and determining the conduct and record of the employees and officials of any department of the State government. Power to procure evidence. (b) In the event any witness summoned to appear in person or to produce documents fails or refuses to respond to such summons it shall be the duty of the State Auditor to certify said fact of refusal to a judge of the Superior Court of the county wherein such witness was required and directed to appear for the purpose of giving testimony or producing documentary evidence, who shall immediately issue an order to such party commanding him or them to appear immediately before said auditor for the purpose of giving testimony or producing documentary evidence as directed in the notice or summons given by said State Auditor. In the event of failure to respond to such summons of said court such party shall be guilty of contempt of that court and shall be dealt with by the court accordingly. Contempt of court. (c) It is hereby made the duty of the State Auditor to make the investigation herein provided for as a part of his audit of each and every department of the State Government. When there are facts, records, circumstances or information that indicate mismanagement or misconduct on the part of any official or employee of any department of the State government either during a past or present administration, it shall be the duty of the Auditor to make the full investigation herein provided of such department, official, or employee. Duty to investigate. (d) The hearing herein provided for shall be held in the county where the department or institution being investigated is located and shall be presided over by the State Auditor. The Auditor shall at any time when he deems necessary request of the Governor legal assistance in the conducting of such investigation. Whereupon the Governor shall designate the Attorney-General, his assistants, or any

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special assistant attorney-general for the purpose of assisting the auditor in the prosecution of such investigation. Hearing. Assistance of Attorney-General. (e) The State Auditor is hereby authorized to spend any available money to cover the expenses of such investigations, and to charge the same to the expenses of his department. Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937. BANK LOANS ON REALTY. 13-2015 amended. No. 408. An Act to amend the banking law as codified in Title 13, of the Code of 1933, by amending that portion of Code Section 13-2015 which provides that no bank doing a commercial business and receiving deposits subject to check shall lend upon real estate held as an investment, or for the purchase of real estate, or the improvement thereof, more than 50 per cent. of the fair market value of such real estate; so that said proviso or limitation shall not apply to any loans which the Administrator of the Federal Housing Administration may insure or make a commitment to insure; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That Section 13-2015 of the Code of 1933, relating to the limit of loans on real estate be and the same is hereby amended by adding a new paragraph to said section, to wit: Provided further, that the limitation or proviso that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate

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held as an investment, or for the purchase of real estate, or the improvement thereof, more than 50 per cent. of the fair market value of such real estate, shall not apply to any loan which the Federal Housing Administrator insures or makes a commitment to insure, so that said section as amended shall read as follows: Proviso. 13-2015. Loans on Real Estate, Limit of. No bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as investment, or for the purchase of real estate, or the improvement thereof, more than 50 per cent. of the fair market value of such real estate; and the aggregate amount of such loans shall at no time exceed the amount of its savings and time deposits or the combined total of its capital and surplus whichever is the greater; Provided, that this section shall not apply to temporary loans or regular commercial transactions secured in whole or in part by real estate, nor to any loan which shall have been made prior to August 16, 1919. Provided further, that the limitation or proviso that no bank doing a commercial business and receiving deposits subject to check, shall lend upon real estate held as an investment, or for the purchase of real estate, or the improvement thereof, more than 50 per cent. of the fair market value of such real estate, shall not apply to any loan which the Federal Housing Administrator insures or makes a commitment to insure. Not applied to insured loan by F. H. A. Section 2. That this Act shall take effect from and after its passage by the General Assembly and approved by the Governor of the State of Georgia. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937.

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BANK REPORTS, ETC. 13-501, 13-2005 amended. No. 493. An Act to amend Code Section 13-501 of the 1933 Code, relating to the number, verification, contents, and publication of reports of State banks; to amend Section 13-2005 of the 1933 Code relating to semi-annual examinations of State banks by directors; employment of certified public accountants; and reports; 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 13-501 of the 1933 Code of Georgia providing: 13-501. Number, Verification, Contents, and Publication. Every bank shall make at least four reports each year, and oftener if called upon by the Superintendent of Banks, according to the form which may be prescribed by him, verified as true and correct by the oath or affirmation of the president or cashier, and accompanied by the certificate of at least two of the directors of such bank to the effect that they have carefully read said report and that the same is true and correct according to the best of their information, knowledge and belief, and that the signature of the president or cashier, is the true and genuine signature of such officer. Such report shall exhibit in detail and under appropriate heads the resources and liabilities of such bank at the close of business on any past date specified by the Superintendent of Banks, and shall be transmitted to the Superintendent of Banks within 10 days after date of a request therefor from him, and shall be published in such form as the Superintendent of Banks may prescribe, within 10 days after the same is called for, in a newspaper published in the city or town where such bank is located, or if no

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newspaper is published in such city or town, then in the county in which such bank is located, and if no newspaper is published in the county, then in some newspaper having a general circulation in the county, such publication to be at the expense of the bank, and proof that such publication has been made, in such form as may be required by the Superintendent of Banks, shall be furnished to him within five days after such publication is made, be and the same is hereby amended by striking therefrom the word four appearing in line two of the said section and by substituting in lieu thereof the word two so that Section 13-501 of the 1933 Code of Georgia, when amended, will read as follows: 13-501. Number, Verification, Contents, and Publication. Every bank shall make at least two reports each year, and oftener if called upon by the Superintendent of Banks, according to the form which may be prescribed by him, verified as true and correct by the oath or affirmation of the president or cashier, and accompanied by the certificate of as least two of the directors of such bank to the effect that they have carefully read said report and that the same is true and correct according to the best of their information, knowledge and belief, and that the signature of the president or cashier, is the true and genuine signature of such officer. Such report shall exhibit in detail and under appropriate heads the resources and liabilities of such bank at the close of business on any past date specified by the Superintendent of Banks, and shall be transmitted to the Superintendent of Banks within 10 days after date of a request therefor from him, and shall be published in such form as the Superintendent of Banks may prescribe, within 10 days after the same is called for, in a newspaper published in the city or town where such bank is located, or if no newspaper is published in such city or town, then in the county in which such bank is located, and if no newspaper is published in the county, then in some newspaper having a

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general circulation in the county, such publication to be at the expense of the bank, and proof that such publication has been made, in such form as may be required by the Superintendent of Banks, shall be furnished to him within five days after such publication is made. Two annual reports. Details. Section 2. That Section 13-2005 of the 1933 Code of Georgia providing: 13-2005. Semi-annual Examinations by Directors; Employment of Certified Public Accountants; Report. It shall be the duty of the board of directors of every bank, at least once in each six months, to count the cash and examine fully into the books, papers, and affairs of the bank of which they are directors, and particularly into the loans and discounts thereof, with the special view of ascertaining the value and security thereof, and of the collateral security, if any, given in connection therewith, and into such other matters as the Superintendent of Banks shall require. Such directors shall conduct such count and examination by a committee of at least three of its members, and shall have the power to employ certified public accountants or other expert assistance in making such examinations, if they deem the same necessary. Within 10 days after the completion of each of such examinations, a report in writing thereof, sworn to by the directors making the same, shall be made to the board of directors, which report shall be spread upon the minutes of said board, and the original thereof shall be placed on file in said bank, and a duplicate thereof filed with the Superintendent of Banks: Provided, however, that in lieu of the semi-annual examination of the directors, such semi-annual examination may be made by accountants, approved by the Superintendent of Banks: and Provided, that any bank which fails to transmit to the Superintendent of Banks, within 10 days after the completion of the same, a copy of the report made by such board of directors or such accountants shall be subject to the same penalty as is provided by Section 13-505 for

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failure to make and transmit its report in response to call of the Superintendent of Banks, be and the same is hereby amended by striking therefrom the word six appearing in line three of said section and by substituting in lieu thereof the word twelve so that Section 13-2005 of the 1933 Code, when amended, will read as follows: 13-2005. Annual Examinations by Directors; Employment of Certified Public Accountants; Report. It shall be the duty of the board of directors of every bank, at least once in each twelve months, to count the cash and examine fully into the books, papers, and affairs of the bank of which they are directors, and particularly into the loans and discounts thereof, with the special view of ascertaining the value and security thereof, and of the collateral security, if any, given in connection therewith, and into such other matters as the Superintendent of Banks shall require. Such directors shall conduct such count and examination by a committee of at least three of its members, and shall have the power to employ certified public accountants or other expert assistance in making such examinations, if they deem the same necessary. Within 10 days after the completion of each of such examinations, a report in writing thereof, sworn to by the directors making the same, shall be made to the board of directors, which report shall be spread upon the minutes of said board, and the original thereof shall be placed on file in said bank and a duplicate thereof filed with the Superintendent of Banks: Provided, however, that in lieu of the annual examination of the directors, such annual examination may be made by accountants, approved by the Superintendent of Banks; and Provided, that any bank which fails to transmit to the Superintendent of Banks, within 10 days after the completion of the same, a copy of the report made by such board of directors or such accountants shall be subject to the same penalty as is provided

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by Section 13-505 for failure to make and transmit its report in response to call of the Superintendent of Banks. Examinations and reports. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. BANK STOCKHOLDERS' LIABILITY. 13-1901. No. 492. An Act to amend Section 13-1901 of the Code as amended by the Act approved March 15, 1935, defining and limiting the liability of stockholders of banks incorporated under Title 13 of the Code, so as to make the same apply to the stockholders of banks incorporated under any general law for the incorporation of banks, or any special legislative charter, 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 13-1901 of the Code as amended by the Act approved March 15, 1935, defining and limiting the liability of the stockholders of banks incorporated under Title 13 of the Code, be amended by inserting, in the second line of said section, between the words incorporated under this title and shall be responsible, the words or incorporated under any prior general law for the incorporation of banks or under any special legislative charter, and by inserting in the fourth line of said section between the words to the extent and of the balance, the word only, so that the section when so amended shall read as follows: A bank incorporated under this title or under any prior general law for the incorporation of

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banks or under any special legislative charter, 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 only of the balance remaining unpaid on his or her shares of stock. Extent of liability to creditors. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. CHARITABLE DEVISES. 113-107 amended. No. 108. An Act to amend Section 113-107 of the present Code of Georgia, regulating charitable devises so as to add thereto a proviso to the effect that when the estate shall exceed two hundred thousand dollars in value, the restrictions of this section shall not apply to such excess, and in estimating values or devises that of a life-estate under the annuity tables shall be included. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Section 113-107 of the present Code of Georgia be and the same is hereby amended so as to add thereto the following provision, to wit: Provided, however, that when the estate shall exceed two hundred thousand dollars in value, the restrictions of this section shall not apply to such excess, and in estimating values of devises that of a life-estate under the annuity tablets shall be included. So that said Section 113-107 as amended shall read as follows: No person leaving a wife or child, or descendants of child, shall, by will, devise more than one third of his estate to any charitable, religious, educational, or civil institution, to the exclusion of such wife or child; and in all cases the will containing such devise shall be executed

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at least ninety days before the death of the testator, or such devise shall be void. Provided, however, that when the estate shall exceed two hundred thousand dollars in value, the restrictions of this section shall not apply to such excess, and in estimating values that of a life-estate under the annuity tables shall be included. Restriction not applied to excess of $200,000. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. COMPTROLLER-GENERAL'S SUSPENSION. 40-206. No. 234. An Act to amend Title 40 (Executive Department), Chapter 40-2 (Powers and Duties in General), Section 40-206 (Suspension of State Treasurer or Comptroller) of the Code of Georgia of 1933, by striking all of said Section 40-206, and enacting in lieu thereof a new section to be numbered Section 40-206, providing for the suspension of the Comptroller-General; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Title 40 (Executive Department), Chapter 40-2 (Powers and Duties in General), Section 40-206 (Suspension of State Treasurer or Comptroller) of the Code of Georgia of 1933 be and the same is hereby amended by striking and repealing all of said Section 40-206, and enacting in lieu thereof a new section to be numbered 40-206, and to read as follows: Whenever the Governor shall have trustworthy information that the Comptroller-General is insane, or has absconded or concealed himself, or grossly neglects his duties,

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or he is guilty of conduct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, the Governor shall call a council to be composed of the Attorney-General, Secretary of State, and State Treasurer, and if they, or a majority of them, after an examination into the truth of such information, shall find the same to be true, the Governor shall suspend said Comptroller-General from office until the next session of the General Assembly and issue proclamation thereof, and he shall submit to said body his action in the premises and the reasons therefor. Said suspension shall continue until the General Assembly shall otherwise direct. Suspension on finding by council. Section 2. Nothing contained in this Act is intended to repeal Section 40-1301 (Suspension of Treasurer; Appointment of Persons to Discharge Duties) of the Code of Georgia of 1933 or any part thereof. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1937. CONDEMNATION FOR PETROLEUM PIPE-LINES. 36-202 amended. No. 337. An Act to amend Section 36-202 of the Code of 1933 (Title 36), Chapter 2, to provide the right of eminent domain for the purpose of running pipe-lines for the transportation and/or distribution of petroleum products. Be it enacted by the General Assembly of Georgia as follows:

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Section 1. That Section 36-202 of the Code of 1933 (Title 36) Chapter 2, entitled To what condemnation applicable is hereby amended by adding at the end of said section the following and for the purpose of running pipe-lines for the transportation and/or distribution of petroleum products so that said section as amended shall read as follows: 36-202 (5235), To What and to Whom Method of Condemnation Applicable. The method of condemnation of property and assessment of damages hereinafter provided shall apply to condemnation by cities, counties, railroads, telegraph, canal, mining, and waterworks companies, drainage by counties, tramroads, lighthouses, and beacon constructions, and to all persons or corporations having the privilege of exercising the right of eminent domain. The method herein referred to shall also apply to persons who are or may be engaged in constructing or operating pipe-lines for the transportation and/or distribution of natural or artificial gas; and upon persons who are or may be engaged in furnishing natural or artificial gas for lighting, heating and/or power purposes and for the purpose of running pipe-lines for the transportation and/or distribution of petroleum products. Petroleum lines added. Section 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 27, 1937. CONDEMNATION FOR PITS, ETC. 36-1001 amended. No. 369. An Act to amend Code Section 36-1001 of the Code of Georgia of 1933, so as to permit condemnation of private

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property for public roads to a width of 200 feet at the base, to permit condemnation for borrow-pits and drainage; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Section 36-1001 of the Code of Georgia of 1933, be and the same is hereby amended as follows: (e) By striking from the last line thereof the figures 50 feet, and inserting in lieu thereof the words and figures two hundred (200) feet; (b) By adding the following sentence to said Code section and said lands for borrow-pits, ditches and drainage rights of way necessary or useful in the improving, reconstructing, widening, laying out, altering, grading, paving, or repairing of public roads in their respective counties, so that said section when so amended shall read as follows: 36-1001. (5243) Laying out, altering, grading, etc., of public roads. In all cases when it shall become necessary to condemn land in any county for the purpose of laying out, altering, grading, improving, turnpiking, paving, widening, or macadamizing public roads, for the use and convenience of the public, the county authorities, consisting of the ordinary or county commissioners, as the case may be, shall have power and authority to condemn the lands of private persons or corporations. The width of the roads shall not exceed two hundred (200) feet at the base, and said county authorities shall likewise have power and authority to condemn lands for borrow-pits, ditches, and drainage rights of way necessary or useful in the improving, reconstructing, widening, laying out, altering, grading, paving, or repairing of public roads in their respective counties. 200 feet width Pits, etc. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 29, 1937.

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CORONER'S PAY IN CERTAIN COUNTIES. 21-105. No. 226. An Act to amend Section 1141 of the Penal Code of this State, which section is contained in Volume 6 of Park's Annotated Code, by providing an annual salary for coroners in all counties of this State having a population of not less than seventy-five thousand and not more than one hundred thousand by the last or any future census of the United States. The said salary to be paid in monthly installments and to be fixed by the county board of commissioners, or other fiscal agent of such counties, and for the payment of such compensation out of the county treasury of such counties and be in full of services for summoning an inquest on a dead body and returning an inquisition and for all services in making an investigation and determining whether or not an inquest should be held, and for all services in furnishing burial certificates and making any investigations to determine whether or not a burial certificate should be issued and in what form it should be; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from the date of the enactment and approval of this Act, Section 1141 of the Penal Code of this State, as the same appears in Volume 6 of Park's Annotated Code of Georgia for the year 1914, be and the same is hereby amended by adding thereto the following provision: Provided, however, that in all counties of this State having a population of not less than seventy-five thousand and not more than a hundred thousand, by the last or any future census of the United States, the coroner shall be paid such monthly salary as fixed and ordered by the county board of commissioners or other fiscal agent of such counties, which shall be in full for his services in summoning an inquest on

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a dead body and returning an inquisition and in making investigations to determine whether or not an inquest should be held, and for all services in issuing burial certificates and in making any investigations to determine whether or not a burial certificate should be issued, and in what form it should be. So that such section, when amended, shall read as follows: Salary in certain counties. Section 1141, Coroner. Coroner's fees are as follows, to-wit: For summoning an inquest on a dead body and returning an inquisition $10.00 For furnishing coffin and burial expenses 15.00 When performing the duties of a sheriff, his fees are the same as a sheriff's. No coroner shall receive out of the county treasury of any county more than fifteen hundred dollars per annum, either as fees for holding inquests or for burying dead bodies; Provided, however, That in all counties of this State having a population of not less than seventy-five thousand and not more than one hundred thousand, by the last or any future census of the United States, the coroner shall be paid such monthly salary as fixed and ordered by the county board of commissioners or other fiscal agent of such counties, which shall be in full for his services in summoning an inquest on a dead body and returning an inquisition and in making investigations to determine whether or not an inquest shall be held, and for all services in issuing burial certificates and in making any investigations to determine whether or not a burial certificate should be issued, and in what form it should be. Salary in certain counties. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1937.

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CORPORATIONS; DISSOLUTION. 22-1302 amended. No. 391. An Act to amend Section 22-1302 (Proceedings to dissolve; petition, order, notice and expense), of Chapter 22-13 (Dissolution of corporations created by Superior Court), of Title 22 (Corporations), of the Code of Georgia of 1933, so as to provide that judges of the Superior Court of this State shall be, and are, authorized to fix places of hearing of petitions for the dissolution of corporations at chambers in vacation, at any place in any county of the judicial circuit of which the county where the charter was granted and the petition is pending is a part; 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 Section 22-1302 (Proceedings to dissolve; petition, order, notice and expense), of Chapter 22-13 (Dissolution of corporations created by Superior Court), of Title 22 (Corporations), of the Code of Georgia of 1933, be, and the same is, hereby amended as follows: By striking from the sixth and seventh lines of the body of said section the words at the courthouse in said county, either at a regular term or in vacation, appearing between the words petition in the sixth line of said section and not in the seventh line of said section, and by adding to said section a new sentence, reading as follows: The judges of the Superior Court of this State shall be authorized and empowered to fix places of hearing on said petition for dissolution at any place in any county of the judicial circuit which includes the county where the charter sought to be dissolved was granted and where the petition for such dissolution is pending, and the judges of said court are authorized

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and empowered to enter orders and decrees accepting the surrender of the charter and franchises of such corporation and ordering its dissolution, or denying the prayer of such petition, at chambers in vacation, in the county where the charter in question was granted and application is pending, or at chambers in vacation, in any other county which forms a part of the judicial circuit in which such petition is pending, to the same extent as judges of the Superior Court of this State are now, by law, authorized and empowered to sign orders for incorporation, either at chambers or in term time in the county where application for charter is pending, or in vacation at chambers, in any other county within the particular judicial circuit, so that said paragraph, as and when amended, shall read as follows: 22-1302. Proceedings to Dissolve; Petition, Order, Notice, and Expense. The proceeding for the surrender of such corporate charter and franchises, shall be by petition in the name of the corporation seeking dissolution, addressed to the Superior Court which granted its charter, and shall be duly verified by the oath of any officer or a stockholder of the corporation, and shall be presented to the judge of said court, who shall grant an order thereon, fixing a time for the hearing of such petition not less than four weeks from the date of such order, and further directing that such petition be filed in the office of the clerk of said court, and that a copy of such petition and order be published once a week for four weeks in the newspaper wherein sheriff's sales in and for such county are published, the expense of which publication shall be defrayed by the petitioning corporation. The judges of the Superior Court of this State shall be authorized and empowered to fix places of hearing on said petition for dissolution at any place in any county of the judicial circuit which includes the county where the charter sought to be dissolved was granted and where the petition for such dissolution is pending, and the judges of said court are authorized and empowered to enter orders

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and decrees accepting the surrender of the charter and franchises of such corporation and ordering its dissolution, or denying the prayer of such petition, at chambers in vacation, in the county where the charter in question was granted and application is pending, or at chambers in vacation, in any other county which forms a part of the judicial circuit in which such petition is pending, to the same extent as judges of the Superior Court of this State are now, by law, authorized and empowered to sign orders for incorporation, either at chambers or in term time in the county where application for charter is pending, or in vacation at chambers, in any other county within the particular judicial circuit. Proceeding. Places for hearing and order. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937. COUNTY AND MUNICIPAL COOPERATION. 23-601. No. 509. An Act to amend Code Section 23-601 of the Code of 1933, by adding to the caption thereof and by providing that a county may cooperate with any municipality or other political subdivision thereof of the county or any school district thereof, not only for the repair and improvement of roads, streets and pavements, but also in the construction, maintenance and improvement of schools in such a county, and also for the use of surplus funds in discharging or reducing the indebtedness of any portion of the said county heretofore incurred for educational purposes; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That Code Section 23-601 be amended by adding after the word municipality in the caption thereof, the words, or any political subdivision or school district or schools of said county, and by adding after the word highways the words and, further, it shall be lawful for any county in this State whose obligations have been discharged and which has surplus funds or moneys in its hands to apply said surplus funds or moneys proportionately to the reduction or discharge of any indebtedness of the various school districts of said county, and/or to the construction and maintenance of schools, school buildings, and other school property within the limits of said county, so that when amended said section shall read: Section 23-601. Cooperation of County with Municipality or any Political Subdivision or School District or Schools of Said County. It shall be lawful for any county to cooperate as provided in this chapter with any municipality within such county in the construction, repair and improvement of any roads, streets and street pavement on any streets or roads within such municipality which form part of a county or State system of highways, and, further, it shall be lawful for any county in this State whose obligations have been discharged and which has surplus funds or moneys in its hands to apply said surplus funds or moneys proportionately to the reduction or discharge of any indebtedness of the various school districts of said county, and/or to the construction and maintenance of schools, school buildings, and other school property within the limits of said county. Road and street improvements. Surplus fund application. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be repealed. Approved March 31, 1937.

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COUNTY BOARD OF EDUCATION ELECTION IN CERTAIN COUNTIES. 32-902. No. 515. An Act to amend Section 32-902 of the Code, relating to the election of members of the county board of education, so as to provide that in counties having a population of not less than 13,000 nor more than 13,050 according to the census of the United States for 1930, or any future census, members of the county board of education shall be elected by the qualified voters of the county; to provide for the election of one member from each school district; to provide for the appointment by the county board of education of a county school superintendent; to provide for the salary and terms of office of the members of the board; to provide the effective date of this Act; to provide for a referendum upon this Act before it shall become effective; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section 32-902 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said section the following proviso: Provided, however, that in counties having a population of not less than 13,000 nor more than 13,050 according to the United States census of 1930, or any future census, members of the county board of education shall be elected by the qualified voters of the county in the same manner and under the same laws, rules and regulations as govern elections for other county officers. One member of the county board of education shall be chosen from each school district in the county, but such member shall be voted upon by the qualified voters of the whole county. Election of board members.

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Section 2. The compensation of the members of the county board of education thus elected shall be the same as that now provided by law in Section 32-904 of the Code. They shall serve for a term of four years beginning January 1 after their election as above provided, and shall serve until their successors are duly elected and qualify. Pay. Term of office. Section 3. Members of the county board of education elected in the manner provided in Section 1 of this Act shall have the same powers, duties and jurisdiction with respect to the public schools of the county as are now conferred by law upon members of the county board of education elected by the grand juries of the various counties, together with such additional power, authority and duties as are herein conferred. Duties and powers. Section 4. The county board of education shall have the authority to appoint a county superintendent of schools, and the person so appointed by them shall receive the same salary and shall exercise the same powers, duties and functions as are now conferred by law upon county superintendents of schools elected by the people in the manner provided in Chapter 32-10 of the Code of Georgia of 1933, and any vacancy in the office of county superintendent of schools shall be filled in the same manner as now provided by law. Superintendent Section 5. The person appointed by the county board of education as herein provided to serve as county superintendent of schools shall possess the same qualifications as now prescribed by law in the case of county superintendents of schools elected by the people, except that it shall not be necessary or required that the person so appointed, either before, at or after the time of his appointment, be a resident of the county in which he is appointed to serve. Qualifications. Section 6. The provisions of this Act shall not become effective until the same shall have been submitted to and ratified by a majority of the qualified voters in any such

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county as referred to in Section 1 of this Act, voting at a special election to be held on November 17, 1937, in such county. Said election shall be held under the rules and regulations governing special elections. The ordinary of such county is hereby authorized, empowered and directed to call such election to be held in said county on that date and to give notice thereof once a week for four weeks next preceding such election by publication in the official organ of the county. Only those persons qualified to vote in elections for members of the General Assembly shall be allowed to participate in said election. Those desiring to vote in favor of the ratification of this Act shall have written or printed on their ballots the words for electing members of the county board of education by the people and those desiring to vote against the ratification of this Act shall have written or printed on their ballots against electing members of the county board of education by the people. The returns of said election shall be made to the ordinary, who shall ascertain and declare the result thereof. If a majority of the qualified voters voting at said election shall vote for electing members of the county board of education by the people, the ordinary shall so declare and this Act shall become operative and of full force and effect. Provided, however, that this Act shall not be construed so as to affect the official term of office of the present county superintendent of schools, or the terms of any one or all of the present members of the county board of education. Upon the expiration of the terms of the present members of the county board of education referred to, their successors shall be elected at the next general election for county officers held in said county following such expiration date or dates. Referendum. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937.

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COUNTY-TAX LEVIES. 92-3702, 92-3706, 92-3710, 92-3711, 92-3715 amended. No. 382. An Act to amend Code Sections 92-3702, 3706, 3710, 3711, and 3715 of the Code of Georgia of 1933, so as to remove the limitation of county taxes upon the State-tax levy; to provide a definite limitation on county-tax levies for current expenses or accumulated debts; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Code Section 92-3702 of the Code of Georgia of 1933, be, and the same is, hereby amended by striking the following words and figures from said section, to-wit: 100 per cent. of the State tax for the year in which it is levied, and inserting in lieu thereof the words and figures Five (5) mills, so that said section when so amended shall read as follows: 92-3702. (507) Tax for Current Expenses and Accumulated Debts. The ordinary or other county authority empowered to levy taxes is hereby authorized to levy a tax not exceeding five (5) mills to pay current expenses or accumulated debts of the county, or both, without a recommendation by the grand jury. Levy for expenses and debts. Section 2. Be it further enacted by the authority aforesaid, That Section 92-3706 of the said Code of Georgia be amended by striking from said section the words and figures not exceeding 50 per cent. of the amount of the State tax for the year in which it is levied, and inserting in lieu thereof the words and figures two and one-half (2) mills, so that said section when so amended shall read as follows: 92-3706. (508) Tax for County Purposes. The ordinary or other county authority empowered to levy taxes is

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hereby authorized to levy a tax for county purposes over and above other taxes authorized by law, not to exceed two and one-half (2) mills, provided two-thirds of the grand jury at the first, or spring term recommend such tax. County purposes. Section 3. Be it further enacted by the authority aforesaid, that section 92-3710 of the said Code of Georgia be amended by striking from said section the words and figures not to exceed 50 per cent of the State tax for the year in which it is levied, and inserting in lieu thereof the words and figures two and one-half (2) mills, so that said section when so amended shall read as follows: 92-3710. (510) Failure of Grand Jury to Recommend. If a grand jury is not impaneled at the spring term or adjourns without taking any action on such statement, or refuses to make a recommendation sufficient to discharge any judgment that may have been obtained against the county, or any debt for the payment of which mandamus has been issued, or for the payment of the necessary current expenses of the year, the ordinary or other authority empowered to levy taxes may levy without such recommendation the necessary tax not to exceed two and one-half (2) mills. In all cases when the spring term of the Superior Court of any county is adjourned before the grand jury has made its general presentments, the ordinary or other authority may levy a tax to the full extent and for any purpose that might have been authorized by recommendation of the grand jury; Provided, that such tax shall not exceed the levy last recommended by a grand jury for the county. Amount of levy. Section 4. Be it enacted by the authority aforesaid, That Section 92-3711 of the said Code of Georgia, be amended by striking from said section the words and figures 50 per cent. of the State tax for the year, and inserting in lieu thereof the words and figures two and one-half (2) mills, so that said section when so amended shall read as follows:

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92-3711. (511) Where there are several Grand Juries. Where several grand juries have been impaneled during the spring term, the recommendation of any panel shall be sufficient authority to levy the additional tax of two and one-half (2) mills; but if there are counter-presentments on the subject, the ordinary or other authority may proceed as provided in the preceding section. Additional tax. Section 5. Be it further enacted by the authority aforesaid, That Section 92-3715 of the Code of Georgia, be amended by striking from said Section the words and figures 25 per cent. of the amount of the State tax for the year, and inserting in lieu thereof the words and figures one and one-quarter (1) mills, so that said section when so amended shall read as follows: 92-3715. (506) Tax for the Support of Paupers. The ordinary or other authority empowered to levy taxes is authorized to levy for the support of the paupers of the county, a tax not in excess of one and one-quarter (1) mills. Paupers. Section 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. COUNTY TAX-SALE PURCHASES. 92-8201. No. 345. An Act to amend Chapter 92-82 (Purchase by counties at tax sales), Section 92-8201 thereof (Counties may buy property sold under tax executions), of the Code of Georgia of 1933, by adding at the end of said Section 92-8201 a clause providing that county authorities shall not be

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required to pay the proportionate part of the taxes due the State, the schools, and any other departments or agencies of government by counties by virtue of the purchase by county authorities, in their official capacity, of real property sold at tax execution sales until after such real property is redeemed in the manner provided by law or is resold by such county authorities; and Provided, further, that the twelve-months redemption period now allowed by law for the redemption of realty sold under tax executions shall begin to run from the time the commissioners and/or ordinary draws their warrant on the county treasurer to pay to the officers the cost due on said tax executions and accruing cost in effecting such sales. Section 1. Be it enacted by the General Assembly of Georgia and it is enacted by authority of the same, That from and after the passage of this Act, Chapter 92-82, (Purchase by counties at tax sales), Section 92-8201 thereof (Counties may buy property sold under tax executions), of the Code of Georgia of 1933, be amended by adding at the end of said Section 92-8201 the following clause: But said county authorities shall not be required to pay the proportionate part of the taxes due the State, the schools, and any other departments or agencies of Government by counties by virtue of such tax sales until after said real property is redeemed in the manner provided by law or is resold by said county authorities; and Provided, further, that the twelve-months redemption period now allowed by law for the redemption of realty sold under tax executions shall begin to run from the time the commissioners and/or ordinary draws their warrant on the county treasurer to pay to the officers the cost due on said tax executions and accruing cost in effecting such sales. So that section when amended will read as follows:

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Section 92-8201. Counties May Buy Property Sold Under Tax Executions. The board of commissioners of roads and revenues in counties where such boards have been created, or the ordinaries, or the judges of the county courts in such counties as have such officers in control of their roads and revenues, are authorized to purchase and hold in their official capacity any real property offered for sale by virtue of tax executions: Provided, That said commissioners, ordinaries, or judges shall only be authorized to bid on such real property when other bids do not cover the amount of said tax executions and costs; and Provided, further, That said commissioners, ordinaries, or judges shall not bid more for such property than the amount of taxes and costs. Said county authorities, upon bidding in any property as herein provided, shall draw their warrant on the county treasurer to pay to the officers the costs due on said tax executions and accruing costs in effecting such sales, but said county authorities shall not be required to pay the proportionate part of the taxes due the State, the schools, and any other departments or agencies of government by counties by virtue of such tax sales until after said real property is redeemed in the manner provided by law or is resold by said county authorities, and Provided, further, That the twelve-months redemption period now allowed by law for the redemption of realty sold under tax executions shall begin to run from the time the commissioners and/or ordinary draws their warrant on the county treasurer to pay to the officers the cost due on said tax executions and accruing cost in effecting such sales. Purchase of property at tax sales. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1937.

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DEPUTY CLERK OF SUPREME COURTSALARY INCREASE. 24-4108. No. 497. An Act to amend Section 24-4108 of the Code of Georgia of 1933, relating to the payment of salaries of the deputy clerk of the Supreme Court and the stenographer for the clerk of the Supreme Court out of costs collected; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Scetion 24-4108 of the Code of Georgia of 1933, which reads as follows: Payment of salaries of Deputy Clerk and stenographers out of costs collected. Out of the costs collected as provided by Sections 6-1702 and 6-1703 the clerk of the Supreme Court is hereby authorized to pay to his deputy clerk, as compensation for his services, the sum of $2,000 and to his stenographer the sum of $1,200 per annum, be and the same is hereby amended to read as follows: Out of the costs collected as provided by Section 6-1702 and 6-1703 the clerk of the Supreme Court is hereby authorized to pay to the deputy clerk of the Supreme Court, as compensation for his services, the sum of $3,600, and to the stenographer for the clerk of the Supreme Court the sum of $1,200 per annum. Provided, that if said costs shall not amount to a sum sufficient for the purposes speciged in this Section and in Sections 24-4107, then the difference between the actual amount of such costs and the total of the several amounts so specified shall be paid to the clerk of the Supreme Court out of the State Treasury, upon the certificate of the justices of the Supreme Court or as otherwise authorized by law, for the salaries specified in Sections 24-4107 and 24-4108. Increase from $2,000 to $3,600.

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Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. DOWERBAR BY SALE. 31-110. No. 405. An Act to amend Section 31-110 of the Code of Georgia of 1933, which provides how dower may be barred, to provide that dower shall be barred by a sale by an administrator or executor under authority of a competent court or a power in a will, prior to application for dower. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 31-110 of the Code of Georgia of 1933 be and the same is hereby amended by adding thereto the following: 6. By a failure to apply for the dower prior to a sale, made more than twelve months after the death of the husband, by an administrator or executor under authority of a court of competent jurisdiction or under power in a will, Provided, however, that such sale shall bar the dower only as to the land sold. Provided, however, such administrator or executor shall give the widow written notice, personally or by registered mail, at last known address, of his application for sale, so that said section as amended shall read as follows: 31-110 (5249) How Barred. Dower May be Barred. (Act 1760, Cobb, 161. Act 1768, Cobb, 163. Acts 1866, pp. 146, 147.) 1. By provisions made prior to the marriage and accepted by the wife in lieu of dower. Matters in bar of dower.

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2. By a provision made by a deed or will, and accepted by the wife after the husband's death, expressly in lieu of dower, or where the intention of the husband is plain and manifest that it shall be in lieu of dower. 3. By the election of the widow, within 12 months from the grant of letters testamentary or of administration on the husband's estate, to take a child's part of the real estate in lieu of dower. 4. By a failure to apply for the dower for seven years from the death of the husband. (Act 1839, Cobb, 230, Acts 1855-6, p. 234.) 5. By the adultery of the wife unpardoned by the husband. 6. By a failure to apply for the dower prior to a sale, made more than twelve months after the death of the husband, by an administrator or executor under authority of a court of competent jurisdiction or under power in a will, Provided, however, that such sale shall bar the dower only as to the land sold. Provided, however, such administrator or executor shall give the widow written notice, personally or by registered mail, at last known address, of his application for sale. Failure to apply. Notice to widow. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 31, 1937. ELECTION BALLOTS. 1933 ACT REPEALED. 34-1902. No. 127. An Act to repeal an Act entitled, `An Act to amend the Act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, prescribing

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the duties of certain officials, and providing rules and regulations for such elections, and penalties for violation of the same, and for other purposes which Act is codified as general regulations governing elections in Section 138 (8-21) of Michie's Georgia Code of 1926, by providing that Section 18 of said Act shall not apply to those counties having a population, under the census of 1930, of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand five hundred (19,500), and providing, further, that in such counties all offices at the courthouse shall be closed on election day, and providing for at least two polling places in the county-seat,' approved March 23, 1933. 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 a certain Act entitled, An Act to amend the Act approved August 21, 1922, providing for a secret and private ballot at all elections held in this State, prescribing the duties of certain officials, and providing rules and regulations for such elections, and penalties for violation of the same, and for other purposes, which Act is codified as general regulations governing elections in Section 138 (8-21) of Michie's Georgia Code of 1926, by providing that Section 18 of said Act shall not apply to those counties having a population, under the census of 1930, of not less than nineteen thousand three hundred (19,300) nor more than nineteen thousand five hundred (19,500), and providing, further, that in such counties all offices at the courthouse shall be closed on election day, and providing for at least two polling-places in the county-seat, approved March 23, 1933, and found in Georgia Laws of 1933, pages 121-132, be and the same is hereby repealed. Act of 1922 repealed. Section 2. This Act shall take effect from and after its passage and approval by the Governor.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1937. FEEDING-STUFF. 42-202 amended. No. 111. An Act to amend Section 42-202 (2107) of the Georgia Code of 1933, relating to the registration of feeding-stuff with the Commissioner of Agriculture, by providing more fully the manner of such registration, fixing fees therefor and providing for the disposition of such fees; 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 of this Act Section 42-202 (2107) of the Georgia Code of 1933, relating to the registration of feeding-stuff, be and the same is hereby amended, by adding at the end thereof the following additional provisions, to-wit: Such registration shall be made on blanks furnished by the Commissioner of Agriculture, on request, and be accompanied by a fee of two dollars for each brand offered for registration. All such moneys collected shall be deposited in the State Treasury to the credit of the Agriculture Department to be used in enforcing this Act. Registration. Collections. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1937.

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FEEDING-STUFF. 42-207 amended. No. 113. An Act to amend Section 42-207 (2112) of the Georgia Code of 1933, relating to penalties for selling mouldy or damaged feeding-stuff, by striking a part of said section, and providing for the seizure of feeding-stuff held in violation of this Act, for the collection of refunds for deficiencies in grade on any feeding-stuff, and for the prosecution of violations of this Act, and fines to be imposed; 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 of this Act Section 42-207 (2112) of the Georgia Code of 1933, relating to penalties for selling mouldy or damaged feeding-stuff be, and the same is hereby amended by striking all of said section except the last seven lines thereof after the word provided in the seventh line from the end of said section, and inserting in lieu thereof the following: That if it appears from any examination of analysis of an official sample of any commercial feeding-stuff that any of the provisions of this Act have been violated, the Commissioner of Agriculture or his deputy or agents shall have the power to seize such feeding-stuffs, but immediate written notice of such seizure must be given the party in whose possession the feed is found. Any party so notified shall be given an opportunity to be heard in his defense under such rules and regulations as may be prescribed by the Commissioner of Agriculture, before action in the courts may be instituted. Seizure and notice. The Commissioner of Agriculture or deputies or agents may in their discretion release feeding-stuffs so seized when

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all requirements of this Act have been complied with, and upon payment of all costs and expenses incurred in connection with the proceedings. Release. The Commissioner of Agriculture, and the State Chemist shall have the power to assess, and collect refunds to cover deficiencies in grade on any feeding-stuff, as determined by an official analysis, and refunds so collected shall be distributed pro rata among actual consumers of such feed. In case such consumers cannot be located, such moneys or parts thereof as remain undistributed shall be deposited in the State Treasury to the credit of the Department of Agriculture, and may be used only for the expenses incurred in the enforcement of this Act. In any controversy or prosecution arising under the provisions of this Act, the certificate of the State Chemist or other State officer making the analysis or inspection, when duly sworn to by such officer, shall be prima facie evidence of the facts therein certified. Refunds. Use of moneys collected. That any manufacturer, mixer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this State, any commercial feeding-stuffs without having attached thereto, or furnished therewith, such tax stamps and labels as required by the provisions of this Act, or who shall use any tax stamps a second time, or use a counterfeit of such tax stamps, or shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said Commissioner of Agriculture or his authorized agent in the performance of his duty in connection with the provisions of this Act, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding-stuffs as defined in Section 42-201, without complying with the provisions of this Act, or who shall sell, offer or expose for sale or distribute in this State any commercial feeding-stuffs which contain a substantially smaller per cent. of protein or fat, or a substantially larger per cent. of crude fibre than is certified to be contained therein, or who shall

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fail to properly state the specific common name of each, and every ingredient used in its manufacture, or violate any other provision of this Act, or official rules and regulations relative thereto, shall be deemed guilty of a violation of this Act, and upon conviction thereof shall be fined not more than one hundred dollars for the first violation, and not less than one hundred dollars for each subsequent violation, or upon failure to pay same shall be punished as for a misdemeanor. Acts penalized. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 8, 1937. FISCAL YEAR CHANGE. 89-901, 89-902 amended. No. 1. An Act to amend Sections 89-901, 89-902, Georgia Code of 1933, by changing the fiscal year from January 1 through December 31, to July 1 through June 30; to require all officers, boards, and commissions of the State to make their report of financial operations conform with the fiscal year; and to repeal all laws in conflict herewith. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 89-901 of the 1933 Code of Georgia be and the same is hereby amended as follows: By striking the word January where it appears in line two and substituting in lieu thereof the word July and by striking 31st and substituting in lieu thereof 30th, and by striking the word December where it appears in

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line three and substituting in lieu thereof the word June, so that when amended said section will read as follows: The fiscal year in this State shall commence on the first day of July, and end on the 30th day of June, of each year; and all public officers of this State shall keep their official accounts in accordance therewith. July 1 begins. Section 2. Be it enacted by the authority aforesaid, That Code Section 89-902 of the Code of 1933 of Georgia be, and the same is hereby amended as follows: By striking therefrom the word January in line four and substituting the word July, and by striking the words December 31st and substituting in lieu thereof the words June 30th, so that when amended said section will read as follows: The year for official reports shall be coincident with the fiscal year, and it shall be the duty of the public officers of this State to make and publish, annually, their official reports for the period commencing on July 1 and ending on June 30 of each year, inclusive. June 30 ends. Section 3. Be it enacted by the authority aforesaid, That the fiscal year for all units of the State Government shall begin on July 1 and shall end on June 30 of each year, and shall be uniform for all State departments, boards, bureaus, commissions, institutions, and other agencies. Uniformity. Section 4. Be it enacted, That all public officers shall conform to the fiscal year as established hereby in reporting and recording the financial operations of their respective offices and departments. Reports. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Approved January 29, 1937.

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FORESTS; FEDERAL ACQUISITION. 15-304. No. 485. An Act to amend Title 15 (Boundaries and Jurisdiction of the State) Chapter 15-3 (Jurisdiction over Certain Land Ceded to or acquired by the United States) Section 15-304 (Forest reserves by Federal Government in mountain region and in Okefenokee Swamp). Be it enacted by the General Assembly of Georgia: Section 1. That Section 15-304 Forest reserves by Federal Government in mountain region and in Okefenokee Swamp be changed to National Forests, Forest Experiment Stations and Wild-Life Sanctuaries by Federal Government in Northern and Central portions of State, and in Okefenokee Swamp. That Section 15-304 be amended to readThe consent of the State is hereby given to the acquisition by the United States by purchase, gift, or exchange, or by condemnation according to law, 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 all those counties in the northern and central portions of the State south to and including the following counties: Stewart, Webster, Marion, Taylor, Upson, Monroe, Jones, Putnam, Greene, Taliaferro, Wilkes, Jasper, Elbert, Warren, Hancock, Oglethorpe, Dodge, Treutlen, Laurens, Butts, and Richmond, and in the Okefenokee Swamp as in the opinion of the State and Federal Governments may be needed for the establishment, consolidation, or extension of National Forests, Forest Experiment Stations or Wild-Life sanctuaries in the State. Provided, that the State shall retain concurrent jurisdiction with the United States in and over such lands in so far as civil process is concerned in all cases, and such

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criminal process as may issue under the authority of the State 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 law had not been enacted; and Provided, that in all condemnation proceedings the rights of the Federal Government shall be limited to the specific objects set forth by laws of the United States in regard to National Forests or Wild-Life Sanctuaries. Consent to acquisition. Counties. Proviso. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. INSURANCE CORPORATION CAPITAL STOCK. 56-207 amended. No. 71. An Act to amend an Act approved by the General Assembly and set forth on page 75 in the transactions of the General Assembly of the year 1893, and now set forth in Title 56, Chapter 56-2, and paragraph 56-207 of the Code of 1933, relating to the capital stock required of insurance companies incorporated in this State, so that the present requirement that the capital stock of any such company shall be divided into shares of $100.00 each, shall be reduced to a par value of $10.00 each; 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 Chapter 207, Title 56 of the General Code of Georgia of the year 1933 and reading: When such certificate shall have been issued, the persons named therein, in case they have not taken the whole capital stock, may open books of subscription to obtain the full capital stock of the company, and, after giving such notice as they may deem expedient,

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may from time to time receive subscriptions until the whole capital stock shall be subscribed. The capital stock of said company shall be divided into shares of $100.00 each, and shall not be less than $100,000.00 for each class of insurance to be engaged in, and no insurance company chartered under this chapter shall commence the insurance business until at least this amount for each class of insurance to be engaged in shall have been paid in cash, or invested in bonds of the United States, of this State, or of the cities or counties of this State, estimated at their cash market value, or in mortgages on real estate worth twice the amount for which the same is mortgaged, which investment shall be approved by the Secretary of State, or, when he is disqualified, by the Comptroller-General. When the investment shall be in bonds of the cities or counties of this State, the Secretary of State, or Comptroller-General, as the case may be, shall require an opinion from the Attorney-General that the bonds are good, legal, and valid bonds, before approving the investment, shall be and is hereby amended so as to read hereafter as follows: When such certificate shall have been issued, the persons named therein, in case they have not taken the whole capital stock, may open books of subscription to obtain the full capital stock of the company, and, after giving such notice as they may deem expedient, may from time to time receive subscriptions until the whole capital stock shall be subscribed. The capital stock of said company shall be divided into shares of $10.00 each, and shall not be less than $100,000.00 for each class of insurance to be engaged in, and no insurance company chartered under this chapter shall commence the insurance business until at least this amount for each class of insurance to be engaged in shall have been paid in cash, or invested in bonds of the United States, of this State, or of the cities or counties of this State, estimated at their cash market value, or in mortgages on real estate worth twice the amount for which the same is mortgaged, which

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investment shall be approved by the Secretary of State, or, when he is disqualified, by the Comptroller-General. When the investment shall be in bonds of the cities or counties of this State, the Secretary of State, or Comptroller-General, as the case may be, shall require an opinion from the Attorney-General that the bonds are good, legal, and valid bonds, before approving the investment. Stock shares. 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. This Act shall be effective immediately upon its passage and approval. Approved March 1, 1937. INSURERS' DEPOSITS. 56-309 amended. No. 338. An Act to amend Section 56-309 of the Georgia Code of 1933, which relates to the deposit of securities by insurance companies, by providing that credit loan and insurance companies engaged exclusively in insuring loans or other evidences of indebtedness may deposit only $50,000.00; 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. On and after the passage of this Act, Section 56-309 of the Georgia Code of 1933, relating to the deposit of securities by insurance companies, be and the same is hereby amended by adding at the end thereof the following words and figures, to wit: Provided, however, that any credit loan and insurance company engaged exclusively in insuring loans or other evidences of indebtedness may

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deposit or reduce their deposits to a sum of not less than $50,000.00, so that said section as amended shall read as follows: 56-309. (2431) Same; Changes of Securities Deposited. All companies coming within the provisions of this law may at any time change their securities on deposit by substituting for those withdrawn a like amount in other securities of the character provided for, and whenever the net reserve value of policies outstanding and in force against any company shall be less than the amount of securities then on deposit with the Treasurer of this State, said company may withdraw such excess; but at least $100,000.00 shall remain on deposit. Companies having on deposit stocks or bonds as security may collect the dividends and interest accruing on such deposits; but upon default by such company to deposit additional security as called for by the Insurance Commissioner, the State Treasurer shall collect the interest on such stocks or bonds as it becomes due, and add the same to the securities in his hands belonging to such company Provided, however, that any credit loan and insurance company engaged exclusively in insuring loans or other evidences of indebtedness may deposit or reduce their deposits to a sum of not less than $50,000.00. Amount of deposit. Reduction. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 25, 1937. INSURERS' INVESTMENTS. 56-224 amended. No. 384. An Act to amend Section 56-224, Georgia Code of 1933, relating to investments by insurance companies, so as to permit such companies to invest in securities insured or

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debentures issued by the Federal Housing Administrator. Be it enacted by the General Assembly of Georgia: Section 1. That Section 56-224, Georgia Code of 1933, be and the same is hereby amended by the addition thereto of a new subsection entitled subsection (1), and which shall read as follows: (1) Securities insured by the Federal Housing Administrator, or debentures issued by such Administrator. Federal housing. Section 2. This Act shall take effect from and after its passage and approval by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937. INTEREST ON INSTALLMENT LOANS. 57-116. No. 508. An Act to amend Section 57-116 of the Code of 1933, relating to interest on loans to be repaid in monthly installments, to make the same apply to loans to be repaid in quarterly, or yearly installments, as well as in monthly installments; 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 37-116 of the Code of 1933, relating to interest on loans to be repaid in monthly installments, be and the same is hereby amended, by inserting therein immediately after the word monthly wherever it occurs, the words quarterly, or yearly, so that said section, when amended, shall read as follows: 57-116. Interest on Loans to be Repaid in Monthly, Quarterly or Yearly Installments. Any person, natural or

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artificial, in this State, lending money to be paid back in monthly, quarterly or yearly installments, may charge interest thereon at six (6%) per cent. per annum or less for the entire period of the loan, aggregating the principal and interest for the entire period of the loan, and dividing the same into monthly, quarterly or yearly installments, and may take security therefor by mortgage with waiver of exemption or title or both, upon and to real estate or personal property or both, and the same shall be valid for the amount of the principal and interest charged; and such contract shall not be held usurious. Interest on installments. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. JUDGES' RULES OF PRACTICE. Repealing 24-2628, 24-3307 et seq. No. 439. An Act to repeal Section 24-2628 of Chapter 24-26 of the Code of 1933, and to substitute in lieu thereof a new Section 24-2628 to read as follows: Convention of Judges to Recommend Rules of Practice to the General Assembly of Georgia. The several judges of the Superior Courts may convene at the seat of government once each year, at such time as they, or a majority of them, may appoint, for the purpose of recommending to the General Assembly of Georgia, the establishment of uniform rules of practice throughout the several circuits; which rules so recommended by the convention of judges shall not become operative and of force and effect until enacted into law by the General Assembly of Georgia; and to repeal Section 24-2629 of Chapter 24-26 of the

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Code of 1933; And to repeal certain rules made by the judges of the Superior courts as embodied in certain Code Sections of the Georgia Code of 1933, as follows: Rule 7, Section 24-3307, Rule 8, Section 24-3308, Rule 9, Section 24-3309, Rule 21, Section 24-3321, Rule 65, Section 24-3365, Rule 66, Section 24-3366, Rule 68, Section 24-3368, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia that Section 24-2628 of Chapter 24-26 of the Code of 1933, be and the same is hereby repealed, and there is hereby substituted in lieu thereof a new section, to be numbered 24-2628 of Chapter 24-26 of the Code of 1933, to read as follows: Convention of Judges to Recommend Rules of Practice to the General Assembly of Georgia. The several judges of the Superior Courts may convene at the seat of government once each year, at such time as they, or a majority of them, may appoint, for the purpose of recommending to the General Assembly of Georgia, the establishment of uniform rules of practice throughout the several circuits; which rules so recommended by the convention of judges shall not become operative and of force and effect until enacted into law by the General Assembly of Georgia. Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 24-2629 of Chapter 24-26 of the Code of 1933, be and the same is hereby repealed. Section 2-A. Be it further enacted, That the following rules of the judges of the Superior Courts, which are embodied in the sections of the Georgia Code of 1933, hereinafter designated, be and the same are hereby repealed in their entirety, to wit: Rule 7, Section 24-3307, which requires applicants for admission to the bar to have a high school education or its equivalent. Rules repealed.

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Rule 8, Section 24-3308, which requires that applicants for admission to the bar shall have studied law for a certain designated period of time before being permitted to take the bar examination. Rule 9, Section 24-3309, which requires that all applicants for admission to the bar must allege a full compliance with Rules 7 and 8, which are Section 24-3307 and 24-3308, respectively. Rule 21, Section 24-3321, which limits the time for argument to the jury, in all cases except capital cases, to thirty minutes to the side. Rule 65, Section 24-3365, which provides that no new trial shall be granted on account of relationship of a trial juror discovered subsequent to the verdict. Rule 66, Section 24-3366, which provides that if both parties move for a directed verdict it shall constitute a waiver of trial by jury, and said judge may try the case without the intervention of the jury. Rule 68, Section 24-3368, which relieves the trial judge of necessity of reducing his charge to writing before giving his charge to the jury. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 30, 1937. JURORS DRAWN AND SUMMONED. 59-207, 59-708, 59-711, 59-801. No. 517. An Act to amend Sections 59-207, 59-708, 59-711, and 59-801 of the Georgia Code of 1933, by striking said

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sections in their entirety, and substituting new sections therefor, with the same numbers as the stricken sections had; so that said new sections shall require the judges of the Superior Courts to draw all jurors names from the jury box before they are placed on jury panels; and so as to prohibit the sheriffs and their deputies from selecting or causing to be placed upon the jury lists or panels any person's name who has not been first withdrawn from the jury box by the judge of the court in the manner prescribed by law; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That the following sections, to wit: Section 59-207, 59-708, 59-711, and 59-801 of the Georgia Code of 1933, are stricken from said Code in their entirety. Section 2. Be it further enacted by the authority aforesaid, That new sections, bearing the same numbers as those sections stricken in the foregoing paragraph are hereby inserted in lieu of said stricken sections, to read as follows: Section 59-207. (867 P. C.) Tales Jurors, When Summoned. When from challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales jurors from the jury boxes of the county and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen they may be summoned by the coroner, or such other person as the judge may appoint. Tales jurors. Section 59-708. (863 P. C.) Judges May Make Up Panels, If Regular Panels Cannot Be Had; Tales Jurors. When the regular panels of petit jurors, or either of them, cannot be furnished to make up panels of 24 from which to take juries in misdemeanors, because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case, the presiding judge

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may cause said panels to be filled by summoning such numbers of persons who are competent jurors, as may be necessary to make full the said panels; and such panels of 24 shall be used as the regular panels of 24 are. The presiding judge shall draw the tales jurors from the jury boxes of the county, and order the sheriff to summon them, in the event that there are not sufficient jurors. Panels made. Section 59-711. (867 P. C.) Tales Jurors, When Summoned. When from challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete either panel of petit jurors, the judge shall draw the tales jurors from the jury boxes of the county, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned by the coroner or such other person as the judge may appoint, after their names shall have first been drawn from the jury box by the judge as above provided. Completion of panel. Section 59-801. (862, 863, 996 P. C.) Panel of 48 Jurors in Felony Trials; Tales Jurors. When any person shall stand indicted for a felony, the court shall have impaneled 48 jurors, 24 of whom shall be taken from the two panels of petit jurors, from which to select the jury. When the regular panels of petit jurors, or either of them, cannot be furnished to make up panels of 48 for the trial of felonies, because of the absence of any of such panels, where they, or any part of them, are engaged in the consideration of a case the presiding judge shall cause said panels to be filled by summoning such numbers of persons, who are competent jurors, as may be necessary to make full the said panels. If the jury shall not be made up from said panel of 48, the court shall continue to furnish panels, consisting of such number of jurors as the court, in its discretion, may think proper, until a jury shall be obtained. In making up said panel of 48 jurors, or successive panels of any number, the presiding judge shall draw the tales jurors

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from the jury boxes of the county and order the sheriff to summon them. Number on panel. Section 3. Be it further enacted by the authority aforesaid, That the purpose of this Act is to prevent the judges from ordering or allowing the sheriffs to pick up such jurors as the sheriff may choose, whose names may be in the jury boxes and on the jury lists, but whose name has not been first withdrawn from the said box by the judge of the court; it being the purpose of this Act to require that every person who serves upon a jury to be first selected by having his name withdrawn from the box by the judge. Purpose of this Act. Section 4. Be it further enacted by the authority aforesaid, That if any section or paragraph of this Act is declared unconstitutional that the remaining sections and paragraphs shall not be affected thereby, and to that extent, every paragraph and section of this Act is separate and separable. Constitutionality. Section 5. Provided, however, that the judge may draw two times the number of tales jurors needed, and take one-half of said number within the discretion of the said judge, and have the said men so selected subp[oelig]naed by the sheriff, deputy sheriff, or coroner. Judge's discretion. Section 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. MOTOR COMMON CARRIERS' FEES TO PUBLIC SERVICE COMMISSIONERS. 68-623. No. 514. An Act to amend Section 68-623 of the Code of 1933, which provides for annual registration by motor common

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carriers; license taxes prohibited; fees, and disposition thereof; to provide for the payment from the funds thus collected of $100 per month to each of the members of the Public Service Commission and $25 per month to the Chairman of the Public Service Commission for their services in executing said law; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That Section 68-623 of the Code of 1933, which provides for annual registration by motor common carriers; license taxes prohibited; fees, and disposition thereof; be and the same is hereby amended by adding after the word law and before the word and in the fifth line from the bottom of said section the following provision: said expenses to include $100 each per month to the four members of the Public Service Commission and $25 per month to the Chairman of the Public Service Commission for their services in collecting said revenue and administering this law, this compensation to be in addition to that provided elsewhere for their services in handling utility matters, so that when so amended said section will read as follows: Annual Registration By Motor Common Carriers. License Taxes Prohibited. Fees, and Disposition Thereof. Every motor common carrier shall annually on or before January 1, as long as such certificate remains in force, or before the vehicle is put into use, as to a vehicle put into use during the course of the year, make application to the Commission for registration of all motor vehicles to be operated under said certificate, in manner and form as the Commission may by rule or regulation prescribe, and shall pay to the Commission a fee of $25 for each vehicle for the registration of the same and the issuance of a permit or license to operate the same. No subdivision of this

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State, including cities, municipalities, villages, townships, or counties shall levy any excise, license, or occupation tax of any nature on said equipment, or the right to operate said equipment or any incidents of said motor carrier business, or on a motor common carrier. The money derived from the issuance and transfer of certificates and from the registration fee shall be subject to be used by the Commission for the administration and enforcement of this law, said expenses to include $100 each per month to the four members of the Public Service Commission and $25 per month to the Chairman of the Public Service Commission for their services in collecting said revenue and administering this law, this compensation to be in addition to that provided elsewhere for their services in handling utility matters, and any sum which may be left over and unexpended on the first day of January of each year shall be paid to the State Treasurer and shall be disbursed by him and paid to the State Highway Board for use in maintenance and repair of the highways as in the discretion of the Highway Board may be directed. Registration. Fee. Municipal tax prohibited. Use of money. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. MUNICIPALITIES, SALES TO, BY OFFICERS. 855 (aa) of Park's Code Amended. No. 465. An Act to amend Code Section 855 (aa) as found in Park's 1914 Annotated Code of Georgia, so as to authorize persons holding office under municipal corporations in

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Georgia to sell goods, wares, and merchandise to such municipality; and for other purposes. Section 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 855 (aa) of Park's 1914 Annotated Code of Georgia, be and the same is hereby amended by adding thereto the following: Provided, this section shall not prohibit the sale to municipalities of goods, wares and merchandise by persons holding office under such municipality, when it shall appear that such sale is made as cheap or cheaper than such goods, wares, and merchandise can be bought elsewhere, so that said Code section shall, after the passage of this Act, read as follows: No person holding office under any municipal incorporation shall, during the time for which he was elected or appointed, be capable of contracting with such corporation for the performance of any work which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contract, either by himself or by another, directly or indirectly; Provided, this section shall not prohibit the sale to municipalities (containing a population of not less than 3,800 nor more than 3,900 according to the United States Census of 1930 or any future census of the United States) of goods, wares and merchandise by persons holding office under such municipality, when it shall appear that such sale is made as cheap or cheaper than such goods, wares and merchandise can be bought elsewhere. Sales allowed in certain counties. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937.

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NON-PROFIT COOPERATIVE ASSOCIATIONS. 65-203 et seq. No. 490. An Act to amend Sections 65-203, 65-204, 65-207, 65-213, and 65-214 of the Code of Georgia of 1933, relating to non-profit cooperative associations under the Act of 1921, so as to require petition for articles of incorporation of such associations to state the names and addresses (not less than five) of the proposed directors for the first term and until the election of their successors; to authorize the inclusion and effect of additional provisions in petitions for articles of incorporation; to provide that a majority of a quorum of the members attending a meeting after notice may amend the articles of incorporation and may adopt or amend the by-laws, to authorize such associations to engage in any activity in connection with producing and the prevention of soil erosion; to authorize such associations to purchase, hold, own, transfer, or sell stock or bonds of corporations or associations engaged in financing the associations; 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 Section 65-203 of the Code of Georgia of 1933 be amended by striking therefrom the paragraph designated (e) and by inserting in lieu thereof the following: (e) The names and addresses (not less than five) of those who are to serve as directors for the first term or until the election of their successors, and by adding to the said section, between paragraphs designated (g) and the last paragraph of said section, the following new paragraph: Directors.

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In addition to the foregoing, the petition for articles of incorporation may contain any provision consistent with law with respect to management, regulation, government, financing, indebtedness, membership, the establishment of voting districts and the election of delegates for representative purposes, the issuance, retirement and transfer of its stock, if formed with capital stock, or any provisions relative to the way or manner in which it shall operate with respect to its members, officers, or directors, and any other provisions relating to its affairs; Provided, that nothing so set forth shall be construed as limiting any of the rights or powers otherwise given to such associations. Provisions in articles of incorporation. Section 2. That Section 65-204 of the Code of Georgia of 1933 be amended by striking therefrom the second sentence thereof and by substituting in lieu thereof the following: An amendment must first be approved by two-thirds of the directors and then adopted by a vote representing a majority of a quorum of the members attending a meeting of which notice of the proposed amendment shall have been given. Amendments. Section 3. That Section 65-207 of the Code of Georgia of 1933 be, and the same is, hereby amended by striking the second sentence from the first paragraph thereof and by inserting in lieu thereof the following: A majority vote of a quorum of the members or stockholders attending a meeting, of which notice of the proposed by-law or by-laws shall have been given, is sufficient to adopt or amend the by-laws. By-law amendments. Section 4. That Section 65-213 of the Code of Georgia of 1933 be, and the same is hereby amended by adding to the paragraph thereof designated (a), between the words the and marketing in the first line, the words with the terracing of lands and a comma; by inserting in line 6

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of paragraph (a) of section, after the semicolon following the word equipment, the following: or in connection with the prevention of soil erosion, and by adding at the end of paragraph (d) of said section the words Soil erosion. or engaged in the financing of the association. Financing. Section 5. That Section 65-214 of the Code of Georgia of 1933, be and the same is, hereby amended by inserting therein, between the words the and marketing the words with the terracing of land and a comma, and by inserting in line 6 of said section after the semicolon following the word supplies the following: or in connection with the prevention of soil erosion. Soil erosion. Section 6. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. OIL INSPECTORS. 73-202 amended 73-206 repealed. No. 101. An Act to amend Section 73-202, of Title 73 of the Code of 1933, which section provides the manner of appointment, term, salary, etc., of State oil inspectors, so as to make the expense accounts of such inspectors subject to the approval of the Comptroller-General, and so as to provide that the inspectors shall serve for no fixed term, but at the pleasure of the Comptroller-General; to repeal Section 73-206, of Title 73 of the Code providing for the removal of the State oil inspectors; and for other purposes.

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Be it enacted by the General Assembly of Georgia and it is hereby enacted: Section 1. That Section 73-202 of the Code be and the same is hereby amended by striking and repealing the words and figures not to exceed the sum of $2,400.00 each per annum in line six of said section, and inserting in lieu thereof the words to be approved by the Comptroller-General; by striking and repealing the last sentence of said section and inserting in lieu thereof the following sentence: The oil inspectors herein provided for, whether heretofore or hereafter appointed, shall serve at the pleasure of the Comptroller-General, so that said section, when amended, shall read as follows: Code, 73-202 amended. The offices of general oil inspector, State oil inspectors, and all local oil inspectors are hereby abolished, and it shall be the duty of the Comptroller-General to appoint six oil inspectors, each of whom shall receive a salary of $2,400.00 per annum, and shall be allowed an expense account approved by the Comptroller-General, payable monthly. The oil inspectors herein provided for, whether heretofore or hereafter appointed, shall serve at the pleasure of the Comptroller-General, Provided however the expenses shall not exceed $2,400.00 per annum. Salary and expenses. Tenure of service. Section 2. That Section 73-206 of the Code, which provides for the removal of the State oil inspectors on a hearing before the Governor, Attorney-General, and Comptroller-General, be and the same is hereby repealed in its entirety. Repeal of 73-206. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937.

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PETROLEUM OILS, ETC. Adding 73-222, 73-223. No. 410. An Act to amend Title 73 (Paints, Oils, and Petroleum Products), Chapter 73-2 (Inspection, Sale, etc., of Gasoline, Kerosene, and other Petroleum Products), of the Code of Georgia of 1933, by adding two new sections to be numbered 73-222 (Substitution and Misbranding Prohibited), and 73-223 (Definition of Person), for the purpose of preventing deception, substitution, and misbranding in the storing, selling, or offering for sale of liquid fuels, lubricating oils, greases, and/or other similar products. 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 Title 73 (Paints, Oils, and Petroleum Products), Chapter 73-2 (Inspection, Sale, etc., of Gasoline, Kerosene, and other Petroleum Products), of the Code of Georgia of 1933 be and the same is hereby amended by adding two new sections to be numbered 73-222 (Substitution and Misbranding Prohibited), and 72-223 (Definition of Person), and to read as follows: 73-222. Substitution and Misbranding Prohibited. (A) No person shall store, sell, expose or offer for sale any liquid fuels, lubricating oils, greases, and/or other similar products. Acts prohibited. (1) in or from any container, receptacle, tank, pump or other distributing device other than those products manufactured or distributed by the manufacturer or distributor indicated by the trade-mark, trade-name, name, symbol, sign or other distinguishing mark or device displayed upon said container, receptacle, tank, pump, or other distributing device

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in or from which such products are stored, sold, exposed or offered for sale or distributed, or (2) under any trade-mark, trade-name, name, symbol, sign, or other distinguishing mark or device other than those products manufactured or distributed by the manufacturer or distributor marketing such products under such trademark, trade-name, name, symbol, sign or other distinguishing mark or device, or (3) in any manner whatsoever which may deceive, or have the effect of deceiving the purchaser of such products as to the nature, quality or quantity of the products so stored, sold, exposed or offered for sale. (B) No person shall disguise or camouflage his equipment by imitating the trade-mark, trade-name, name, symbol, sign, or other distinguishing mark or device under which recognized brands of liquid fuels, lubricating oils, greases, and/or other similar products are generally marketed. (C) No person shall mix, blend, or compound the liquid fuels, lubricating oils, greases, and/or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and/or store, sell, expose or offer for sale such mixed, blended, or compounded products under the trade-mark, trade-name, name, symbol, sign, or other distinguishing mark or device of either of said manufacturer or distributor, or as the adulterated products of such manufacturer or distributor. (D) No person shall aid or assist any other person in violating any of the provisions of this Act by depositing or delivering into any container, receptacle, tank, pump, or other distributing device, any liquid fuels, lubricating oils, greases and/or other similar products, other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor, or the trade-mark, trade-name, name, symbol, sign or other distinguishing mark or device

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of the product displayed on said container, receptacle, tank, pump or other distributing device, used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this Act. (E) Provided, however, that nothing herein shall prevent the lawful owner thereof from applying his or its own trade-mark, trade-name, name, symbol, sign or other distinguishing mark or device to any product or material. Trade-marks, etc. Be it further enacted by the authority aforesaid, that 73-223. Definition of Person. The term person as used in this Act shall mean and include natural persons, and partnerships, firms, associations, joint stock companies, syndicates and corporations, and also any receiver, trustee, conservator, or other officer appointed by any State of Federal court, also counties, municipalities, and/or other political subdivisions of this State, singular or plural, and shall include the State of Georgia, the use of the singular number shall include the plural number; and if any partnership, firm, association, joint stock company, syndicate, or corporation violate any of the provisions of this Act, every director, officer, agent, employee, or member participating in, aiding or authorizing the act, or acts, constituting the violating of this Act shall be guilty of violating this Act, and shall be subject to the punishment herein provided. Persons defined. Section 2. Any person or association of persons, firm or corporation who shall violate any of the provisions of this Act shall upon conviction thereof be punished as for a misdemeanor. Violation a misdemeanor. Section 3. Constitutionality. That if any part, or parts, section, subsection, sentence, clause or phrase of this Act are for any reason declared unconstitutional, such decision shall not affect the validity of the remaining portions of this Act which shall remain standing as if such Act had been passed with the unconstitutional part or parts, section,

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subsection, sentence, clause or phrase thereof eliminated, and it is hereby declared by the General Assembly as a legislative Act that it would have adopted this Act if such unconstitutional part or parts, section, subsection, sentence, clause or phrase had not been included herein. Constitutionality. Section 4. Effective Date. That this Act shall become effective on the first day of the next succeeding month following approval. Effective date. Section 5. Repealing Clause. That all laws and/or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. PHARMACISTS' REGISTRATION FEE. 84-1319 amended. No. 443. An Act to amend Section 84-1319 of the Code of 1933 relating to the annual registration of pharmacists by providing a fee to be paid to the Joint-Secretary of the State Examining Boards, 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 84-1319 be and it is hereby amended by adding after the words, State Examining Boards in the fourth (4th) line thereof; the following words, and pay a fee of $2.00 to the Secretary thereof, so that when said section is amended, it will read as follows: Every person who shall be duly licensed under the provisions of this chapter, shall, annually, before engaging in any business under said license, register in the office of the Joint-Secretary, State Examining Boards, and pay a fee of

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$2.00 to the Secretary thereof; said registration shall be entered in a book to be kept for that purpose by said Secretary and shall show registrant's name, nationality, and credentials and date thereof under which he is entitled to engage in such vocation at the time of filing such registration; and a certificate of such registration, stating the terms of the same, shall be given him by said secretary. Registration fee. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 30, 1937. POWERS OF SALE, EXERCISE OF. 37-607 amended. No. 57. An Act to amend Section 37-607 of the Code of Georgia, relating to the construction and manner of exercise of powers of sale in deeds, mortgages, and other instruments, so as to provide who may exercise such powers and the manner of exercise when the grantor or donor of the power is dead; 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 Section 37-607 of the Code of Georgia of 1933 be amended by adding at the end thereof the following: Unless the instrument creating such power specifically provides to the countrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale

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to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor, may exercise any power therein contained. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though such grantor or donor were in life, and it shall not be necessary, in the exercise of such power, to advertise or sell as the property of the estate of the deceased, nor to make any mention of or reference to such death, so that when amended, said section will read as follows: 37-607. (4620) Power of sale in deeds of trust, etc. Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. The time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating such power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor, may exercise any power therein contained. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though such grantor or donor were in life; and it shall not be necessary, in the exercise of such power, to advertise or sell as the property of the estate of the deceased, nor to make any mention of or reference to such death. Who may exercise the power. Section 2. That all laws and parts of law in conflict herewith be and the same are hereby repealed. Approved February 23, 1937.

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PRISON COMMISSION MEMBERSHIP, SALARY INCREASE. 77-301, 77-303. No. 401. An Act to amend Section 77-301 of the Georgia Code of 1933, relating to the election, terms of office, vacancies and Chairman of the Prison Commission, by providing that the Governor and the Chairman of the State Highway Commission shall be ex-officio members of the Prison Commission; and to amend Section 77-303 of the Georgia Code of 1933, relating to the salaries of the Prison Commissioners of Georgia, by providing that the members of the Prison Commission shall receive a salary of $5,000.00 per annum, payable monthly; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. Section 77-301 of the Georgia Code of 1933 be and the same is hereby amended by adding thereto the following language: The Governor and the Chairman of the Highway Commission shall be ex-officio members of the State Prison Commission; Provided, however, that the Governor and the Chairman of the State Highway Commission shall receive no salary or compensation of any kind for their services as ex-officio members of the State Prison Commission. Ex-officio members. No pay. Section 2. Section 77-303 of the Georgia Code of 1933, relating to the salaries of the Prison Commissioners of Georgia, be, and the same is hereby amended by striking from said Section 77-303 the amount $3,500.00, and inserting in lieu thereof the amount $5,000.00, so that said section as amended will read as follows:

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77-303. Salaries and Expenses of Commissioners. The Commissioners shall receive as salaries the sum of $5,000.00 each per annum, and in addition thereto actual traveling expenses while in the discharge of their duties, which salaries shall be paid as those of Statehouse officers are now paid, and their traveling expenses by warrants upon itemized bills, certified by the Board and approved by the Comptroller-General. Salary increase and expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. PRISON-MADE GOODS, SALE OF. 77-323 repealed. No. 80. An Act to prohibit the sale of goods on the open market produced by convicts in the State of Georgia or in any other State, to provide penalties for violation of this Act, and to repeal Section 77-323, of Chapter 77-3, of Title 77 of the 1933 Code of Georgia and all other laws in conflict herewith. Section 1. Sale of Prison-Made Prohibited. No goods, wares, or merchandise, manufactured, produced, or mined wholly or in part, by convicts or prisoners, except convicts or prisoners on parole or probation, in the State of Georgia or in any other State, shall be sold in this State to any person, firm, association, or corporation; except that nothing in this section shall be construed to forbid the sale of such goods produced in the prison institutions of this State to the State, to be in turn sold by State to public, or any political division thereof, or to any public institution owned or managed and controlled by the State, or any political subdivision thereof. Sales prohibited.

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Section 2. Penalty. Whoever violates any of the provisions of this Act shall be guilty of a misdemeanor. Penalty. Section 3. Repeal. Upon the effective date of this Act. Section 77-323 of Chapter 77-3 of Title 77 of the 1933 Code of Georgia, authorizing the Prison Commission to sell the products of the penitentiary, and all laws and parts of laws in conflict with this Act are hereby repealed. Repeal. Section 4. Effective Date. This Act shall take effect July 1, 1937. Approved March 3, 1937. PROBATION OFFICERS. New 27-303. No. 322. An Act to amend Title 27 (Criminal Procedure), Part 7 (After Conviction and Sentence), Chapter 27-26 (Insanity After Conviction), Section 27-2703 (Probation Officers; Volunteers and Assistants), by repealing said Section 27-2703 and enacting a new section to provide that it shall be the duty of the court molding the sentence in those counties which do not provide a regular salaried probation officer to secure the written consent of some responsible person in the community who will agree to be a volunteer probation officer for the person whose sentence is molded; and to provide further that it shall be the duty or each volunteer probation officer to aid the probationer in abiding by the terms of his or her probation as set forth by the judge at the time of molding the sentence, and to report to the court when such conditions are not faithfully observed; and to provide further that the grand jury of any county may recommend to the judge of its Superior Court that he appoint a county probation officer and such assistants as may be

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deemed necessary, who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the county; and it shall be the duty of the judge to appoint such person or persons as seem best qualified for the duties devolving upon a probation officer to serve during the pleasure of the court making the appointment, and to fix the salary which shall be paid out of the county treasury as a part of the court expenses; and to provide further that in any county in which there now is or in which there may hereafter be established a constitutional City Court, the recommendation of the grand jury aforesaid shall be to the judge of such constitutional City Court, who, instead of the judge of the Superior Court, shall appoint a county probation officer and such assistants as may be deemed necessary, who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the county; and it shall be the duty of such judge to appoint such person or persons as seem best qualified for the duties devolving upon a probation officer to serve during the pleasure of the court making the appointment, and to fix the salary which shall be paid out of the county treasury as a part of the court expenses; and to provide further that the judge making the appointment in accordance with the provisions of this Act, whether a judge of the Superior Court or a judge of a constitutional City Court, may require of said appointee a bond in such sum, with security, as the court making the appointment may determine; and to provide further that men or women are eligible as volunteer or assistant probation officers, provided they are not members of a county or municipal police force; and to provide further that in any county in which there now is a constitutional City Court where a probation officer has been appointed and where one or more assistant probation officers may have been appointed or where one or more assistant probation officers may have been appointed prior to the passage of this Act,

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such officer or officers shall serve only during the pleasure of the judge of such constitutional City Court; and to provide further that any subsequent appointment of either a probation officer or an assistant or assistants shall be made by the judge of such constitutional City Court under the same terms and provisions as herein provided for the appointment of such officers; Provided that this Act shall apply only to those counties containing a population of between 75,000 and 100,000 by the U. S. census of 1930 or any future census; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Title 27 (Criminal Procedure), Part 7 (After Conviction and Sentence), Chapter 27-26 (Insanity After Conviction), Section 27-2703 (Probation Officers; Volunteers and Assistants), of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said Section 27-2703 and enacting in lieu thereof a new section to be numbered Section 27-2703, to read as follows: 27-2703. It shall be the duty of the court molding the sentences in those counties which do not provide a regular salaried probation officer to secure the written consent of some responsible person in the community who will agree to be a volunteer probation officer for the person whose sentence is molded. It shall be the duty of each volunteer probation officer to aid the probationer in abiding by the terms of his or her probation as set forth by the judge at the time of molding the sentence, and to report to the court when such conditions are not faithfully observed. The grand jury of any county may recommend to the judge of its Superior Court that he appoint a County Probation Officer and such assistants as may be deemed necessary, who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the county; and it shall be the duty of the judge to appoint such person or persons as seem best qualified for the duties

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devolving upon a probation officer to serve during the pleasure of the court making the appointment, and to fix the salary which shall be paid out of the county treasury as a part of the court expenses; Provided, however, that in any county in which there now is or in which there may hereafter be established a constitutional City Court, the recommendation of the grand jury aforesaid shall be to the judge of such constitutional City Court who, instead of the judge of the Superior Court, shall appoint a county probation officer and such assistants as may be deemed necessary, who shall have supervision and oversight of all probationers from the several courts of criminal jurisdiction in the county; and it shall be the duty of such judge to appoint such person or persons as seem best qualified for the duties devolving upon a probation officer to serve during the pleasure of the court making the appointment, and to fix the salary which shall be paid out of the county treasury as a part of the court expenses; and provided further that the judge making the appointment in accordance with the provisions of this Act, whether a judge of the Superior Court or a judge of a constitutional City Court, may require of said appointee a bond in such sum, with security, as the court making the appointment may determine. Men or women are eligible as volunteer or assistant probation officers, provided they are not members of a county or municipal police force. In any county in which there now is a constitutional City Court where a probation officer has been appointed, and where one or more assistant probation officers may have been appointed or where one or more assistant probation officers may have been appointed prior to the passage of this Act, such officers shall serve only during the pleasure of the judge of such constitutional City Court. Any subsequent appointment of either a probation officer or an assistant or assistants shall be made by the judge of such constitutional City Court under the same

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terms and provisions as herein provided for the appointment of such officers. Volunteer probation officer. County officer and assistants. Recommendation to city court judge. Bond. Men or women eligible. Section 2. Provided that this Act shall apply only to those counties containing a population of between 75,000 and 100,000 by the U. S. Census of 1930 or any future census. Section 3. 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 24, 1937. PUNISHMENT FOR KIDNAPPING. 26-1603 amended. No. 105. An Act to amend Section 26-1603 of the 1933 Code of Georgia providing the punishment for the offense of kidnapping by changing the penalty from four to twenty years imprisonment to death; 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 on and after the passage of this Act: Section 1. Section 26-1603 of the 1933 Code providing: Kidnapping shall be punishable by imprisonment and labor in the penitentiary for not less than four years nor more than seven years: Provided that kidnapping for ransom shall be punishable by imprisonment and labor in the penitentiary for not less than four years, nor more than twenty years, be and the same is hereby amended by striking from the third section the language: by imprisonment and labor in the penitentiary for not less than four years, nor more than twenty years, and substituting in lieu thereof the language: by death, by adding the following

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proviso after the word death, where the same occurs in section as amended: Provided, however, the jury upon the trial of said case may recommend that the defendant be punished with life imprisonment, so that Section 26-1603 of the 1933 Code as amended shall read as follows: 26-1603. Punishment.Kidnapping shall be punishable by imprisonment and labor in the penitentiary for not less than four years, nor more than seven years: Provided, that kidnapping for ransom shall be punishable by death. Provided, however, the jury upon the trial of said case may recommend that the defendant be punished with life imprisonment. Death of life-imprisonment. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 5, 1937. PUNISHMENT FOR ROBBERY. 26-2502. No. 486. An Act to amend Section 26-2502 of the 1933 Code of Georgia, providing punishment for robbery by open force or violence, so that the punishment shall be death or life imprisonment instead of four to twenty years; and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. That Code Section 26-2502 of the 1933 Code of Georgia, providing: Robbery by open force or violence shall be punished by imprisonment and labor in the penitentiary for not less than four years nor more than 20 years, be and the same is hereby amended by striking

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therefrom the following language: By imprisonment and labor in the penitentiary for not less than four years nor more than 20 years, and substituting in lieu thereof the following words: By death unless the jury recommends mercy, in which event, punishment shall be imprisonment in the penitentiary for life provided however the jury in all cases may recommend that the defendant be imprisoned in the penitentiary for not less than four years nor longer than 20 years in the discretion of the court. so that Section 26-2502 of the 1933 Code when amended will read as follows: Robbery by open force or violence shall be punished by death, unless the jury recommends mercy, in which event punishment shall be imprisonment in the penitentiary for life; Provided, however, the jury in all cases may recommend that the defendant be imprisoned in the penitentiary for not less than four years nor longer than 20 years, in the discretion of the court. Death of life-imprisonment. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. REDEMPTION AFTER TAX SALE. 92-4402, 92-8301 repealed. No. 496. An Act to repeal Sections 92-4402 and 92-8301 of the Code of Georgia of 1933; and to extend, fix, and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of State, county, city, municipal, or school taxes, or special assessments; to provide for the foreclosure of said right of redemption by notice; to prescribe the form of such notice, and

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to provide for the service thereof; to fix the redemption price, or amount payable on redemption; to establish a condition precedent to the right to file or maintain any proceeding to set aside a tax deed, in certain cases; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by authority of the same, that Section 92-4402 of the Code of Georgia of 1933, which said section is as follows, to wit: Whenever any land is so sold, the owner thereof shall have the privilege of redeeming such land within one year, by paying the purchaser the amount paid by him for the land, with 10 per cent. premium thereon, and Section 92-8301 of the Code of Georgia of 1933, which said Section is as follows, to wit: Where real estate has been sold under any State, city, county, or school tax fi. fa., or drainage assessment, the same may be redeemed at any time within 12 months after the sale, by the defendant in fi. fa., his guardian or trustee, heirs or personal representatives, or by any tenant in common, remainderman, or other person having an interest in such property, or by the holder of any mortgage, judgment, lien, or other interest in said property, or by any creditor of the defendant in fi. fa., by paying the purchaser the amount paid by said purchaser for said land, with 10 per cent. premium thereon. The 10 per cent. premium may not be increased by the addition of interest or otherwise. Repeal. be and the same are hereby repealed. Section 2. Be it further enacted by the authority aforesaid, that whenever any real property shall be sold under or in obedience to any execution issued for the collection of State, county, city, municipal or school taxes, or special assessments, the defendant in fi. fa., or any person having any right, title or interest in or lien upon said property, may

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redeem said property from said sale at any time within twelve months from the date of said sale, and at any time thereafter until the right to redeem shall be foreclosed by the giving of the notice hereinafter provided for, by the payment of the redemption price, or amount required for redemption, as hereinafter fixed and provided. Redemption time. After twelve months from the date of such sale, the purchaser at such sale, or his heirs, successors or assigns, may terminate, foreclose, divest and forever bar the right to redeem said property from said sale by causing a notice, or notices, of such foreclosure to be served, as is hereinafter more fully provided, upon the defendant in the execution under, or in obedience to which said sale was held, and upon the occupant, if any, of said property, and upon all persons or corporations having, of record in the county in which said land is located, any right, title, or interest in or lien upon said property, provided that nothing herein shall be construed to require that any notice shall be given to any person whose right, title or interest in, or lien upon said property does not appear of record in the county in which said land is located. Provided that heirs of any deceased owner of any such land shall be served by the sheriff or notified as provided herein. Notice to foreclose. Right to redeem. Said notice shall be written or printed, or partly written and partly printed, and shall be in substantially the following form, to wit: Take Notice That: Form of notice. The right to redeem the following described property, to wit:.....will expire, and be forever foreclosed, and barred, on and after the.....day of.....193...... The tax deed to which this notice relates is dated the.....day of.....193....., and is

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recorded in the office of the Clerk of the Superior Court of.....County, Georgia, in Deed Book.....at page...... Said property may be redeemed at any time before the.....day of.....193....., by payment of the redemption price, as fixed and provided by law, to the undersigned, at the following address, to wit...... Please be governed accordingly. ...... The purchaser at the tax sale, or his heirs, successors, or assigns, as the case may be, shall make out an original notice, in substantially the above form, and one copy thereof for each person to be served therewith, and shall deliver the same, together with a list of the persons and corporations to be served, to the sheriff of the county in which said land is located not less than forty-five days before the date set in each such notice for the expiration of the right to redeem. Within fifteen days thereafter, the said sheriff shall, personally or by deputy, serve a copy of such notice upon each of the persons or corporations included on the list so furnished him, residing in the said County, and shall make an entry of such service on the original copy of said notice. Leaving a copy of the notice at the residence of any person required to be served therewith shall be a sufficient service of the notice. Service. If the said sheriff, personally or by deputy, shall make an entry that he is unable, for any reason, to effect service upon any person required to be served, then the person (or corporation) who requested that the service be made shall forthwith cause a copy of said notice to be published, once a week for two consecutive weeks, in the newspaper in which sheriff's advertisements for said county are published; and such publication shall operate as, and for all purposes be

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treated as, service upon all persons or corporations as to whom the sheriff has made an entry that he has been unable to effect service. Publication. Serving said notices is hereby made an official duty of the several sheriffs of this State; and said sheriffs shall be entitled to a fee of $1.00 for each such notice served, and to a fee of $1.00 for each such notice as to which an entry of inability to effect service is made; which said fees shall be paid to the sheriff by the person or corporation requesting such service; and the amount of which said fees shall be added to and shall become a part of the price or amount payable upon redemption of said property. Each such original notice, together with the entry of the sheriff thereon, shall be returned to the person or corporation by which said service was requested, upon the payment of the sheriff's costs, as above fixed and provided; and any such original notice, together with the entries thereon, may be filed for record and recorded on the deed records in the office of the clerk of the Superior Court of the county in which said land is located. Fee for service. Return and record. Service of such notices may be waived, in writing, by any person or corporation required or entitled to be served therewith. Waiver. The amount required to be paid for redemption from any such sale for taxes, herein sometimes called the redemption price, shall be the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus a premium of 10 per cent. of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made; and if redemption shall not be made until after notice as hereinabove required shall have been given, there shall be added to the redemption price, as a part thereof, the sheriff's cost in connection with the serving of said notices, and the cost of the publication of said notice,

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if any, and the further sum of 10 per cent. of the amount paid for the property at said sale, to cover the cost of making the necessary examinations to determine the persons or corporations upon whom said notices should be served; all of which said amounts shall be paid to the purchaser at said tax sale, or his heirs, successors or assigns, in lawful money of the United States of America. Amount to be paid on redemption. After notice to foreclose the right of redemption, as hereinabove required and provided for, shall have been given, no suit at law, or bill in equity, shall be filed, allowed, sanctioned or maintained for the purpose of setting aside, cancelling, or in anywise invalidating the tax deed referred to in such notice, or the title conveyed by said tax deed, unless and until the plaintiff in said suit or bill in equity shall pay, or legally tender, to the grantee in said deed, or the heirs, successors or assigns of said grantee, as the case may be, the full amount of the redemption price for said property, as hereinabove fixed and determined; unless it shall clearly appear that the tax or special assessment for the collection of which the execution under or in obedience to which said sale was held was not due at the time of said sale, or that service or notice was not given as required herein. Tender before suit to cancel. Section 3. Be it further enacted by the authority aforesaid, That nothing herein contained shall be construed or held to apply to or affect any tax sale heretofore held or any tax deed now outstanding, as to which the sections of the Code hereby appeal shall remain of full force and effect. Not applied to previous tax sales. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and they hereby are repealed. Approved March 31, 1937.

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REVENUE COMMISSION; DELINQUENT TAXES 92-5802A Added No. 417 An Act to amend Chapter 92-58 (Title 92) Code of 1933, entitled Collection from delinquent taxpayers by the State Revenue Commission, by adding a new section to be known as 92-5802A, so as to provide for additional duties of the Revenue Commission, its Deputy Revenue Commissioners or Agents for the collection of taxes that may be due the State for ad valorem taxes against tangible or intangible personal property owed by delinquent or defaulting taxpayers; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows: Chapter 92-58 (Title 92), Code of 1933, entitled Collection from delinquent taxpayers by the State Revenue Commission, is hereby amended by adding a new section to be known as 92-5802A, to wit: 92-5802A. Additional Duties of State Revenue Commission, Deputy Revenue Commissioners, or Agents. In addition to the duties provided by law it shall be the duty of the State Revenue Commission and its Deputy Revenue Commissioners, or agents to look after the collection of delinquent taxes that may be due to the State for ad valorem taxes on personal property, tangible or intangible; to investigate the non-payment of delinquent taxes and collect the same; to investigate, cause to be placed upon the tax digest and collect the taxes that may be due from defaulters who are negligent or fail to return the proper taxes due the State upon personal property, tangible or intangible. Where the owner of such property has omitted to return such property for taxation at the time and for the year that return should have been made, having returned such property, has grossly undervalued same, the Commission through its

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deputies or agents shall require such delinquent or defaulting taxpayers to make a proper return, or return the omitted property, the same shall be assessed in the manner and method prescribed in Chapter 92-61 of the Code of 1933. All such assessment for delinquent or defaulting taxpayers shall be collected and paid into the State Treasury, and the State Revenue Commission shall thereupon notify the Tax Receiver of the taxpayer's residence of such assessment, and it shall thereupon be the duty of such local Tax Receiver to cause such omitted property or increased assessment to be placed on the county digest. Delinquent or defaulted property taxes. Payment to Treasury. Notice. Section 2. Any and all laws or parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. SPECIAL CRIMINAL BAILIFFS. 24-3202, Note. No. 505. An Act to amend an Act approved March 28, 1935, said Act to be amended being itself an amendment to Section 808 of the Penal Code of Georgia of 1910, which provides for the appointment of special criminal bailiffs in counties having a population of 35,000 or more, by providing that such appointment shall be made in counties having a population of not less than 26,225 and not more than 26,550 according to the United States census of 1930. Be it enacted by the General Assembly of Georgia, and it is hereby enacted that: Section 1. That Section 808 of the Penal Code of Georgia of 1910 which provides for the appointment of special criminal bailiffs by the Solicitor-General in counties having

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a population of 35,000 or more, as provided for in said Act approved March 28, 1935, is hereby amended for by providing that in all counties having a population of not less than 26,225 nor more than 26,550 according to the United States census of 1930, the Solicitor-General in said counties shall each be entitled to a special criminal bailiff to be appointed by such Solicitor-General with the approval of judge of Superior Court in such counties, and a said bailiff shall be subject to removal by such Solicitor-General and such judge by misconduct in office, or other sufficient cause within their own judgment. Bailiff for solicitor-general. Section 2. That the boards of roads and revenue in such counties or the fiscal agent in such counties shall pay such bailiffs a salary of not more than $75.00 per month. Salary. Section 3. That all laws or parts of laws in conflict with this Act shall be in the same or hereby repealed. Approved March 31, 1937. STATE DEPOSITORIESGOVERNOR'S APPOINTMENT. 100-101. No. 516. An Act to amend Section 100-101 (State Depositories provided for in various cities) of the Code of Georgia of 1933, by striking said section in its entirety and inserting in lieu thereof the following: The Governor may name and appoint one or more solvent chartered banks of good standing and credit in any city or town of this State, under the terms of the general law governing bank depositories; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That Section 100-101, (State Depositories provided for in various cities) of Title 100 (State Depositories) of the Code of Georgia of 1933, and all Acts amendatory thereof be, and the same are hereby amended by striking said Section 100-101 in its entirety and inserting and enacting in lieu thereof the following: The Governor may name and appoint one or more solvent chartered banks of good standing and credit in any city or town of this State, under the terms of the general law governing bank depositories, so that said Section 100-101, when so amended, shall be and read as follows: 100-101. (1249) State depositories provided for in various cities. The Governor may name and appoint one or more solvent chartered banks of good standing and credit in any city or town of this State, under the terms of the general law governing bank depositories. Appointment by Governor. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937. STATE DEPOSITORY IN TIGNALL. 100-101. No. 276. An Act to amend Code Section 100-101, Code of Georgia, for 1933, by adding the Town of Tignall, Georgia, to the list of State Depositories. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that Section 100-101 of the Code of Georgia for 1933 designating State Depositories be and the same is hereby amended by adding immediately after the word Tifton and just before the word Toccoa the word Tignall,

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so that said Code section as amended shall read as follows: 100-101. State Depositories Provided for In Various Cities. The Governor shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities and towns, to wit: In Adel, Ailey, Alamo, Albany, Alma, Alpharetta, Alston, Americus, Arlington, Ashburn, Athens, Atlanta (nine depositories), Augusta, Bainbridge, Barnesville, Baxley, Blackshear, Blairsville, Blakely, Blue Ridge, Boston, Bremen, Brunswick, Buchanan, Buford, Butler, Cairo, Calhoun, Camilla, Canton, Carrollton, Cartersville, Cedartown, Chipley, Claxton, Cochran, Collins, Colquitt, Columbus, Comer, Conyers, Cordele, Cornelia, Covington, Crawford, Cumming, Dahlonega, Dallas, Dalton, Darien, Dawson, Decatur, Dexter, Donalsonville, Douglas, Douglasville, Dublin, Eastman, Eatonton, Edison, Elberton, Ellaville, Ellijay, Fairburn, Fayetteville, Fitzgerald, Folkston, Forsyth, Fort Gaines, Fort Valley, Franklin, Gainesville, Georgetown, Gibson, Glennville, Glenwood, Gordon, Greensboro, Greenville, Griffin, Guyton, Harmony Grove, Hartwell, Hawkinsville, Hazelhurst, Homerville, Irwinville, Jackson, Jasper, Jefferson, Jeffersonville, Jesup, Jonesboro, Kingsland, LaFayette, LaGrange, Lakeland, Lavonia, Lawrenceville, Lincolnton, Louisville, Ludowici, Lumpkin, Lyons, Macon (four depositories), Madison, Manchester, Marietta, McDonough, McRae, Metter, Milledgeville, Millen, Monroe, Montezuma, Monticello, Morgan, Moultrie, Mt. Vernon, Nashville, Newnan, Ocilla, Pearson, Pelham, Pembroke, Perry, Quitman, Rebecca, Reidsville, Reynolds, Richland, Ringgold, Rochelle, Rockmart, Rome, Royston, Sandersville, Savannah, Senoia, Shellman, Soperton, Sparta, Springfield, Statesboro, Summerville, Swainsboro, Sylvania, Sylvester, Talbotton, Tallapoosa, Temple, Tennille, Thomaston, Thomasville, Thomson, Tifton, Tignall, Toccoa (two depositories), Uvalda, Valdosta, Vidalia, Vienna, Warrenton, Washington, Waycross, Waynesboro, Willacoochee,

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Winder, Woodbury, and Wrightsville, which shall be known and designated as State Depositories; Provided, that in each of said cities having a population of not less than 6,000 and not more than 15,000, and in each of said cities having a population of less than 6,000 but located in counties having a population of more than 30,000, according to the United States census of 1920, the Governor may name and appoint not more than two chartered banks of good standing and credit, which shall be known and designated as State Depositories; Provided, further, that in each of said cities having a population of 15,000 and over, according to the United States census of 1920, the Governor may name and appoint not more than three solvent chartered banks of good standing and credit, which shall be known and designated as State Depositories; Provided, that in each city having a population of not less than 6,180 and not more than 6,200, and also in each city having a population of not less than 11,554 and not more than 11,560, the Governor may name and appoint one depository in addition to those now provided by law, under the terms of the general law governing bank depositories. Tignall added. Two banks in certain cities. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1937. STREET FRANCHISE IN CITY. 85-1312. No. 403. An Act to amend Section 85-1312 of the Code of 1933, relating to franchise when exclusive so that municipal corporations shall have the right to grant exclusive franchise of any character under this authority in all cities

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or municipalities having a population of more than 200,000 according to U.S. census of 1930 or any future U.S. census. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. Section 85-1312 (3640) Franchises, When Exclusive. That Section 85-1312 of the Code of Georgia of 1933, which declares That no franchise granted by the State shall be held to be exclusive unless plainly and expressly declared to be in the grant be amended by adding the following word, sentences and phrases, after the word grant to wit: except, however, in any city or municipality of this State having a population of more than 200,000 according to the U. S. census of 1930 or any future U. S. census shall have the power and authority to grant an exclusive franchise pertaining to streets and/or sidewalks for a period of three years but not subject to renewal, to any person, firm, or corporation under this power and authority to grant such a franchise whether or not it be plainly or expressly stated in the charter of such municipality or city. Grant of exclusive franchise in city. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. SUPERVISOR OF PURCHASES. 40-1901 et seq. No. 351. An Act to amend Chapter 40-19 of the 1933 Code known as the chapter creating the Supervisor of Purchases within the Executive Department by amending Section

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40-1901 changing the amount of salary therein and by amending Section 40-1902 of said chapter known as duties of Supervisor of Purchases by striking said section in its entirety and inserting in lieu thereof other sections; prescribing the duties and authority of the Supervisor of Purchases, prohibiting any interference with the printing of the reports of the Supreme Court and the Court of Appeals as defined in 90-2 of the 1933 Code of Georgia, creating a State Purchasing Board prescribing its duties and powers, requiring departments, institutions and agencies of the State to furnish estimates and inventories of supplies, materials and equipment needed to the Supervisor of Purchases as and when requested to do so; requiring compliation and consolidation of estimates and inventories by the Supervisor of Purchases; authorizing the purchase by contract under sealed bids after proper advertisement of supplies, materials and equipment needed by the different departments, boards and institutions of State; providing the ways in which contracts shall be advertised and let; authorizing the requirement of bonds or certified checks to accompany bids by the seller; prescribing the manner in which bids shall be opened; requiring the Supervisor of Purchases to certify source of supplies and the contract price to the different institutions, agents and departments of State; requiring requisition to be made by the departments of State upon the Supervisor of Purchases for needed supplies, materials and equipment; authorizing the purchase of perishable goods, technical instruments and minor supplies by the different departments, institutions and agencies of State; and providing the manner in which said purchase shall be made; providing for the purchase in open market of necessary emergency supplies, materials and equipment; making contracts entered into other than as herein provided void; providing for the use of Georgia products when and where practicable;

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providing for the adoption, modification or abrogation of rules and regulations to execute the terms of this Act; making it unlawful for interested parties, employees, assistants or members of the State Purchasing Board to give or accept anything of value to induce or prevent a contract under this Act; to fix penalties for violations of this Act; to authorize the Supervisor of Purchases to appoint clerical help, assistants and employees and fix their salaries; requiring the State Supervisor of Purchases to obtain needed supplies from the State Prison Commission when available; to provide a saving clause; and to provide for the repeal of all laws in conflict with this Act, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Chapter 40-19, Section 40-1901 of the Code of the State of Georgia, 1933, be and the same is hereby amended by striking the words and figures four thousand ($4,000.00) dollars per annum, from said Section 40-1901 and inserting in lieu thereof the words and figures five thousand ($5,000.00) per annum so that said section when amended will read as follows: Within the Executive Department there is hereby established the office of Supervisor of Purchases, who shall be appointed by the Governor and confirmed by the Senate and serve at his pleasure, at a salary of five thousand ($5,000.00) per annum, payable monthly. Salary of supervisor. Section 2. Be it further enacted by the authority aforesaid, That Chapter 40-19, Section 40-1902 of the 1933 Code as to duties of Supervisor of Purchases be and the same is hereby repealed in its entirety, and the following section or sections added in lieu thereof, to wit: The Supervisor of Purchases shall have power and authority and it shall be his duty subject to the provisions of this Act: Authority conferred. Bids for supplies, etc.

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A. To canvass all sources of supply, and to contract for the purchase of all supplies, materials and equipment required by the State government, or any of its departments, institutions or agencies under competitive bidding in the manner and subject to the conditions hereinafter provided for. B. To establish and enforce standard specifications which shall apply to all supplies, materials and equipment, purchased or to be purchased for the use of the State government for any of its departments, institutions or agencies. Specifications. C. To contract for all telephones, telegraph, electric light power, postal and any and all other contractural purchase and need of the State government, or any of its departments, institutions or agencies; or in lieu of such contract to authorize any department, institution or agency to purchase or contract for any or all such services. Telephones and other services. D. To rent or lease all grounds, buildings, offices, or other space required by any department, institution or agency of the State government: Provided, this shall not include temporary quarters for State Highway field forces or convict camps, or temporary places for storage for road materials. Lease of offices. E. To have general supervision of all store rooms and stores operated by the State government, or any of its departments, institutions or agencies; to provide for transfer and/or exchange to or between all State departments, institutions and agencies, or to sell all supplies, materials and equipment which are surplus, obsolete or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies and materials belonging to the State government, or any of its departments, institutions or agencies. Supervision. F. To make provision for and to contract for all State printing, including all printing, binding, paper stock and

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supplies or materials in connection with the same except as hereinafter provided. And for the purpose of obtaining bids on printing he shall have the power to divide the printing into various classes, and to provide stipulations and specifications therefor and advertise, receive bids and contract separately for the various classes, and for the purpose of making effective this Act, Chapter 90-1 of the Code of 1933 be and the same is hereby repealed. Printing. Section 3. Be it further enacted by the authority aforesaid, that nothing contained in this Act shall be construed to interfere with or change the law with regard to the printing of the reports of the Supreme Court and the Court of Appeals of Georgia as is set forth in Chapter 90-2 of the Code of Georgia of the year 1933. Not including Georgia Reports. Section 4. Be it further enacted by the authority aforesaid, That the Governor, State Treasurer, Chairman Highway Board, Secretary of State and the Supervisor of Purchases be and they are hereby created and named as the State Purchasing Board, and are authorized and empowered by this Act to make all rules, regulations and stipulations and to provide specifications to carry out the terms and provisions of this Act as may be necessary for the purpose of the Act, and such rules and regulations as prescribed by said Purchasing Board shall be published in pamphlet form and all of the departments of the State government shall be furnished with copies of the same, and such rules and regulations as prescribed by said Purchasing Board shall be binding and followed in all instances by the Supervisor of Purchases. Three members of said Board shall constitute a quorum. Purchasing Board. Rules and regulations. Section 5. Be it further enacted by the authority aforesaid, That it shall be the duty of all departments, institutions or agencies of the State government to furnish to the Supervisor of Purchases when requested and on blanks to be approved by him, tabulated estimates of all supplies,

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materials and equipment needed and required by such department, institution or agency for such periods in advance as may be directed by the Supervisor of Purchases, and it shall further be the duty of all departments of State, institutions or agencies, to furnish said Supervisor of Purchases inventory from time to time of supplies, materials or equipment on hand when requested by the Supervisor of Purchases. Duty of departments. Section 6. Be it further enacted by the authority aforesaid, That the Supervisor of Purchases shall compile and consolidate all such estimates of supplies, materials and equipment needed and required by all State departments, institutions and agencies to determine the total requirements for any given commodity. If the total requirement of any given commodity will involve an expenditure in excess of two thousand ($2,000.00) dollars, sealed bids shall be solicited by advertisement in a newspaper of State-wide circulation at least once and at least 10 days prior to the date fixed for opening of the bids and awarding of the contract: Provided other methods of advertisement may be adopted by the Supervisor of Purchases by and with the consent of the State Purchasing Board, when such other method is deemed more advantageous for the particular item to be purchased. Regardless of the amount of expenditure it shall be the duty of the Supervisor of Purchases to solicit bids direct by mail from reputable owners of supplies. Except as otherwise provided for in this Act, all contracts for the purchase of supplies, materials or equipment made under the provisions of this Act shall wherever possible be based on competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges and the date or dates of

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delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the Supervisor of Purchases with the approval of the State Purchasing Board, which rules and regulations shall prescribe among other things the manner, times and places for proper advertisement for such bids, indicating the time and place when such bids will be received, the article for which such bids shall be submitted and the standard specification prescribed for such article, the amount of number of the articles desired, and for which the bids are to be made, and the amount if any of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. Every bid conforming to the terms of the advertisement herein provided for, together with the name of the bidder shall be recorded, and all such records with the name of the successful bidder indicated thereon, shall, after award or letting of the contract, be subject to public inspection upon request. Bids shall be opened in public by the Supervisor of Purchases who shall canvass the said bids and award contract according to the terms of this Act. A proper bond for the faithful performance of any contract shall be required of the successful bidder in the discretion of the Supervisor of Purchases. After the contracts have been awarded the Supervisor of Purchases shall certify to the several departments, institutions and agencies of the State government the sources of the supplies and the contract price of the various supplies, materials and equipment so contracted for. Estimates. Advertisement. Bids. Section 7. After sources of supply have been established by contract under competitive bidding and certified by the Supervisor of Purchases to the different departments, institutions and agencies of State as provided for, such institutions, agencies or departments of State shall make requisition on blanks to be approved by the Supervisor of Purchases for such supplies, materials and equipment

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required by them from the supply so certified, and, except as herein otherwise provided for it shall be unlawful for them or any of them, to purchase any supplies, materials or equipment from other sources than as certified to them by the Supervisor of Purchases. One copy of the requisition shall be sent to the Supervisor of Purchases when the same is issued. Requisitions. Unlawful purchases. Section 8. Unless otherwise ordered by the Supervisor of Purchases, with the approval of the State Purchasing Board, the purchase of supplies, materials and equipment through the Supervisor of Purchases shall not be mandatory in the following cases: Purchases not mandatory. (a) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets and periodicals for the use of the State Library or any other library in the State supported in whole or in part by State funds. Technical instruments, books, etc. (b) Live stock for slaughter, and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry and milk. Provided, no other article shall be considered perishable within the meaning of this clause, unless so classified by the Supervisor of Purchases, with the approval of the State Purchasing Board. Live stock, Perishable articles. (c) Emergency supplies of drugs, chemicals and sundries, dental supplies and equipment. In the purchasing of emergency supplies under this paragraph it shall be the duty of the department making said purchases to report same to the Supervisor of Purchases, giving the circumstances necessitating such purchases. Provided, however, nothing in this Act shall be construed to give to the Purchasing Agent any supervision over the selection or purchase of school textbooks which is, by law, vested in the Department of Education. Drugs, chemicals, etc. School books.

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Section 9. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, break down in machinery, or unanticipated volume of work, the Supervisor of Purchases shall have power to purchase in the open market any necessary supplies, materials or equipment for immediate delivery to any department, institution or agency of the State government. A report on the circumstances of such emergency and his transactions thereunder shall be transmitted in writing by the Supervisor of Purchases to the State Board of Purchases, and said report shall be duly recorded in a book or file to be kept by the Supervisor of Purchases. Emergency purchases. Report. Section 10. Whenever any department, institution or agency of the State government, required by this Act and the rules and regulations adopted pursuant thereto applying to the purchase of supplies, materials or equipment through the Supervisor of Purchases shall contract for the purchase of such supplies, materials or equipment contrary to the provisions of this Act or the rules and regulations made hereunder, such contract shall be void and of no effect. If any such department, institution or agency purchases any supplies, materials or equipment contrary to the provisions of this Act or the rules and regulations made hereunder, the executive officer of such department, institution or agency shall be personally liable for the cost thereof, and if such supplies, materials or equipment are so unlawfully purchased and paid for out of the State funds, the amount thereof may be recovered in the name of the State in an appropriate action instituted therefor. Void contracts. Personal liability. Section 11. It shall be the duty of the Supervisor of Purchases in the purchase of and in contracting for any supplies, materials, and equipment and/or printing to give preference as far as may be reasonable and practicable to such materials, supplies, equipment and/or printing as may be manufactured or produced in the State of Georgia. It being the intention of this section to use in so far as is

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practicable Georgia products and/or Georgia labor; Provided, however, that in giving such preference no sacrifice or loss in price or quality should be permitted, and provided further that preference in all cases shall be given to surplus products or articles produced and/or manufactured by other State departments, institutions or agencies which are available for distribution. Preference to Georgia products. Section 12. The Supervisor of Purchases in awarding of contracts, all things being equal, shall give preference to local sellers of Georgia products when it is possible to do so and the interest of the State is not sacrificed, and the quality and prices permit it. Preference to local sellers. Section 13. The Supervisor of Purchases, with the approval of the State Purchasing Board, may adopt, modify, or abrogate, rules and regulations covering the following purposes, in addition to those authorized elsewhere in this Act: Abrogation of rules, etc. (a) Requiring monthly reports by State departments, institutions or agencies of stocks of supplies and materials and equipment on hand and prescribing the form of such reports. (b) Prescribing the manner in which supplies, materials and equipment shall be delivered, stored and distributed. (c) Prescribing the manner of inspecting deliveries of supplies, materials and equipment and making chemical and/or physical tests of samples submitted with bids and samples of deliveries to determine whether deliveries have been made to the departments, institutions, or agencies in compliance with specifications. (d) Prescribing the manner in which purchases shall be made by the Supervisor of Purchases in all emergencies as defined in Section 8 of this Act.

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(e) Providing for such other matters as may be necessary to give effect to the foregoing rules and provisions of this Act. Section 14. It shall be the duty of the Governor to appoint a standardization committee to consist of seven members as follows: The Supervisor of Purchases who shall be chairman of said committee; an engineer from the State Highway Commission to be appointed by the Governor upon the recommendation of the chairman of the State Highway Commission; a representative of the State educational institutions to be appointed by the Governor, a representative of the State departments to be appointed by the Governor, a representative of the State charitable and correctional institutions to be appointed by the Governor, and two members of the General Assembly to be designated by the Governor. Four members of said committee shall constitute a quorum for the transaction of business, or the performance of any duties imposed upon the committee by this Act. The committee shall meet at such time, or times, as it shall by rule or regulation prescribe, but it may meet at other times at the call of the chairman. The committee shall keep official minutes and such minutes shall be open to public inspection. It shall be the duty of the standardization committee to formulate, adopt, establish, and/or modify standard specifications applying to State contracts. In the formulation, adoption and/or modification of any standard specifications, the standardization committee shall seek the advice, assistance and cooperation of any State department, institution or agency to ascertain its precise requirements in any given commodity. Each specification adopted for any commodity shall in so far as possible satisfy the requirements of the majority of the State departments, institutions or agencies which use the same in common. After its adoption each standard specification shall until revised or rescinded apply alike in terms and effect to every State purchase of the commodity described in such specifications.

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In the preparation of any standard specifications the standardization committee shall have power to make use of any State laboratory for chemical and physical tests in the determination of quality. Standardization committee. Meetings and minutes. Cooperation. Adoption of specifications. Section 15. Be it further enacted by the authority aforesaid, That neither the Supervisor of Purchases, nor any assistant of his, nor any member of the State Purchasing Board, shall be financially interested, or have any personal beneficial interest either directly or indirectly, in the purchase of, or contract for any materials, equipment or supplies, nor in any such firm, corporation, partnership or association furnishing any such supplies, materials or equipment to the State government, or any of its departments, institutions, or agencies. And it shall be unlawful for said Supervisor of Purchases, any of his assistants or employees or any member of the State Purchasing Board, to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded by rebate, gifts or otherwise, any money or anything of value whatever, or any promise, obligation or contract for future reward or compensation, and any violation of this section shall be deemed a felony and shall be punishable by imprisonment. And the punishment for such violation shall be not less than one nor more than three years in the penitentiary of this State. And such persons violating this Act shall be immediately removed from office. Financial interest forbidden. Punishment for violation. Section 16. Provided that nothing in Section 6 or any other section of this Act shall apply to or affect the distribution and purchase of goods, wares, or merchandise manufactured, produced or mined wholly or in part by inmates of the penal, correctional and eleemosynary institutions of this State, and; Provided further, that all goods, wares or merchandise needed by the departments, institutions and agencies of the State and its political subdivisions supported wholly or in part by public funds, shall be obtained from the State Prison Commission unless the State

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Prison Commission shall certify in writing that such needed goods, wares or merchandise are not available. Products of State institutions. Section 17. Be it further enacted by the authority aforesaid, That said Supervisor of Purchases with the approval of the State Purchasing Board may appoint as many assistants and employees, and fix their salaries, as is essential with the State's interest in the execution of the terms and provisions of this Act assignment of an assistant or assistants to any of the departments, institutions or agencies of the State may be done by the Supervisor of Purchases with the approval of the State Purchasing Board. Employees. Section 18. Be it further enacted by the authority aforesaid, That if any section of this Act be declared unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain of full force and effect. Constitutionality. Section 19. 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. Section 20. This Act shall take effect from and after its passage and approval by the Governor. Approved March 29, 1937. SURF BATHING; EXPERT SWIMMER. 26-7303. No. 235. An Act to amend Section 26-7303 of the Code of Georgia, 1933, as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of same, That the following words are hereby stricken from Section 26-7303, to wit: Such expert swimmer shall have on at all times, while on duty, a leather harness arranged as follows: A belt around the chest connected with straps over shoulders, said shoulder-straps to be joined at shoulder blades at the back of neck, center to be an iron ring about which shall be attached a life line one-fourth of an inch in diameter, and not less than 200 feet in length. So that when said Section 26-7303 is amended it shall read as follows: 26-7303. (506 P. C.) Protection of Surf Bathers by Life Savers. The proprietor or keeper of a hotel, boarding house, or other public house or bathhouse on the sea coast, to which the public may resort for purposes of surf bathing, shall at all times, during the surf bathing season, keep an expert swimmer attired in a bathing suit, said bathing suit to be a bright solid red, the shirt of which shall have on the breast thereof, in large white letters, the words Life Saver. Said expert swimmer shall at all times patrol the beach, on the constant lookout for any one who may require assistance, and shall at no time leave the beach while bathing is in progress, and shall, so far as is practicable and in his power, warn all bathers of the danger of attending those who bathe while the tide is running out, and also of the danger of sloughs or gullies on the beach, and shall at all times protect and assist any bather who shall need assistance. (Acts 1905, p. 115.) Attire. Duty. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1937.

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TAX ASSESSMENTS BY COUNTIES. New 92-6910. No. 494. An Act to amend Title 92 (Public Revenue) Part 5 (Equalization of Assessments), Chapter 92-69 (County Board of Tax Assessors; Powers and Duties), of the Code of Georgia of 1933, by providing for the election of a chairman and the employment of a secretary and agents to seek out unreturned property; and prescribing the compensation and duties of the secretary and such agents of the county board of tax assessors; by providing for meetings of such boards and prescribing their duties with respect to the examination of tax returns and with respect to the assessment for taxation of all property, including both property which has been returned and unreturned property; by providing for notice of changes or alterations in tax returns, and for notice where property is assessed for taxation; by providing for proof of such notice where same is not delivered personally to the taxpayer; to authorize boards of tax assessors to make investigations with respect to the value of property liable to taxation, and to assess for taxation all property upon which all taxes owing to the State or county have not been paid; to provide a penalty to be added to the amount of State and county taxes where unreturned property is assessed after the time provided by law for making tax returns has expired and that such penalty shall be paid into the county treasury; to provide for the attendance of witnesses and the production of documents before county boards of tax assessors and to compel such attendance of witnesses and production of documents; to provide for the punishment of witnesses failing to appear or to produce documents before the county board of tax assessors, when lawfully summoned to do so, 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 Title 92 (Public Revenue) Part 5 (Equalization of Assessment), Chapter 92-69 (County Board of Tax Assessors; Powers and Duties), Section 92-6910 (Chairman and Secretary of Board; Employment of Agents to Seek Out Unreturned Property) of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said Section 92-6910 and inserting in lieu thereof a new section to be designated as Section 92-6910 and to read as follows: 92-6910. Chairman and Secretary of Board; Employment of Agents to Seek Out Unreturned Property. The county board of tax assesors shall elect one of their number as chairman for such term as they shall fix. The board shall have authority to employ a competent person to serve as secretary. He shall keep a record of the proceedings of the board and shall receive for his services in this capacity such compensation as may be fixed by the board of county commissioners or other authority in charge of the financial affairs of the county but not less than three ($3.00) dollars per day while actually attending sessions of the board; the same to be paid out of the county treasury in the same manner in which other county payments are made. The board shall have authority to employ agents to seek out all unreturned taxable stocks and bonds together with all other classes of unreturned taxable property in the county and bring it to the attention of said board. Said agent shall be allowed for such services a commission of not more than 10% of the amount of tax collected by the county for county and school purposes from such unreturned property so discovered and placed on the digest by the efforts of said agents. The commission allowed said agents shall be paid from the county treasury out of the amounts so placed on the books by the said agents and

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when collected by the county as a part of the expense of said board. Board and Secretary for unreturned taxable property. Section 2. That said Title 92, Part 5, Chapter 92-69, Section 92-6911 of the Code of Georgia be and the same is hereby amended by striking all of said Section 92-6911 and inserting in lieu thereof a new section to be designated as Section 92-6911 and to read as follows: 92-6911. Meeting of Board; Duties. The board of county tax assessors in each county may meet at any time to receive and inspect the tax returns to be laid before them by the tax receiver as hereinbefore provided. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the board shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof and attach the same to the returns. It shall be the duty of the board to see that all taxable property within the county is assessed and returned at its just and fair valuation and that valuations as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes or equalizations shall have been made by the board, the board shall, within a period of five days, give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business or by sending said notice through the United States mails to his last known place of address. In all cases where an assessment is made or return is changed or altered by authority of the county tax assessors, as herein provided, and notice is not given personally to the taxpayer, as herein provided, the notice of such assessment or of such change

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shall be posted in front of the courthouse door, which posted notice shall contain the name of the owner liable to taxation, if known, and a brief description of the property, if owner is unknown, together with a statement that the assessment has been made, or the return changed or altered as the case may be, and need not contain other information. It shall be the duty of the ordinary of the county to make a certificate as to the posting of such notice, which certificate signed by the ordinary shall be recorded by the board of tax assessors in a book kept for that purpose. A certified copy of such certificate of the ordinary duly authenticated by the secretary of the board, shall constitute prima facie evidence of the posting of such notice as required by law. Examination of returns. Correction. Valuation. Notice. Ordinary's certificate. Section 3. That said Title 92, Part 5, Chapter 92-69 and Section 92-6913 of the Code of Georgia of 1933 be and the same is hereby amended by adding at the end of said Section 92-6913 the following: The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due to the State or to the county have not been paid in full as required by law, and, in all cases where the full amount of taxes due the State or county have not been paid, it shall be the duty of the tax assessors to assess against the owner, if known, and the property, if the owner is not known, the full amount of taxes which have accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the tax assessors may proceed to assess same against the owner thereof according to the best information obtainable and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. In all cases where unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the amount of State and county taxes due a penalty of 10%,

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except that if the principal sum of the tax so assessed is less than ten ($10) dollars in amount, the board shall add to the amount of State and county taxes a penalty of one ($1.00) dollar. The penalty herein provided shall be collected by the county tax collector or the county tax commissioner and in all cases paid into the county treasury and remain the property of the county, so that said Section 92-6913 as amended shall read as follows: Investigation. Assessment. Penalty. 92-6913. Duty to Ascertain What Property Is Subject to Taxation. It shall be the duty of the board to diligently investigate and inquire into the property owned in the county for the purpose of ascertaining what property, real and personal is subject to taxation in the county, and to require its proper returns for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due to the State or to the county have not been paid in full as required by law, and, in all cases where the full amount of taxes due the State or county have not been paid, it shall be the duty of the tax assessors to assess against the owner, if known, and the property, if the owner is not known, the full amount of taxes which have accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the tax assessors may proceed to assess the same against the owner thereof according to the best information obtainable and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. In all cases where unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the amount of State and county taxes due a penalty of 10%, except that if the principal sum of the tax so assessed is less than ten ($10.00) dollars in amount, the board shall add to the amount of State and county taxes a penalty of one ($1.00) dollar. The penalty herein provided shall

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be collected by the county tax collector or the county tax commissioner and in all cases paid into the county treasurer and remain the property of the county. Ascertainment. Assessment. Lien. Penalty. Section 4. That said Title 92, Part 5, Chapter 92-69, Section 92-6914 (Power to Summon Witnesses and Require Production of Books and Papers) of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said Section 92-6914 and by inserting in lieu thereof a new section to be numbered Section 92-6914 and to read as follows: 92-6914. Power to Summon Witnesses and Require Production of Books and Papers. The board shall have authority to issue subp[oelig]nas for the attendance of witnesses and to require by subp[oelig]na duces tecum the production by any person, firm or corporation of any books, papers or documents which may contain any information material upon any question relative to the existence or to the liability of property subject to taxation, or the question of the identity of the owner of property liable to taxation, or other matters necessary to the proper assessment of taxes lawfully due the State or county. Such subp[oelig]nas or subp[oelig]nas duces tecum may be issued in the name of the board, signed by any one or more members of the board, or by the secretary thereof, and served upon a taxpayer or witness or any party required to produce documents or records five days before the day upon which any hearing by the board of tax assessors is scheduled, at which the attendance of such party or witnesses, or the production of such documents is required. If any witness subp[oelig]naed by any such board of county tax assessors, 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, except upon a legal excuse which would relieve such witnesses of the obligation to attend as witnesses or to produce such

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documents before the Superior Court, if lawfully required to do so, such person shall be guilty of contempt and 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 power and 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. Procurement of evidence. Witnesses. Contempt of court. Section 5. That said Title 92, Part 5, Chapter 92-69, Section 92-6915 of the Code of Georgia of 1933, be and the same is hereby amended by striking all of said Section 92-6915 and inserting in lieu thereof a new section to be numbered Section 92-6915 and to read as follows: 92-6915. Valuation of Property. The county board of tax assessors by rules or regulations consistent with the provisions of this chapter, may provide the manner of ascertaining the value for taxation of any property, real or personal, not appearing in the digest of any year within the period of the statute of limitations; it being the purpose and intent of this law to confer upon the said board full power and authority necessary to have placed upon the digest an assessment or a valuation of all property in the county of every character which is subject to taxation and for which either State or county taxes may not have been paid in full. Provided that nothing in this section shall apply to those persons, firms and corporations that are required to make their returns to the Comptroller-General. Valuation. Section 6. It is not the intention or the purpose of this Act to repeal any prior law granting to any county board of tax assessors additional powers or authority not herein contained. Non-repeal. Section 7. That if any section or portion of this Act shall be held invalid for any reason, the remaining portions

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thereof shall not be thereby affected, but shall remain of full force and effect. Invalidity. Section 8. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937. TAX ASSESSMENT NOTICES BY MAIL. 92-6911. No. 440. An Act to amend Section 92-6911 of the Code of 1933 so as to provide for service of notice of corrections, changes and equalizations made by the County Board of Tax Assessors by mail. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, Section 92-6911 of the Code of 1933, which provides as follows: The Board of County Tax Assessors in each county shall meet each year within 10 days from the date of the closing of the tax returns for the current year, to receive and inspect the tax returns to be laid before them by the Tax Receiver as hereinbefore provided. The Board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the Board any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the Board shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof and attach the same to the returns. It shall be the duty of the Board to see that all taxable property within the county is assessed and returned at its just and fair valuation, and that valuations as between the individual

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taxpayers are fairly and justly equalized so that each taxpayer shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes, and equalizations shall have been made by the Board, the Board shall immediately give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or, in case of nonresidents of the county, by sending said notice through the United States mails to his last known place of address, be and the same is hereby amended by striking therefrom the following words in the last sentence of said section: in case of non-residents of a county so that said section when so amended shall read as follows: The Board of County Tax Assessors in each county shall meet each year within 10 days from the date of the closing of the tax returns for the current year, to receive and inspect the tax returns to be laid before them by the Tax Receiver as hereinbefore provided. The Board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the Board any taxpayer has omitted from his returns any property that should be returned or has failed to return any of his property at a just and fair valuation, the Board shall correct such returns and shall assess and fix the just and fair valuation to be placed on the property and shall make a note thereof and attach the same to the returns. It shall be the duty of the Board to see that all taxable property within the county is assessed and returned at its just and fair valuation and that valuations as between the individual taxpayers are fairly and justly equalized so that each taxpayers shall pay as near as may be only his proportionate share of taxes. When any such corrections, changes and equalizations shall have been made by the Board, the Board shall immediately give notice to any taxpayer of any changes made in his returns, either personally or by leaving same at his residence or place of business, or by sending

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said notice through the United States mails to his last known place of address. Notice by mail. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict therewith be and the same are hereby repealed. Approved March 30, 1937. UNIVERSITY SYSTEM REGENTS. 32-104 Amended. No. 463. An Act to amend Section 32-104 of the present Code of the State of Georgia, relating to the Board of Regents of the University System of Georgia and how constituted, by providing that there shall be five members from the State at large, and to fix their terms of office; and by providing that not more than seven members shall be alumni of any one of the schools operated by the University System 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 the State of Georgia, That Section 32-104 of the present Code of this State be and the same is hereby amended by striking from the first sentence of said section the words, one from the State at large, and substituting in lieu thereof the words, five from the State at large, and by striking the word eleven and substituting in lieu thereof the word fifteen. Said section is further amended by striking from said section the words, nor shall more than five members of said Board be alumni of any one of the institutions or schools named herein, and substituting in lieu thereof the words, nor shall more than seven members of said Board be alumni of any one of the schools operated by said Board. Said section is further amended by adding

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to the same words, one of the Regents from the State at large shall hold office for a term as provided in Section 32-105, and his successor shall similarly hold office under said section. Two of the Regents from the State at large shall be appointed for a term ending July 1, 1940, and their successors shall thereafter be appointed for terms of six years. Two of the Regents from the State at large shall be appointed for a term ending July 1, 1942, and their successors shall thereafter be appointed for terms of six years. The terms of office of other members of the Board shall be as provided in Section 32-105, so that said section, as amended, shall read as follows: The Board of Regents shall be composed of 15 members appointed by the Governor and confirmed by the Senate, five from the State at large, and one from each of the Congressional districts. The `Governor shall be ex-officio a member of said Board. No person shall be a member of said Board of Regents who at the same time holds any official position with the University of Georgia or any of its branches; nor shall any person be eligible for membership on said Board of Regents who is employed by any school book publishing company; nor shall more than seven members of said Board be alumni of any one of the schools operated by said Board. One of the Regents from the State at large shall hold office for a term as provided in Section 32-104, and his successors shall similarly hold office under said section. Two of the Regents from the State at large shall be appointed for a term ending July 1, 1940, and their successors shall thereafter be appointed for terms of six years. Two of the Regents from the State at large shall be appointed for a term ending July 1, 1942, and their successors shall be thereafter appointed for terms of six years. The terms of office of other members of the Board shall be as provided in Section 32-105. Board of fifteen. Membership. Terms of office.

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Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 30, 1937. WORKMEN'S COMPENSATION LAW. 114-107, 114-403 et seq., Amended. No. 474. An Act to amend Section 114-107 of the Code of Georgia of 1933, by striking therefrom the figures 10 in the thirteenth line thereof and substituting in lieu thereof the figure 10; and to amend Section 114-403 by striking therefrom the words under circumstances creating a legal liability in some person, in the second line thereof, and substituting in lieu thereof the following words, under circumstances whereby payment is made by some person, and by adding thereto the word net before the word damages, in the seventh line thereof, and by substituting the word paying in lieu of the words liable to pay in the twelfth line thereof; and to amend Section 114-404 by striking therefrom the figures $15 in the fifth line thereof and substituting in lieu thereof the figures $20, and by striking therefrom the figures $5,000 in the ninth line thereof and substituting in lieu thereof the figures $7,000; and to amend Section 114-417 by striking therefrom the words where parties agree and, in the third line thereof, and substituting in lieu thereof the word when; and to amend Section 114-501 by striking the entire section and substituting in lieu thereof a new section; and to amend Section 114-502 by striking the entire section and substituting in lieu thereof a new section; and to amend Section 114-702 by providing that deputies may make awards in cases heard by them; and to amend Section 114-709 by striking therefrom

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the words at any time in the fourth line thereof and substituting in lieu thereof the following words, within two years from the date that the Department of Industrial Relations is notified of the final payment of a claim; and to amend Section 114-712 by adding thereto the following: and in addition such party prosecuting or defending a claim without reasonable ground may have the reasonable attorney's fee of the opposing party assessed against him, and to amend Section 114-714 by striking the entire section and substituting in lieu thereof a new section. 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 114-107 of the Code of Georgia of 1933 be amended by striking therefrom the figures 10 in the thirteenth line thereof and substituting in lieu thereof the figure 10, so that said section as amended shall read as follows: Section 114-107. Employers and Employees to Whom Law Inapplicable; Intrastate Common Carriers, Farm Laborers, Domestic Servants, Public Charities, and Others. This title shall not apply to common carriers, the motive power of which is steam and which are engaged in intrastate trade or commerce, nor shall this title be construed to lessen the liability of such common carriers or take away or diminish any right that any employee, or in case of his death, the personal representative of such employee, of such common carrier, may have under the laws of this State; nor to employees whose employment is not in the usual course of trade, business, occupation or profession of the employer or not incidental thereto; nor to farm laborers or domestic servants; nor to employees of institutions maintained and operated as public charities; nor to employers of such employees; nor to any persons, firm, or private corporation, including any public service corporation,

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that has regularly in service less than five employees in the same business within this State, unless such employees and their employers voluntarily elect to be bound. Non-application where less than five employed. Be it further enacted by the authority aforesaid, That Section 114-403 of the Code of Georgia of 1933 be amended by striking therefrom the words under circumstances creating a legal liability in some person in the second line thereof, and substituting in lieu thereof the following words, under circumstances whereby payment is made by some person and by adding thereto the word net before the word damages in the seventh line thereof, and by substituting the word paying in lieu of the words liability to pay in the twelfth line thereof, so that said section as amended shall read as follows: Section 114-403. Damages and Compensation Both Recoverable; Subrogation. When an employee receives an injury for which compensation is payable under this title, which injury was caused under circumstances whereby payment is made by some person other than the employer to pay damages in respect thereto, the employee or beneficiary may institute proceedings both against that person to recover damages and against the employer for compensation, but the amount of compensation to which he is entitled under this title shall be reduced by the amount of net damages recovered. If the employee or beneficiary of the employee in such case recovers compensation under this title, the employer by whom the compensation was paid, or the party who was called upon to pay the compensation shall be entitled to reimbursement from the person so paying damages as aforesaid, and shall be subrogated to the right of the employee to recover from him to the extent of the compensation. Subrogation on payment of damages. Be it further enacted by the authority aforesaid, That Section 114-404 of the Code of Georgia of 1933 be amended by striking therefrom the figures $15 in the

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fifth line thereof and substituting in lieu thereof the figures $20, and by striking therefrom the figures $5,000 in the ninth line thereof and substituting in lieu thereof the figures $7,000 so that said section as amended shall read as follows: Section 114-404. Total Incapacity; Limit of Compensation. When the incapacity to work resulting from an injury is total, the employer shall pay or cause to be paid, as hereinafter provided for, to the employee during such total incapacity a weekly compensation equal to one-half of his average wages but not more than $20 per week nor less than $4 per week, except when the weekly wage is below $4, then the regular wages on the date of the accident shall be the weekly amount paid, and in no case shall the period covered by such compensation be greater than 350 weeks, nor shall the total amount of compensation exceed $7,000. Increase of compensation limit. Be it further enacted by the authority aforesaid, That Section 114-417 of the Code of Georgia of 1933 be amended by striking therefrom the words where parties agree and in the third line thereof, and substituting in lieu thereof the word when so that said section as amended shall read as follows: Section 114-417. Payment in Lump Sum. Whenever any weekly payment has been continued for not less than 26 weeks, the liability therefor may, when the Department of Industrial Relations deem it to be to the best interest of the employee or his dependents, or where it will prevent undue hardship on the employer or his insurance carrier, without prejudicing the interests of the employee or his dependents, be redeemed, in whole or in part, by the payment by the employer of a lump sum which shall be fixed by the Department, but in no case to exceed the commutable value of the future installments which may be due under this law, Provided, that the lump sum to be paid shall be

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fixed at an amount which will equal the total sum of the probable future payments, reduced to their present value upon the basis of interest calculated at 5% per annum. Lump-sum payments. Be it further enacted by the authority aforesaid, That Section 114-501 of the Code of Georgia of 1933 be amended by striking the section in its entirety and substituting in lieu thereof a new section to read as follows: Section 114-501. Medical Attention; Duty to Furnish; Effect of Employee's Refusal to Accept. Medical, surgical, hospital, and other treatment, in amount not to exceed $500.00, including medical and surgical supplies as may reasonably be required for a period not exceeding 10 weeks from date of injury to effect a cure or give relief and for such additional time as in the judgment of the Department will tend to lessen the period of disability, and in addition thereto such original artificial members as may be reasonably necessary at the end of healing period shall be provided by the employer. In case of a controversy arising between the employer and the employee relative to the continuance of medical, surgical, hospital, or other treatment, the Department of Industrial Relations may order such further treatments as may in the discretion of the Department be necessary. Medical, surgical, and hospital treatment. The Department may at any time upon request of an employee order a change of treatment and designate other treatment suggested by the injured employee subject to the approval of the Department, and in such a case the expense thereof shall be borne by the employer upon the same terms and conditions as hereinbefore provided in this section for medical and surgical treatment and attendance. Expense of other treatment. The refusal of the employee to accept any medical, hospital, surgical, or other treatment when ordered by the Department of Industrial Relations shall bar said employee from further compensation until such refusal ceases, and no compensation shall at any time be paid for the period

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of suspension unless in the opinion of the Department of Industrial Relations the circumstances justify the refusal, in which case the Department of Industrial Relations may order a change in the medical or hospital service. Refusal to accept treatment. Change. If in an emergency on account of the employer's failure to provide the medical or other care as herein specified, a physician other than provided by the employer is called to treat the injured employee, the reasonable cost of such service shall be paid by the employer if so ordered by the Department of Industrial Relations. Failure to provideCost of service. Be it further enacted by the authority aforesaid, That Section 114-502 of the Code of Georgia of 1933 be amended by striking the section in its entirety and substituting in lieu thereof a new section to read as follows: Section 114-502. Liability for Medical Attention Limited; Damages for Malpractice. The pecuniary liability of the employer for medical, surgical, hospital service, or other treatment required, when ordered by the Department shall be limited to such charges as prevail in the same community for similar treatment of injured persons of a like standard of living when such treatment is paid for by the injured persons, and the employer shall not be liable in damages for malpractice by a physician or surgeon furnished by him pursuant to the provisions of this section, but the consequences of any malpractice shall be deemed part of the injury resulting from the accident, and shall be compensated for as such. Limit of liability. Non-liability for malpractice. Be it further enacted by the authority aforesaid, That Section 114-702 of the Code of Georgia of 1933 be amended by providing that deputies may make awards in cases heard by them, so that section as amended shall read as follows: Section 114-702. Deputies. Sessions. The Department of Industrial Relations may appoint deputies who

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shall have the same authority and power as a director, said deputies to be appointed from time to time, as required, to serve only, as and when needed, without permanent positions, and who shall have the power to subp[oelig]na witnesses and administer oaths, and who may take testimony in such cases as the Department may deem proper. A deputy so hearing a case shall make the award just as would a director as provided elsewhere in this Title, such award to be subject to review and appeal as is the award of a single director, and the Department shall fix the compensation of such deputies. The directors or deputies any one of them may hold such sessions as may be deemed necessary at any place within the State, subject to the other provisions of this Title. Deputies of directors. Sessions. Be it further enacted by the authority aforesaid, That Section 114-709 of the Code of Georgia of 1933 be amended by striking therefrom the words at any time in the fourth line thereof and substituting in lieu thereof the following words, Within two years from the date that the Department of Industrial Relations is notified of the final payment of a claim, so that said section as amended shall read as follows: Section 114-709. Review of Award or Settlement on Motion of Directors or Because of Change in Condition; Award. Upon their own motion before judicial determination or upon the application of any party in interest on the ground of a change in condition, the Department of Industrial Relations may, within two years from the date that the Department of Industrial Relations is notified of the final payment of claim, review any award or any settlement made between the parties and filed with the Department, and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded or agreed upon, subject to the maximum or minimum provided in this Title, and shall immediately send to

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the parties a copy of the award. No such review shall affect such award as regards any moneys paid. Review within two years. Be it further enacted by the authority aforesaid, That Section 114-712 of the Code of Georgia of 1933 be amended by adding thereto the following, and in addition such party prosecuting or defending a claim without reasonable ground may have the reasonable attorney's fee of the opposing party assessed against him, so that said section as amended shall read as follows: Section 114-712. Proceedings Without Reasonable Grounds; Costs. If the Department or any court before whom any proceedings are brought under this Title shall determine that such proceedings have been brought, prosecuted or defended without reasonable ground, the whole cost of the proceedings may be assessed against the party who has brought or defended them, and in addition such party prosecuting or defending a claim without reasonable ground may have the reasonable attorney's fee of the opposing party assessed against him. Fee added to costs. Be it further enacted by the authority aforesaid, That Section 114-714 of the Code of Georgia of 1933 be amended by striking the section in its entirety and substituting in lieu thereof a new section to read as follows: Section 114-714. Fees of Attorneys and Physicians; Hospital Charges. (a) Fees of attorneys and physicians and charges of hospitals for service under this Act shall be subject to the approval of the Department; but no physician shall be entitled to collect fees from an employer or insurance carrier until he has made the reports required by the Department of Industrial Relations in connection with the case. (b) Any person (1) who receives any fee, other consideration, or any gratuity on account of services so rendered, unless such consideration gratuity is approved by the Department or such court, or (2) who makes it a business

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to solicit employment for a lawyer or for himself in respect to any claim or award for compensation, shall be guilty of a misdemeanor, and upon conviction thereof shall, for each offense, be punished by a fine of not more than $5,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment. Fees and charges subject to approval. Be it further enacted 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 30, 1937.

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TITLE VI. MISCELLANEOUS CIVIL AND PENAL LAWS. ACTS. Agricultural Conservation and Adjustment. Alcoholic Beverage-Control Act. Barbers, Beauticians, Hairdressers Registration, Regulation, etc. Blind Needy Persons, Aid of. Blind Persons, Factory for. Building Codes and Regulations. Cancer Prevention and Cure. Candidates for General Assembly. Cattle DiseaseAmending Act. Charge to Jury; Exceptions to Errors. Charitable Trusts Regulated. Civil Service Board in Cities. Clerk of Superior Court, Salary for. Comptroller-General and Treasurer Substitute If Incapacitated. Coroner's Jury and Stenographer. County Board of Public Welfare. County Officer's SalariesAmending Act. County Officers' SalariesFees. County Officers' Salaries, how Fixed. County Treasury, Officers' Payments to. Crabs, Tax on Sale of. Dance Halls, etc. County Permit; Tax. Dance Halls, etc. County Permit; Tax. Dentistry Practice Act Amended. Dependent ChildrenAssistance. Divorce CasesPayment of Fees. Eggs; Marketing Regulations. Electric Membership Corporations. Entomology Act of 1937. FishSeafoodTax. Fishing License Regulations. Fraternal Benefit SocietiesAct of 1914 Amended. Game Birds and AnimalsStorage License. Garbage DisposalCounty Authority. Georgia Training School for Girls; Bibb County Division. Goats at Large Prohibited. Guardians of Veterans and Minors. Health Board Cooperation Maternal and Child Health Service. Hospitals, CharitableCounty Authority. Hospital ServiceNon-Profit Corporations. Housing Cooperation Law. Insurance Commissioner's Investigation.

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InsuranceLife-Policy Contracts. Insurance of Plate Glass. Insurance PoliciesAssignment. InsurancePreference on Liquidation. Interstate Cooperation Committee. June General State Election. Jury Commissioners' and Clerks' Pay. Libraries, Government of. Live Stock Regulations. MattressesSanitary Regulations. Milk Regulations and Tax. Motor CarriersCertificates and Insurance. Motor Common CarriersAmending Act. Motor VehiclesNonresidentsJurisdiction. Motor VehiclesSale Regulated. Pensions to County Employees. Pensions to Municipal Employees. Plats of Real EstateEffect of Record and Reference. Plumbers and Steam-Fitters Regulated. Practice of Law Defined and Limited. Prescriptive Title Limitation. Primary Elections In Cities. Prison CommissionDirection and Control of Convicts. Record Limit of Mortgages, etc. Revenue-Certificate Law. Road and Street Contracting Regulated. Road Regulations by Counties. Sanitary Regulations by Coun ies. SanitationCondemnation by Counties. Securities Commission Act Amended. Solicitor-General, Assistant for, Instead of Special Criminal Bailiff. Tax Collectors' DeputiesPowers. Tax ExecutionsDiscount on Sale and TransferLiens and Rights. Trackless Trolleys Authorized. Trade-Name Protection Against Unlawful Competition. Trade-Name Registration. Unemployment Compensation Law. VeterinarianAct of 1935 Repealed. Veterinarian's Office Established. Wine Law AmendedLicense Tax. Year's SupportConveyance by Widow. AGRICULTURAL CONSERVATION AND ADJUSTMENT. No. 222. An Act to provide for the conservation, protection, improvement and profitable use of agricultural land resources

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of the State of Georgia, and for cooperation with the governments and agencies of other States and of the United States, pursuant to the provisions of Section 7 of an Act of the Congress of the United States known as the Soil Conservation and Domestic Allotment Act; to assent to and accept the provisions of said Act; and, in conformity with the provisions of said Act, to designate and authorize the Agricultural Extension Service of the University of Georgia as the State agency of this State in conformity with such provisions, to formulate, submit to the Secretary of Agriculture of the United States, and administer, State plans to carry out the provisions of this Act, to define the powers and duties of said Agricultural Extension Service to the University of Georgia as such State agency, to provide for an advisory board and otherwise to provide for the administration of this Act, and making an appropriation. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, that: Section 1. Short Title. This Act may be known and cited as Georgia Agricultural Conservation and Adjustment Act. Citation. Section 2. Declaration of Purpose. (a) It is hereby recognized and declared: (1) That the soil resources and fertility of the land of this State, and the economic use thereof, the prosperity of the farming population of this State, and the navigability of the rivers and harbors of this State, and the prevention of floods in this State are matters affected with a public interest; Purposes of this Act declared. (2) That the welfare of this State has been impaired and is in danger of being further impaired by destruction of its soil fertility, by uneconomic use and waste of its

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land, by exploitation and wasteful and unscientific use of its soil resources, by floods and impairment of its rivers and harbors and of the navigability of its waters and water courses as a result of soil erosion, and by the decrease in the purchasing power of the net income per person on farms in the State as compared with the net income per person in the State not on farms; (3) That said evils have been augmented and are likely to be augmented by similar conditions in other States and are so interrelated with such conditions in other States, that the remedying of such conditions in this State requires action by this State in cooperation with the governments and agencies of other States and of the United States and requires assistance therein by the government and agencies of the United States, and (4) That the formulation and effectuation by this State of State plans in conformity with the provisions of Section 7 of the Soil Conservation and Domestic Allotment Act is calculated to remedy said conditions and will tend to advance the public welfare of this State. (b) Therefore, in order to promote the welfare of the people of this State by aiding in the preservation and improvement of soil fertility, in the promotion of the economic use and conservation of land, in the diminution or exploitation and wasteful and unscientific use of soil resources, in the protection of rivers and harbors against the results of soil erosion, and in the reestablishment, at as rapid a rate as is practicable and in the general public interest, of the ratio between the purchasing power of the net income per person on farms and that of the net income per person not on farms that prevailed during the five-year period, August, 1909 to July, 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such ratio, the State of Georgia hereby assents to and accepts the provisions of

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the Soil Conservation and Domestic Allotment Acts and adopts the policy and purpose of cooperating with the government and agencies of other States and of the United States in the accomplishment of the policy and purposes specified in Section 7 of said Act; subject, however, to the following limitations: (1) The powers conferred in this Act shall be used to assist voluntary action calculated to effectuate such purposes. Powers. (2) Such powers shall not be used to discourage the production of supplies of foods and fibers in this State sufficient when taken together with the production thereof in other States of the United States to maintain normal domestic human consumption as determined by the Secretary of Agriculture of the United States from the records of consumption in the years 1920 to 1929, inclusive, taking into consideration increased population, quantities of any commodities that were forced into domestic consumption by a decline in exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. (3) In carrying out the purposes specified in this section due regard shall be given to the maintenance of a continuous and stable national supply of agricultural commodities adequate to meet consumer demand at prices fair to both producers and consumers. Section 3. Definitions. (a) The term person as used in this Act, unless the context otherwise requires, includes an individual, corporation, partnership, firm, business trust, joint stock company, association, syndicate, group, pool, joint venture, and any other unincorporated association or group. Words defined.

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(b) The expression other States of the United States as used in this Act shall include Alaska, Hawaii, and Puerto Rico. Section 4. Designation of State Agency. The Agricultural Extension Service of the University of Georgia (hereinafter called the Agricultural Extension Service), is hereby designated and authorized as the State Agency of this State to carry out the policy and purposes of this Act and to formulate and administer State plans pursuant to the terms of this Act. State agency authorized. Section 5. Formulation and Administration of State Plans. (a) The Agricultural Extension Service is authorized and directed to formulate for each calendar year, commencing with the year 1938, and to submit to the Secretary of Agriculture of the United States for and in the name of this State, a State plan for carrying plan for carrying out the purposes of this Act during such calendar year. Plan for year. (b) The Agricultural Extension Service is authorized to modify or revise any such plan in whatever manner, consistent with the terms of this Act, it finds necessary to provide for more substantial furtherance of the accomplishment of the purposes of this Act. Revision. (c) Each such plan shall provide for such participation in its administration by such voluntary county and community committees, or associations of agricultural producers, organized for such purposes, as the Agricultural Extension Service determines to be necessary or proper for the effective administration of the plan. Participation. (d) Each such plan shall provide, through agreements with agricultural producers or through other voluntary methods, for such adjustments in the utilization of land, in farming practices, and in the acreage or in the production for market, or both, of agricultural commodities, as the Agricultural Extension Service determines to be calculated

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to effectuate as substantial accomplishment of the purposes of this Act as may reasonably be achieved through action of this State, and for payments to agricultural producers in connection with such agreements or methods in such amounts as the Agricultural Extension Service determines to be fair and reasonable and calculated to promote such accomplishment of the purposes of this Act without depriving such producers of a voluntary and uncoerced choice of action. Voluntary agreements. (e) Any such plan shall provide for such educational programs as the Agricultural Extension Service determines to be necessary or proper to promote the more substantial accomplishment of the purposes of this Act. Educational programs. (f) Each such plan shall contain an estimate of expenditures necessary to carry out such plan together with a statement of such amount as the Agricultural Extension Service determines to be necessary to be paid by the Secretary of Agriculture of the United States as a grant in aid of such plan under Section 7 of the Soil Conservation and Domestic Allotment Act, in order to provide for the effective carrying out of such plan, and shall designate the amount and due date of each installment of such grant, the period to which such installment relates, and the amount determined by the Agricultural Extension Service to be necessary for carrying out such plan during such period. Estimate of expenditures. (g) The Agricultural Extension Service shall provide for such investigations as it finds to be necessary for the formulation and administration of such plans. Section 6. Receipts and Disbursement of Funds. (a) The Agricultural Extension Service is hereby authorized and empowered to receive on behalf of this State all grants of money or other aid made available from any source to assist the State in carrying out the policy and purposes of this Act. All such money or other aid together

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with any moneys appropriated or other provision made by this State for such purpose, shall be forthwith available to said Agricultural Extension Service as the agency of the State subject, in the case of any funds or other aid received upon conditions, to the conditions upon which such funds or other aid shall have been received, for the purpose of administering this Act and may be expended by the Agricultural Extension Service in carrying out such State plans or in otherwise effectuating the purposes and policies of this Act. Grants of money. Expenditures. (b) Subject to any conditions upon which any such money or other aid is made available to the State and to the terms of any applicable plan made effective pursuant to this Act, such expenditures may include, but need not be limited to, expenditures for administering expenses, equipment, cost of research and investigation, cost of educational activities, compensation and expenses of members of the State Advisory Board, reimbursement to other State agencies or to voluntary committees or associations of agricultural producers for costs to such agencies, committees or associations of assistance in the administration of this Act, requested in writing by the Agricultural Extension Service and rendered to the Agricultural Extension Service reimbursement of any other fund from which it shall have made expenditures in providing services in the administration of this Act, payments to agricultural producers provided for in any plan made effective pursuant to this Act, salaries of employees, and all other expenditures requisite to carrying out the provisions and purposes of this Act. How applied. (c) The Agricultural Extension Service shall provide for the keeping of full and accurate accounts as such State agency, showing all receipts and expenditures of moneys, securities, or other property received, held or expended under the provisions of this Act and shall provide for the auditing of all such accounts and for the execution of surety

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bonds for all employees entrusted with moneys or securities under the provisions of this Act. Accounts to be kept. Section 7. Additional Powers and Duties of the Agricultural Extension Service as Such State Agency. (a) The Agricultural Extension Service shall utilize such available services and assistance of other State agencies and of voluntary county and community committees and associations of agricultural producers as it determines to be necessary or calculated to assist substantially in the effective administration of this Act. Assistance. (b) The Agricultural Extension Service shall have authority to make such rules and regulations, consistent with the provisions of this Act, and to do any and all other Acts consistent with the provisions of this Act, which it finds to be necessary or proper for the effective administration of this Act. Rules and regulations. (c) The Agricultural Extension Service shall have power and authority to obtain, by lease or purchase, such equipment, office accommodations, facilities, services and supplies, and to employ such technical or legal experts or assistants and such other employees, including clerical and stenographic help, as it determines to be necessary or proper to carry out the provisions of this Act, and to determine the qualifications, duties and compensation of such experts, assistants and other employees. Equipment. Assistants. Section 8. Community and County Committees. The Agricultural Extension Service shall by regulations provide: (1) For the organization within each community of a voluntary association, in which all agricultural producers who are citizens of this State and residents in such community shall be entitled to equal participation; for the selection by each such association of a community committee,

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composed of three members of such association; and for the selection of a chairman of each such community committee. Community association. (2) For the selection by the members of such community committees within each county of a county committee for such county, composed of three members of such community committees, and for the selection of a chairman of each such county committee. Members. Section 9. State Advisory Board. (a) The Agricultural Extension Service shall by regulations provide for the selection of five persons of legal age, resident in this State, who shall be selected from the standpoint of their qualification by actual farming experience and comprehensive understanding of the agricultural problems of this State, and representing as nearly as possible all sections of the State and major types of farming, to act as farmer members of a State Advisory Board. Advisory Board. (b) The State Advisory Board, upon the request of the Agricultural Extension Service, shall advise the Agricultural Extension Service with regard to all matters of major importance in carrying out the provisions of this Act, and may, in the absence of such request, submit advice and information to the Agricultural Extension Service, with respect to the administration of this Act. Advice and information. Section 10. Reports. The Agricultural Extension Service shall compile or require to be made such reports as it determines to be necessary or proper in order to ascertain whether any plans provided for in this Act are being carried out according to their terms. The Agricultural Extension Service shall provide for compliance on the part of all persons and agencies participating in the administration of any such plan, with such requirements, and may make, or cause to be made, such investigations as it determines to be necessary

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or proper to assure the correctness of and to make possible the vertification of such reports. Reports of investigations. Section 11. Provisions for Separability. Should any provision, clause, paragraph, section, or parts of this Act be held invalid, it is hereby declared to be the legislative intent that the remainder of this Act shall be in full force and effect and that the terms thereof are feasible and that the same would have been enacted without such provision, clause, paragraph, section or parts, had such invalidity been apparent. Invalidity. Section 12. Repeal of Inconsistent Legislation. All laws and parts of laws in so far as they conflict with this Act are hereby repealed. Repeal. Section 13. Time of Taking Effect. This Act shall take effect upon its approval by the Governor. Act effective. Approved March 19, 1937. ALCOHOLIC BEVERAGE-CONTROL ACT. No. 336. An Act to be known as the Alcoholic Beverage-Control Act, to provide for the control of the manufacture, importation, distribution, and sale of spirituous liquors in original and unbroken packages; to submit the question of legalization and control of alcoholic beverages to a vote of the people of this State by referendum; to define the terms used in this Act; to define who shall administer the provisions of this Act, and their qualifications; to define the duties of the State Revenue Commission in administering the provisions of this Act; to provide for the regulation of the manufacturing, and sale of the distilled spirits defined herein, to provide for the licenses to be issued under this Act; to provide that nothing in this Act shall conflict with the rights of counties and

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municipalities to regulate and license the sale of distilled spirits described in this Act in conformity hereto; to provide what tax shall be paid by those persons coming within the provisions of this Act; to provide that this Act may be placed in operation in any county by a local option referendum in said county; to provide how registered licensed pharmacists and manufacturers of medicines and drugs may procure alcohol; to prohibit the sale or shipment of distilled spirits described in this Act into counties failing to adopt local option; to prohibit the manufacture, selling or dealing in spirituous liquors other than as provided in this Act; to provide for no exemption from the license fees and taxes provided for herein; to authorize counties and municipalities to refuse to license persons under this Act in their discretion and to authorize counties and municipalities to revoke any license already granted at any time thereafter; to provide for the enforcement of all parts of this Act not held unconstitutional; to provide for repeal of laws in conflict with the provisions hereinafter set forth 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. This Act shall be known as the Alcoholic Beverage-Control Act. Citation. Section 2. The manufacture, sale, and distribution of distilled spirits and alcohol within any county is hereby authorized subject to the provisions of this Act and any Act amendatory hereto, provided this Act is adopted in any county according to the methods hereinafter provided. Authority to sell, etc. Section 3. (a) The words Alcoholic Beverage shall mean any liquid capable of human consumption as a beverage and containing one-half of one per centum or more of alcohol by volume. Words defined.

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(b) The words Spirituous Liquors, or Distilled Spirits, mean any alcoholic beverage containing alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, cordials, or other spirituous liquors by whatever name called. (c) The word Alcohol means the product of distillation of any liquid, whether rectified or diluted, whatever may be the origin thereof, and shall include synthetic ethyl alcohol. (d) The word Person means and includes any individual, partnership, corporation or association. (e) The word Manufacturer means any person engaged in manufacturing, distilling or rectifying or blending any alcoholic beverage, distilled spirits or alcohol. (f) The words Wholesaler or Wholesale Distributor mean any person engaged in distributing or selling to retailers for the purpose of resale any of the distilled spirits or alcohol as defined in this Act. (g) The words Retailer, or Retail Distributor, mean any person engaged in selling at retail any distilled spirits or alcohol for beverage purposes in unbroken packages. Section 4. This Act shall be administered by the State Revenue Commission of Georgia as now or hereafter constituted. No member or employee of the State Revenue Commission, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing or otherwise dealing in alcoholic beverages, nor shall such member or employee receive any commission or profit whatsoever either directly or indirectly from any person applying for or receiving any license provided for by this Act. Upon proof of any such member or employee being

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shown, such member or employee shall immediately be dismissed from service and not be permitted to serve again with said Revenue Commission. Administration by State Revenue Commission. Section 5. The State Revenue Commission shall have the following powers: Powers. (a) To try any of its employees and to punish them as provided for in Section 4 if found guilty. (b) To issue or refuse to issue any license provided for by this Act except those licenses authorized to be issued by counties and/or municipalities. (c) To revoke, suspend, or cancel for cause after hearing any license issued by it under authority of this Act. (d) To provide forms for applications for licenses and of all reports which it deems necessary in administering the same. (e) To fix standards not in conflict with those prescribed by the laws of this State or the United States. (f) To issue rules and regulations governing all advertising within this State of distilled spirits. (g) To issue rules and regulations not inconsistent with the Federal Laws or regulations requiring informative labeling of all distilled spirits offered for sale hereunder. (h) To adopt and promulgate, repeal and demand such rules, regulations, standards, requirements and orders not inconsistent with this Act or any law of this State or of the United States as it may deem necessary to control the manufacture and sale of distilled spirits and alcohol in accordance with the provisions of this Act. (i) 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 its operations, which shall be submitted to the Governor of this State; and also

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to each member of the General Assembly upon the convening thereof in regular session. (j) Agents and inspectors appointed by the State Revenue Commission for the enforcement of this Act are hereby empowered and authorized to enter upon the premises of any person licensed under the provisions of this Act at any time during business hours for the purpose of inspecting said premises and shall have access during such inspection to all books, records, and supplies relating to the manufacture and sale of alcoholic beverages. Section 6. No person shall within the State of Georgia manufacture, keep for sale or sell any distilled spirits without first having obtained a license as provided in this Act, Provided however, that nothing herein contained shall prevent solicitors from within or without this State taking orders for delivery as provided as follows: Licenses. Solicitors. (a) No distilled spirits intended for sale shall be imported, shipped or brought within the State of Georgia for delivery to any person except the holder of a Wholesaler's or Manufacturer's license. (b) No wholesaler licensed under this Act shall sell to any person within the State of Georgia unless such person be the holder of a Wholesaler's or Retailer's license. (c) No retailer within this State shall purchase distilled spirits from any person other than the holder of a Wholesaler's or Retailer's license issued by the State Revenue Commission of Georgia. (d) No manufacturer of any distilled spirits shall sell or distribute the same within this State to any person other than a licensed Wholesaler or Manufacturer. Section 7. Licenses which may be issued under authority of this Act shall be as follows:

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(a) Manufacturers. A Manufacturer's license shall authorize the holder thereof to operate a distillery for the production of alcohol or distilled spirits at the premises designated in the license. Such license shall authorize the operation of a rectifying plant. Such license shall authorize the sale of distilled spirits or alcohol in bulk to other distillers or rectifiers and shall require that sales to holders of Wholesaler licenses shall be in sealed containers. The annual fee for this license shall be one thousand ($1,000.00) dollars, which sum may be reduced to one-half for a license issued on and after August 1st of each year. Said licenses shall be payable each year on or before the first day of January. Manufacturer's license. (b) Wholesalers. A Wholesaler's license shall authorize the holder to engage in the sale of distilled spirits at wholesale, by selling to the holder of a Wholesale license or to the holder of a Retail license for the purpose of resale. Said license fee shall be one thousand ($1,000.00) dollars annually, which may be reduced to one-half for licenses issued on and after August 1st of each year. Said licenses shall be renewed annually on or before the first day of January. Wholesaler's license. (c) Retailers. A Retailer's license shall authorize the holder to sell only in the original and unbroken package or packages, which package or packages shall contain not less than one-half pint of distilled spirits or alcohol each, and shall not permit the breaking of said package or packages on the premises where sold, and shall not permit the drinking of the contents of said package or packages on the premises where sold. No Retailer's license shall be granted until the applicant has exhibited a license granted by the municipality, if the place of business is within the corporate limits of a municipality, or by the governing authorities of the county where the place of business is located if said place of business is outside the corporate limits of a town or city. Two hundred ($200.00) dollars shall be the annual

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fee for a Retailer's license, which fee may be reduced to onehalf for licenses issued on and after August 1st of each year. Said Retail licenses shall be renewed annually on or before the first day of January. Retailer's license. Municipal license. Fee. (d) No person, firm, corporation, association, partnership, or any other business, including hotels, restaurants, clubs, or any other public place shall be permitted to sell or offer for sale or to give or distribute alcoholic beverages in broken packages or any mixed drinks on the premises owned, controlled, or operated by any such person, firm, corporation, partnership, or any other business, including hotels, clubs, restaurants, or any other public places. Alcoholic beverages barred in public places. (e) No license shall be granted any person by the State Revenue Commission for any of the above purposes unless and until this Act has been adopted in the county of said business application, and until this Act has been adopted in conformity with the provisions hereinafter set forth. County adoption. (f) In addition to licenses herein above provided for, counties and municipalities may without regard to charter restrictions, impose further licensing requirements and the payment of additional fees before a manufacturer, wholesaler, or retailer may engage in business in that county or incorporated municipality, Provided that upon the issuance by an incorporated municipality of a license to do business within its corporate limits, no further fee or license shall be required by the county where such municipality is located. Further licenses required. (g) All persons holding licenses under this Act shall display the same prominently at all times on the premises for which same was issued. Display of license. Section 8. Nothing in this Act shall be construed from preventing 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 municipality and

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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. No business licensed under this Act shall be operated within one hundred yards of any church or educational institution. Municipal regulations. Forbidden location. Section 9. There shall be levied and collected on all distilled spirits imported into the State of Georgia a tax of eighty cents ($0.80) per wine gallon, and on all alcohol imported into the State of Georgia a tax of one dollar and sixty cents ($1.60) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. There shall be levied and collected on all distilled spirits manufactured in the State of Georgia from Georgia grown products a tax of forty cents ($0.40) per wine gallon, and on alcohol manufactured in the State of Georgia from Georgia grown products a tax of eighty cents ($0.80) per wine gallon, and a proportionate tax at like rates on all fractional parts of a gallon. Taxes shall be collected in the following manner; the State Revenue Commission shall prescribe suitable stamps in proper denominations denoting the payment of taxes imposed by this Act, and the tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper. Every manufacturer or wholesaler before shipment or delivery to a retailer shall affix to each bottle or container of distilled spirits a stamp indicating the payment of the proper amount of tax. The State Revenue Commission may in its discretion replace mutilated stamps when fully satisfied that said stamps have not been used. Taxes. Mode of collection. Stamps. (a) Each tax stamp upon being affixed to a bottle or other container of distilled spirits shall immediately be canceled by the person engaged in said business by placing in ink across the face of said stamp in legible form the license number of said person. Stamp cancellation.

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(b) The re-use of any stamp indicating payment of tax shall be unlawful. The counterfeiting or forging of any stamp shall be unlawful and any person guilty of committing either of said acts in this paragraph shall be guilty of a misdemeanor, and upon conviction be punished as for a misdemeanor. Sense of counterfeit. Penalty. (c) The possession of any distilled spirits or alcohol by any person which does not bear the tax stamps provided for herein shall be unlawful, and such distilled spirits or alcohol shall be subject to seizure by any peace officer, and the offender shall be guilty of a misdemeanor and upon conviction shall be punished for such. Possession unlawful. Section 10. Referendum. It shall not be legal to hold any election in the several counties of this State as provided for hereinafter in Section 11, 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 June 8, 1937, under the same rules and regulations as applied to election 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 the ratification or rejection of this Act. Popular election to ratify this Act. The ballots shall have written or printed thereon, For Legalization and Control Alcoholic Beverages, and the words, Against Legalization and Control Alcoholic Beverages. Those desiring to vote in favor of the ratification of this Act shall strike out the words, Against Legalization and Control Alcoholic Beverages, and those desiring to vote against the ratification of this Act shall strike out the words, For Legalization and Control Alcoholic Beverages. It is mandatory that the returns of said election shall be certified to the Secretary of State within three days after said election, and any returns certified to the Secretary of State after the expiration of three days from

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the time of the closing of the polls in the county where said returns will originate shall neither be received nor certified by said Secretary of State nor considered in determining the result of said election; and the Secretary of State upon receiving the certified returns within the period of time above specified shall immediately certify the number of votes For Legalization and Control Alcoholic Beverages and the number of votes Against Legalization and Control Alcoholic Beverages to the Governor. If a majority of those voting at said election vote For Legalization and Control Alcoholic Beverages, the State voting as a whole, the Governor shall by proclamation declare this Act ratified by the people of the State of Georgia, and when so ratified notwithstanding the result for the entire State shall be For Legalization and Control Alcoholic Beverages, it shall be then permissible for the several counties of the State to hold the elections as hereinafter provided. If the State shall vote Against Legalization and Control Alcoholic Beverages, the Governor shall declare this Act not ratified and no further or other election shall be necessary in the several counties. The Governor is hereby directed and it is mandatory that immediately upon receiving the certified result of said election from the Secretary of State that he immediately issue the proclamation as provided herein. Ballots. Returns of election certified. Proclamation. Section 11. At any time after the ratification of this Act, the ordinary of any county shall, upon petition signed by at least fifteen per cent of the registered voters qualified to vote at the last general election, being filed with him, call a special election to be held within thirty days from the filing of such petition, and shall publish a notice of the call of such election in the official gazette of the county once a week for two weeks preceding the election. At such special election there shall be submitted to the voters of the county who are qualified to vote for members of the General Assembly the question of whether the manufacture and sale of distilled spirits in the county shall be permitted or prohibited.

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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, either State or county. The returns of the election held hereunder shall be made within three days after the election to the ordinary who shall ascertain and immediately declare the results after the receipt of the returns. Those voting in said election for this Act to be put in force shall have printed or written on their ballots For Local Option. Those voting against said Act being put in effect in said county shall have printed or written on their ballots the words Against Local Option. Later county local-option election. (a) If at such election in a county where the manufacture and sale of distilled spirits is prohibited a majority of the votes cast shall be in favor of Local Option, the manufacture, distribution and sale of distilled spirits in such county shall be permitted in accordance with the provisions of this Act at the expiration of fifteen (15) days from the declaration of the result. If at such election in a county where the sale and manufacture of distilled spirits is permitted a majority of the votes cast shall be against the licensed manufacture and sale of distilled spirits, the manufacture, distribution and sale of distilled spirits in such county shall be prohibited at the expiration of the license period of the licenses in effect at the date of the election. No ordinary shall call nor shall any election provided for herein be held within two years after the date of the declaration of result by the ordinary of the previous election. Permission. Prohibition. Two-year period. Section 12. The provisions of this Act shall not apply to ethyl alcohol intended for use and/or used for the following purposes: Non-application purposes. (a) For scientific, chemical, mechanical, industrial, medicinal and culinary purposes.

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(b) For use by those authorized to procure the same tax-free, as provided by the Acts of Congress and regulations promulgated thereunder. (c) In the manufacture of denatured alcohol produced and used as provided by the Acts of Congress and regulations promulgated thereunder. (d) In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical and industrial preparations or products, unfit for beverage purposes. (e) In the manufacture of flavoring extracts and syrups, unfit for beverage purposes. Section 13. Any person who shall sell or offer for sale any spirituous liquors as herein defined on Sundays and election days shall be guilty of a misdemeanor and upon conviction shall be punished as for a misdemeanor. No sale on Sunday or election day. Section 14. Any person who by himself or another shall furnish or cause to be furnished or permit any person in his employ to furnish alcoholic, spiritous liquors, or beverages to any minor, or to any person who is noticeably intoxicated, or to any habitual drunkard whose intemperate habits are known to such person shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. That no female shall be allowed to work in any liquor store as hostess, barmaid or in any manner whatsoever. Penal sale to minor, etc. No female worker. Section 15. It shall be unlawful for any manufacturer, wholesaler or retail distributor, or any person to ship or transport by any means whatsoever any of the distilled spirits or alcohol 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 contained shall prevent any manufacturer, wholesaler or retail distributor from shipping or

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transporting said liquors through such counties or municipalities 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. Any person guilty of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Transportation. Proviso. Penalty. Section 15-A. That it shall be unlawful for any person, firm, or corporation to sell, possess, conceal, store, convey any vinous, malt or spiritous liquors or beverages whereon any tax or license fee is imposed by this Act, upon which such tax or license fee has not been paid. Possession unlawful. All vehicles and conveyances of every kind and description which are used in this State, and all boats and vessels of every kind and description which are used in any of the waters of this State in conveying, removing, concealing or storing any liquors or beverages subject to tax or license under this Act and upon which said tax or license has not been paid, shall be seized by any sheriff or other arresting officer, who shall, within ten days from date of seizure, report the same to the solicitor of the county, city or Superior Court having jurisdiction in the county where the seizure was made, whose duty it shall be within ten days from time he received said notice to institute proceedings in said court by petition. Said proceeding shall be a proceeding in rem, against said vehicle, which shall be described by name of general designation, and it shall be no ground for defense that the person or persons by whom said vehicle was used has not been convicted of such violation. Seizure of conveyances. Proceeding in rem. Service upon all persons having any interest in said vehicle shall be made by publication of notice of said proceeding once a week for two weeks in the newspaper or publication in which sheriff's advertisements appear in said county, said publication being sufficient service of notice on all parties at interest. Service by publication.

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The right of forfeiture of such vehicles shall not be dependent upon the property being owned by the person guilty of the unlawful use of it, nor upon the fact that the owner or lienor of the property shared in the guilt of the unlawful user thereof. Forfeiture. Any person at interest may appear and be made a party defendant and make defense, which must be done by answer under oath. Defense Provided that, when it shall appear from the evidence, to the satisfaction of the court that the owner or lienor of such vehicle was ignorance of the illegal use to which the same was put and that such illegal use was without his connivance or consent; express or implied, the court shall relieve said owner or lienor from the forfeiture herein provided. Provided, that such owner shall not be relieved of such forfeiture unless it be shown that, prior to the seizure, he has registered said vehicle with the State Motor Vehicle Department as required by law, and such registration must show his true name and address. Provided further, that no such lienor shall be relieved of said forfeiture unless prior to the time of seizure of such vehicle, there is duly recorded in the office of the Superior Court in the county in which lienee resided, the instrument creating such lien. All tires, batteries, and other equipment on or about any such vehicle shall be considered a part of such vehicle. Provisos. If no defense is filed within thirty days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall pass an order directing the sale of the property and the distribution of the proceeds as provided by law, after such advertisement as the court may direct. If any defense is filed, and allowed by the court, the case shall proceed as other civil cases in said court. Upon the trial of any such case, the burden shall be upon the defendant to prove that he was free from knowledge of the illegal use, connivance therein. Should it appear

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upon the trial that such vehicle is subject to forfeiture, the court shall order the same sold at public outcry by the sheriff of the county in which seizure was made after such advertisement as the court may direct. The proceeds arising from the sale shall be applied as follows: Default judgment. Burden of proof. 1. To the payment of expenses incurred in the seizure, storage and care of the property. Application of proceeds of sale. 2. To the payment of the court costs. 3. One-third of the remainder to the officer making the seizure and furnishing the proof. 4. The remainder, if any, shall be paid into the county treasury and become the property of such county. Provided further, that the court may in its discretion, where any party at interest shows to the satisfaction of the court that the ends of justice will be furthered thereby, allow such party to give bond for such property pending the outcome of the proceeding, upon payment of accrued costs and other expenses, said bond to be an eventual condemnation money bond in a penal sum double the value of the car according to the rating in the official guide of the National Automobile Dealers Association. Judgment may be entered up against the principal and surety on said bond upon judgment in the main case without further proceedings thereunder. Bond for condemnation money. Provided further, that in the exercise of its discretion in relieving any party at interest of the forfeiture, in addition to the payment of the costs and expenses herein provided, the court may require the payment of a sum representing the fair value of the interest or equity of the guilty party at interest, and order settlement of the proceeding. Payments on relief from forfeiture. Section 16. It shall be unlawful for any person, firm, or corporation to distill, manufacture, or make any distilled spirits, alcohol, or mixed liquors or beverages any part of

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which is a product of distillation, 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. 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 same. Unlawful acts felonious. Contraband. Section 17. Nothing in this Act contained shall be construed as giving any person a right to sell spiritous liquors as herein defined, but the manufacture, sale and distribution of spiritous liquors is declared to be a privilege in this State and not a right. Privilegeno right. Section 17-A. Before any license is granted applicant must file with the Revenue Commission corporate surety bond in a surety company licensed to do business in the State of Georgia conditioned to pay all taxes due the State of Georgia in amounts as follows: Surety bond. Distillersten thousand ($10,000.00) dollars; Wholesalersten thousand ($10,000.00) dollars; said bond to be approved by the Revenue Commission and shall be executed on such forms as may be prescribed by said Commission. Amounts. Section 18. Whoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations issued under authority of this Act, and in accord with the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be punished as for a misdemeanor. Penalty for violation. Section 19. Whoever sells, shall give away to induce trade or for the purpose of evading the provisions of this Act, furnishes, or provides any spiritous, distilled liquors, or intoxicating liquors and alcoholic beverages such as are

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dealt with in this Act, other than in accordance with the provisions of this Act and the rules and regulations promulgated under the same, shall be guilty of a misdemeanor, and upon conviction shall be punished as for a misdemeanor. Trade inducement a misdemeanor. Section 20. The county and/or municipal 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 corporate limits. Refusal and revocation of licenses. Section 20-A. Provided, that the governing authorities of any county shall refuse a retail dealers license for the sale of intoxicating liquors outside the corporate limits of any town or city located within the confines of said county where a majority of the residents of the locality in which the applicant for license proposes to operate, file objection to the granting of such license, any provision of this Act to the contrary notwithstanding. Objection to grant of license. Section 21. There shall be no exemption from the permit fees, license fees, and/or tax as provided by this Act in favor of any person whatsoever. No exemption. Section 22. Should any provision of this Act be held invalid, no other provision shall be affected thereby, and the remaining provisions shall continue in full force and effect. Invalidity. Section 23. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 29, 1937.

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BARBERS, BEAUTICIANS, HAIRDRESSERS, REGISTRATION, REGULATION, ETC. No. 380. An Act to bring hairdressers, beauty shops, beauty schools and colleges within the provisions of Chapter 84-4 of the Code of Georgia, regulating the barber profession; to differentiate a barber from a hairdresser for the purpose of this Act; to change the name of the State Board of Barber Examiners to the State Board of Barber and Hairdresser Examiners, and to provide that said Board shall consist of five members; to extend the provisions of Chapter 84-4 of the Code throughout the State of Georgia; to authorize the Board to make rules as to sanitation and health in barber and beauty shops and in barber and beauty schools; to regulate the manner of teaching, learning, and serving the public in barber and beauty schools and colleges; to provide penalties for the violation of Chapter 84-4 of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The name of the State Board of Barber Examiners is hereby changed to the State Board of Barber and Hairdresser Examiners. Hairdressers are hereby made eligible for membership on said Board and must possess the same qualifications in reference to the hairdressing profession that barbers must possess in reference to the barber profession to be eligible for membership on said Board. Said Board is increased to five members, and the two new members shall be hairdressers, to be appointed in the same manner and for the same term as the present members except the first terms of the additional members to be appointed on the approval of this Act shall expire on November 9, 1940. State Board name changed. Membership.

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Section 1-A. The said Board may appoint not more than five inspectors for such period of time as necessary to adequately enforce the provisions of this Act and Chapter 84-4 of the Code of Georgia. Said inspectors shall be experienced barbers and/or beauticians and hairdressers and they shall receive five ($5.00) dollars a day for their services and actual traveling expenses, same to be paid from fees collected by authority of said Board. Inspectors. Pay. Section 2. For the purposes of this Act a hairdresser, the word hairdresser being synonymous with beautician, shall be any person who does any of the things enumerated in Section 84-401 of the Code of Georgia, which defines the occupation of a barber, and who does permanent waving of the human hair for compensation and does not for compensation shave the masculine beard. Any person who does any of the things enumerated in Section 84-401 of the Code of Georgia and who does not do permanent waving of the human hair for compensation, but does shave the masculine beard for compensation shall be a barber, for the purposes of this Act. Definition of words. Section 3. The provisions of Chapter 84-4 of the Code of the State of Georgia and this Act shall have operation throughout the State and shall relate to matters and things outside of cities and towns in this State in the same manner that they relate to matters and things in cities and towns in this State, and shall not be restricted to matters and things in cities and towns in this State. Said Chapter shall relate to the beauty profession in the same manner that it relates to the barber profession; shall relate to the manner of operating beauty shops in the same manner that it relates to the manner of operating barber shops; shall relate to the manner of conducting beauty schools and beauty colleges in the same manner that it relates to the manner of conducting barber schools and barber colleges; also this Act shall have uniform operation throughout the State of Georgia so that upon the adoption of this Act, no

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barber, hairdresser, barber school or college, beauty school or college, barber shop or beauty shop shall be exempt from regulation. Code provisions extended. Section 4. All beauty shops and proprietors thereof shall be subject to the same sanitary and other regulations that barber shops and proprietors thereof are subject to under said Chapter 84-4 of the Code of this Act and said Board shall have the same power with reference to beauty shops and proprietors thereof that it has with reference to barber shops and proprietors thereof, and all barber shops and beauty shops in this State shall be subject to the provisions of Chapter 84-4 of the Code and this Act. Said Board shall have authority to require employees in such shops to annually stand a physical examination. Sanitary and other regulations. Examinations. Section 5. Certificates of registration permitting a person to practice the occupation of a hairdresser shall be issued under the same circumstances and in the same manner that certificates of registration to practice barbering are issued under Chapter 84-4 of the Code of this Act, and before any person shall practice the occupation of a hairdresser in this State he or she must comply with the regulations required of persons who practice barbering in this State under said Chapter 84-4 of the Code and this Act, except hairdressers may learn their profession in a beauty school or college, or under a hairdresser, and barbers may learn their profession in a barber school or college, or under a barber, as provided in said Chapter of this Act. Certificates of registration. Requirements. Section 6. Beauty schools and colleges shall be subject to the same regulations that barber schools and colleges are subject to under said Chapter 84-4 of the Code and this Act, and said Board shall have the same powers over beauty schools and beauty colleges, persons connected therewith, and things done therein that it has over barber schools and barber colleges, persons connected therewith and things done therein, except that beauty schools and colleges shall

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keep permanently displayed a sign Beauty School or Beauty College and barber schools and barber colleges shall keep permanently displayed a sign Barber School or Barber College. Persons operating a beauty school shall be subject to the same regulations and have the same qualifications in reference to the hairdressing profession that persons operating barber schools and barber colleges are subject to and are required to have in reference to the barber profession. Provided further that said Board shall have the same power and authority as to rules, regulations and inspection as to sanitary conditions over barber schools, barber colleges, beauty schools and beauty colleges as it has over barber and beauty shops. Schools. Signs. Provided further all such signs above referred to shall also display the words Service by Students Only. Provided further where service is rendered by students no commissions or premiums shall be paid to such students for work done in said school or colleges, nor shall any person be employed by such colleges or schools to render professional service to the public, and all teachers or instructors shall devote their entire time to instruction of students. Section 7. If any person not lawfully entitled to a certificate of registration under said Chapter 84-4 of this Act shall practice the occupation of a barber or a hairdresser, or if any such person shall endeavor to learn the trade of a barber or hairdresser by practicing the same under the instructions of a barber or hairdresser or other person, other than as in said Chapter and this Act provided, or if, any such person shall instruct or attempt to instruct any person in either of such trades; or if any proprietor of or person in control of or operating any barber shop, barber college, barber school, beauty shop, beauty college, or beauty school, shall knowingly employ for the purpose of practicing either of such occupations any barber or hairdresser not registered under Chapter 84-4 of this Act, or if any person, barber

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or beauty college, or barber or beauty school shall instruct or attempt to instruct, in either of such trades, any person not registered under the provisions of Chapter 84-4, or this Act, or if any person shall falsely or fraudulently pretend to be qualified under Chapter 84-4 or this Act to practice or learn either of such trades or occupations or if any person shall violate any other provisions of Chapter 84-4, or this Act, he shall be guilty of a misdemeanor. Forbidden Acts. Penalty. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. BLIND NEEDY PERSONS, AID OF. No. 65. An Act to promote the public welfare by providing aid to the needy blind, to provide definitions of the terms used herein, to define blindness, and to define eligibility for assistance to the needy blind, to provide the amount of assistance which shall be paid, to define the duties of the State Department of Public Welfare and the County Departments of Public Welfare with reference to the administration of this Act, to provide regulations with reference to applications for assistance, investigation of applications, examination by ophthalmologists and granting of assistance and funeral expenses under the terms of this Act to exempt assistance from legal process and to provide that such assistance shall not be assignable, to provide for appeal to the State Department from rulings of county departments and for period reconsideration and changes in the amount of assistance, to provide for re-examination as to eyesight and for expenses for treatment of recipients, to provide regulations with reference to recovery of assistance from recipients and from the estate of recipients, to provide regulations surrounding

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removal of a recipient from one county to another, to provide financial procedures and authority of the General Assembly and counties to appropriate the necessary funds for the administration of this Act, to define fraudulent acts in violation of the provisions herein, to provide limitations of the Act, a short title therefor, the effective date for the repeal of existing laws and for a separability clause and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same: Section 1. Definitions. As used in this Act: State Department means the State Department of Public Welfare created by the Welfare Organization Act of 1937. Words defined. County Department means the county or district department of public welfare of each of the several counties in this State created by the 1937 Public Welfare Law. Applicant means a person who has applied for assistance under this Act. Recipient means a person who has received assistance under the terms of this Act. Ophthalmologist means a physician licensed to practice medicine in this State and who is actively engaged in the treatment of diseases of the human eye. Assistance means money payments to blind persons in need. Supplementary Services means services other than money payments to blind persons in need, including payments toward the funeral expenses of such persons as provided in this Act. Section 2. Definition of Blindness. A person shall be considered blind for the purposes of this Act whose vision, with correcting glasses, is so defective as to prevent

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the performance of activities for which eyesight is essential. The State Department shall promulgate rules and regulations stating, in terms of pohthalmic measurements, the amount of visual acuity which an applicant may have and still be eligible for assistance under this Act. Blindness. Regulations. Section 3. Eligibility for Assistance to the Needy Blind. Assistance shall be granted under this Act to any blind person who: Eligibility for assistance. (a) Is 21 years of age or older; (b) Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; (c) Is not an inmate of any public institution at the time of receiving assistance. An inmate of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate; (d) Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under this Act at any time within two years, immediately prior to the filing of application for assistance pursuant to the provisions of this Act: (e) Has been a bona fide resident of the State for not less than one year; (f) Is not receiving old-age assistance; (g) Is not publicly soliciting alms in any part of this State. The term publicly soliciting shall be construed to mean the wearing, carrying or exhibiting of signs denoting blindness, or the carrying of the receptacles for the reception of alms or the doing of the same by proxy or by begging from house to house; (h) All assistance under this Act shall be suspended in the event of and during the period of confinement in any

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public penal institution after final conviction of a crime against the law of this State or any political subdivision thereof. Section 4. Amount of Assistance. The amount of assistance which any person shall receive, shall be determined by the county department with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the State Department, and shall be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence compatible with decency and health. Amount of assistance. Section 5. Duties of State Department. The State Department shall: Duties of State Department specified. (a) Supervise the administration of assistance to the needy blind under this Act by the county departments; (b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this Act. All rules and regulations made by the State Department shall be binding on the county departments and shall be complied with by the respective county departments; (c) Designate the procedure to be followed in securing a competent medical examination for the purpose of determining blindness in the individual applicant for assistance; (d) Establish standards for personnel employed by the State and county departments in the administration of this Act and make necessary rules and regulations to maintain such standards; (e) Prescribe the form of and print and supply to the county departments such forms as it may deem necessary and advisable;

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(f) Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy blind, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance; (g) Publish an annual report and such interim reports as may be necessary; (h) Designate a suitable number of ophthalmologists, duly licensed to practice medicine in Georgia and actively engaged in the treatment of diseases of the human eye, to examine applicants and recipients of assistance to the blind; (i) Fix the fees to be paid to ophthalmologists for examinations of applicants, such fees to be paid out of funds allocated to the State Department or to the county departments; (j) Initiate or cooperate with other agencies in developing measures for the prevention of blindness, the restoration of eyesight, and the vocational adjustment of blind persons, including employment in regular industries, independent business, sheltered work shops or home industry, and the instruction of the adult blind in their homes. Section 6. Duties of the County Departments. The county departments shall: Duties of county departments. (a) Administer the provisions of this Act in the respective counties subject to the rules and regulations prescribed by the State Department pursuant to the provisions of this Act; (b) Report to the State Department at such times and in such manner and form as the State Department may from time to time direct; (c) Submit to the county commissioner or board of commissioners, or the constituted fiscal or financial agent of the

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county after approval by the State Department, a budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this Act. Section 7. Application for Assistance. Application for assistance under this Act shall be made to the county department of the county in which the applicant has resided for a period of one year. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the State Department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the State Department. Section 8. Investigation of Applications. Whenever a county department receives an application for assistance under this Act, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the State Department. Investigation. Section 9. Examination by Ophthalmologist. No application shall be approved until the applicant has been examined by an ophthalmologist designated or approved by the State Department to make such examinations. The examining ophthalmologist shall certify in writing upon forms provided by the State Department the findings of the examination. Examination. Section 10. Granting of Assistance. Upon the completion of such investigation the county department shall decide whether the applicant is eligible for assistance under the provisions of this Act, and determine in accordance with the rules and regulations of the State Department the amount of such assistance and the date on which such assistance

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shall begin. The county department shall notify the applicant of its decision. Such assistance shall be paid monthly to the applicant upon order of the county department from funds allocated to the county department for this purpose. Notice of decision. Payment. Section 11. Funeral Expenses. On the death of the recipient reasonable funeral expenses, not exceeding $75.00, may, subject to the rules and regulations of the State Department, be paid by the county department if the estate of the deceased is insufficient to pay the same and the persons legally responsible for the support of the deceased are unable to pay the same. Section 12. Assistance Not Assignable. Assistance granted under this Act shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this Act shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law. Not subject to transfer or to legal process. Section 13. Appeal to the State Department. If an application is not acted upon by the county department within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of assistance is modified or canceled under any provision of this Act, the applicant or recipient may appeal to the State Department in the manner and form prescribed by the State Department. The State Department shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing. Appeals. The State Department may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. The State Department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance

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to be granted the applicant as its opinion is justified and in conformity with the provisions of this Act. Applicants or recipients affected by such decisions of the State Department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the State Department. Review of decisions. All decisions of the State Department shall be final and shall be binding upon the county involved and shall be complied with by the county department. Section 14. Periodic Reconsideration and Changes in Amount of Assistance. All assistance grants made under this Act shall be reconsidered by the county department as frequently as may be required by the rules of the State Department. After such further investigation as the county department may deem necessary or the State Department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the State or county departments find that the recipient's circumstances have altered sufficiently to warrant such action. Reconsideration. Section 15. Re-examination as to Eyesight. A recipient shall submit to a re-examination as to his eyesight when required to do so by the county or the State Department. He shall also furnish any information required by the county department or by the State Department. Re-examination. Section 16. Expenses for Treatment. Supplementary services may be provided by the county department to any applicant or recipient who is in need of treatment either to prevent blindness or to restore his eyesight whether or not he is blind as defined in Section 2 of this Act if he is otherwise qualified for assistance under this Act. The supplementary services may include necessary traveling and other expenses to receive treatment from a hospital or clinic designated by the State Department. The county department shall be reimbursed by the State Department for 90 per cent. of such expenditures. Service expenses.

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Section 17. Recovery from a Recipient. If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application provided for in Section 7 of this Act, it shall be the duty of the recipient immediately to notify the county department of the receipt or possession of such property or income and the county department may, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of his need shall be recoverable by the county as a debt due to the State and the county in proportion to the amount of the assistance paid by each respectively. Recovery of assistance. Amount. Section 18. Recovery from the Estate. On the death of any recipient, the total amount of assistance paid under this Act shall be allowed as a claim against the estate of such person after funeral expenses not to exceed $75.00 have been paid and after the expense of administering the estate has been paid. No claim shall be enforced against any real estate of a recipient while it is occupied by the surviving spouse, or dependent. Provided, however, this section shall not apply to a Confederate Veteran or his widow who may now be drawing a pension or who may hereinafter be entitled to draw a pension. Recovery from estate of decedent. The Federal Government shall be entitled to a share of any amounts collected from recipients or from their estates equal to not more than one-half of the amount collected, if required as a condition to Federal financial participation, and this amount shall be specified by the State Department. The amount due the United States shall be paid promptly by the State to the United States Government. Federal Government share. Section 19. Removal to Another County. Any recipient who moves to another county in this State shall be entitled with the approval of the State Department to receive assistance in the county to which he has moved and the county

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department of the county from which he has moved shall transfer all necessary records relating to the recipient to the county department of the county in which he has moved. The county from which the recipient moves shall pay the assistance for a period of two months. Removal to other county. Section 20. Financial Procedures. The county commissioner or board of commissioners or the constituted fiscal or financial agent of the county in each county in the State shall appropriate annually a sufficient sum up to 10 per cent. of the cost of the administration in each respective county and the cost of paying the assistance and the benefits provided for under terms of this Act, which said fund shall be paid to the county department of public welfare upon requisition by the director thereof. Provided, however, the county taxing authority is in no sense delegated to the welfare boards herein created, and the 10 per cent. required of each county shall not exceed the amount of taxes of revenues available in such county for such purpose. The county department shall keep such records and accounts in relation to assistance under this Act as the State Department shall prescribe. The State Department shall reimburse each county or district public welfare department to the extent of 90 per cent of the amount expended for assistance and for administration pursuant to the provisions of this Act, provided that such State Department shall cooperate with the Federal Social Security Board in obtaining for the purposes of administering the benefits of this Act, the Federal aid as provided for in the Federal Social Security Act. The Legislature is hereby authorized and empowered to appropriate from the General Fund of the State or otherwise, except funds specifically allocated by law for other purposes, a sufficient amount of money to provide for the administration of and the payment of the assistance and other benefits enumerated and provided for under the terms of this Act after taking into consideration the Federal aid which is provided for by the Federal Social Security Act and the 10 per

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cent. of such total amounts necessary for the above purposes which shall, under the terms of this Act, be paid for by the respective counties of the State. Finance management. Section 21. Fraudulent Acts. Whoever knowingly obtains, or attempts to obtain, or aid or abets any person to obtain by means of a wilfully false statement or representative or by impersonation, or other fraudulent device, assistance to which he is not entitled, assistance greater than that to which he is justly entitled; or whoever aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the county department, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $300.00 or be imprisoned for not more than twelve months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received. Fraud. Penalty. Section 22. Limitation of Act. All assistance granted under this Act shall be deemed to be granted and to be held subject to the provisions of any amending or repealing Act that may hereafter be passed, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing Act. Subject to amendment or repeal. Section 23. Short Title. This Act may be cited as the Aid to the Blind Act. Citation. Section 24. Effective Date. This Act shall take effect upon approval by the Governor of the State and upon adequate appropriations for the expenditures to be made as are provided for herein. Date effective. Section 25. Repeal of Existing Laws. All provisions of law in conflict with this Act are hereby repealed.

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Section 26. Separability Clause. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby. Invalidity. Approved February 26, 1937. BLIND PERSONS, FACTORY FOR. No. 442. An Act to create and establish by the State of Georgia a factory to produce such supplies used by the State and its political subdivisions and the institutions thereof, as may be successfully manufactured by the blind and persons of substandard vision; to define the purpose and objects of such institution; to create a board for the selection of a suitable site upon property owned by the State or donated for that purpose and to dedicate such site to such factory; to provide for the equipment, maintenance and management of such factory by a board of managers and for their selection and eligibility; to provide for the sale of supplies as manufactured to the departments of the State, its said subdivisions and institutions, and to the Federal Government and other States and to individual and corporate dealers in such supplies; and to provide for payment thereof when sold for public purposes by deductions by the State Treasurer from appropriations or allotments to such departments, subdivisions and institutions; to provide for the management of such factory by a board of managers empowered to make rules and regulations touching eligibility for employment, housing and rationing, hours of labor and scale of pay or division of profits and all other rules for the proper management of such factory; to procure necessary machinery, equipment and furnishings for such factory; to

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make contracts for power, lighting and heating; to accept donations of lands, buildings, machinery, equipment and all other things necessary or proper for the conduct of such factory and the betterment of employees therein; to authorize the managers of said factory to permit work connected with production of commodities manufactured in said factory to be done in the homes of workers whenever in their judgment such work can be practically and satisfactorily so done; to provide for the payment to workers of said factory of benefits under the Act known as Aid to the Blind Act; and to provide for the appropriation of $10,000.00 or so much thereof as may be necessary for the establishment and maintenance of such factory; 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 there is hereby created the Georgia Factory for the Blind to be operated in two sections, namely, white and colored. Creation of factory. Section 2. The purpose of such factory is to furnish to those citizens of Georgia who are blind or who have not more than 10 per cent vision a means of supporting themselves and an opportunity for those mentally gifted to earn a living by working in short shifts, as well as develop their talents for literature, poetry, music or otherwise; and to furnish a home to such workers as desire it, thereby removing them from the degradation of paupery or beggary, and to relieve counties of the expense of their upkeep in poorhouses, at a minimum, if any, cost to the State. Purposes. The plan of operation of such factory shall be to manufacture supplies extensively used by the various departments of the State and its political subdivisions, educational, penal and other institutions thereof that are in the capacity of the blind to make, such as brooms, brushes, mops, mattresses, desks and office, school and other furniture; but this enumeration

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is but partial and not exclusive of articles that may be manufactured in such factory. Operation. Section 3. The sale of supplies so manufactured shall be at prevailing retail market prices. The Treasurer of the State shall deduct from all of said appropriations and allotments sums sufficient to pay for supplies of the kinds so manufactured that shall be used by said departments, subdivisions and institutions regardless of whether they are actually ordered from said factory or not, provided that such factory is able to promptly supply them. All counties shall receive full credit against State taxes respectively collected or due by them for supplies bought from such factory and paid for, together with interest from the dates of payment to the coming into the State Treasury of such taxes. All sales made to the Federal Government, other States and their institutions and subdivisions and to private purchasers shall be made at such rates and upon such terms as may be fixed by the board of managers, but at not less than the prevailing wholesale prices and at not less than cost of manufacture. Sales of supplies. Section 4. Said factory and the sections thereof shall be located on such property of the State of Georgia owned by or donated to it as shall be selected for that purpose by the Governor of Georgia, the President of the Senate, the Speaker of the House, the Director of Public Welfare, and the State Supervisor of Vocational Rehabilitation, or a majority of them, which selection shall be made not later than April 1, 1937. Such selection shall be made so as not to impede the operation of other institutions of the State; but all property thereof or parts thereof not in actual use shall be available and upon such selection the Governor shall by proclamation dedicate said selected property or properties to the use of said factory, and the two sections thereof. Location of factory. Section 5. General supervision of such factory shall be under the Department of Public Welfare. The management

Page 582

of such factory shall be by a board of managers, appointed by the Governor, of seven citizens of the State, at least four of whom shall be experienced manufacturers interested in relief of the blind and one blind citizen of Georgia and, in addition thereto, the following shall be ex-officio members of said board, namely: the State Treasurer, the State Superintendent of Schools, the Director of Public Welfare, the State Supervisor of Purchases and the State Supervisor of Vocational rehabilitation. Management. Section 6. Said board of managers shall serve without pay except that they shall receive actual traveling expenses when in the performance of their duties. They shall elect the chairman of the board and factory superintendents and foremen for the white and colored sections of such factory. Said board shall have full authority to provide for the equipment, maintenance and managementof such factory; to provide for the selection and eligibility of applicants for admission to such factory; to provide for the sale of supplies so manufactured to the departments of the State, its said subdivisions and institutions, and to the Federal Government and other States and to individual and corporate dealers in such supplies; and to provide for housing, rationing, hours of labor, scale of pay or division of profits, and all other rules for the proper management of such factory not in conflict with the provisions hereof; to procure necessary machinery, equipment and furnishings for such factory; to make contracts for power, lighting and heating; to arrange for all other things necessary or proper for the conduct of such factory. Board of managers. Authority and duties. Section 7. Where in the opinion of the board of managers, any part of the work necessary to the production of any commodity can be practically and satisfactorily done in the home of the worker, as in the hemming of towels or other needle-work, said board of managers shall have authority to permit and to arrange for such work to be so done. Home work.

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Section 8. Each worker in said factory who is otherwise entitled to share in the benefits provided for dependent blind persons under the Act known as Aid to the Blind Act shall, in addition to the amount received as compensation for his services in said factory, be paid from the Department of Public Welfare the amount paid totally dependent blind persons less half the earnings of said worker. Workers' pay. Section 9. And be it further enacted by the authority aforesaid, That the sum of $10,000.00 or so much thereof as may be necessary be appropriated annually for the establishment and maintenance of such factory from funds not otherwise appropriated. Appropriation. Section 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. BUILDING CODES AND REGULATIONS. No. 224. An Act for the protection of the health and safety of the several counties of this State, to authorize the commissioners of roads and revenues or other authorities having charge of the roads and revenues of all counties in this State having a population of 200,000 or more inhabitants by the U. S. Census of 1930 or any future U. S. Census to make, adopt, amend, change, repeal, and prescribe building codes, rules and regulations as to the erection, construction, repair, equipment, rebuilding, alteration, changing and removal of buildings, houses and any structure whatsoever erected or repaired in all counties of the State outside of the incorporated limits of any municipality, including codes, rules and regulations relating to plumbing, electrical work and all matters included

Page 584

or embraced in the erection, construction, altering, repairing or removal of any building, house or structure of any kind, which codes, rules and regulations shall have the force and effect of laws; to provide for the appointment of building, plumbing and electrical inspectors for said counties, to empower said county commissioners or other governing authorities to prescribe the qualifications, terms, duties, and compensation of said inspectors; to authorize said county commissioners or other governing authorities to fix, change and prescribe inspection fees to be paid; to authorize and empower said governing authorities to require building permits under said building codes, rules and regulations and to charge therefor; to provide for the enforcement of said codes, rules and regulations and to provide penalties and punishments for the violation of said building codes, rules and regulations; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the commissioners of roads and revenues or other county authorities having charge of the roads and revenues 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 are hereby authorized and empowered to make, adopt, alter, amend, change, repeal, and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, houses and any structure whatsoever in the several counties of the State outside of the incorporated limits of any municipality, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind. County authority for building codes.

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Section 2. Be it further enacted by the authority aforesaid, That said building codes, rules and regulations may embrace such matters as codes, rules and regulations as to fire limits, plans, approvals, repairs, definitions, certificates of occupancy, classification of buildings, permissible area of lot occupied, excavations and foundations, walls, heights and areas, allowable loads, means of ingress and egress, tests, quality and weight of materials, working stresses, cast iron construction, steel construction, timber construction, roofs and roof structures, fire doors, fire windows and fire shutters, protection of vertical openings, cellars, vaults, areaways and projecting structures, mill construction, fire-resistive construction, fire-proofing, reinforced concrete construction, strength tests for floor construction, chimneys, flues and heating and plumbing apparatus, existing buildings razed, altered, repaired or moved, frame buildings, standpipe requirements, sprinkler requirements, construction and equipment of theatres, dwellings having walls of hollow building tile, hollow concrete block or hollow walls of brick, regulations governing construction and operation of elevators, signs and billboards, protection of workmen and the public, regulations controlling the construction, alteration and use of apartment houses, proceedings in connection with unsafe or collapsed buildings and such other matters relative to the construction, alteration, demolition and removal of houses, buildings and other structures as may be proper or useful for the protection of health and safety. The enumeration herein shall not be construed as exclusive. Matters embraced. Section 3. Be it further enacted, That the board of commissioners or other governing authorities as the case may be, of the several counties, shall have the right, power, and authority to appoint a building, plumbing and electrical inspector for said county and such other assistants as the said governing authorities may deem necessary. Said county commissioners or other governing authority shall have the right, power and authority to prescribe the qualifications,

Page 586

terms, duties and compensation of said building, plumbing and electrical inspector and such assistants as they may authorize or appoint. Inspectors. Section 4. Be it further enacted by the authority aforesaid, That the board of county commissioners or other governing authorities shall have the right, power and authority to make rules, codes and regulations as to permits for and inspections of construction, equipment alteration, repairing or removal of houes, buildings, or other structures outside of the incorporated limits of municipalities and may prescribe fees or charges for permits and such inspections which fees shall be fixed and charged by the board of county commissioners and shall be paid to the county treasurer by the owner or owners of the property upon which said construction, altering, equipment or repairing is done or is proposed to be done. Rules and regulations. Section 5. Be it further enacted, That the compensation of the county building, plumbing and electrical inspector and his assistants prescribed from time to time by the board of county commissioners shall be paid out of funds received by the county treasurer for permits and inspections. Pay of inspectors. Section 6. Be it further enacted by the authority aforesaid, That all codes, rules and regulations adopted, promulgated or prescribed under this Act shall have the force and effect of laws of the State of Georgia. Force of law. Section 7. Be it further enacted, That all violations of any of the codes, rules and regulations adopted, promulgated or prescribed by the boards of county commissioners, or other governing authorities, under the provisions of this Act are hereby declared to be misdemeanors and any person violating any such codes, rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor under the provisions of Section 27-2506 of the Code of Georgia of 1933. Violations. Penalty.

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Section 8. Be it further enacted by the authority aforesaid, That the violation of any of the provisions of any such codes, rules and regulations as may be adopted, prescribed or promulgated by the board of county commissioners or other authority under this Act may be restrained and enjoined by an action in the name of the county against the person or persons violating or aiding in violating any of the provisions of such codes, rules and regulations and it shall be the duty of the court having jurisdiction thereof to restrain and enjoin such violators in such proceedings, such injunction or restraining order shall likewise be applicable to any threatened violation or any continuance of such codes, rules or regulations. Injunctions. Section 9. Be it further enacted by the authority aforesaid, That if any portion of this Act shall be declared to be unconstitutional the same shall not affect the remaining portions of this Act. Constitutionality. Section 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 20, 1937. CANCER PREVENTION AND CURE. No. 473. An Act to promote the prevention and cure of cancer; to authorize the Department of Public Health to establish a standard for the organization, equipment and conduct of cancer units or departments in general hospitals in this State and to conduct an educational campaign for cancer control; and to provide a plan for the care and treatment of indigent persons suffering from cancer; and to acquire such laboratories, hospitals, or other property, real or personal, by gift, purchase or otherwise, as is

Page 588

necessary to carry out the purposes of this Act; to appropriate fifty thousand ($50,000.00) dollars annually to enable the Department of Public Health to carry out the provisions of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act it shall be the duty of the Department of Public Health to formulate a plan for the care and treatment of indigent persons suffering from cancer, and to establish and designate standard requirements for the organization, equipment and conduct of cancer units or departments in general hospitals in this State. The Department of Public Health shall consult with physicians designated by the President of the Medical Association of Georgia, and with such other experts or nonexperts wherever located as the Department of Public Health may deem proper with a view to carrying out the purposes of this Act, and with a view of establishing and designating a minimum standard for the conduct and equipment of cancer units or departments in general hospitals in such parts or districts of the State as may, in the opinion of the Department of Public Health, be deemed most advantageous to the public health. Health Department duties. Section 2. Be it further enacted by the authority aforesaid, That said Department of Public Health of the State of Georgia shall formulate and put into effect an educational plan for the purpose of preventing cancer throughout the State of Georgia, and for the purpose of aiding in the early diagnosis of cancer, and for the purpose of informing hospitals and cancer patients of the proper treatment. Preventive plan. Section 3. Be it further enacted by the authority aforesaid, That said Department of Public Health of the State of Georgia is authorized and directed to make rules and regulations specifying to what extent and on what terms and conditions indigent cancer patients of this State may

Page 589

receive financial aid for the diagnosis and treatment of cancer in any hospital in this State approved by the Department of Public Health. The Department of Public Health is hereby authorized to furnish such aid to such indigent cancer patients of this State who are citizens of this State, to the extent of, and within the appropriations, as the Department of Public Health shall deem proper. The Department of Public Health shall have the power in its discretion to administer such aid in any manner which in its judgment will afford the greater benefit to cancer patients throughout the State, and shall have the power, to the extent of and within the appropriation herein provided, or which may be hereafter provided, to acquire such laboratories, hospitals, or other property, either real or personal, by gift, purchase, devise or otherwise, as the Department of Public Health shall in its discretion deem advisable to afford proper treatment and care to cancer patients in this State, and to carry out the intent and purpose of this Act. Rules and regulations. Aid to indigents. Section 4. That the sum of fifty thousand ($50,000.00) dollars, is appropriated annually for the purpose of this Act, but the same is to be paid out of the amounts appropriated to the Department of Public Health by the General Appropriation Bill and the amount of fifty thousand ($50,000.00) dollars is to be paid out of that fund and no other. Appropriation. Section 5. Be it further enacted by the authority aforesaid, That in case any section or any paragraph of any section of this Act shall be declared illegal or unconstitutional by the courts, the same shall not affect the provisions of this Act not so declared to be illegal or unconstitutional. Section 6. 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 30, 1937.

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CANDIDATES FOR GENERAL ASSEMBLY. No. 198. An Act to require all candidates for the General Assembly in counties having a population between 29,990 and 29,998 to designate and qualify for the seats in the General Assembly from all such counties and to name their incumbent opponents; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That: Section 1. From and after the passage of this Act, each and every candidate for the General Assembly of the State of Georgia residing in counties having a population of not less than 29,990 and not more than 29,998, according to the last official census of the United States, shall designate with his local Democratic Committee in all primary elections, and qualify for, a specific seat in the General Assembly, by naming the incumbent candidate he desires to oppose; and, thereupon, he shall be qualified, if otherwise qualified, to oppose such incumbent candidate and none other. Specific designation by candidate. Section 2. Be it further enacted, That in the event any such incumbent shall die or decline to offer again for such office, then and in that event, such candidate shall qualify for such office by announcing with said local committee his intention to run for the office formerly held by said incumbent, naming him. Section 3. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 18, 1937.

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CATTLE DISEASESAMENDING ACT. No. 239. An Act to amend Section 5 of an Act passed by the General Assembly of Georgia during the session of 1927, see pages 348-352 of the Acts of 1927, known as Act No. 314 Tuberculosis in Domestic Animals, so as to include in each and all of the provisions of this Act the control of anthrax and/or Bang Disease (contagious abortion infection) which is at present considered the most important factor in the spread of undulent fever in man. 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, Section 5 of the Act of 1927 known as Act No. 314 Tuberculosis in Domestic Animals (see pages 348 to 352 of the Acts of 1927) be and the same is hereby amended by adding, as a new subparagraph to Section 5 the following: The purpose of this Act is to safeguard public health by controlling and, if practical, eradicating any and all disease of cattle communicable to man; therefore, the provisions of this Act shall apply in its entirety to the control and, if possible, the eradication of anthrax and Bang Disease control as well as to the eradication of bovine tuberculosis, so that when amended Section 5 shall read as follows: Act of 1927 amended. Section 5. Be it further enacted by the authority aforesaid, That to enforce the provisions of this Act and to enable the State Veterinarian to eradicate bovine tuberculosis, to establish and maintain a modified accredited tuberculosis-free area, and to develop the livestock industry within the State, the sum of twelve thousand five hundred ($12,500) dollars annually, or as much thereof as may be necessary, be and the same is hereby appropriated. The purpose of this Act is to safeguard public health by controlling and, if practical, eradicating any and all diseases of cattle communicable

Page 592

to man; therefore, the provisions of this Act shall apply in its entirety to the control and if possible, the eradication of anthrax and Bang Disease control as well as to the eradication of bovine tuberculosis. Appropriation for eradication of diseases. An hrax and Bang Disease. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed; and that, public welfare requiring it, this Act take effect from and after its passage. Approved March 22, 1937. CHARGE TO JURY; EXCEPTIONS TO ERRORS. No. 7. An Act to regulate procedure in the Superior Courts; to prescribe rules for excepting to the charge of the court or the failure to charge; to provide for granting new trials on account of erroneous charges to the jury; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In any court of record in this State, a new trial may be granted when the presiding judge may deliver an erroneous charge to the jury against the applicant on a material point, or refuse to give a pertinent legal charge in the language requested, when the charge so requested shall be submitted in writing. New trial for error. Section 2. The applicant for a new trial may except to the charge of the court or the failure of the court to charge, and assign error thereon, in his original motion for a new trial, or in an amendment thereto, offered as now provided by law; and it shall not be necessary to call the attention of the trial judge to any error in the charge, or exception to the charge, or to any failure to charge, before the jury renders its verdict. Exception in motion for new trial.

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Section 3. Any rule or rules heretofore or hereafter adopted by the judges of the Superior Courts, or by any other court, which may require exceptions to the charge of the court, or any failure to charge, to be called to the attention of the trial judge before the jury renders its verdict, or which may be in contravention of this Act, are hereby declared to be null and void and of no effect. Judges' rules declared void. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1937. CHARITABLE TRUSTS REGULATED. No. 50. An Act to regulate charitable trusts created by will, gift, deed, or otherwise; and to empower executors or trustees duly authorized thereunto to select specific charitable objects where none is specified or, if thereunto duly authorized, to select other charitable objects in addition to, or in lieu of, those named in the instrument creating the trust; to declare donations, bequests or devises to the United States, any State or any subdivision thereof, for any public purpose, to be charitable; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That any person may, by will, grant, gift, deed or other instrument, give, grant, devise or bequeath property, real or personal, or both, to any trustee or trustees and may provide in such instrument that such properties so given, granted, devised or bequeathed, or any part thereof, shall be held in trust and the income or principal applied, in whole or part, for any charitable purpose. No donor or testator shall be required to designate in such will, deed or

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other instrument the particular purpose or class of purposes for which such property shall be used or such income applied. Any such gift, grant, devise or bequest shall be valid and operative, provided the donor or testator shall give to the trustee or trustees thereof, or to any other person or persons, the power to select, from time to time and in such manner as the donor or testator may direct, if such direction be given, the charitable purpose or purposes to which the property or income of such trust shall be applied; and no such gift, grant, devise or bequest, accompanied by such power of selection, shall be void because of uncertainty or indefiniteness. Valid instrument. Designation not required. Power to trustee. No avoidance for uncertainty. Section 2. Be it further enacted, That all gifts to the United States or to any State or to any subdivision thereof for any public purpose, shall be charitable. Gifts to U. S. Section 3. Be it further enacted, That this Act shall affect and apply to all instruments created by will, deed or otherwise which may come into effect after the approval of this Act, and that the same shall be applicable to any such instrument now in effect if the instrument contains the power in the trustee or trustees or other persons to designate the kind of charity to which the gift, grant, devise, or bequest shall be applied. Applicability of this Act. Section 4. Be it further enacted, That all laws or parts thereof in conflict herewith are hereby repealed. Approved February 22, 1937. CIVIL SERVICE BOARD IN CITIES. No. 302. An Act to create a Civil Service Board in the cities in the State of Georgia, having a population in excess of 200,000 people; to provide a civil service system based upon examination and investigation as to merit, efficiency and

Page 595

fitness for appointment, employment and promotion of all officers and men appointed in said fire department in the respective cities; to regulate the transfer, reinstatement, suspension and discharge of said officers and firemen; 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, in all cities of this State having a population in excess of 200,000 people by the last or any future Federal census, there shall be a regulation of civil service covering all of the uniformed officers and firemen members of the Bureau of Fire Prevention, and the fire alarm and maintenance department and office force of the fire department of said cities excluding the chief of said department. Firemen civil-service regulations. Section 2. The Board of Fire Masters appointed by the mayor or other governing authority of such cities from the members of the general council thereof in office at the time of the passage of this Act, or their successors in office, shall constitute the Board of Fire Masters under this Act and shall have the powers, duties, and functions hereinafter prescribed. Board constituted. Section 3. The classified civil service provisions of this Act shall include all full paid employees as specified in Section 1 of this Act of the fire department of each town, city, municipality coming within its purview, except the chief of said department. Said Board of Fire Masters shall have authority to promulgate rules and regulations providing for eligibility and examination of all applicants for positions as firemen, fire alarm and maintenance employees and shall have authority over holding examinations relative to the mental and physical fitness of all applicants, and those applicants passing the examination, which is to be held by the board, shall be placed upon the eligible list. It shall be the duty of the said board to appoint those whose names

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appear on said eligible list in accordance with their ratings, rank and priority on said list. All promotions in said department shall be solely on merit, efficiency, and fitness which shall be determined by the recommendations of the chief of such fire department and confirmed by the Board of Fire Masters created hereunder. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this Act. Employees included. Eligible list. Promotions. Section 4. Immediately after the passage of this Act the board shall organize with the chairman of the Board of Fire Masters as chairman and hold regular meetings as may be required for the proper discharge of their duties. They shall appoint a secretary who shall keep the records of the board, preserve all reports made to it, keep a record of all examinations or other proceedings held under its direction, and perform such other duties as the board may prescribe. Organization. Records. Section 5. It shall be the duty of the board: (a) To make suitable rules and regulations not inconsistent with the provisions of this Act. Such rules and regulations shall provide in detail the manner in which the business of the board may be transacted and may also provide for any other matters connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of this Act. Such rules and regulations may be changed from time to time. The rules and regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free public distribution. Board's duties. Rules, etc. (b) All tests shall be practical, and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill. Tests.

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(c) The board shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this Act, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employment affected by this Act; and ascertain whether this act and all such rules and regulations are being obeyed. Such investigations may be made by the board or by any board member designated by the board for that purpose. Not only must those investigations be made by the board as aforesaid, but the board may make investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the board or designated board members shall have the power to administer oaths, subp[oelig]na and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation, and also to cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for like depositions in civil action in the Superior Courts of this State; and the oaths administered hereunder and the subp[oelig]nas issued hereunder shall have the same force and effect as the oaths administered by a circuit judge in his judicial capacity; and the failure upon the part of any persons so subp[oelig]naed to comply with the provisions of this section shall be deemed a vioation of this Act, and punishable as such. Investigations and reports. (d) All hearings and investigations before the board or designated board member shall be governed by this Act and by rules of practice and procedure to be adopted by the board, and in the conduct thereof neither the board nor designated board member shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the board, or designated board member, shall invalidate any

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order, decision, rule or regulation made, approved, or confirmed by the board; Provided, however, that no order, decision, rule or regulation made by any designated board member conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by a majority of the members of the board. Hearings. (e) To hear and determine appeals or complaints respecting the administrative work of the personnel of the department; appeals upon the allocation of position; and such other matters as may be referred to the board. Appeals. (f) To establish and maintain in card or other suitable form a register of officers and employees. Register. (g) To provide that men laid off because of curtailment of expenditures, reduction in force, and for like causes shall be the last man or men, including probationers, that have been appointed to said fire department, all recent appointees to said fire department, until such reductions necessary shall have been accomplished; further provide, That in the event the said fire department shall again be increased in numbers the said firemen suspended under the terms of this subsection of this Act shall be reinstated before any new appointments to said fire department shall be made. Suspension. Reinstatement. (h) To keep such records as may be necessary for the proper administration of this Act. Section 6. For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this Act, all persons coming under the provisions of this Act and holding a position in the fire department except the chief thereof, when this Act takes effect, are hereby declared appointed under civil service to the offices, places, positions or employments which they shall then hold, respectively, without examination or other act on their part; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office,

Page 599

place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. Persons declared appointed. Section 7. (a) An applicant for a position of any kind under civil service, must be a citizen of the United States of America and an elector of the county in which he resides, who can read and write the English language and must have been a resident of such city for at least one year. Applicant's qualifications. (b) An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the chief of the fire department may deem advisable. Section 8. No person shall be eligible to be appointed for lieutenant until he has served three years as a member of said department and no person shall be eligible for appointment for captain until he has served three years as a lieutenant in said department, and no person shall be eligible for appointment as assistant chief until he has served three years as captain in the said department and no person shall be eligible for chief until he shall have served ten (10) years in said fire department. Eligibility. Section 9. Members of said fire department shall receive full pay for time lost while sick for thirty (30) days of continuous sickness, any further pay allowance for said sickness shall be subject to the approval of the Board of Fire Masters. Pay while sick. Section 10. The tenure of every one holding an office, place, position or employment under the provisions of this Act shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted,

Page 600

or reduced in rank, or deprived of vacation privileges or such other special privileges for any of the following reasons: Tenure. Reasons for removal. (a) Incompetency, inefficiency or inattention to or dereliction of duty. (b) Dishonesty, intemperance, immoral conduct, insubordination. Discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employee to properly conduct himself, or any wilful violation of the provisions of this Act or the rules and regulations to be adopted hereunder. (c) Mental or physical unfitness for the position which the employee holds. (d) Dishonesty, disgraceful, immoral or prejudicial conduct. (e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit-forming drugs, liquid or preparation to such extent that the use thereof will interfere with the efficiency of mental or physical fitness of the employee, of which precludes the employee from properly performing the functions and duties of any position under civil service. (f) Conviction of a felony, or a misdemeanor, involving moral turpitude. (g) Any other act or failure to act which in the judgment of the Board of Fire Masters is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (h) No employee shall be discriminated against for the exercise of his constitutional rights in connection with his employment. No discrimination. Section 11. No person in the classified civil service who shall have been permanently appointed or inducted into civil

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service under provisions of this Act, shall be removed, suspended, demoted or discharged except for cause, and only upon the written accusation of the chief of the fire department or a member of the Board of Fire Masters or any citizen or taxpayer, a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the board. The chief of the fire department may suspend a member pending the confirmation of the suspension by the Board of Fire Masters. Any person so removed, suspended, demoted or discharged may within ten days from the time of his removal, suspension, demotion, or discharge, file with the board a written demand for an investigation, whereupon the board shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political, personal or religious reasons and was or was not made in good faith for cause. After such investigation the board may, if in its estimation the evidence is conclusive, affirm the removal, or if it shall find that the removal, suspension, or demotion was made for political, personal or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment of such person in the office, place, position, or employment of such person in the office, place, position, or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the board so provides in its discretion, be retroactive, and entitled such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The board upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge, may modify the order of removal, suspension, demotion or discharge by directing suspension, without pay, for a given period and subsequent restoration or duty, or demotion in classification, grade, or pay; the findings of the board will be certified, in writing to the chief

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of the fire department and shall be forthwith enforced by such officer. Investigation and hearing before removal. All investigations made by the board pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel and presenting his defense. If such judgment or order be concurred in by the board or a majority thereof their action is final. Public hearing. Section 12. It shall be the duty of all officers and employees of any such city to aid in all proper ways of carrying out the provisions of this Act, and such rules and regulations as may, from time to time, be prescribed by the board thereunder and to afford the board, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employments, subject to civil service and also, to produce said books, papers, documents, accounts, and attend and testify, whenever required so to do by the board or any board member. Aid in enforcing this Act. Section 13. Leave of absence, without pay, may be granted by the chief of the fire department to any person under civil service; Provided, that such chief of the fire department shall give notice of such leave to the Board of Fire Masters. All temporary employment caused by leaves of absence shall be made in the same manner as other appointments to such fire department. Absence. Section 14. It shall be the duty of the board to begin and conduct all civil suits which may be necessary for the proper enforcement of this Act and of the rules of the board. The board shall be represented in such suits by the regular city attorney, of such city, but such board may in any case be represented by special counsel appointed by it. Suits.

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Section 15. No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any maner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or with-holding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. No political contribution or service. Section 16. The various cities affected by the provisions of this Act, shall, immediately upon the taking thereof, enact appropriate legislation for carrying this Act into effect, and the failure upon the party of the duly constituted authorities of any such city so to do shall be considered a violation of this Act and be punishable as such. Effective legislation. Section 17. The duly constituted authorities of each and every city coming within the purview of this Act, shall provide the board with suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted and supplied with all office supplies, with equipment necessary to carry on the business of the board and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such city coming within the purview of this Act; and the failure upon the part of the duly constituted authorities to do so, shall be considered a violation of this Act and shall be punishable as such. Rooms and equipment. Section 18. It shall be the duty of each board appointed subject to the provisions of this Act, to immediately organize and see to it that the provisions thereof are carried into effect, and to the end to make suitable rules and regulations

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not inconsistent with the purposes of this Act, for the purpose of carrying the provisions thereof into effect; and the failure upon the part of said board or any individual member thereof to do so, shall be deemed a violation of this Act, and shall be punishable as such. Duty to organize. Section 19. Any person who shall wilfully violate any of the provisions of this Act shall be deemed guilty of a misdemeanor. Violation a misdemeanor. Section 20. As used in this Act, the following mentioned terms shall have the following described meaning: Meaning of words. The term board means the Board of Fire Masters appointed by the mayors in such cities affected by this act. The term board member means any member of the Board of Fire Masters so appointed. The term appointment includes all means of selection, appointment or employing any person to hold any office, place, position or employment subject to civil service. The term city includes all cities, towns, and municipalities in the State having a population in excess of 200,000 according to the last or any future Federal census. Section 21. If any section, subsection, subdivision, sentence, clause, or phrase of this Act shall for any reason be held to be unconstitutional, such decisions shall not affect the validity of the remaining portions of this Act. Constitutionality. Section 22. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed in so far as they conflict with the provisions of this Act. Approved March 23, 1937. CLERK OF SUPERIOR COURT, SALARY FOR. No. 223. An Act to provide a salary in lieu of the fee system for the clerk of the Superior Court and other courts served by

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the clerk of the Superior Court in counties of twenty-six thousand two hundred twenty-five (26,225) to twenty-six thousand five hundred fifty (26,550) inhabitants, inclusive, according to the United States Census of 1930 or any subsequent United States Census, to make provisions regulating the carrying out of said change; to regulate the disposition of costs; to provide when this Act shall become effective; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That in all counties of this State having a population of twenty-six thousand two hundred twenty-five (26,225) to twenty-six thousand five hundred fifty (26,550) inhabitants, inclusive, according to the United States Census of 1930 or according to any subsequent United States Census, the fee system of compensating the clerk of the Superior Court for all of his services as such clerk, and as clerk of any other court of this State in said counties, is hereby abolished; and the said clerk shall hereafter be paid a salary as herein provided, in lieu of all fees paid said clerk under the fee system. Salary instead of fees in certain counties. Section 2. The salary of the clerk of the Superior Court (whether he be ex-officio clerk of other courts or not), in all such counties as are described in Section 1 of this Act, is hereby fixed at the sum of five thousand ($5,000) dollars per annum; and out of which salary the clerk of said Superior Court shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office; and the salary of his chief deputy clerk or first assistant shall not be less than one hundred ($100.00) dollars per month; and the salary of his second assistant, should he need one, shall not be less than sixty ($60.00) dollars per month. The county board of commissioners of roads and revenues of each of said counties, if there be such,

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(whether that body shall consist of one or more commissioners), or if there be no such board, then by the ordinary or other county authority of each of said counties having charge of the roads and revenues of said county, shall pay the salary so fixed to the clerk upon the warrants drawn upon the funds of said county. Salary of clerk, including help. Payment by county warrant. Section 3. The said clerk shall pay out of his salary so fixed, the compensation of any deputy or other assistants which said clerk may from time to time employ. Section 4. After the salary of said clerk becomes effective, there shall be paid out of the county treasury, upon warrants issued monthly by the said county board of commissioners or ordinary or other said county authority, as the case may be, monthly proportions of said salary to said clerk, upon the clerk's fully complying with the provisions of this Act. Monthly payments. Section 5. The said clerk may from time to time requisition the said county board or ordinary or other said county authority, as the case may be, for all supplies needed in his office, and the said county board or ordinary or other said county authority shall issue warrants directing that all necessary supplies for said office be paid out of the funds of the county treasury. Supplies. Section 6. All fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind, which shall accrue after this Act goes into effect, and are now or may hereafter be allowed by law or by any court order to be received or collected as compensation for all services by said clerk as such, shall be received and collected by said clerk for the sole use of the county, or, if collected for services to the State of Georgia, for the sole use of the State of Georgia, and shall be held as public moneys belonging to said county or State, as the case may be, and on the first day of each month, or on the second day of each month, when the first day falls on a

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Sunday, paid to the said county or State Treasury, as the case may be, with an itemized statement verified by the said clerk, showing such collection and the source from which collected, which said statements shall be kept as permanent records of said county or State. Costs and fees to treasury. Section 7. All fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites, and all other emoluments of whatever kind, whether accured or unaccrued in entirety or in part, in all suits, criminal prosecutions, and other cases and matters pending and undisposed of in said courts when the salary provided in this Act becomes effective, shall be collected by said clerk for the sole use of the county, or if collected for services to the State of Georgia for the sole use of the State, and shall be accounted for and paid over to the county or the State, as the case may be. Collection and account of costs and fees. Section 8. Said clerk shall keep full and regular accounts in accordance with the regulations established by said county board or ordinary or other county authority, as the case may be, subject at all times to be examined by any citizen, asking the privilege to do so, of all items charged and collected by said clerk on account of fines, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites and all other emoluments of whatever kind, and said account shall be part of the records of said office of said clerk and shall belong to the county and shall be transmitted by said clerk to his successor in office. Accounts and records. Section 9. Said clerk shall perform all the duties heretofore or hereafter required of him as such by law or the lawful order of any court, except as herein otherwise provided, and shall diligently attend to the collection of all fees, costs, percentages, forfeitures of bonds, penalties, allowances, perquisites and all other emoluments of whatever kind, without reducing, abating, or remitting any of the same, unless the same be allowed as provided by law. Duties of clerk.

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Section 10. Said clerk herein named, his deputy and assistants wilfully violating any provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed as in Section 1065 of the Code of 1910. Violation a misdemeanor. Section 11. That this Act shall take effect on January 1, 1941. Section 12. Should any section of this Act or part thereof be declared unconstitutional by any court of competent jurisdiction, all other sections of this Act or parts thereof shall nevertheless be of full force and effect. Constitutionality. Section 13. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 20, 1937. COMPTROLLER-GENERAL AND TREASURERSUBSTITUTE IF INCAPACITATED. No. 395. An Act to provide for the designation of persons to act in lieu of the Comptroller-General and the State Treasurer in cases where they respectively, by reason of sickness or other providential cause, become unable to perform the duties of their respective offices; to authorize the Governor, upon trustworthy information received, to call a council to be composed of himself, the Secretary of State and the Attorney-General, and to authorize said council, or a majority of them, to investigate reports with reference to the incapacity of the Comptroller-General or State Treasurer by reason of sickness and if said council or a majority thereof finds said report to be true to authorize the Governor, in case of incapacity of the Comptroller-General, to designate the chief clerk or other clerk then serving in the office of the Comptroller-General to

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perform the duties of the Comptroller-General, and in case of incapacity of the State Treasurer to designate the Assistant Treasurer then serving to perform the duties of the State Treasurer; to provide that all acts done by the persons so designated by the Governor shall be legal and valid in all respects as if done by the Comptroller-General or the State Treasurer, as the case may be; to provide that said council composed of the Governor, Secretary of State and Attorney-General or a majority thereof shall be authorized after investigation to declare that any incapacity on the part of either of said officers has come to an end; to provide that the person designated to perform the duties of the Comptroller-General shall give bond in the penal sum of $5,000.00 for the faithful performance of his duties and that the person appointed to perform the duties of the State Treasurer shall give bond in the penal sum of $20,000.00 for the faithful discharge of his duties, the said bonds respectively to be conditioned and payable in the same manner as bonds now required by law to be given by the Comptroller-General and the State Treasurer respectively; to provide that the Comptroller-General or the State Treasurer, as the case may be, during the period of any incapacity declared by the council shall be entitled to the salary of such officers respectively as now provided by law; 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. Whenever the Governor receives information, deemed by him to be reliable, that the Comptroller-General or State Treasurer is by reason of sickness or other providential cause unable to perform the duties of his office, he shall call a council to be composed of himself, the Secretary of State and the Attorney-General, and if such council, or a majority thereof, after investigation and examination into the truth of such report, shall, in writing

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duly signed, find that such officer is incapacitated to perform the duties of his office, the Governor, in case of incapacity of the Comptroller-General, shall designate the chief clerk, or other clerk then serving in the office of the Comptroller-General to perform the duties of the Comptroller-General during his incapacity and the Governor, in case of incapacity of the State Treasurer, shall designate the Assistant Treasurer then serving in the office of the State Treasurer to perform the duties of the State Treasurer during the incapacity. The person so designated to perform the duties of the Comptroller-General shall give bond with good security in the penal sum of five thousand ($5,000.00) payable, conditioned, and to be approved in the same manner as the bond required by law to be given by the Comptroller-General and the person so designated to perform the duties of the State Treasurer shall give bond with good security in the penal sum of twenty thousand ($20,000.00) dollars payable, conditioned and to be approved in the same manner as required by law for the bond of the State Treasurer. The person designated to perform the duties of the Comptroller-General or State Treasurer, as the case may be, shall not receive any compensation in addition to that he was, or is, receiving as clerk or assistant treasurer, but any expense incurred in furnishing the bond required by this Act shall be borne by the State. When the person designated under authority of this Act shall have given bond as herein required and said bond has been approved as herein required, he shall be authorized to do everything, perform every act, and exercise every prerogative or discretion that the Comptroller-General or the State Treasurer, as the case may be, might do, perform or exercise under existing law in the absence of his incapacity. Council to investigate incapacity. Governor's designation of clerk. Bond. No added pay. Section 2. Whenever it shall be made to appear to the council to be composed of the Governor, the Secretary of State and the Attorney-General, as provided in this Act, or a majority thereof, that the incapacity of the Comptroller-General

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or the State Treasurer, as the case may be, has been overcome and removed, a finding in writing to that effect shall be made and filed in the Governor's office and thereupon the authority of the person designated to act for the Comptroller-General or the State Treasurer, as the case may be, shall come to an end and the Comptroller-General or the State Treasurer, as the case may be, shall thereafter assume and perform the duties of his office. During the period of the incapacity of the Comptroller-General or the State Treasurer, as the case may be, the salaries due as provided by existing law shall continue to be paid. Removal of incapacity. Resumption of duties. Salaries. Section 3. 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 29, 1937. CORONER'S JURY AND STENOGRAPHER. No. 292. An Act to require the coroner in all counties of this State having a population by the official census of the United States of 1930, and by any future census of the United States, of not less than 75,000 and not more than 100,000 inhabitants, to select as one of the jurors, for every inquest to be held by him, a competent stenographer, who shall be secretary of the coroner's jury; to provide for the compensation of the secretary of the coroner's jury in counties to which this Act applies; to prescribe the duties of the secretary of the coroner's jury in these counties; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by the authority of the same, That from and after the passage of

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this Act, the coroner in every county in this State, having a population by the official census of the United States of the year 1930, and by any future census, of from 75,000 to 100,000 inhabitants in impaneling a jury for the purpose of holding an inquest, shall be, and, hereby is, required to select as one of the members of said jury, a competent stenographer, who shall be secretary of said coroner's jury. It shall be the duty of said secretary to carefully and correctly take down in shorthand the evidence of every witness appearing at said inquest, and to transcribe the same in typewriting, and to file a copy of said evidence, after the same has been approved by the coroner as correct, with the clerk of the Superior Court of the county within which such inquest was held. For this service the secretary of the coroner's jury shall receive his regular pay as a member of the coroner's jury as now prescribed by law, and, in addition thereto, shall in every instance, be paid the sum of $3.00 for each inquest which he attends and in connection with which he records and transcribes the evidence as herein prescribed, the said sum of $3.00 to be paid out of the county treasury on the order of the Board of County Commissioners or other fiscal authority of said county. Juror stenographer to write evidence. Pay for service. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, That all laws and parts of laws in conflict with this Act, be, and the same hereby are, repealed. Approved March 23, 1937. COUNTY BOARD OF PUBLIC WELFARE. No. 225. An Act to repeal an Act approved March 20, 1935, entitled, 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

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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 control of its pauper, hospitalization 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 hereby enacted by the authority of the same that the Act of General Assembly of Georgia approved March 20, 1935 (Ga. Laws 1935, page 486), entitled 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

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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 control of its pauper, hospitalization 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 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 and the same is hereby repealed. Act of 1935 repealed. Approved March 17, 1937. COUNTY OFFICERS' SALARIESAMENDING ACT. No. 237. An Act to amend 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, up-keep, and repair of the same; to provide for the necessary office expenses of such officers; to provide that no county official, deputy, assistant, or members of the Board

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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, approved February 26, 1935, by striking the figures and words, $110.00 per month in the sixth line of said section, and inserting in lieu thereof the figures and words, $135.00 per month, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act, the Act approved February 26, 1935 (Ga. Laws 1935, 353-361), relating to county officers' salaries instead of fees in certain counties in Georgia, be, and the same is hereby amended by striking the figures and words, $110.00 per month in the sixth line of Section 8 of said Act, and inserting in lieu thereof the following figures and words, $135.00 per month, so that said section as amended shall read as follows: 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: Act of 1935 amended. Salary increase. One clerk, at $135.00 per month One clerk, at $135.00 per month

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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. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1937. COUNTY OFFICERS' SALARIESFEES. No. 187. An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the Superior Court, the ordinary, the sheriff, and the tax-commissioner; to make provisions regulating the carrying out of said change; to regulate the distribution of cost; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. This Act shall apply throughout the State and to all counties in the State of Georgia having by the United States census of 1930 a population of not less than 6,895 nor more than 6,900. Limit of application. Section 2. In all counties in this State described in Section 1 of this Act the fee system for compensating the officers herein named shall be abolished and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the present system. Salaries instead of fees. Section 3. The salaries, in all such counties as are described in Section 1 of this Act, of the clerk of the Superior Court, the ordinary, the sheriff, and the tax-commissioner, shall be fixed the first Tuesday in the first month after the passage of this Act for the year 1937, and thereafter within

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30 days before the first day of January in each year, by the commissioners of roads and revenues, or other county authorities having charge of the revenues and roads of such counties, but the salary of the clerk of the Superior Court and of the tax-commissioner shall be in a sum of not less than $1,800.00 nor more than $2,000.00 per annum, and it shall be the duty of the clerk of the Superior Court to be clerk of the county commissioners. The salary of the ordinary shall not be less than $750.00 nor more than $800.00 per annum, and the salary of the sheriff shall not be less than $1,600.00 nor more than $1,700.00 per annum, but a sheriff shall be allowed from $950.00 to $1,000.00 per annum, payable monthly, for maintenance and operation of an automobile in connection with his duties as sheriff, and may be allowed 5c additional per mile for use of such automobile when on business for the county outside of the county on trips that shall exceed twenty-five miles both ways in distance. A sheriff may be allowed not exceeding $350.00 per year for deputy sheriffs. All of the salaries herein provided for shall be paid monthly, and no salary shall be changed during any calendar year after having been fixed for that year. Said commissioners shall fix the salary of the county attorney at not less than $240.00 per annum and not more than $300.00 per annum, payable monthly. Fixing of salaries. Clerk and tax-commissioner. Ordinary. Sheriff. Automobile maintenance. Deputy sheriffs. Attorney. Section 4. It shall be lawful and proper for the treasurer of each of the counties described in Section 1 of this Act, out of county funds, on the first day of each month to pay out the monthly portion of such salaries and expenses to the ordinary, clerk of the Superior Court, the sheriff, and the tax-commissioner, if any, for the preceding month, and such officers shall serve for such salaries and without any further compensation whatever. Monthly payment. No further compensation. Section 5. All compensation or fees which are now received by law by any officer herein named for services rendered the State of Georgia, and which are paid to them by

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the State of Georgia, are hereby abolished and such services to the State shall be performed by said official, for the salaries paid out of the county treasury as herein provided. Pay by fees abolished. Section 6. All fees, costs, percentages, forfeitures, penalties, allowances, and all other prerequisites of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by any officer herein named, shall be received and collected by all of said officers, and each of them be for the sole use of the county, or if collected by the State for the sole use of the State, and shall be held as public moneys belonging to said county or State and accounted for and paid over to said county or state on the first day of each month, at which time a detailed, itemized statement shall be made by the officer, under oath, showing such collections, and the sources from which collected, and the county treasurer shall keep a separate account showing the sources from which said funds were paid; Provided however, that a sheriff shall be paid for boarding prisoners by the county in addition to his salary. Collection and payment of costs, fees, etc. Account. Board of prisoners. Section 7. The clerk, ordinary, sheriff and tax commissioner shall make a quarterly report to the commissioners of roads and revenues or other county authorities having charge of the revenues and roads of such counties as come under the terms of this Act, setting out all collected, uncollected, and due fees, costs, percentages, forfeitures, penalties, allowances, or other prerequisites of whatever kind which are now or may hereafter be allowed by law. Quarterly reports. Section 8. This Act shall take effect upon its passage and approval by the Governor. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1937.

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COUNTY OFFICERS' SALARIES, HOW FIXED. No. 429. An Act to amend an Act approved August 13, 1924, as contained in the published Acts of 1924, pages 90 to 97 inclusive, which Act changed from the fee to the salary system in certain counties in Georgia the clerk of the Superior Court (whether he be clerk of the Superior Court only or ex-officio clerk of other courts), the sheriff, the ordinary, the tax collector, and the tax receiver, and Acts amendatory thereof, so as to provide that the salaries of said officials shall be fixed upon an annual basis for either a calendar or fiscal 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 approved August 13, 1924, as contained in the published Acts of 1924, pages 90 to 97 inclusive, changing from the fee to the salary system in certain counties in Georgia the clerk of the Superior Court (whether he be clerk of the Superior Court only or ex-officio clerk of other courts), the sheriff, the ordinary, the tax collector, and the tax receiver, and Acts amendatory thereof, be, and the same is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof another section to be known as Section 3, which shall read as follows: Section 3. The salaries, in all counties having a population of not less than 77,000 and not more than 78,000 by the U. S. census of 1930 or any other future census, of the clerk of the Superior Court (whether he be ex-officio clerk of other courts or not), the sheriff, the ordinary, the tax collector, and the tax receiver, shall be fixed annually at least ninety days before the 1st of January (beginning with January, 1926), by the commissioners of roads and revenues, if there be such (whether the body shall consist of one or several commissioners), or, in event that there

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are no such commissioners, the ordinary or other county authorities having charge of the roads and revenues of such counties, and such salaries shall be fixed annually thereafter: Provided, that in any county to which this Act shall apply having or operating upon a fiscal year basis, the salaries of said officials, as well as of their assistants or deputies, as provided in other sections of this Act, may be fixed annually upon the basis of the fiscal year used by said county, in which event the schedule of salaries provided for in this Act shall be submitted to and approved by the grand jury convening next before the beginning of such fiscal year. Calender or fiscal year basis. Grand jury approval. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 30, 1937. COUNTY TREASURY, OFFICERS' PAYMENTS TO. No. 58. An Act to amend an Act approved August 27, 1925 (Georgia Laws 1925, page 159), amending an Act approved August 13, 1924 (Georgia Laws 1924, page 87), changing the officers therein named from the fee to the salary system in counties of over 200,000 population; so as to provide that the officers referred to in said Act shall collect and pay into the county treasury all commissions, fees, and compensation now or hereafter prescribed by law for the collection of corporation, occupation, and other special taxes, and by striking from said Act the provisions of that part of Section 1 thereof which requires said officers to make other disposition of said commissions, fees, 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 the Act approved August 27, 1925 (Georgia Laws 1925, page 159), amending an Act approved August 13, 1924 (Georgia Laws 1924, page 87), which Act changed certain county officers therein named from a fee to a salary system in counties of over 200,000 be and the same is hereby amended by striking out that portion of Section 1 of said amendatory Act of 1925 providing as follows: Provided, however, commissions now or hereafter allowed by law for the collection of corporation, occupation and other special taxes, shall be collected by the officers aforesaid for the use of the State and held as public moneys belonging to the State and shall be remitted by the officers collecting to the State in the same manner and at the same time taxes are remitted and none of said commissions shall be turned into the county treasury, and by inserting in lieu thereof the following provision: All commissions now or hereafter allowed by law for the collection of corporation, occupation, and other special taxes, shall be collected by the officers aforesaid for the use of the county and held as public moneys belonging to the county, and shall be turned into the county treasury by the officers collecting same, when they turn other tax money into the county treasury, collected by them, so that said section as amended shall read as follows: Act of 1925 amended. That all fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by any officer herein named, shall be received and collected by all of said officers and each of them, for the sale use of the county in which they are collected and shall be held as public moneys belonging to said county, and accounted for and paid over to said county on the first day of each month, at which time a detailed itemized statement shall be made by the officer,

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under oath, showing such collections and the sources from which collected, and the county treasurer shall keep a separate account showing the sources from which said funds were paid. Provided, however, that, All commissions now or hereafter allowed by law for the collection of corporation, occupation and other special taxes, shall be collected by the officers aforesaid for the use of the county and held as public moneys belonging to the county and shall be turned into the county treasury by the officers collecting same when they turn other tax money into the county treasury, collected by them. Collections and payments to treasury. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved February 25, 1937. CRABS, TAX ON SALES OF. No. 304. An Act to amend Section 17 of the Act approved August 8, 1924 (Georgia Laws 1924, pages 101, 109), relating to game and fish, and creating a State Board, a State Commissioner, a Tidewater Commissioner, Wardens, etc., by imposing a tax on crabs similar to the tax on shrimps or prawn; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That on and after the passage of this Act, Section 17 of the Act approved August 8, 1924 (Georgia Laws 1924, pages 101, 109), which Act relates to game and fish, and creates a State Board, a State Commissioner, a Tidewater Commissioner, Wardens, etc., is hereby amended by adding to said section, and after the word prawn in the tenth line thereof the words and crabs, and by adding the words or crabs after the word [Illegible Text] in the

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thirteenth line thereof, so that said section as amended shall read as follows: Act of 1924 amended. Section 17. Be it further enacted, that all distributors or dealers (including manufacturers who are distributors or dealers) who sell oysters in this State (except those importing and selling the same in the original package in which brought into the State (shall pay thereon an occupation tax as follows: one cent on each sixty ounces of canned oysters; two (2) cents on each gallon of raw shucked oysters; five (5) cents upon each bushel of oysters sold in the shell, and, in addition to the foregoing taxes, a tax of one-sixteenth (1/16) of a cent is hereby imposed upon every pound of shrimps or prawn caught or taken from the waters of this State for sale; in addition to the foregoing a tax of one-eighth of one cent is hereby imposed upon every pound of crabs caught or taken from the waters of this State for sale; Provided that nothing in this Act shall be construed to place a tax upon or prohibit the sale of oysters or shrimps or crabs for local consumption by peddlers or hucksters who sell direct to the consumer; Provided that no one person shall take or remove from the public beds of this State more than ten (10) bushels of oysters in any one day for such purpose. Each package containing oysters canned in this State, or raw shucked oysters, or oysters in the shell, gathered in this State shall be stamped by the manufacturer or dealer, or distributor, with quantity of oysters contained in each can, barrel or other package in which the same are offered for sale within the State or shipped. Each distributor or dealer, including the manufacturers who are distributors or dealers, shall place stamps in the amount necessary upon each of said packages, to comply with the requirements of the payment of the occupation taxes hereinbefore set out. Taxes. Exemptions. Restrictions.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1937. DANCE-HALLS, ETC., COUNTY PERMIT; TAX. No. 386. An Act to provide that no person, firm, or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling arena or amusement place, tourist-camps and barbecue-stands, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 3,000 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; to confer authority on the commissioners of roads and revenues or other authority in charge of county matters, to grant or refuse such permission, or to grant or refuse the same for such time or under such regulations as they may deem proper for the public good; to levy a license or occupational tax on same; to provide punishment for violation of this Act, and to provide for the abatement of any such establishment maintained or operated without the permission of the county authorities; 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, no person, firm or corporation shall establish, maintain, or operate any public dance-hall, boxing or wrestling arena or amusement place, tourist-camps and barbecue stands, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of 3,000 or more, according to the last or any future Federal census,

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without first obtaining the permission of the commissioners of roads and revenues or other authority in charge of such counties. County permit required. Section 2. Such commissioners of roads and revenues 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 regulations as they may deem proper for the public good. Such commissioner of roads and revenue or other authority in charge of said counties shall have authority to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act. Authority of commissioners. Section 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. Penal violation. Section 4. 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 29, 1937. DANCE HALLS, ETC.; COUNTY PERMIT; TAX. No. 430. An Act to provide that no person, firm or corporation shall establish, maintain or operate any public dance hall, swimming pool, tourist camp, barbecue stand, boxing or wrestling arena or amusement place, for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of more than 57,000 according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenue or other authority in

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charge of such counties; to confer authority on the Commissioners of Roads and Revenue or other authority in charge of county matters, to grant, renew or refuse such permission, or to grant or refuse the same for such time or under such regulations as they may deem proper for the public good; to confer authority on the county commissioners or other authority in charge of county matters to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act: To provide punishment for violation of this Act, and to provide for the abatement of any such establishment maintained or operated without the permission of the county authority 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, no person, firm or corporation shall establish, maintain, or operate any public dance hall, swimming pool, tourist camp, barbecue stand, boxing or wrestling arena or amusement place for money or profit outside the limits of incorporated towns or cities in any county in this State having a population of more than 57,000 according to the last or any future Federal census, without first obtaining the permission of the Commissioners of Roads and Revenue or other authority in charge of such counties. County permit. Section 2. Such Commissioners of Roads and Revenue or other authority in charge of said counties shall have authority to grant, renew or refuse such permission, or to grant or renew the same for such time and under such regulations as they may deem proper for the public good. Such Commissioners of Roads and Revenue or other authority in charge of said counties shall have authority to levy a license or occupational tax on such persons, firms or corporations included within the provisions of this Act. Authority of commissioners.

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Section 3. Any person, firm or corporation establishing, maintaining, or operating any such establishment as herein set forth without securing the said permission, shall be guilty of a misdemeanor and such establishment shall be subject to be abated as a nuisance. Penal violation. Section 4. 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 30, 1937. DENTISTRY PRACTICE ACT AMENDED No. 15 An Act to amend an Act approved August 17, 1920, entitled Dentistry Practice Regulated, by striking Section 13 of said Act, and amending Section 13 by inserting in lieu thereof a new section to be known as Section 13. And further amending said Act by striking Section 16 thereof and inserting in lieu thereof a new section to be known as Section 16; Providing for revocation and suspension of licenses of dental practitioners, to provide for hearings before the Board of Dental Examiners, for appeal from decisions of the Board of Dental Examiners, to regulate solicitation of business, to provide for enforcement of said Act as amended, by allocating to the Board of Dental Examiners a portion of professional taxes paid by the dentists of Georgia and for other purposes. A. Be it enacted by the General Assembly of Georgia, That Section 13 of Acts approved August 17, 1920, on Page 138 of said Acts, be and same is hereby repealed and a new section inserted in lieu thereof to be known as Section 13 of Act approved August 17, 1920, as follows: Act of 1920 amended.

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Section 13. Be it further enacted by authority aforesaid, That the Board of Dental Examiners shall have power and authority and it shall be their duty to suspend for a period of not over 12 months, or to revoke the license of, any dentist in Georgia, if after a hearing by the Board of Dental Examiners he is found guilty by majority of the Board of any of the following acts: Revocation or suspension of license, causes for. (1) Of having been convicted of committing a misdemeanor or felony involving moral turpitude, in which case the record of conviction or a copy thereof, certified by the clerk of the court or judge in whose court the conviction occurred, shall be sufficient evidence of guilt. (1A) Either directly or indirectly practicing dentistry under a trade name or corporate name. Provided, however, that this section shall not be construed as amending or modifying the present law relating to clinics as set out in Section 84-722 of the Code of Georgia, 1933. (2) Of having cheated in examinations before the Board; or of lending, renting or selling a dental license or diploma. (3) Of gross inefficiency, or gross negligence or unprofessional dental conduct. Unprofessional dental conduct shall mean gross indecency, or gross uncleanliness, or habitual intemperance or addiction to drugs to such an extent as to make him unsafe to render dental services; or employing directly or indirectly any suspended or unlicensed dentist to perform dental operations; or soliciting dental business directly or indirectly, by himself or through an agent, by the use of cards, letters, circulars, publications, pictures, radio, displays or signs; Provided however, that a licensed dentist may display his personal name, title, profession, name of specialty to which he limits his practice, address, telephone number and office hours, but nothing more, on a professional type card, on the doors and windows of his office, in any publication, upon a usual type

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professional sign in front of his office entrance or building entrance, and on the office building directory; and, Provided further that a licensed dentist may advise the public of the recent opening of his office, or a change of address of his office, or an absence from or return to his office or practice, either by mail, or in the special notice column or similar column of any publication. B. Be it further enacted, That Section 16 of said Act of 1920 be stricken and new section known as Section 16 of Acts 1920 be inserted in lieu thereof as follows: Section 16. (1) Be it further enacted by the authority aforesaid That proceedings under this Act shall be taken by the Board of Dental Examiners from matters within its knowledge or upon accusation based upon information of another. Said accusation must be in writing and under oath verified by the person making the same. If by a member of the Board, he shall be disqualified from sitting in judgment at the hearing of said accusation. Upon receiving any such accusation, the Board shall serve notice of the time, place of the hearing and a copy of the charges upon the accused at least 30 days before the date of hearing. Accusation and hearing. (2) The Board for sufficient cause may postpone or continue said hearing from time to time in its discretion, or if after proper notice no appearance is made by the accused, it may enter judgment at the time of hearing as prescribed herein, either by suspending or revoking the license of accused. Both the Board and accused may have benefit of counsel. The Board shall have power to administer oaths, take depositions and compel attendance of witnesses as in civil cases by subp[oelig]na issued by secretary of the Board under seal of the Board and in the name of the people of Georgia. Procedure. Evidence. (3) A record of all hearings and judgments shall be kept by the Board and in event of suspension or revocation

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of license, the Board shall within 10 days transmit a certified copy of said judgment to the clerk of Superior Court of the county or counties in which the license of the licensee affected is recorded. In case of suspension or revocation of license by the Board the party affected shall have the right of certiorari to the Superior Court of the county of his residence as is provided by the laws of Georgia. Record. (4) Be it further enacted, That from and after the passage of this Act every person engaged in the practice of dentistry in Georgia shall register annually with the joint secretary of the several examining boards not later than March 1 each year, and shall pay to said joint secretary an annual registration fee of one ($1.00) dollar each. All funds derived from such fees shall be for the exclusive use of the Board of Dental Examiners of Georgia and its pro rata part of the expenses of the office of said joint secretary. Registration fee. (5) Be it further enacted by the General Assembly of Georgia, That the provisions of this Act are severable, and if any of its provisions are declared unconstitutional, the decision so holding shall not be construed as impairing or altering any other of its provisions. Constitutionality. Be it further enacted all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved February 9, 1937. DEPENDENT CHILDRENASSISTANCE. No. 63. An Act to promote the public welfare by providing aid to dependent children; to define the terms used herein; to define the eligibility for assistance to dependent children and the amount of assistance to be disbursed; to define the duties of the State Department of Public Welfare

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with reference to administering this Act; and the duties of the county departments herein; to provide regulations with reference to applications; investigation of applications; granting of assistance by county departments, and appeal to the State Department from any ruling of the county departments; to provide for periodic reconsideration and changes in amount of assistance; to provide regulations with reference to the removal of any beneficiary hereunder from one county to another; to provide for financial procedures and to authorize the General Assembly and counties to appropriate the necessary revenues for administering the Act and paying the benefits provided for herein; to provide for limitations of the Act; a short title therefor; the effective date; the repeal of the existing laws in conflict herewith; for a separability clause, 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. Definitions. As used in this Act: State Department means the State Department of Public Welfare created by the Welfare Organization Act of 1937. Words defined. County department means the county or district department of public welfare of each of the several counties in this State created by the 1937 Act. Dependent child means a needy child under the age of 16, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and whose relatives are not able to provide adequate care and support of such child without public assistance, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, or aunt, in a place of residence maintained by one or more of such relatives as his or their own home.

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Provided that in the event a child in this State is in a dependent condition and is under the custody, jurisdiction and control of a Juvenile Court of this State and has been placed in a private home by said court, such child shall be entitled to the benefits of this Act and shall be deemed a dependent child. Assistance means money payments with respect to a dependent child or children. Section 2. Eligibility for Assistance to Dependent Children. Assistance shall be granted under this Act to any dependent child who is living in a suitable family home meeting the standards of care and health fixed by the laws of this State and the rules and regulations of the State Department thereunder. Eligibility. Section 3. Amount of Assistance. The amount of assistance which shall be granted for any dependent child shall be determined by the county department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the State Department, and shall be sufficient, when added to all other income and support available to the child, to provide such child with a reasonable subsistence compatible with decency and health. Amount of Assistance. Section 4. Duties of State Department. The State Department shall: State Department's duties. (a) Supervise the administration of assistance to dependent children under this Act by the county departments; (b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this Act. All rules and regulations made by the State Department shall be binding on the counties and shall be complied with by the respective county departments;

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(c) Establish standards for personnel employed by the State and county departments in the administration of this Act and make necessary rules and regulations to maintain such standards; (d) Prescribe the form of and print and supply to the county department such forms as it may deem necessary and advisable; (e) Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance; (f) Publish an annual report and such interim reports as may be necessary. Section 5. Duties of the County Departments. The county departments shall: County Department's duties. (a) Administer the provisions of this Act in the respective counties subject to the rules and regulations prescribed by the State Department pursuant to the provisions of this Act; (b) Report to the State Department at such times and in such manner and form as the State Department may from time to time direct; (c) Submit to the County Commissioner or Board of Commissioners or the constituted fiscal or financial agent of the county, after approval by the State Department a budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this Act. Section 6. Application for Assistance. Application for assistance under this Act shall be made to the county department of the county in which the dependent child resides.

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The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the State Department. Such application shall be made by the person having custody of the dependent child and shall contain information as to the age and residence of the child and such other information as may be required by the rules and regulations of the State Department. One application may be made for several children of the same family if they reside with the same person. Applications. Section 7. Investigation of Applications. Whenever a county department receives a notification of the dependency of a child or an application for assistance, an investigation and record shall promptly be made of the circumstances in order to ascertain the dependency of the child and the facts supporting the application and in order to obtain such other information as may be required by the rules of the State Department. Investigation. The investigation shall include a visit to the home of the child and of the person who will have the custody of the child during the time assistance is granted. Nothing in this Act shall be construed as authorizing any State or county official, agent, or representative, in carrying out any of the provisions of this Act, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child. Visits. Section 8. Granting of Assistance. Upon the completion of such investigation the county department shall decide whether the child is eligible for assistance under the provisions of this Act, and determine in accordance with the rules and regulations of the State Department the amount of such assistance and the date on which such assistance shall begin. The county department shall notify the applicant of its decision. Such assistance shall be paid monthly upon order of the county department from funds allocated to the county department for this purpose. Grant of monthly payment.

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Section 9. Appeal to the State Department. If an application is not acted upon by the county department within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of assistance is modified or canceled under any provision of this Act, the applicant or recipient may appeal to the State Department in the manner and form prescribed by the State Department. The State Department shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing. The State Department may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. The State Department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted as in its opinion is justified and in conformity with the provisions of this Act. Applicants or recipients affected by such decisions of the State Department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the State Department. Appeals. Hearing. Further investigation. All decisions of the State Department shall be final and shall be binding upon the county involved and shall be complied with by the county department. All hearing as provided for in this section shall be held in the county in which the applicant or recipient resides. Decisions. Section 10. Periodic Reconsideration and Changes In Amount of Assistance. All assistance grants made under this Act shall be reconsidered by the county department as frequently as may be required by the rules of the State Department. After such further investigation as the county department may deem necessary or the State Department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the State or county

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departments find that the child's circumstances have altered sufficiently to warrant such action. Changes. Section 11. Removal To Another County. Any child qualified for and receiving assistance pursuant to the provisions of this Act in any county in this State who moves or is taken to another county in this State shall be entitled with the approval of the State Department to receive assistance in the county to which he has moved or is taken and the county department of the county from which he has moved shall transfer all necessary records relating to the child to the county department of the county to which he has moved. The county from which the child moved shall pay the assistance for a period of two months. Removal of residence. Section 12. Financial Procedures. The County Commissioner or Board of Commissioners or the constituted fiscal or financial agent of the county in each county in the State shall appropriate annually a sufficient sum to pay 10% of the cost of administration in each respective county and the cost of paying the assistance and the benefits provided for under the terms of this Act, which said fund shall be paid to the county department of public welfare upon requisition by the director thereof. The county department shall keep such records and accounts in relation to assistance under this Act as the State Department shall prescribe. The State Department shall reimburse each county or district public welfare department to the extent of 90% of the amount expended for assistance and for administration pursuant to the provisions of this Act; Provided that such State Department shall cooperate with the Federal Social Security Board in obtaining for the purpose of administering the benefits of this Act, the Federal aid as provided for in the Federal Social Security Act. The Legislature is hereby authorized and empowered to appropriate from the General Fund of the State or otherwise, except funds specifically allocated by law for other purposes, a

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sufficient amount of money to provide for the administration of and the payment of the assistance and other benefits enumerated and provided for under the terms of this Act, after taking into consideration the Federal aid which is provided for by the Federal Social Security Act and the 10% of such total amounts necessary for the above purposes, which shall, under the terms of this Act be paid for by the respective counties of the State. Provided, however, nothing in this Act shall be construed as delegating, directly or indirectly, the power of taxation to the county or State Welfare Boards herein created, and all assessments of the 10% of the expenses of this work against the various counties shall be subject to the ability of the county to raise said amount by lawful and non-confiscatory taxes. Annual appropriation. Reimbursement. Legislative appropriation. Taxing power not delegated. Section 13. Limitations of Act. All assistance granted under this Act shall be deemed to be granted and to be held subject to the provisions of any amending or repealing Act that may hereafter be passed, and no person shall have any claim for compensations, or otherwise, by reason of a child's assistance being affected in any way by any amending or repealing Act. Amendment or repeal. Section 14. Short Title. This Act may be cited as the Aid to Dependent Children Act. Citation. Section 15. Effective Date. This Act shall take effect upon approval by the Governor of the State and upon adequate appropriations for the expenditures to be made as are provided for herein. Effective date. Section 16. Repeal of Existing Laws. All provision of law in conflict with this Act are hereby repealed. Section 17. Separability Clause. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and

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the application of such provision to other persons or circumstances shall not be affected thereby. Invalidity. Approved February 26, 1937. DIVORCE CASESPAYMENT OF FEES. No. 314. An Act to require the payment of fees of clerks and sheriffs of the Superior Court in divorce cases in all counties in the State of Georgia having a population according to the United States census of 1930 or any future census of not less than 22,778 and/or more than 22,970 persons. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That in all counties of said State having a population according to the United States census of 1930 or any future census of not less than 22,778 and/or more than 22,978 persons the fees of the clerks of the Superior Courts and the sheriffs of said courts in all divorce cases filed in said county shall be paid in the following manner: That the party filing said petition for divorce or alimony shall make an advance deposit of ten ($10.00) dollars before said clerk shall be authorized to file said petition, and that the party filing said petition be required by the presiding judge of said courts to pay all of the balance accrued cost due in said divorce cases before the court would be authorized to sign the decree in said case. Deposit before filing, in certain counties. Section 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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EGGS; MARKETING REGULATIONS. No. 125. An Act to amend an Act approved March 26, 1935 (Georgia Laws 1935, 364-367), providing marketing regulations for eggs, by classifying eggs, according to their fitness for human consumption, and their market value according to size and weight, and by providing rules and regulations for the enforcement of this Act, and the Act it amends, and for other purposes: Whereas, eggs are articles of food within the meaning of the food and drug law of this State, and it is necessary, for the proper protection of the public health, that the sale and handling of eggs be regulated under the said Act of March 26, 1935, and under Chapter 42-1 of the Georgia Code of 1933. Preamble. Therefore be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. From and after the passage of this Act, the Act approved March 26, 1935 (Georgia Laws 1935, 364-367) known as the Egg Marketing Regulations Act, be, and the same is hereby amended as follows: Act of 1935 amended. By striking the last five words in Paragraph (a), of Section (1), of said Act, and inserting in lieu thereof the following: For a period of 30 days or longer. By striking all of Paragraph (b), of Section (1), and renumbering the next section as Section (b). By striking the word Georgia in Paragraph (c) of Section (1). By adding additional paragraphs to further classify eggs as follows:

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(d) All processed eggs must be labelled and sold as such. Regulations. (e) All eggs sold or offered for sale by dealers, as designated under Section 1 of this Act, shall be graded as to net weight and standards of quality. Extra large eggs shall average not less than 27 ounces per dozen. No egg weighing less than 2 1/6 ounces shall be included in this weight class. Large eggs shall average not less than 24 ounces per dozen. No egg weighing less than 1 5/6 ounces shall be included in this weight class. (Or at rate of 22 ounces per dozen.) Medium eggs shall average not less than 20 ounces per dozen. No egg weighing less than 1 7/12 ounces shall be included in this weight class. (Or at rate of 19 ounces per dozen.) Small eggs shall average not less than 17 ounces per dozen. No egg weighing less than 1 1/4 ounces shall be included in this weight class. (Or at rate of 15 ounces per dozen.) (f) Grade Fancy (U. S. Special): Shell: Clean, sound, normal. Air Cell: One-eighth inch or less, and must be regular. Yolk: Indistinct outline, well centered, free from germ development. White: Firm, clear. Germ: No visible development. Grade A (U. S. Extra): Shell: Clean, sound, normal. Air Cell: Two-eights inch or less, regular, slightly tremulous.

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Yolk: Moderately defined, fairly well centered. White: Firm, clear. Germ: No visible development. Grade B (U. S. Standard): Shell: Clean, sound, slightly abnormal. Air Cell: Three-eights inch or less, may show movement not to exceed half inch. Yolk: Mobile and outlined well defined with slight defects. White: Reasonably firm, and clear. Germ: Development may be slightly visible. Grade C (U. S. Trade): Shell: Clean, sound, abnormal. Air Cell: May be over 3/8 inch, may show movement in excess of one-half inch. Yolk: May be plainly visible, freely mobile and cast dark shadow; may show other defects. White: May be weak and watery. Germ: Development may be clearly visible but no blood showing. (g) Quality Tolerances. Tolerance allowed when sold at retail. Not more than two eggs per dozen may be in next lower grade. When eggs are sold in wholesale lots not more than 10% tolerance is allowed. This tolerance applies to quality but not to size and weight. (h) Candling of Eggs. All of these classifications shall be determined by candling.

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Section 2. Be it further enacted by the authority aforesaid, That the said Act referred to be further amended by striking therefrom all of Sections 2 and 3 as contained therein. Further amendments. Section 3. Be it further enacted by the authority aforesaid, That Section 5 of the Act referred to be amended, and the same is hereby amended, by adding at the end thereof these additional provisions and paragraphs, as follows: At the time of packing and candling of each case of eggs dealers shall affix a label on one end of each case, and on this label shall be legibly printed or stamped the name of the State of origin; the date when eggs were packed and candled; the size and grade of eggs, and the name and address of the packer. Each case of eggs must have a twocent inspection fee stamp, and the stamp shall be canceled by writing or stamping the date the eggs were packed and the certificate number of the packer in the spaces provided on the stamp for same. Grade labels. Words or phrases tending to becloud or nullify the proper classification of eggs shall not be permitted. Each word of the classification, including the name of the State of origin, shall appear in the same size type and color in any printed advertisement. Abbreviations of any word in the classification or in designating the grade and standard to which eggs belong shall not be permitted. Every person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise, shall set forth in such advertisement the classification as to weight and quality of the eggs offered for sale. Such classification shall be set forth in letters equal in size to those advertising the eggs for sale. Words not permitted. Advertisements Classification. All eggs offered for sale at retail shall be properly classified in accordance with these regulations: A heavy cardboard or placard, not less than eight by eleven (8x11)

Page 643

inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight. The name of the State of origin of eggs shall appear on said placard. The eggs therein shall be required to come up to the standard as placarded. Restaurants, hotels or other eating places shall be required to display a placard where it can be easily seen by customers or in lieu thereof place this information on the menu. Quality and weight Display. Inspectors of the Department of Agriculture, upon determining that the provisions of this Act, or any one of them, or the rules and regulations promulgated for its enforcement are being violated may put Withhold From Sale Orders on all eggs being sold or offered for sale in violation of the provisions of this Act or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action. Eggs upon which Withhold From Sale Order has been issued shall not be sold or otherwise disposed of until such Withhold From Sale Order has been cancelled by the Commissioner of Agriculture or his duly authorized agents. And the cost of the inspection and release shall be paid by the offender. Inspectors. Sales not allowed. Section 4. Be it further enacted by the authority aforesaid, That Section 7 of the Act referred to be, and the same is hereby amended by adding thereto and at the end thereof the following provisions: Thirty pounds of frozen eggs or 10 pounds of powdered eggs shall be considered a case of eggs and carry a two-cent stamp. All retail dealers who buy bulk eggs from farmers or others on which inspection fee has not been paid shall keep an accurate record of such eggs sold at retail to the consumer and at the end of each month make a report to the Department of Agriculture stating the number of dozens so handled, and include with the report sufficient

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inspection fee stamps at the rate of one two-cent inspection fee stamp for each 30 dozen eggs handled. Stamps. Records. Reports. Section 5. All laws and parts of laws in conflict herewith are repealed. Approved March 8, 1937. ELECTRIC MEMBERSHIP CORPORATIONS. No. 503. An Act providing for the formation of cooperative non-profit membership corporations to be known as Electric Membership Corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services, to its members; Providing for the rights, powers and duties of such corporations, including their classification with regard to the jurisdiction of the Public Service Commission; authorizing and regulating the issuance of obligations by such corporations; Providing for the payments of such obligations and the rights of the holders thereof, the classifications of such obligations and the membership certificates of such corporations with respect to regulation; authorizing existing corporations organized for the same general purpose to re-incorporate hereunder, and validating certain acts, covenants, contracts, and obligations of such corporations; and for other purposes. Section 1. Short Title. Be it enacted by the General Assembly of Georgia, That this Act may be cited as the Electric Membership Corporation Act. [Illegible Text] Section 2. Definitions. Be it further enacted, That in this Act, unless the context otherwise requires: Words defined.

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(1) Corporation means a corporation organized pursuant to the provisions of this Act. (2) Board means a board of directors of a corporation organized under this Act. (3) Member means an incorporator of a corporation and each person thereafter lawfully admitted to membership therein. (4) Federal Agency includes the United States of America and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality of the United States of America heretofore or hereafter created. (5) Person includes any natural person, firm, association, corporation, business trust, partnership, Federal agency, State or political subdivision thereof or any body politic. (6) Acquire means and includes construct, acquire by purchase, lease, devise, gift, or other mode of acquisition. (7) Obligations includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a corporation. (8) Rural area means any area not included within the boundaries of any incorporated or unincorporated city, town, or village, having a population in excess of 1,500 inhabitants, according to the last Federal census, and includes both the farm and non-farm population. Section 3. Purpose. Be it further enacted, That cooperative, non-profit, membership corporations may be organized under this Act for the purpose of engaging in rural electrification by any one or more of the following methods: Organizations for rural electrification. Methods. (1) The furnishing of electric energy to persons in rural areas who are not receiving electric service from any

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corporation subject to the jurisdiction of the Georgia Public Service Commission, or from any municipal corporation. (2) Assisting in wiring of the premises of its members or the acquisition, supply, or installation of electrical or plumbing equipment therein. (3) The furnishing of electric energy, wiring facilities, electrical or plumbing equipment or services to any member corporation organized under this Act. Section 4. Powers of Corporation. Be it further enacted, That each corporation shall have power: Corporate powers. (1) To sue and be sued, complain and defend, in its corporate name. (2) To have succession for a period of 20 years with the privilege of renewal one or more times unless a shorter period of duration is stated in the petition or declaration as hereinafter provided. (3) To adopt a corporate seal which may be altered at pleasure, and to use it, or a facsimile thereof, as required by law. (4) To generate, manufacture, purchase, acquire and accumulate electric energy and to transmit, distribute, sell, furnish and dispose of such electric energy to its members, and to construct, erect, purchase, lease as lessee and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange and mortgage plants, buildings, works, machinery, supplies, equipment, apparatus, and transmission and distribution lines or systems necessary, convenient or useful. (5) To assist its members to wire their premises and install therein electrical and plumbing fixtures, machinery, supplies, apparatus and equipment of any and all kinds and character, and in connection therewith and for such purposes, to purchase, acquire, lease, sell, distribute, install

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and repair electrical and plumbing fixtures, machinery, supplies, apparatus and equipment of any and all kind and character and to receive, acquire, endorse, pledge, hypothecate and dispose of notes, bonds, and other evidences of indebtedness. (6) To furnish to member corporations organized under this Act, electric energy, wiring facilities, electrical and plumbing equipment and services convenient or useful. (7) To acquire, own, hold, use, exercise and, to the extent permitted by law, to sell, mortgage, pledge, hypothecate and in any manner dispose of franchises, rights, privileges, licenses, rights-of-way and easements necessary, useful or appropriate. (8) To purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange and use any and all real and personal property or interest therein. (9) To borrow money and otherwise contract indebtedness, to issue its obligations therefor, and to secure the payment thereof by mortgage, pledge, or deed of trust of all or any of its property, assets, franchises, revenues or income. Such mortgage, pledge or deed or trust, whether or not given to a trustee, shall, when it is expressly so stipulated therein, embrace and cover after acquired property of the corporation. (10) To sell and convey, mortgage, pledge, lease as lessor and otherwise dispose of all or any part of its property and assets. (11) In connection with the acquisition, construction, improvement, operation or maintenance of its lines, to use any highway, or any right-of-way, easement or other similar property right, owned or held by the State or any political subdivision thereof subject to reasonable rules and regulations as to safety as may be promulgated by the

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State Highway Commission or subject to such reasonable terms and conditions as the governing body of such political subdivision shall determine. (12) To accept gifts or grants of money, services or property, real or personal. (13) To make any and all contracts necessary or convenient for the exercise of the powers granted in this Act; including, but not limited to, contracts with any person, Federal agency, or municipality for the purchase or sale of energy, and in connection with any such contract to stipulate and agree to such covenants, terms, and conditions as the board may deem appropriate, including covenants, terms, and conditions with respect to the resale rates, financial and accounting methods, services, operation and maintenance practices, and the manner of disposing of the revenues of the system operated and maintained by the corporation. (14) To fix, regulate and collect rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation. (15) To exercise its corporate powers and purposes within or without this State. (16) To elect or appoint officers, agents and employees of the corporation, and to define their duties and fix their compensation. (17) To make and alter by-laws, not inconsistent with its charter or with the laws of this State, for the administration and regulation of the affairs of the corporation. (18) To do and perform, either for itself or its members, or for any member corporation organized under this Act, any and all acts and things, and to have and exercise any and all powers as may be necessary, convenient, or appropriate

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to effectuate the purpose for which the corporation is organized. Section 5. Power of Superior Courts and the Judges Thereof; Incorporators. Be it further enacted, That Superior court incorporation. (a) The Superior Courts shall have power to create electric membership corporations, to approve amendments to the charters of such corporations, and to approve petitions or declarations of consolidation, and they shall have the further power to order and decree dissolution of such corporations, by compliance with the provisions of this Act, and in accordance with the procedure prescribed by law for the formation of corporations in general. The judges of the Superior Courts are authorized and empowered to make such orders and decrees, in vacation at chambers in the county where the application or petition is pending, or, in any county forming a part of the judicial circuit in which the application or petition is pending, in the same manner and subject to the same restrictions as provided for rendering orders and decrees in term time. (b) That any three or more natural persons of the age of 21 years or more, residents of this State, may act as incorporators of a corporation to be organized under this Act by executing a petition or declaration as hereinafter provided in this Act. Section 6. Petition or Declaration. Be it further enacted, That (a) the petition or declaration to be filed as hereinbefore provided shall state: Declaration, statements in. (1) The name of the corporation, which name shall include the words Electric Membership Corporation and the name shall be such as to distinguish it from any other corporation organized and existing under the laws of this State. (2) The purpose for which the corporation is formed.

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(3) The names and addresses of the incorporators, not less than three, who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify. (4) The address of its principal office and the name and address of its agent upon whom process may be served. (5) The period of duration of the corporation. (6) The terms and conditions upon which persons shall be admitted to membership in the corporation. (b) That the petition or declaration may also contain any provision not inconsistent with the law which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation; and any provisions not contrary to law creating, defining, limiting, or regulating the powers of the corporation, its directors, and members. It shall not be necessary to set forth in said petition or declaration any of the corporate powers enumerated in this Act. Section 7. Prohibition On Use of Words Electric Membership Corporation. Be it further enacted, That the words Electric Membership Corporation shall not be used in the corporate name of corporations hereafter organized under the laws of this State, or authorized to do business herein, other than those organized pursuant to the provisions of this Act. Words prohibited. Section 8. Chartering of Corporations. Be it further enacted, That in order to incorporate an Electric Membership Corporation under the terms of this Act the original copy of the petition or declaration shall be executed by being signed by the incorporators, and it shall be filed in the office of the clerk of the Superior Court of the county in which the principal office of the corporation is to be located. Publication of said petition shall be made and the order of incorporation shall be granted and renewed

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by the Superior Court, or the judge thereof, in the same manner and in accordance with the same procedure prescribed for the chartering of corporations in general by Chapter 22-3 of the Georgia Code of 1933 as the same may be from time to time amended. Charters. Section 9. Certificate of Membership. Be it further enacted, That such corporation may issue to its members certificates of membership, and each member shall be entitled to only one vote in the exercise of his rights as a member of the corporation. Such vote may be cast in person, or if the by-laws so provide, by proxy or by mail. Certificate. Section 10. Qualification of Members. Be it further enacted, That all persons in rural areas proposed to be served by the corporation who are not receiving electric service from any corporation subject to the jurisdiction of the Georgia Public Service Commission, or from any municipal corporaton, shall be eligible for membership in a corporation organized under this Act. No persons, other than the incorporators shall be, become or remain a member of a corporation unless such person shall use or agree to use electric energy or, as the case may be, the facilities, supplies, equipment, and services furnished by a corporation. A corporation organized under this Act may become a member of another such corporation and may avail itself fully of the facilities and services thereof. Members' qualifications. Section 11. Board of Directors. Be it further enacted, That each corporation shall have a board of directors of not less than three members and the powers of a corporation shall be vested in and exercised by a majority of the directors in office. The directors of the corporation, other than those named in its charter, shall be elected at the annual meeting, or at a special meeting held in lieu thereof, by the members entitled to vote. The directors must be members and shall not be entitled to compensation for their services as directors, but shall be entitled to reimbursement

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for expenses actually and necessarily incurred by them in the performance of their duties. The board shall elect annually from its own number a president and vicepresident. Directors. Section 12. Powers of Board. Be it further enacted, That the board shall have power to do all things necessary or convenient in conducting the business of a corporation, including, but not limited to: Board's powers. (1) The power to adopt and amend by-laws. The by-laws of a corporation may contain any provisions relating to the management and regulation of the affairs of the corporation not inconsistent with law or its charter, including, though not by way of limitation, provisions regulating the admission, withdrawal, suspension, or expulsion of members; the transfer of memberships; the fees and dues of members and the termination of memberships for non-payment of fees, dues, or otherwise; the number, times, and manner of choosing, qualifications, terms of office, official designations, powers, duties and compensations of its officers; defining a vacancy in the board or in any office, and the manner of filling it; the number of members to constitute a quorum at meetings, the date of the annual meeting and the giving and waiving of notice thereof and the holding of special meetings and the giving and waiving of notice thereof; the terms and conditions upon which the corporation is to render service to its members, the disposition of the revenues and receipts of the corporation; regular and special meetings of the board and the giving and waiving of notice thereof. (2) To appoint agents and employees and to fix their compensation and the compensation of the officers of the corporation. (3) To authorize the execution of all instruments.

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(4) To delegate to one or more of the directors or officers, agents, and employees of a corporation such powers and duties as it may deem proper. (5) To make its own rules and regulations as to its procedure. (6) To select an executive committee, the members of which shall be members of the corporation, and a majority of the members of the committee shall be members of the board, and to delegate to said committee any or all of the powers granted to the board in this Act, except that the board shall not delegate its powers to adopt and amend by-laws for the management and regulation of the affairs of the corporation. Section 14. Non-Profit Operation. Be it further enacted, That No profit. (a) Each corporation shall be operated without profit to its members but the rates, fees, rents or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times: (1) To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized, and, (2) For the creation of reserves. (b) That the revenues of the corporation shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations, and thereafter to such reserves for improvement, new construction, depreciation and contingencies as the board may from time to time prescribe.

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(c) That revenues not required for the purposes set forth in Subsection (b) of this section shall be returned from time to time to the members on a pro rata basis according to the amount of business done with each during the period, either in cash, in abatement of current charges for electric energy, or otherwise as the board determines; but such return may be made by way of general rate reduction to members, if the board so elects. Section 14. Amendment of Charter. Be it further enacted, That a corporation may authorize an amendment of its charter by a majority vote of the members voting at any regular meeting or at any special meeting of its members called for that purpose. The power to amend shall include the power to accomplish any desired change or subsequent changes in the provisions of its charter and to include any purpose, power or provision which would be authorized to be included in the original petition or declaration if executed at the time the amendment is made. A petition or declaration of amendment signed by the president or vice president and attested by the secretary certifying to such amendment and its lawful adoption shall be filed, published and approved by the Superior Court, or the judge thereof in vacation at chambers, and recorded, in the same manner as the original petition or declaration of incorporation. Upon the granting of the order of approval of the Superior Court, or the judge thereof in vacation, of the amendment or amendments such amendment or amendments shall be deemed to be effective. Charter amendments. Section 15. Consolidation. Be it further enacted, That (a) any two or more corporations may enter into an agreement for the consolidation of such corporations. The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not less than three, the time of the annual meeting and election, and the name of at least three persons to be directors until the first annual

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meeting. If such agreement is approved by the votes of a majority of the members of each corporation, voting at any regular meeting or any special meeting of its members called for that purpose, the directors named in the agreement shall sign as incorporators a petition or declaration of consolidation conforming substantially to the original petition or declaration of incorporation of a corporation organized under this Act. Agreed consolidation. (b) That the petition or declaration of consolidation shall be filed, published, and approved by the Superior Court, or the judge thereof in vacation at chambers, and recorded, in the same manner as the original petition or declaration of incorporation of a corporation organized under this Act. Upon the granting of the order approving the petition or declaration of consolidation, the proposed consolidated corporation, under its designated name, shall be and constitute a body corporate with all the powers of a corporation as originally created under this Act. Petition. Section 16. Dissolution. Be it further enacted, That Dissolution of corporation. (a) Any corporation may surrender its charter and franchises as a corporation by a majority vote of the members voting at any regular meeting, or at any special meeting of its members called for that purpose, in the manner hereinafter provided. The proceedings shall be by petition in the name of the corporation, addressed to the Superior Court which granted its charter, and shall be verified by the oath of the president or vice-president, and shall be presented to the judge of such Superior Court, who shall order the petition to be filed in the office of the clerk of said court and published as required by law for corporations generally. Should it satisfactorily appear to said judge that such dissolution may be allowed without injustice to any member or to any person having claims or demands of any character against said corporation and that the prayer of the petition should be granted, he shall

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sign a decree accepting the surrender of the charter and franchises of such corporation and order its dissolution; but if it shall not so appear, he shall sign a decree refusing the prayer of such petition. (b) That such corporation shall continue for the purpose of paying, satisfying and discharging any existing liabilities or obligations and collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name. The property and assets of such corporation on dissolution shall constitute a fund, first for the payment of its debts and then for pro rata distribution among its members. If necessary, the judge shall have power to appoint a receiver under proper restrictions and to administer such assets under his direction. Continuance. Assets. (c) That any party to the aforesaid proceedings being dissatisfied with the decree of the court granting or refusing to grant dissolution may sue out a bill of exceptions assigning error on such decree and carry the case to the Supreme Court for review, by fast writ of error as in cases of injunction. The petition and all written objections thereto filed and all proceedings, orders and decrees thereon, shall be, by the clerk of the Superior Court, recorded on the minutes thereof, and when a final decree dissolving any corporation is granted, an entry of such fact shall be, by such clerk, made on the face of the record of the charter of such corporation in the record of charters of corporations in his office. Writ of error. (d) That all costs of proceedings under this section shall be paid by the petitioning corporation, unless the court shall otherwise decree, in cases where objections are filed and overruled, in which event the court may award a portion of the costs against the objecting party. Costs. Section 17. Fees. Be it further enacted, That the clerk of the Superior Court shall charge and collect for: Clerk's fees.

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(1) Filing and recording petition or declaration of incorporation and order approving same five ($5.00) dollars; (2) Filing and recording petition or declaration of amendment and order approving same five ($5.00) dollars; (3) Filing and recording petition or declaration of consolidation and order approving same five ($5.00) dollars; (4) Filing and recording petition and decree of dissolution five ($5.00) dollars. Section 18. Exemption from Excise TaxesLicense Fees. Be it further enacted, That corporations formed hereunder shall pay annually, on or before July 1, to the Comptroller-General of the State, a fee of five ($5.00) dollars for each 100 members or fraction thereof, but shall be exempt from all other excise taxes of whatsoever kind or nature. Tax exemptions. Section 19. Classification of Corporation with Respect to Jurisdiction of the Public Service Commission. Be it further enacted, That corporations organized under this Act shall not be deemed to be subject to the jurisdiction and control of the Public Service Commission of this State. Not under Public-Service Commission. Section 20. Classification of Securities and Membership Certificates. Be it further enacted, That whenever any corporation organized under this Act shall have borrowed money from any Federal agency, the obligations issued to secure the payment of such money shall be and [Illegible Text] hereby classified as securities, the inherent qualities [Illegible Text] which assure their sale and disposition without the perpetration of fraud, and, together with membership certificates issued by any such corporation, shall not be subject to the Georgia securities laws. Securities.

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Section 21. Act Extended to Existing Corporations. Be it further enacted, That any existing cooperative or non-profit corporation or association, de facto or dejure, of this State organized under any other law of this State, for the purpose of engaging in rural electrification, may, by a majority vote of the members voting at a meeting called for that purpose, amend its charter as provided in the instance of a corporation originally incorporated under this Act so as to comply with this Act. The corporation under its existing or under any revised name, if in compliance with the provisions of this Act, shall thereupon have all the powers and duties set forth in this Act, but shall be held to relinquish the right to continue to exercise the powers under its former charter; and no right, debt, or other obligations, of or to the corporation, obtained, or incurred, prior to the amendment of its charter so as to comply with this Act, shall be affected thereby. Any act, contract, or convenant heretofore done, made, entered into or performed by any corporation organized under any other Act, but brought within the provisions of this Act by the amendment of its charter as herein provided, if not contrary to the provisions of this Act, is hereby expressly validated as if such act, contract, or convenant had been done, made, entered into or performed under the terms hereof. Aid to existing corporations. Section 22. Construction of Act. Be it further enacted, That this Act shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. This Act shall be construed to be cumulative in effect, and shall not be deemed [Illegible Text] deprive any persons of the right to organize electric cooperatives or non-profit corporations under any other applicable law of this State, nor to limit, restrict or affect in any manner whatsoever the validity, rights, powers or operations of any such electric cooperative or non-profit

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corporation heretofore or hereafter organized under any other applicable law of this State. Liberal construction of this Act. Section 23. Separability of Provisions. Be it further enacted, That if any provisions of this Act, or the application of such provision to any person or circumstance is held invalid the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby. Invalid provisions. Section 24. Act Complete In Itself. Be it further enacted, That this Act is complete in itself and shall be controlling. The provisions of any other law of this State, except as provided in this Act, shall not apply to a corporation organized under this Act. No other law applied. Section 25. Effective Date. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, That this Act shall be effective immediately upon its passage by the House and Senate and the approval of the Governor. Effective at once. Approved March 30, 1937. ENTOMOLOGY ACT OF 1937. No. 332. An Act to prevent the introduction into and dissemination within this State of insect pests and diseases of plants; to provide for the regulation of the sale and distribution of articles or substances capable of or likely to harbor or be infested or infected by insects or plant diseases; to assist in the marketing of products of this State to the extent of issuing certificates of freedom or relative freedom of such products from infestation or infection by insect pests or plant diseases; to establish a State Department of Entomology and to provide for a State Entomologist, to define the powers and duties of the State

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Entomologist; to provide the manner and means of enforcing said Act and the regulations and orders promulgated under authority of the same; to provide penalties for the violation of this Act; to repeal all sections of Chapter 5-7 of Title 5 of the Code of Georgia of 1933 relating to the State Entomologist, his appointment and powers, duties, etc.; to repeal Chapter 84-19 of Title 84 of the Code of 1933 relating to nurserymen, horticulturists, landscape gardeners, etc.; to repeal the following sections of Chapter 84-99 of the Code, to wit: Section 84-9929 relating to the practice of nurserymen, landscape gardeners, etc.; without a license; Section 84-9930 relating to fraud and false representations in the sale of nursery stock; Section 84-9931 relating to the limitation of prosecution under the two preceding sections; Section 84-9932 relating to delivery of nut or fruit trees different in kind from that ordered; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted: Section 1. This Act shall be known by the short title of The Entomology Act of 1937. Citation. Section 2. For the purpose of this Act, the following terms, when used in this Act, or in the rules, regulations and orders made pursuant thereto, shall be construed, respectively, to mean: Construction of terms. Insect Pests and Plant Disease. Insects or closely related organisms injurious to the agricultural, horticultural or other interests of the State, and infectious or transmissible diseases of plants in any stages of development of such insects or disease. Places. Vessels, aircraft, cars, trucks, automobiles, wagons, and other vehicles, buildings, docks, depots, yards, nurseries, greenhouses, orchards, and other premises where

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material affected by this Act is grown, produced, kept, stored or handled. Plants and Plant Products. Trees, shrubs, vines, forage and cereal plants, and all other plants, cuttings, grafts, scions, buds, and all other parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, timber and all other plant products. Nursery Stock. All trees or plants or parts of trees or plants grown or kept for or capable of propagation, distribution or sale. Nursery. Any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution. Nurseryman. Any person engaged in the production of nursery stock for sale or distribution. Dealer. Any person not a grower of nursery stock who buys or otherwise acquires nursery stock for the purpose of reselling or distributing same independently of any control of the nurseryman. Agent. Any person soliciting orders for or selling or distributing nursery stock under the partial or full control of a nurseryman or dealer. Persons. Individuals, associations, partnerships, and corporations, whether private, public or municipal. Section 3. (1) There is hereby established a State Department of Entomology, which shall be under the direction and supervision of the State Entomologist whose appointment is hereinafter provided for. Creation of Department. (2) The State Entomologist must be a graduate of a recognized college of agriculture and have had courses in entomology and plant pathology and also shall have had experience in field and administrative work in pest control

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while in the employment of one or more States of the United States or in the employment of that branch of the Federal Government which is in charge of pest control. Entomologist. (3) The State Entomologist shall be appointed by the Governor subject to confirmation by the Senate for a term of four years, at a salary of $4,200.00 per annum. He shall be required to give a surety bond in the sum of $5,000.00, the premium to be paid out of the Department appropriations. In case of a vacancy the appointment shall be for the unexpired term. Appointment, salary, term, bond. Section 4. It shall be the duty of the State Entomologist to protect the agricultural, horticultural, and other interests of the State from insect pests and plant diseases, and to that end the State Entomologist is vested with power and authority to: Duties and powers. (1) Inspect or cause to be inspected by duly authorized employees or agents, plants, plant products or other articles, things, or substances that may in his opinion be capable of disseminating or carrying insect pests and plant diseases and for this purpose he or his employees and agents shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought to contain plants or plant products or other things capable of disseminating or carrying insect pests or plant diseases. Inspection. (2) Carry on investigations of methods of control, eradication and prevention of dissemination of insect pests and plant diseases and for that purpose may employ the necessary experts and may rent, lease or purchase the necessary land when required for this purpose. Eradication and prevention. (3) Visit any section of the State where any dangerous pest is supposed to exist and determine whether any infested trees or plants or other things or substances are worthy of remedial treatment or shall be destroyed; and

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to supervise or cause the treatment, cutting or destruction of plants, trees or other things or substances when deemed necessary to prevent or control the dissemination of insect pests and plant diseases or to eradicate same, and to prescribe rules and regulations therefor. Visits and supervision. (4) (a) Inspect or cause to be inspected all nurseries in the State at such intervals as he may deem best, and he shall have a plenary power to make all rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as he may deem necessary in the eradication, control or prevention of the dissemination of insect pests and plant diseases. Rules and regulations. (b) Make rules and regulations to govern the sale and distribution of nursery stock by dealers and agents. (c) Make rules and regulations under which nursery stock may be brought into this State from other States and territories of the United States or any foreign country. (d) Make such rules and regulations with reference to plants and plant products and other things and substances while in transit through this State as may be deemed necessary to prevent the introduction into and dissemination within and establishment in this State of injurious insect pests and plant diseases. (5) Demand of any person who has plants or plant products or other things likely to carry insect pests and plant diseases in his possession to give full information as to the origin and source of same, and it shall be a misdemeanor for such person to refuse to give the information demanded, if able to do so. Information. (6) Declare a dangerous insect pest or plant disease to be a public nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to

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infestation or infection and therefore likely to communicate the same. Nuisances. (7) Declare a quarantine against any area, place, nursery, grove, orchard, county or counties within this State, other States, or territories of the United States or any portion thereof of any foreign country in reference to dangerous insect pests or plant diseases and prohibit the movement within this State or any part thereof or the introduction into this State from other States, or territories of the United States or any foreign country, of all plants, plant products or other things or substances from such quarantined places or areas which are likely to carry dangerous insect pests or plant diseases, if such quarantine be determined, by the State Entomologist after due investigation, to be necessary in order to protect the agricultural, horticultural or other interests of this State. In such cases the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of within or without the State. Quarantine. (8) Intercept and inspect while in transit, or after arrival at destination, all plants, plant products or other things or substances likely to carry insect pests and plant diseases being moved in this State or brought into this State from another State, or territory of the United States, or from any foreign country, and if upon inspection the same be found to be infested or infected with an injurious insect pest or plant disease or if such material is believed to be likely to communicate or transmit same or is being transported in violation of any of the rules and regulations of the State Entomologist, then said plants, plant products or other things or substances may be treated when necessary and released, or return to the sender, or destroyed, such disposition to be determined under rules and regulations prescribed by the State Entomologist. Inspection of plants, etc.

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(9) Purchase all necessary materials, supplies, office and filed equipment and other things and make such other expenditures as may be essential and necessary in carrying out the provisions of this Act within the limits of the amount appropriated by law. Supplies. (10) Appoint such assistants, inspectors, other employees and agents as may be required, and to prescribe their duties and fix their compensations, to delegate to such assistants, inspectors and other employees and agents such powers and authority as may be deemed proper within the limits of the powers and authority conferred upon him by this Act. Assistants. (11) Enter into cooperative arrangements with any person, municipality, county or other departments of this State, and boards, officers and authorities of other States and of the United States for inspection with reference to insect pests and plant diseases and for the control and eradication thereof and to contribute a just proportionate share of the expenses incurred under such arrangements. Cooperation. (12) Disseminate to the public information and advice on the prevention, control or eradication of insect pests and plant diseases by the publication and distribution of printed matter, by correspondence, and by other methods. Public information. (13) Enforce the provisions of this Act and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings. It shall be the duty of all public prosecutors to represent the State Entomologist when called upon to do so. In the discharge of his duties and in the enforcement of the powers herein delegated, he may issue subp[oelig]na duces tecum and require production of books and papers, administer oaths, and subp[oelig]na and hear witnesses, and to that end it is made the duty of the various sheriffs throughout the State to serve all subp[oelig]na and other papers upon request of the State Entomologist. Enforcement of law.

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(14) Make rules and regulations governing the conditions under which plants or other products may be produced as will permit such plants or other products to be certified as free or relatively free from insect pests and plant diseases. (a) Any rules and regulations made by the State Entomologist relative to the certification of tomato, cabbage, onion and all other cruciferous plants shall be published on or before December 15 of the preceding year in which said plants are to be grown. Provided, however, that in case of emergency supplemental rules and regulations may be promulgated and published. Provided, further, that certification of tomato, cabbage, onion and other cruciferous plants shall not be compulsory on the grower. Certification of products. (15) Provide for the registration of all growers of plant or nursery stock intended for sale or distribution when such plants or nursery stock have been declared by the State Entomologist as being liable or likely to or capable of disseminating insect pests or plant diseases. Registration. (16) For the purpose of defraying the expenses of the registration of nurserymen, dealers, agents and plant growers, and the certification and inspection of plants or plant products, or other things, assess and collect the cost thereof, any surplus to be paid into the State Treasury. Collection of costs. Section 5. All rules and regulations made by the State Entomologist within the limits of authority conferred by this Act shall have the full force and effect of law. They shall be promulgated by publishing same in an official publication of the Department, or by giving such other reasonable public notice as may be prescribed by the State Entomologist. Printed copies of all Acts, rules and regulations, quarantines or notices of the Department which shall be published under the authority of the State Entomologist shall be admitted as sufficient evidence of such acts, rules and regulations, quarantines or notices in all

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courts and on all occasions whatsoever, provided the correctness of such copies be certified to by the State Entomologist. Rules as law. Section 6. Any person affected by any rule or regulation made or notice given pursuant to this Act may have a review thereof by three constitutional State officers designated by the Governor, for the purpose of having such rule, regulation or notice modified, suspended or withdrawn and such review shall be allowed and considered. Modification or withdrawal. Section 7. Whenever inspection discloses that any places, or plants or plant products, or other things or substances are infested or infected with any dangerous insect pest or plant disease which has been declared a public nuisance, the State Entomologist, or his agents or employees, shall give written notice to the owner, or other person in possession or control of the place where found, in persons or by registered mail, and such owner or other person shall proceed to control, eradicate or prevent the dissemination of such insect pest or plant disease, and to remove, cut, or destroy infested or infected plants and plant products, or other things or substances within the time and in the manner prescribed by said notice or the rules and regulations made pursuant to this Act, unless an appeal to three constitutional State officers designated by the Governor is taken. An appeal may be taken within three days and when so taken shall be heard and determined within three days thereafter, during which time the appeal shall act as a stay of proceedings. Notice. Destruction. Section 8. Whenever such owner or other person cannot be found, or shall fail, neglect or refuse to obey the requirements of said notice and the rules and regulations made pursuant to this Act, such requirements shall be carried out by the inspectors or other employees or agents of the Department and the State Entomologist shall have and enforce a lien for the expense thereof against the place in

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or upon which such expense was incurred in the same manner as liens are had and enforced upon buildings and lots, wharves and piers for labor and materials furnished by virtue of contract with the owner. No compensation shall be allowed for any trees or plants, plant products or other things or substances that shall be destroyed. Lien for expense. Section 9. In case any person or persons refuse to execute the directions of the State Entomologist or refuse to allow the State Entomologist or his agents to do so, the judge of the Superior Court of the county having jurisdiction over said person shall, upon complaint filed by the State Entomologist or any free holder, cite the person or persons to appear before him within three days after notice is served and the said judge may hear and determine all these cases in vacation; and upon satisfactory evidence, shall cause the prescribed treatment to be executed, and the expenses thereof and costs of court shall be collected from the owner or owners of the affected material. Refusal to execute directions. Section 10. When two reputable citizens of any county in Georgia shall notify the State Entomologist from belief that noxious insects or plant diseases exist in their county, the State Entomologist shall ascertain as speedily as possible the nature and extent of the condition reported and complained of and if after such investigation it is determined by the State Entomologist that such procedure is necessary or desirable for the public interest, he shall act with all due diligence to control or eradicate said insects or plant diseases, by giving notice to the owner, tenant, or agent of the owner of such premises, to treat such affected plants or other things or substances according to the methods he may prescribe or to destroy them within the period set forth in such notice, and if after the expiration of such period, as set forth in said notice the affected materials or other things or substances have not been destroyed or treated as prescribed in the notice or the treatment has not been properly applied, or is not effectual in

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ridding the affected materials, things or substances of the pests, the State Entomologist shall cause such affected material, things or substances to be properly treated, or destroyed as his judgment warrants. The cost of the work shall be assessed against the owner of the premises and shall be collected in the same manner as that provided in Section 8 of this Act. Diseases, insects, etc. Section 11. The introduction into this State of any insect in any stage of development or specimen of any disease injurious to plants, except under a special permit issued by the State Entomologist is hereby prohibited. Permit. Section 12. Any person, including common carriers, who receive plants, plant products or other things or substances sold, given away, carried, shipped or delivered for carriage or shipment within this State, as to which provisions of this Act and the rules and regulations made pursuant thereto have not been complied with, shall immediately inform the State Entomologist or any employee or agent of the State Entomologist and isolate and hold the said plant, plant products or other things or substances unopened or unused subject to such inspection and such disposition as may be provided by the State Entomologist. Carriers. Section 13. Whenever the State Entomologist under the provisions of this Act shall declare a quarantine against any place, nursery, grove, orchard, county or counties of the State, or against other States, or territories of the United States, or any foreign country, as to a dangerous insect pest or plant disease, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this State, or to move, sell or otherwise dispose of within this State any plant, plant produce or other things included in such quarantine, except under such rules and regulations as may be prescribed by the State Entomologist. Quarantine.

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Section 14. It shall be unlawful for any nurseryman, dealer, or agent to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this Act and the rules and regulations made pursuant thereto. Unlawful acts. Section 15. Any person who shall violate any provision or requirement of this Act or of the rules and regulations made thereunder or of any notice given pursuant thereto, or who shall forge, counterfeit, deface, destroy or wrongfully or improperly use any certificate provided for in this Act or in the rules and regulations made pursuant thereto, or who shall interfere with or obstruct any inspector or other employee or agent of the department in the performance of his duties, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law. Violation punishable. Section 16. In construing and enforcing the provisions of this Act, the act, omission or failure of any official, agent or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual. Construction of this Act. Section 17. Chapter 5-7, of Title 5 of the Code relating to the appointment and removal of the State Entomologist, his salary, powers, and duties, etc., is hereby repealed in its entirety. Code repeals. Section 18. Chapter 84-19, of Title 84 of the Code relating to nurserymen, their agents and employees, horticulturists, tree surgeons, landscape gardeners, etc., together with all of the provisions, regulations and requirements contained therein, is hereby repealed in its entirety.

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Section 19. It is hereby declared to be the purpose of this Act to repeal and supersede all previous legislation upon the subject of the State Entomologist, his powers, duties and functions with respect to injurious insects, plant diseases and other kindred subjects formerly placed under his control, and supervision, (with the exception of the Act approved March 28, 1935 (Ga. Laws 1935, page 461) relating to the fraudulent sale of plants), to repeal and supplant all chapters and sections referred to and to be considered as exhaustive of the subject of the powers, duties and functions of the State Entomologist with respect to the aforesaid subjects. Act of 1935 of force. Section 20. Section 84-9929, 84-9930, 84-9931, 84-9932, of Chapter 84-99 of the Code of 1933 be, and the same are hereby repealed. Code 84-9929 et seq. repealed. Section 21. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 25, 1937. FISHSEAFOODTAX. No. 507. An Act of provide for and to authorize the Director of Wild Life to make necessary rules and regulations to properly control and conduct the fish, shell fish, oyster, and seafood industries of this State; to provide a tax on wholesale dealers; to provide inspection and sanitation on all fish, shell fish, oysters, and seafoods; to regulate and define the different channels of marketing fish, shell fish, oysters, and seafoods in this State; to provide that nothing in this Act shall be construed to apply to or include canned food; 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. On and after the passage of this Act, in addition to the power and duties heretofore given to the Director of Wild Life, it is further authorized and enacted that the Director of Wild Life be directed and is hereby authorized and directed to collect annually, on or before April 1 of each year, from each wholesale dealer in this State, the sum of $200.00, as a tax on each wholesale dealer in the handling of and distributing for sale, all seafoods, including shrimp, lobster, oyster, crab and such like foods, whether fresh or salt water, and any other brand of fish, shrimp and oysters, and the like so handled or marketed by any wholesale dealer in this State, which are shipped into this State from other States. This Act shall not apply to any fresh water fish caught in the streams, lakes or ponds of this State; or any fish, shrimp, oysters, crabs or other seafood taken from the salt or tide waters of the State of Georgia. Tax on seafoods from other States. Section 2. Be it further enacted, That the Director of Wild Life shall be authorized and is directed to regulate and prescribe the proper methods of sanitation, distributing and transporting of all fish and seafoods in this State, and all fish and seafoods so transported from all other States; that all fish and seafoods transported into this State shall be in refrigerated cars; by refrigerated trucks with insulated bodies; or containers disconnected from the body of the truck, or by express, or in boxes or other containers, heavily iced. That when fish and seafoods are so transported from this State or other States by truck, they shall be so equipped with enclosed, insulated bodies or containers disconnected from the body of the truck with proper refrigeration to carry the fish and seafoods in good condition, with 50% weight of ice to weight of fish, or seafoods. Sanitation, distribution, etc. Section 3. It is further enacted that the Director of Wild Life shall have authority, and is hereby directed, to see that each wholesaler shall have a place of business suitable to handle and care for fish and seafoods, in a sanitary

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manner; and that each wholesaler shall have in his place of business refrigerated or insulated boxes or coolers, in which a degree of not higher than 40 degrees temperature shall be maintained. That his place of business shall have proper drainage and sewerage for the care of waste in dressing or processing of fish and seafoods. Section 4. Be it further enacted, That any person who peddles fish or seafoods in this State, shall not be permitted to do so unless they are so equipped with refrigerated and insulated containers, and it shall be unlawful for any person, firm, or corporation, or their agents, to peddle or offer for sale from any truck, wagon, cart, automobile or horse-drawn vehicle, unless said vehicle is so equipped with proper refrigeration or insulation. That no fish or seafoods can be peddled unless in original packages, and from insulated and refrigerated bodies, which packages shall be marked for the consignee, and in no event shall any package be peddled in broken lots. This section shall apply only to fresh and salt water fish and seafoods transported into this State from other States. Peddling. Section 5. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and shall be punishable by imprisonment in the county jail for not less than 30 days nor more than 90 days, or by a fine of not less than fifty ($50.00) nor more than five hundred ($500.00) dollars, or by both fine and imprisonment in the discretion of the court. Violation a misdemeanor. Section 6. Be it further enacted, That it shall be the duty of the Director of Wild Life, and he is hereby authorized and instructed to provide the proper and necessary inspection of all fish and seafoods marketed in this State, which are brought in from other States; that when fish and seafoods are transported into this State from other States on trucks or other motor conveyances, the inspection shall be at the border line of this State, or at the point

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of entrance into this State; that when fish or seafoods are transported into this State by railway freight, railway express, or other railway conveyances, it shall be inspected at its point of destination. Inspections. Section 7. Be it further enacted, That all the revenue obtained from the above tax on wholesalers shall be allocated to the Division of Wild Life for the purpose of administering this Act. Revenue. Section 8. Provided, that nothing in this Act shall be construed to apply to or include canned food. Canned food. Section 9. 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. Constitutionality. Section 10. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Repeal. Section 11. Definitions. (a) Wholesaler means any person, firm or corporation handling or transporting for sale products of the seafood industry to retail outlets, including hotels, restaurants or other public eating places, and who maintain a fixed stationary place for the storage of same. (b) Seafoods means all fresh or frozen fish, cured or salted; all shell fish, such as shrimp, oysters, clams, scallops, lobsters, crawfish, and other edible products of the waters. Provided, that nothing herein made shall apply to any person, firm or corporation whose business consists principally in handling or transporting for sale seafoods gathered or taken from the waters of Georgia. Words defined. Approved March 31, 1937.

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FISHING-LICENSE REGULATIONS. No. 437. An Act to provide for the payment of a license by certain persons fishing within the State of Georgia, to prescribe penalties for the 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 it shall be unlawful for any person to fish in any of the streams, lakes, or ponds whether tidewater or fresh water of this State in any county other than that of his residence, or if in the county of his residence, with any artificial bait, commonly known as plugs, dabblers, wooden minnows, live minnows, flies, spinners, or any other like bait or lure until such person shall have complied with the following regulations, to-wit: Section 2. Be it further enacted by the authority aforesaid, That no resident of this State shall fish in any of the waters of this State, as described in Section 1 hereof, by means of any artificial bait commonly known as plugs, wooden minnows, live minnows, flies, dabblers, spinners, or any other like bait or lure whether in the county of his residence or in any other county of the State without first procuring from the Director of Wild Life an annual license for which there shall be charged and shall be paid the sum of one ($1.25) dollar and twenty-five cents. No resident of this State shall fish in any way or by any means in any of said waters of this State other than that of the county of his residence without first procuring from the Director of Wild Life an annual license for which there shall be charged and shall be paid the sum of one ($1.25) dollar and twenty-five cents. Provided, however, that no person under the age of 16 years shall be required to buy the license created under this Act. No non-resident of this State shall fish in any of said waters hereinbefore described in

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any manner or by any means until such person shall have procured from the Director of Wild Life an annual license to do so for which there shall be charged and be paid the sum of five ($5.25) dollars and twenty-five cents. Seiners and netters shall pay one ($1.25) dollar and twenty-five cents as lure fishermen. Licenses. Youths not included. Non-residents. Section 3. Be it further enacted by the authority aforesaid, That the Director of Wild Life shall be and is hereby authorized to issue and sell annual licenses for fishing as provided in Section 2 hereof, the same to be dated April 1 of the year issued and expiring March 31 of the following year, and such Director is authorized to employ or designate agents for the sale of such licenses, to provide compensation for them not to exceed 10% of the amount of such license and to prescribe rules and regulations under which said licenses may be issued and the form of such licenses. Licenses. Rules, etc. Section 4. Be it further enacted by the authority aforesaid, That all money derived from the sale of licenses under the terms of this Act be set aside in a fund for the operation of the present hatcheries, the establishment of other hatcheries, the distribution of fish from such hatcheries to the waters of this State, the policing of the streams and waters of this State, and the protection of the fish therein. Fund, how used. Section 5. Be it further enacted by the authority aforesaid, That any person violating any provision of this Act or fishing in any of the waters hereinbefore described of this State without having obtained and procured a license as provided for in this Act, shall be guilty of a misdemeanor. Violation a misdemeanor. Section 6. That nothing in this Act shall apply to Tidewater Georgia. Tidewater. Section 7. (a) Provided, That the owners of private ponds shall have the right to take fish therefrom without

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procuring any license and may take them in any manner whatever; (b) a private pond is defined to be any pond, privately owned, on any stream of this State which goes dry of water during any season of the year. Private pond. Section 8. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 30, 1937. FRATERNAL BENEFIT SOCIETIESACT OF 1914 AMENDED. No. 520. An Act to amend Subsection 2, of Section 5, of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914 relating to fraternal benefit societies. Section 1. Be it enacted by the General Assembly of the State of Georgia, That Subsection 2, of Section 5, of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914, be amended to hereafter read as follows: Any fraternal benefit society which shall accumulate and maintain the reserves required by a table of mortality not lower than the American Experience Table of Mortality, with an interest assumption of not more than 4%, may accept members at such ages, and children under 16 years of age, in such manner and upon such showing of eligibility, and issue to its members, and children under 16 years of age, such forms of certificates, payable to such beneficiaries, as its constitution and laws may provide. Children under 16 years of age shall have no voice or vote. Act of 1914 amended. Children.

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Section 2. Be it further enacted, That Subsection 2, of Section 5, of Act No. 524, of the Acts of the General Assembly of the State of Georgia of 1914, be and the same is hereby repealed, and all laws and parts of laws in conflict with this Act are likewise repealed. Section 3. This Act shall take effect immediately upon its approval by the Governor. Approved March 29, 1937. GAME BIRDS AND ANIMALSSTORAGE LICENSE. No. 438. An Act to regulate and prohibit the storage of game birds, game animals, deer, wild turkey, wild duck, squirrel, rabbit, and all other game animals; to provide penalties for violation of this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That it shall be unlawful for any person, firm or corporation, operating a grocery store, hotel, market, cold storage house, restaurant or any other public place designed to receive for storage, to store any game, game birds, or deer, wild turkey, wild duck, squirrel, rabbits, unless the person offering to store such described game shall first exhibit his hunter's license, together with written permission from the Director of Wild Life, or written permission from a duly appointed district or deputy game protector, to store said game, which permit shall be kept by the person, firm or corporation accepting such game for storage, and shall be exhibited to the Director of Wild Life, or any game protector of the Director of Wild Life, on demand. License to be exhibited.

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Section 2. Be it further enacted by the authority aforesaid, That any person having any deer or other game animal, or any wild turkey or other game bird on storage at the close of the legal hunting season, shall have five days in which to remove them from storage. Provided, however, the person who has any deer or other game animal or turkey or other game birds in storage can apply to the Director of Wild Life, or any duly appointed district game protector who shall, on demand, stamp any deer or other game animal or any wild turkey or other game birds, with a stamp showing they were legally killed in season and they can continue in storage until such time as person owning them chooses to remove same. In case of deer or turkey or other large game animals or game birds, the stamp must be applied to the carcass; in case of small game animals, as squirrels or small game birds such as quail, they may be placed in a container and sealed with the number of animals or birds and name of species plainly marked on outside of container and the stamp may be applied to the outside of the container. Stored game. Section 3. Be it further enacted by the authority aforesaid, That any person, firm or corporation violating any of the provisions of this Act shall, upon conviction thereof, be punished as for a misdemeanor. Penalty. Section 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. GARBAGE DISPOSALCOUNTY AUTHORITY. No. 184. An Act to authorize the Board of Commissioners of Roads and Revenues or other county authority in charge of

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the roads and revenues thereof in all counties in this State having a population of 200,000 or more inhabitants by the U. S. census of 1930, or any future U. S. census, to improve the sanitary conditions of the county by providing systems of garbage disposal and to make rules and regulations in connection therewith; to authorize the levy of assessments or charges for such garbage disposal facilities; to provide for the issuance of executions for said assessments or charges; to authorize the making of contracts and the employment of persons to carry out the purposes of this Act, and to authorize the enforcement of rules and regulations for the carrying out of this Act by punishment as for misdemeanor and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all counties in this State having a population of 200,000 or more inhabitants by the U. S. census of 1930, or any future U. S. census, the Board of Commissioners of Roads and Revenues of the county, or other authority having charge of the roads and revenues of the county, shall have the power and authority to provide systems of garbage disposal in such territorial areas of the county as they shall deem advisable, and shall have the power to make such rules and regulations as may be necessary or proper to make said systems of garbage disposal effectual. Authority in county. Section 2. Be it further enacted by the authority aforesaid, That said Board of Commissioners of Roads and Revenues, or other said authority, shall levy assessments and/or make charges against all residents served by said garbage disposal facilities in said territorial areas as it shall deem proper for the services rendered. Assessments for service. Section 3. When garbage disposal areas have been designated and systems of disposal therefor provided, the

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said Board of Commissioners of Roads and Revenues shall have the power and authority to require and compel the persons residing in said area to comply with the rules and regulations provided therefor, and upon failure of any person or persons to comply with said rules and regulations, they shall be punished as for a misdemeanor. Regulations. Compulsory compliance. Section 4. Be it further enacted by the authority aforesaid, That the assessments or charges levied to pay the costs of said garbage disposal systems may be enforced by the issuance of fi. fa's. or executions for said charges in the same manner and of the same lien dignity and priority as fi. fa's. or executions are issued for county taxes, said executions shall be issued in the name of the county and directed to all and singular, the sheriffs and constables of the State of Georgia, and shall be signed by the Chairman of said Board of Commissioners of Roads and Revenues or other authority having charge of the roads and revenues of the county. Executions for assessments. Section 5. Be it further enacted by the authority aforesaid, That the Commissioners of Roads and Revenues of said counties shall have authority to enter into contracts with such persons, firms, corporations, and political subdivisions and upon such terms and conditions as it shall deem proper to carry out the provisions of this Act, and shall have the power and authority to employ such persons as it shall deem proper at such compensation as it shall fix to carry out the purposes of this Act, provided that the expenses of this service shall not exceed the assessments and/or charges made therefor. Contracts. Section 6. Be it further enacted by the authority aforesaid, That the purpose of this Act is hereby declared to be to provide a method of improving the sanitary conditions of the county, in so far as the same are affected by the absence of county garbage disposal facilities. Sanitation.

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Section 7. Be it further enacted by the authority aforesaid, That if any of the provisions of this Act shall be held to be unconstitutional, same shall not be held to invalidate the remaining provisions of this Act. Constitutionality. Section 8. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 16, 1937. GEORGIA TRAINING SCHOOL FOR GIRLS, BIBB COUNTY DIVISION. No. 511. An Act to amend an Act approved August 19, 1913, establishing the Georgia Training School for Girls and the Acts amendatory thereof, by locating a division thereof in Bibb 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 an Act approved August 19, 1913, establishing the Georgia Training School for Girls and providing for the maintenance and operation thereof, and the Acts amendatory thereof, be and the same are hereby amended, as follows: Act of 1913 amended. A. The colored division on the Georgia Training School for Girls shall be located in Bibb County, Georgia, upon land donated to the State of Georgia for such purposes. Colored division. B. That the Governor shall accept a deed of gift from Bibb County, conveying land comprising approximately 131 acres, together with the buildings and improvements located thereon for use as the site of said division of said institution. Conveyance of land.

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Section 2. All laws and parts of laws in conflict with the foregoing shall be and the same are hereby repealed. Approved March 31, 1937. GOATS AT LARGE PROHIBITED. No. 179. An Act to prohibit the running at large of goats in counties of this State having a population of not less than 21,500 and not more than 21,600, according to the United States census of 1930; to prescribe penalties for the violation of the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage and approval of this Act, it shall be unlawful for any person, firm or corporation to allow or permit any goat or goats, belonging to such person, firm or corporation, to run at large, or to range on lands belonging to another, unless such person, firm or corporation shall first have the written consent of the owner of such land permitting such, in counties of this State having a population of not less than 21,500 and not more than 21,600, according to the United States census of 1930. Consent required in certain counties. Section 2. Be it further enacted by the authority aforesaid, That a violation of this section shall be punished as for a misdemeanor in a court having jurisdiction thereof. Penalty. Section 3. Be it further enacted by the authority aforesaid, That all provisions of law with reference to the prohibition of animals running at large in counties requiring stock to be kept up, shall apply to goats in counties having a population of not less than 21,500 and not more than 21,600 according to the United States census of 1930. Laws as to animals at large.

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Section 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 16, 1937. GUARDIANS OF VETERANS AND MINORS. No. 495. To amend an Act approved August 5, 1929, entitled An Act to amend an Act approved October 9, 1885, entitled `An Act to authorize the ordinaries of the several counties of this State to appoint guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes,' as amended by an Act approved August 25, 1925, entitled `An Act to amend an Act approved October 9, 1885, entitled an Act to authorize the ordinaries of the several counties of this State to appoint guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes, so as to include within the provisions thereof veterans of the World War, incompetent to receive Government pensions and other funds; to provide for the appointment of guardians for such veterans; and for other purposes,' and to provide for the appointment of guardians for such veterans and to provide for the appointment of guardians for minor children of disabled or deceased veterans and the commitment of veterans, and to provide for the appointment of guardians for incompetent veterans, orphans of deceased veterans, and other incompetent and minor beneficiaries of the Veterans' Administration, and for other 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 2 of an Act approved August 5, 1929, entitled, An Act to amend an Act approved

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October 9, 1885, entitled `An Act to authorize the ordinaries of the several counties of this State to appoint guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes,' as amended by an Act approved August 25, 1925, entitled `An Act to amend an Act approved October 9, 1885, entitled an Act to authorize the ordinaries of the several counties of this State to appoint guardians for idiots, lunatics, and insane persons in certain cases therein provided, and for other purposes, so as to include within the provisions thereof veterans of the World War, incompetent to receive Government pensions and other funds; to provide for the appointment of guardians for such veterans; and for other purposes,' and to provide for the appointment of guardians for such veterans and to provide for the appointment of guardians for minor children of disabled or deceased veterans and the commitment of veterans, codified as Section 49-801 of the Code of Georgia of 1933, be and the same is hereby amended by adding to said section the following: The term `Veterans' Administration' means the United States Veterans' Administration, its predecessor or successors. The term `Administrator' means the Administrator of Veterans' Affairs or his successor. The term `incompetent' means a person of unsound mind, so that Section 2 of said Act, codified as Section 49-801 of the Code of Georgia of 1933, as amended will read as follows: Act of 1929 amended. As used in this chapter, the term `person' shall include a partnership, corporation, or an association; the term `Bureau' shall mean the United States Veterans' Bureau or its successor; the terms `estate' and `income' shall include only moneys received by the guardian from the Bureau and all earnings, interest, and profits derived therefrom; the term `benefits' shall mean all moneys payable by the United States through the Bureau; the term `Director' shall mean the Director of the United States Veterans' Bureau or his successor; the term `ward' shall mean a beneficiary of the

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Bureau; and the term `guardian' shall mean any person acting as a fiduciary for a ward. The term `Veterans' Administration' means the United States Veterans' Administration, its predecessor or successors. The term `Administrator' means the Administrator of Veterans' Affairs or his successor. The term `incompetent' means a person of unsound mind. Words defined. Section 2. Be it further enacted by the authority aforesaid, That Section 7 of said Act approved August 5, 1929, codified as Section 49-811 of the Code of Georgia of 1933, be and the same is hereby amended by striking the last sentence thereof and by adding to said section the following: Code, 49-811 amended. Such guardian shall list in each such account all the investments of his ward's funds showing therein the amount of each investment, date made, interest rate, date of maturity, dates and amounts of any liquidations, and dates and amounts of interest payments. A certified copy of each of such accounts filed with the court shall be sent by the guardian within 10 days after the account is filed to the office of the Veterans' Administration having jurisdiction over the area in which such court is located. No account shall be allowed or admitted to record for a period of 60 days following the date of the filing thereof, so that said Section 7 of said Act, codified as Section 49-811 of the Code of Georgia of 1933, as amended, will read as follows: Every guardian, who shall receive on account of his ward any money from the Bureau, shall file with the court annually, in the same manner as provided under the general law for guardians, a full, true and accurate account, on oath, of all moneys so received by him, of all disbursements thereof, and showing the balance thereof in his hands at the date of such account, and how invested. Such guardian shall list in each such account all the investments of his ward's funds showing therein the amount of each

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investment, date made, interest rate, date of maturity, dates and amounts of any liquidations and dates and amounts of interest payments. A certified copy of each of such accounts filed with the court shall be sent by the guardian within 10 days after the account is filed to the office of the Veterans' Administration having jurisdiction over the area in which such court is located. No account shall be allowed or admitted to record for a period of 60 days following the date of the filing thereof. Accounts of investments. Section 3. Be it further enacted by the authority aforesaid, That the Administrator or his authorized representative is and shall be a party in interest in any proceeding brought under any law of this State for the appointment or discharge of a guardian of a veteran or other beneficiary on whose account benefits are payable by the Veterans' Administration and the said Administrator or his authorized representative is and shall be an interested party in the administration of the estate of any such ward on whose account such benefits are payable or whose estate includes assets derived from benefits paid by the Veterans' Administration, its predecessor or successor. Written notice shall be given to the office of the Veterans' Administration having jurisdiction over the area in which the court is located of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the Veterans' Administration. Said notice shall include a copy of the petition or other pleading and shall be given at such time as to reach such office in due course of mail not less than 10 days before the date of such hearing or other proceeding, unless otherwise provided in this Act or in Chapter 49-8 of the Code of Georgia of 1933. Appointment or discharge. Parties. Notice. Section 4. Be it further enacted by the authority aforesaid, That the invalidity of any portion of this Act shall

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not affect the validity of any portion thereof which can be given effect without such invalid part. Invalidity. Section 5. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Except where inconsistent with this Act, the general guardianship laws of this State and the laws establishing the practice in such matters, including rights of appeal, shall be applicable to such wards and their estates. Approved March 31, 1937. HEALTH BOARD COOPERATION, MATERNAL AND CHILD HEALTH SERVICE. No. 348. An Act to authorize and empower the State Board of Health to cooperate with the Children's Bureau of the United States Department of Labor under Title 5, Part 1, for maternal and child health service; and with the Public Health Service of the United States Treasury Department under Title 6, for public health work of the Social Security Act, Public No. 271, 74th Congress, House Resolution 7260, approved August 14, 1935; to receive and expend grants of Federal or other money for the aforenamed purposes in accordance with such provisions and regulations made thereto; to designate the State Board of Health as the official agency of the State of Georgia for the administration of the above activities; for the repeal of all laws and parts of laws in conflict herewith; 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. The State Board of Health is hereby designated as the State agency for and shall have the power to

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establish and administer a program for services for the purpose of promoting the health of mothers and children; supervise the administration of those services included in the program, which are not administered directly by it; extend and improve any such services including maternal and child health services administered by local maternal and child health units, and including all such services in existence on the effective date of this Act; cooperate with medical nursing and welfare groups and organizations; and provide for the development of demonstration services; to cooperate with the Federal Government through its appropriate agency or instrumentality in developing, extending and improving such services; and receive and expend all funds made available to the Department by the Federal Government, the State or its political subdivisions or from other sources for such purposes. Program of services. Cooperation. Section 2. The State Board is hereby authorized and empowered to cooperate with the Public Health Service of the United States Treasury Department in establishing and maintaining adequate public health services as provided for in Title 6 of the Federal Social Security Act, Public No. 271, 74th Congress, House Resolution 7260, approved August 14, 1935, and as said Act of Congress may be amended hereafter. Section 3. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 27, 1937. HOSPITALS, CHARITABLECOUNTY AUTHORITY. No. 133. An Act to provide that in any county having a population of more than 200,000 population by the United States

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census of 1930, or any future census, the Board of Commissioners of Roads and Revenues, or the body of persons in charge of the business and financial affairs of the county, shall be authorized and have authority to take over by lease, contract, agreement, or otherwise the operation and maintenance of any public charitable hospital now maintained by any municipality located in said county; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, as follows: Section 1. In any county having a population of more than 200,000 by the United States census of 1930, or any future census, that Board of Commissioners of Roads and Revenues, or the officers or person charged with the duty of managing the business and financial affairs of such county, are authorized by agreement, lease, contract or otherwise, for a definite or indefinite term, to take over the management and operation for maintenance as a charge upon the county any public hospital now maintained and operated by any municipality located in such county. Authority to take over. Section 2. In the operation and maintenance of such hospital or hospitals, said county shall be authorized to receive donations and to receive contributions from municipalities who receive the benefits of said hospital services. Donations. Section 3. All laws and parts of laws in conflict with this law be and the same are repealed. Approved March 10, 1937. HOSPITAL SERVICENON-PROFIT CORPORATIONS. No. 379. An Act to provide for the chartering of non-profit corporations to be organized for the purpose of furnishing group

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hospital service and to provide for the method of operation, regulation and supervision of such corporations and of their contracts, and to provide for the State Department of Public Welfare to certify and approve and supervise the administration of the Act as administered by such corporations by contract with hospitals; 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. Incorporation. That from and after the passage of this Act any three or more persons upon petition to the Superior Courts of this State for a corporate charter, as is provided in Chapters 22-3 and 22-4 of the Code of Georgia, may be incorporated for the purpose of establishing, maintaining and operating a non-profit hospital service plan, whereby hospital care may be provided by said corporation through an established hospital or hospitals with which it has contracted for such care, as is hereinafter defined. Charters. Section 2. Applications. That such corporations when organized shall be authorized to accept applicants, who may become members of said corporations furnishing group hospital service under a contract, which shall entitle each member to such hospital care for such period of time as is provided therein; and that such corporations shall be governed by this Act and shall not be construed as being engaged in the business of insurance under the laws of this State. That such corporations organized and operated under the provisions of this Act shall not be required by any department of this State to post bond, or place up deposits with any department of this State to begin and/or operate under this Act and the provisions of Chapter 56-3 of the Code of Georgia of 1933, are hereby declared inapplicable to corporations organized and/or operated under this Act. Membership. No bond.

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Section 3. Corporations to be Non-Profit Organizations. That said corporations shall be governed and conducted as non-profit organizations, for the sole purpose of offering and furnishing hospital service to its members in consideration of the payment by such members of a definite sum for the hospital care so contracted to be furnished. The necessary expenses of administering the affairs of said corporations may be paid from the dues or payments collected. No profit. Section 4. Limitation of Territory. That each of such corporations shall be authorized to accept applications for membership therein from only such persons as reside within 50 miles of the principal office of such corporation. Territorial limit. Section 5. Limitation of Service. That each such corporation shall be authorized to accept applications for membership and to issue contracts only to persons residing in counties in which the hospital service plan of such corporation shall have been approved by the county medical society of such county. Service limit. Section 6. Authority of Corporations to Contract. That such corporations shall have the authority to contract with hospitals charging for services rendered, in such manner as to assure to each person holding a contract of said corporation the furnishing of such hospital care as may be agreed upon in the contract between said corporation and said member, with the right to said corporation to limit in said contract the types of diseases for which it shall furnish hospital care. Contracts. Section 7. Limitation Upon Authority to Contract and Operate. That said corporations shall have authority to contract with only such hospitals as may be recommended by the State Board of Health or the Medical Association of Georgia, or the Georgia Hospital Association, or the county medical society of that county, as being hospitals properly equipped and properly staffed to render the hospital

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service contracted for by said member or subscriber holding a contract of said corporation, which recommendation shall be made to the State Department of Public Welfare and which department shall certify and approve such hospitals applying therefor and recommended as above provided for, which may be found to be eligible for such certification as is above provided for; and the State Department of Public Welfare shall be charged with the supervision of the services rendered by hospitals operated under such plan with authority to withdraw approval from any hospital, which subsequently may under rules and regulations of the State Department become ineligible for rendering such services, provided that in fixing rules and regulations in this connection or in enforcing such rules and regulations, those hospitals interested therein shall be given equal opportunity to be heard and shall be given a fair and impartial hearing on any and all questions arising in connection with the services to be administered, or otherwise in the administering of this Act. Contract limitations. Section 8. Review of Disputes. Any dispute arising between a corporation subject to the provisions of this Act and any hospital with which such corporation has a contract for hospital services, as provided for herein, may be submitted to the State Department of Public Welfare for its decision with respect thereto, and such decision may be reviewed by proper proceedings in any court of competent jurisdiction. Decision of disputes. Section 9. Prohibition Against Contracting for Medical Services. That such corporations shall not contract to furnish to the member a physician or any medical services, nor shall said corporation contract to practice medicine in any manner, nor shall said corporation control or attempt to control the relations existing between said member and his physician, but said corporation shall confine its activities to rendering hospital service only through such type of hospitals as are in this Act specified, without restricting

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the right of the patient to obtain the services of any licensed doctor of medicine; and any hospital, which shall contract with such corporation for the furnishing of hospital care, shall accept a member or subscriber of said corporation with the physician of his choice in charge of his treatment at such hospital. Service contracts not allowed. Section 10. Personnel of Directors. That at least a majority of the directors of such corporation must be at all times directors, superintendents, or trustees of hospitals, as herein defined, which have contracted or may contract with such corporation to render its subscribers hospital service. Directors. Section 11. Supervision of Rates. That such corporations shall, before accepting applications for membership in said non-profit hospital service plan, submit to the State Insurance Commissioner a plan of operation and overhead expenses, operation cost, salaries paid or to be paid during any current year, together with a schedule of its or dues to be charged and the amount of hospital service contracted to be rendered; which plan, rates and amount of service shall first be approved by the Insurance Commissioner as fair and reasonable before said corporation shall engage in business. Rates. Section 12. Approval of Rates. That the Insurance Commissioner shall likewise first approve the rates of payment to be made by said corporations to hospitals for the rendering of hospital care to the members of said corporation as being reasonable and just. Said hospitals shall guarantee the benefits of the certificates of membership issued by the corporation in such a way as will be satisfactory to the Insurance Commission and Public Welfare Department. Approval of rates. Guaranty. Section 13. Membership Certificates. That every such corporation shall issue to its members certificates of membership, set forth the contract between the corporation and

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the member, and give the name or names and location of hospital or hospitals at which the member shall be entitled to hospital service, and the period of such service, and the rate per day or week payable by said corporation for hospital service rendered to said member at any hospital other than the hospitals with which said corporation shall have contracted. Certificates of membership. Section 14. Bond of Treasurer. That the treasurer of such corporation shall be required to give a fidelity bond with corporate surety in such sum as may be determined by the officers of said corporation for the faithful handling of the funds of said corporation and all funds collected from members or subscribers of said corporation shall be deposited to the account of said corporation in a bank, which is a State depository. Treasurer's bond. Section 15. Finance Procedure. That said corporations shall not pay any of the funds collected from members or subscribers to any hospital until after said hospitals shall have rendered the necessary hospital care to such subscriber or member. Payments. Section 16. Reports to Insurance Commissioner. That every such corporation shall annually on or before the first day of March file in the office of the Insurance Commissioner a statement verified by at least two of the principal officers of said corporation, showing its condition on the 31st day of December, then next preceding, which statement shall be in such form and shall contain such matters as the Insurance Commissioner shall prescribe. Reports. Section 17. Examination of Books and Records. That every such corporation shall keep complete books and records, showing all funds collected and disbursed, and all books and records shall be subject to examination by the

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Insurance Commissioner annually, the expense of such examination to be borne by said corporation. Records, examination of. Section 18. Definition as Charitable and Benevolent Institutions. That every corporation subject to the provisions of this article is hereby declared to be a charitable and benevolent institution and shall be exempt from all taxes as such charitable and benevolent institutions are now or may hereafter be exempt from taxes. Any and all supervision, liquidation or examination of the affairs of any such corporation by the Insurance Commissioner shall be at the expense of such corporation; the expense of supervising, licensing and approving of hospitals by the State Department of Public Welfare under the terms of this Act shall be borne by such hospitals under regulations provided by said Department. Definition. Section 19. Dissolution. That any dissolution or liquidation of any such corporation subject to the provisions of this Act shall be under the supervision of the Insurance Commissioner. In case of dissolution of any group formed under the provisions of this Act, certificate holders of such group shall be given priority over all other claims except cost of liquidation. Dissolution of corporation. Section 20. Separability Clause. That if any section of the provision of this Act be decided by the courts to be unconstitutional or invalid, the same shall not affect the Act as a whole, nor any part thereof, other than the part so decided to be unconstitutional or invalid. Provided, that any doctor licensed by the State of Georgia be permitted to attend any individual paying insurance if the individual wishes. Unconstitutionality. Section 21. Repeal of Laws. That all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937.

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HOUSING COOPERATION LAW. No. 499. To authorize cities, towns, counties, and other public bodies to aid housing projects of housing authorities or of the United States of America, by furnishing parks, playgrounds, streets, and other improvements and facilities, by exercising certain other powers and by making agreements relating to such aid; to authorize cities, towns, counties and other political subdivisions to contract with respect to the sums to be paid them for improvements, services, and facilities to be provided for the benefit of housing projects and the occupants thereof; to require certain cities and counties to make an appropriation for the first year's administrative expenses of housing authorities; and to authorize certain cities, towns and counties to pay moneys to housing authorities; to establish a State Housing Authority Board and to define its authority. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Short Title. This Act may be referred to as the Housing Cooperation Law. Citation. Section 2. Finding and Declaration of Necessity. It has been found and declared in the Housing Authorities Law that there exist in the State unsafe and insanitary housing conditions and a shortage of safe and sanitary dwelling accommodations for persons of low income; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; and that the public interest requires the remedying of these conditions. It is hereby found and declared that the assistance herein provided for the remedying of the conditions set forth in

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the Housing Authorities Law constitutes a public use and purpose and an essential governmental function for which public moneys may be spent, and that the provisions hereinafter enacted are necessary in the public interest. Declaration of public necessity and use. Section 3. Definitions. The following terms, whenever used or referred to in this Act shall have the following respective meanings, unless a different meaning clearly appears from the context: Words defined. (a) Housing Authority shall mean any housing authority created pursuant to the Housing Authorities Law of this State. (b) Housing Project shall mean any work or undertaking of a housing authority pursuant to the Housing Authorities Law or any similar work or undertaking of the Federal Government. (c) State Public Body shall mean any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of the State. (d) Federal Government shall mean the United States of America, the Federal Emergency Administration of Public Works, or any other agency or instrumentality, corporate or otherwise, of the United States of America. Section 4. Cooperation in Undertaking Housing Projects. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any State Public Body may upon such terms, with or without consideration, as it may determine: (a) Dedicate, sell, convey or lease any of its property to a housing authority or the Federal Government; Cooperative authority. (b) Cause parks, playground, recreational or community facilities, or any other works which it is otherwise empowered

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to undertake, to be furnished adjacent to or in connection with housing projects; (c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake; (d) Plan or replan, zone or rezone any part of such State Public Body; make exceptions from building regulations and ordinances; any city or town also may change its map; (e) Enter into agreements, (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with a housing authority or the Federal Government respecting action to be taken by such State Public Body pursuant to any of the powers granted by this Act; and (f) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects. (g) With respect to any housing project which a housing authority has acquired or taken over from the Federal Government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no State Public Body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction. (h) In connection with any public improvements made by a State Public Body in exercising the powers herein granted, such State Public Body may incur the entire expense thereof. Any law or statute to the contrary notwithstanding, any sale, conveyance, lease or agreement provided for in this section may be made by a State Public Body

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without appraisal, public notice, advertisement or public bidding. Section 5. Contracts for Payments for Services. In connection with any housing project located wholly or partly within the area in which it is authorized to act, any State Public Body may contract with a housing authority or the Federal Government with respect to the sum or sums (if any) which the housing authority or the Federal Government may agree to pay, during any year or period of years, to the State Public Body for the improvements, services and facilities to be provided by it for the benefit of said housing project or the persons residing on or occupying such premises, but in no event shall the amount of such payments exceed the estimated cost to the State Public Body of the improvements, services or facilities to be so supplied; Provided, however, that the absence of a contract for such payments shall in no way relieve State Public Bodies from the duty to furnish, for the benefit of said housing project and the persons residing on or occupying said premises, customary improvements and such services and facilities as State Public Bodies, respectively, usually furnish without a service fee. Contracts and payments for services. Section 6. Advances to Housing Authority. When any housing authority which is created for any city, or county becomes authorized to transact business and exercises its powers therein, the council or the county commissioners (as the case may be), shall immediately make an estimate of the amount of money necessary for the administrative expense and overhead of such housing authority during the first year thereafter, and shall appropriate such amount to the authority out of any moneys in such city or county treasury not appropriated to some other purposes. The moneys so appropriated shall be paid to the authority as a donation. Any city, town or county located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to the

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authority or to agree to take such action. The housing authority, when it has money available therefor, shall make reimbursement for all such loans made to it. Estimates and advances. Section 7. Procedure for Exercising Powers. The exercise by a State Public Body of the powers herein granted may be authorized by resolution of the council or other governing body of such State Public Body adopted by a majority of the members of its council or other governing body present at a meeting of said governing body, which resolution may be adopted at the meeting at which such resolution is introduced. Such a resolution or resolutions shall take effect immediately and need not be laid over or published or posted. There is hereby created a State Housing Authority Board consisting of five members, to wit: The State Treasurer, State School Superintendent, Secretary of State, Chairman of the State Planning Board and the Governor as an ex-officio member. The authorities in the municipalities or counties authorized to be established under the terms of this Act shall, after the adoption of the resolution provided for herein concerning the various subject matters of this Act, shall forward a copy of said resolution to the State Housing Authority Board together with a complete analysis of the projects to be undertaken, in such manner as may be prescribed by said State Housing Authority Board and none of the local subdivisions of this authority shall be permitted to exercise any of the duties and privileges, or do any of the acts or things authorized herein, without first securing the approval of the State Housing Authority Board. No project shall be undertaken without such approval of said State Housing Authority Board and said Board shall have the right of refusal and the ultimate power to veto any act or project of any public body or local Housing Authority Board as defined in this Act. Exercise of powers. Section 8. Supplemental Nature of Act. The powers conferred by this Act shall be in addition and supplemental to the powers conferred by any other law. Added powers.

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Section 9. Severability. In the event that any part of this Act be declared unconstitutional only that part so declared shall be affected and the remainder of said Act shall continue of force. Constitutionality. Approved March 31, 1937. INSURANCE COMMISSIONER'S INVESTIGATORS. No. 402. An Act to authorize the Insurance Commissioner to appoint such investigators for the activities and business of insurance companies doing business in the State of Georgia as the Insurance Commissioner may deem necessary, and to pay them reasonable compensation therefor. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. The Insurance Commissioner is authorized to appoint such investigators as in his discretion he may determine to be necessary to effectively investigate the activities and business of all insurance companies of every kind doing business within the State of Georgia. Such investigators shall be continued in office for for such term and at such compensation as the exigencies of the Department may, in the discretion of the Commissioner, warrant and require. Appointment of investigators. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. INSURANCELIFE-POLICY CONTRACTS. No. 404. An Act to define contracts of life insurance; to provide that persons, firms or corporations issuing such contracts

Page 703

shall be subject to the laws regulating life insurance companies; to prescribe penalties for violations of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That a contract of life insurance is one whereby the insurer, for a consideration, assumes an obligation to be performed upon the death of the insured, or upon the death of another in the continuance of whose life the insured has an interest, whether such obligation be one to pay a sum of money, or to perform services, or to furnish goods, wares or merchandise or other thing of value, and whether the cost or value of the undertaking on the part of the insurer be more or less than the consideration flowing to him. Contract defined. Section 2. Every person, firm or corporation writing or issuing contracts of life insurance, as defined in the foregoing section, shall be deemed to be engaged in the business of life insurance and shall be subject to all of the provisions of the laws of Georgia regulating life insurance companies. Regulation of business. Section 3. Any person, firm, or corporation who shall write or issue contracts of insurance, as defined by this Act, before complying with the laws of Georgia regulating life insurance companies, or before obtaining a license from the Insurance Commissioner of Georgia, shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law. License. Penalty. Section 4. Section 56-901 of the Code of Georgia of 1933, which defines contracts of life insurance, is hereby repealed. Code, 56-901 repealed. Approved March 31, 1937.

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INSURANCE OF PLATE-GLASS. No. 498. An Act to amend an Act entitled an Act to provide for the organization of, or the regulation and taxation on incorporated mutual or cooperative fire insurance companies, providing a penalty for any violation hereof, and repealing all Acts or parts of Acts in conflict herewith; approved August 17, 1923, by adding at the end of Section 6 the following: (b) Plate-Glass Insurance. Against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage 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 the Act approved August 17, 1923, entitled To provide for the organization of, or the regulation and taxation of incorporated mutual or cooperative fire insurance companies, providing a penalty for any violation hereof, and repealing all Acts or parts of Acts in conflict herewith be amended by adding at the end of Section 6 the following: (b) Plate-Glass Insurance. Against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof, so that said section, when amended, shall read as follows: Act of 1923 amended. Section 6. Be it further enacted, That any company organized under the provisions of this Act is empowered and authorized to make contracts of insurance or reinsurance or accept reinsurance of any portion thereof to the extent specified in its articles of incorporation for the kind of insurance following: Fire Insurance. Against loss or damage to property and loss of the use and occupancy by fire, lightning, hail, tempest, flood, earthquake, explosion, fire ensuing, against loss or damage to person or property occasioned by the

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operation of duly licensed public service motor vehicles and automobiles. Kinds of insurance. (b) Plate-Glass Insurance. Against loss or damage to glass and the lettering or ornamentation thereon by the accidental breakage thereof. Plate glass. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. INSURANCE POLICIESASSIGNMENT. No. 399. An Act relating to policies of incorporated mutual or cooperative fire insurance companies in certain cases: When any policy of insurance issued by any incorporated mutual or cooperative fire insurance company chartered or transacting business under the laws of this State is assigned as collateral security for the payment of a debt or made payable to a mortgagee or other creditor, it shall be unlawful for such company to insert in such policy or attach thereto by rider a provision or provisions whereby any or all conditions of the policy which work a suspension of forfeiture shall be waived in such case for the benefit of the assignee mortgagee or other creditor. Unlawful insertion in policy. Approved March 30, 1937. INSURANCEPREFERENCE ON LIQUIDATION. No. 152. An Act to amend an Act, approved March 28, 1935, (Georgia Laws 1935, page 149), pertaining to deposits

Page 706

required of fire, marine, and inland insurance companies by adding and including the words and life, casualty, indemnity after the word marine and before the word and in the first line of the first section of said Act; and after the word marine and before the word and in the eighth line of the first section of the said Act; and after the word marine and before the word and in the thirteenth line of the first section of the said Act; to provide that in all cases where a domestic or nonresident life insurance company is being liquidated under receivership, or otherwise, the policyholding claimants shall have preference over any common or unsecured claims; and for other 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, approved March 28, 1935, (Georgia Laws 1935, page 149), shall be amended by adding and including the words and life, casualty, indemnity after the word marine and before the word and in the first line of the first section of said Act; and after the word marine and before the word and in the eighth line of the first section of the said Act; and after the word marine and before the word and in the thirteenth line of the first section of the said Act; so that said section as amended shall read as follows: Act of 1935 amended. All fire, marine, and life, casualty, indemnity 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 first value of $10,000.00. Provided, that fire, marine, and life, casualty, indemnity and inland insurance companies chartered by other states or foreign governments,

Page 707

which have a paid up or issued capital stock in excess of $500,000.00 shall deposit said bonds, in an amount equal to two per centum of the gross annual premiums derived from business written on Georgia property, but in no case shall such amount be less than $10,000.00 nor more than $25,000.00; 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 owner 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. Provided, that in all cases where a domestic or non-resident life insurance company is being liquidated under receivership, or otherwise, that policy holding claimants shall have preference over any common or unsecured claim, or claims in the disbursement of the assets through liquidation. Additional terms. Section 1-A. Provided, that no casualty company, now or hereafter doing business in this State, who as a condition precedent to, or in connection with the writing or offering to write other forms or kinds of insurance, other than casualty, has deposited with the State Treasurer, bonds in amount equal to the requirements of this Act, shall be required to make no further or additional deposit hereunder. And Provided, further, that such deposits heretofore or hereafter made shall be subject to any judgment rendered against such company or companies. Proviso as to casualty insurers.

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Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 11, 1937. INTERESTATE COOPERATION COMMITTEE. No. 124. An Act to establish a Committee on Interestate Cooperation; to provide for the manner of appointing or electing members of said Committee; to prescribe the powers, duties and functions of said Committee; to provide for the payment of necessary expenses incurred by such Committee in carrying out the provisions of this Act, for the employment and payment of a secretary and stenographer and authorizing contributions to the Council of State Governments; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby established a standing committee of the Senate of this State, to be officially known as the Senate Commitee on Interstate Cooperation, and to consist of five Senators. The members and the chairmen of this Committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. In addition to the regular members, the President of the Senate shall be ex-officio an honorary nonvoting member of this Commitee. Legislative standing committee of Senate. Section 2. There is hereby established a similar standing committee of the House of Representatives of this State, to be officially known as the House Committee on Interstate Cooperation, and to consist of five members of the House of Representatives. The members and the chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other

Page 709

standing committees of the House of Representatives. In addition to the regular members, the Speaker of the House of Representatives shall be ex-officio an honorary nonvoting member of this committee. Of House. Section 3. There is hereby established a committee of administrative officials and employees of this State to be officially known as the Governor's Committee on Interstate Cooperation, and to consist of five members. Its members shall be: The Comptroller-General, ex-officio; the Attorney-General, ex-officio; the Secretary of State, ex-officio; and two other administrative officials or employees to be designated by the Governor. The Governor shall appoint one of the five members of this Committee as its chairman. In addition to the regular members, the Governor shall be ex-officio an honorary nonvoting member of this Committee. Governor's Committee. Section 4. There is hereby established the Georgia Commission on Interstate Cooperation. This Commission shall be composed of fifteen regular members, namely: Georgia Commission. The five members of the Senate Committee on Interstate Cooperation, The five members of the House Committee on Interstate Cooperation, and Membership. The five members of the Governor's Committee on Interstate Cooperation. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall be ex-officio honorary nonvoting members of this Commission. The Chairman of the Governor's Committee on Interstate Cooperation shall be ex-officio Chairman of this Commission. Section 5. The said standing committee of the Senate and the said standing committee of the House of Representatives shall function during the regular sessions of the Legislature and also during the interim periods between

Page 710

such sessions; their members shall serve until their successors are designated; and they shall respectively constitute for this State the Senate Council and House Council of the American Legislators' Association. The incumbency of each administrative member of this Commission shall extend until the first day of February next following his appointment, and thereafter until his successor is appointed. Function. Incumbency. Section 6. It shall be the function of this Commission: (1) To carry forward the participation of this State as a member of the Council of State Governments. Statement of functions. (2) To encourage and assist the legislative, executive, administrative and judicial officials and employees of this State to develop and maintain friendly contact by correspondence, by conference, and otherwise, with officials and employees of the other States, of the Federal Government, and of local units of government. (3) To endeavor to advance cooperation between this State and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating (a) The adoption of compacts, (b) The enactment of uniform or reciprocal statutes, (c) The adoption of uniform or reciprocal administrative rules and regulations, (d) The informal cooperation of governmental offices with one another, (e) The personal cooperation of governmental officials and employees with one another, individually, (f) The interchange and clearance of research and information, and (g) Any other suitable process.

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(4) In short, to do all such acts as will, in the opinion of this Commission, enable this State to do its partor more than its part, in forming a more perfect union among the various governments in the United States and in developing the Council of State Governments for that purpose. Section 7. The Commission shall establish such delegations and committees as it deems advisable, in order that they may confer and formulate proposals concerning effective means to secure inter-governmental harmony, and may perform other functions for the Commission in obedience to its decisions. Subject to the approval of the Commission, the member or members of each such delegation or committee shall be appointed by the Chairman of the Commission. State officials or employees who are not members of the Commission on Interstate Cooperation may be appointed as members of any such delegation or committee, but private citizens holding no governmental position in this State shall not be eligible. The Commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such delegation or committee. The Commission may provide for advisory boards for itself and for its various delegations and committees, and may authorize private citizens to serve on such boards. Delegation of powers. Rules. Section 8. The Commission shall report to the Governor and to the Legislature within fifteen days after the convening of each regular legislative session, and at such other times as it deems appropriate. Its members and the members of all delegations and committees which it establishes shall serve without compensation for such service. Reports. Section 9. The Committees and the Commission established by this Act shall be informally known, respectively, as the Senate Cooperation Committee, the House Cooperation Committee, the Governor's Cooperation Committee and the Georgia Cooperation Commission. Designation.

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Section 10. The Council of State Governments is hereby declared to be a joint governmental agency of this State and of the other States which cooperate through it. Governmental agency. Section 11. The Secretary of State shall forthwith communicate the text of this measure to the Governor, to the Senate, and to the House of Representatives, of each of the other States of the Union, and shall advise each Legislature which has not already done so that it is hereby memorialized to enact a law similar to this measure, thus establishing a similar commission, and thus joining with this State in the common cause of reducing the burdens which are imposed upon the citizens of every State by governmental confusion, competition and conflict. Communication to other States. Section 12. This Act shall take effect immediately. Section 13. If any clause or other portion of this Act is held to be invalid, that decision shall not affect the validity of the remaining portions of this Act. The Legislature hereby declares that all such remaining portions of this Act are severable, and that it would have enacted such remaining portions if the invalid portions had not been included in this Act. Invalidity. Section 14. All laws and parts of laws in conflict with this Act, be and the same is hereby repealed. Approved March 8, 1937. JUNE GENERAL STATE ELECTION. No. 54. An Act to create and establish a State-wide general election in addition to those elections now provided for under existing laws, to provide how and when held, to provide for what purposes such general election shall be held; and for other purposes.

Page 713

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. Creation of June General Election. In addition to the general election created under and by virtue of an Act approved August 14, 1914 (Acts 1914, pages 47-48), there is hereby created and established a State-wide general election to be known as the June general election which shall be held biennially on Tuesday after the first Monday in June, beginning on the above date in 1937, which election shall be held in the same manner, with the same formality, and in accordance with all rules and regulations in existence in holding the November general election, and which June general election shall be held in every county and every Militia District therein in the State for the purposes hereinafter specified in detail in this Act. Added general election in June. Section 2. June General Election Designated for Filling Vacancies. The June general election herein created is hereby designated as being the election in which vacancies shall be filled in any and all State and county offices, which vacancies may have occurred by reason of the death or resignation of the incumbent or nominee therefor, or otherwise, since the last preceding general election, except that special elections to fill vacancies may still be held under and pursuant to Chapter 34-17 of the 1933 Code of Georgia, whenever such special election may be more expedient, and may best serve the interests of the State or any county thereof, by filling any such vacancy at an earlier date than is provided for in this section. How comprehensive. Section 3. Ratification or Rejection of Constitutional Amendments and Referendums. At the June general election herein created there shall be submitted to the qualified voters of the State for ratification or rejection any and all Constitutional amendments to the Constitution of Georgia, and any and all referendums which may have been enacted

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and proposed by the General Assembly of Georgia, at any session of such General Assembly since the last November general election, and preceding such June general election, provided that sufficient time between enactment by the General Assembly and approval by the Governor, and the date of holding the June general election exists in which to advertise such Constitutional amendment, or amendments, or referendum, as is provided by law. Proposals to amend the Constitution. Section 4. Repeal of Existing Laws. All provisions of the law in conflict with this Act are hereby repealed. Approved February 24, 1937. JURY COMMISSIONERS' AND CLERKS' PAY. No. 468. An Act to provide for the compensation of Jury Commissioners and their Clerks in certain counties of the State of Georgia; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Jury Commissioners and their Clerks in all counties of this State having a population according to the United States Census of 1930 of not less than 32,693 and not more than 32,703, and all future census, shall be paid five dollars ($5.00) each for every day's service in revising the jury boxes and jury list for such counties. Said compensation to be paid from the county treasury. Pay for service in certain counties. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act, and especially the conflicting portions of Section 1138 of the Penal Code of Georgia, be and the same are hereby repealed. Repeal. Approved March 30, 1937.

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LIBRARIES, GOVERNMENT OF. No. 512. An Act to amend an Act approved March 20, 1935, entitled An Act to provide for the establishment and maintenance of libraries and for other purposes, by extending the provisions of Section 1 thereof to libraries maintained by municipalities but operated by boards of trustees or other officials; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That Section 1 of the Act of the General Assembly approved March 20, 1935, entitled, An Act to provide for the establishment and maintenance of libraries; and for other purposes, be and it is hereby amended by inserting at the end of the eighth line of said section after the word, libraries, the following words: operated either by their own governing bodies or by boards of trustees or other officials, and by adding at the end of said section the following words: Provided, however, that any such contract or cooperative agreement relating to a library maintained by a municipality, but operated by a board of trustees or other officials, shall be made by the governing body of such political subdivision with both the governing body of any such municipality and the board of trustees or other officials through whom such library so maintained by such municipality is operated; so that said section when so amended shall read as follows: Act of 1935 amended. Section 1. Under the provisions of this Act political subdivision, 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

Page 716

corporations as may be already maintaining libraries, operated either by their own governing bodies or by boards of trustees or other officials, 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; Provided, however, that any such contract or cooperative agreement relating to a library maintained by a municipality, but operated by a board of trustees, or other officials, shall be made by the governing body of such political subdivision with the governing body of any such municipality and the board of trustees, or other officials through whom such library so maintained by such municipality is operated. Authority. Contracts. Section 2. Be it further enacted by the aforesaid authority, That all laws or parts of laws in conflict herewith are hereby repealed. Approved March 31, 1937. LIVE STOCK REGULATIONS. No. 383. An Act to regulate the buying and selling of live stock in the State of Georgia; to provide for the licensing of live stock dealers by the ordinary of the county of the residence of such dealers; to define dealers in live stock; to provide for fees of the ordinary for such licensing; to prohibit the buying for resale or selling of stock bought for resale by any unlicensed dealer; to provide that every dealer in live stock purchasing any animals for resale or for the purpose of slaughtering shall keep a record of the license number of the seller as the license number of the truck or automobile of the seller and the number and kind of animals so purchased and the date of the purchase;

Page 717

to regulate the business of transporting and hauling live stock along the public highways of the State of Georgia by dealers; to provide that dealers in live stock, their agents and employees cannot buy or sell live stock after sunset or before sunrise, except at an abattoir, public slaughter pen, packing house, meat market or public stockyard. To provide penalties for the violation of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. Any person, firm, or corporation engaged, or who hereafter engages, in buying live stock of any kind for resale, or in selling live stock of any kind bought for the purpose of resale, is defined to be a dealer in live stock within the meaning of this Act. Dealers. Section 1-A. Live stock, within the meaning of this Act, shall be construed to include only cows, hogs, goats and sheep. Words limited. Section 2. Every dealer in live stock shall before engaging in such occupation, register with the ordinary of the county of his residence and obtain a license from such ordinary, who shall require from said dealer a statement of his name, age, and place of residence, and in the case of a corporation, a statement of the location of its principal office. Any dealer moving to another county shall be required to obtain a license in that county. The ordinary shall be entitled to receive a fee of five ($5.00) dollars for issuing such license. License. Section 3. It shall be unlawful for any person, firm or corporation, from and after the passage of this Act, to buy live stock for the purpose of resale or to sell live stock theretofore bought for the purpose of resale, without first having registered and obtained a license as herein provided. Any person, firm, or corporation guilty of violation of this

Page 718

Act shall be guilty of a misdemeanor, and shall be punished as provided in the Code for the punishment of misdemeanor. Unlawful acts. Penalty. Section 4. Any dealer in live stock as defined in Section 1 of this Act purchasing any animals for resale or for the purpose of slaughtering the same shall at the time of purchase, make a record of the license number of the seller as well as the license number of the truck or automobile of the seller and the date of purchase, and the number and kind of animals so purchased, which said record shall be kept available to public authorities for at least twelve (12) months after the purchase. Record. Section 5. That it shall be unlawful for any dealer, his agent or employee, to drive, haul, or otherwise transport any live stock along or upon any public road or highway in the State of Georgia unless such dealer, or his agent or employee, shall have in his or their possession accompanying such hauling or transportation the license provided for in Section 2 of this Act. Said dealer or his agent or employee or other person in charge of such live stock shall, on demand, exhibit said license to any sheriff, deputy sheriff, constable, or other peace officer of the State. Unlawful transportation. Section 6. That it shall be unlawful for any such dealer, his agent, or employee, to buy or sell such live stock at any time after sunset or before sunrise; Provided, however, that any such dealer, his agent or employee, may buy or sell such live stock at an abbatoir, public slaughter pen, packing house, meat market, or public stockyard at any time. Buying or selling. Section 7. All licenses shall expire on the first day of June in each year, but may be renewed from year to year, pursuant to the terms of this Act. Licenses. Section 8. Any person who has been found guilty of the larceny of any animal, after the judgment therefor has become final, shall be ineligible to receive another license, and

Page 719

any license theretofore issued to him, or thereafter shall be absolutely void, and if any such person shall thereafter buy live stock for the purpose of resale, or sell live stock theretofore bought for the purpose of resale, he shall be guilty of a violation of this Act and punished as such. Violations. Section 9. Any license fees authorized by this Act shall be in addition to other license charges now or hereafter provided by law for the State, or any county, city or town thereof. Fees additional. Section 10. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 31, 1937. MATTRESSESSANITARY REGULATIONS. No. 472. An Act to improve the sanitary condition of the manufacture of mattresses and bedding, upholstered furniture; to define the meaning of certain words, phrases and terms used in said Act; to provide that the authority to enforce the provisions of said Act shall be in the Department of Public Health, under the management and control of the Board of Health; to provide an inspection or license fee for persons engaged in making, remaking or renovating mattresses; to provide the requirement fees for persons applying to the Board of Health for license; to provide that persons receiving a mattress for renovation or storage shall attach thereto a tag, showing date of receipt, name and address of owner; to provide for a tag and an adhesive stamp to be attached to mattresses made, renovated or sold; to fix the price of adhesive stamps; to regulate the size and contents of the tag to be attached to such mattresses; to appropriate and provide for the expenditures of all moneys collected by the Board of Health

Page 720

under the provisions of this Act; to provide the powers of the Board of Health with reference to the enforcement of this Act; to provide what shall be prima facie evidence of the intent to sell or sterilize and sell; to provide that if any provision of the Act is held unconstitutional that it shall not affect the other provisions; to provide what shall constitute violation of the Act; to repeal all laws and parts of laws in conflict with this Act; 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. Unless the context clearly discloses a different meaning the following words, phrases and terms as used in this Act shall have the following meaning: The word mattress means: Any mattress, upholstered spring, comforter, pad, cushion, upholstered furniture or pillow used for sleeping, and not smaller than twelve inches in its greatest dimensions. Meaning of words. The word person means: Any individual, corporation, partnership or association. The term new material means: Any material which has not been used in the manufacture of another article or used for any other purpose. The term previously used material means: (a) Any material which has been used in the manufacture of another article or used for any other purpose; (b) any material made into thread, yarn or fabric and subsequently torn, shredded, picked apart, or otherwise disintegrated, including jute and shearings. The word sell or sold shall, in the corresponding tense, include: Sell, offer to sell, or deliver or consign in sale, or possess with intent to sell, deliver or consign in sale.

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The word sweeps or oily-sweeps as used in the cotton waste trade shall be construed to mean mill floor sweepings and shall be classed as previously used material. The word felt shall mean: Material which has been carded in layers by a Garnett machine. All words shall include plural and singular as the context demands. Section 2. Be it further enacted by the authority aforesaid, That the Department of Public Health, under the management and control of a Board of Health, through its duly authorized representatives, is hereby authorized and empowered to enforce all of the provisions of this Act and the words Board of Health shall be construed to include any duly authorized representative thereof. Health department. Section 3. Be it enacted by the authority aforesaid, That no person, except for his own use, shall make, remake or renovate mattresses until he has secured a license from the Board of Health and paid a license fee of twenty-five ($25.00) dollars therefor; said license shall be valid for the calendar year in which issued or until voided by a violation of this Act. Provided a plant or place of business owned solely by blind persons in which place of business not more than one seeing assistant is employed in the manufacture or renovation of mattresses shall not be required to pay the tax herein provided or any other charges or taxes levied or to be collected under this Act. License to remake, etc. Fee. Section 4. Be it enacted by the authority aforesaid, That every person applying to the Board of Health for a license to make, remake or renovate mattresses shall furnish said Board a detailed drawing and description of any sterilizing apparatus and process to be used, which apparatus and process shall meet with the approval of the Board of Health before the applicant shall be entitled to a license, and no person shall in making, remaking or renovating a

Page 722

mattress for another person, use any previously used material which, since last used, was not sterilized by a process so approved by the Board of Health and no person shall sell a used mattress unless sterilized, since last used, by a process so approved by the Board of Health, provided that nothing in this Act shall be construed so as to prevent a public sale under due process of law or a sale by an executor or an administrator of an estate. Approval of description. Sterilized materials. Sales. Section 5. Be it further enacted by the authority aforesaid, That any person who receives a mattress for renovation or storage shall keep attached thereto, from time he receives it, a tag on which is legibly written the notice of receipt and the name and address of the owner. Tags attached. Section 6. Be it further enacted by the authority aforesaid, That no person shall make, remake, renovate or sell mattresses to which is not securely sewed a cloth or cloth-backed tag at least two by three inches in size to which is affixed an adhesive stamp, said adhesive stamp shall be provided and furnished by the Board of Health in lots of not less than two hundred and fifty to any one person at a time at a cost of five ($5.00) dollars per two hundred and fifty (250) stamps. Provided State Institutions engaged in the manufacture of mattresses for their own use or the use of any other State Institution of this State shall not be required to use such stamps. Stamps. Section 7. Be it further enacted by the authority aforesaid, That the cloth or cloth-backed tags provided for in Section 6 shall be legibly stamped or printed with ink in the English language (a) the name of the material or materials used to fill such mattresses; (b) the name and address of the maker or vendor of the mattress; (c) the words Made of New Materials if such mattress contains no previously used material; or the words Made of Previously Used Material if such mattress contains any material classified as Previously Used Material; or the

Page 723

words Second Hand on any mattress which has been previously used but not remade. The words so stamped shall be in letters at least one-eighth of an inch high and the tag shall contain nothing of a misleading nature and shall be sewed to the outside cover of every mattress being manufactured before the filling material has been placed therein, and no person, other than a purchaser for his own use shall remove from a mattress or deface or alter the tag required by this Act. Details to be stamped. Section 8. Be it further enacted by the authority aforesaid, That all money collected under this Act shall be paid to the Board of Health and be placed in a special fund, the same being hereby appropriated to the Department of Public Health for the purpose of the enforcement of this Act. The Board of Health being hereby authorized to use a sum not exceeding twenty-five (25%) per cent. of the total amount collected for supervision and general expenses of the Department of Public Health and to expend the remainder of said moneys so collected for (a) salaries and expenses of inspectors and other employees who may be appointed and/or employed by the Board of Health to enforce the provisions of this Act. Use of money collected. Section 9. Be it further enacted by the authority aforesaid, That the Board of Health is hereby authorized and empowered in the enforcement of this Act to inspect, or by its duly authorized inspectors or representatives to have inspected every place where mattresses are made, remade, renovated or sold or where material, which is used in the manufacture of mattresses, is mixed, worked or stored, and when a duly authorized representative of the Board of Health has evidence or good reason to believe that a mattress is not tagged or filled as required by this Act, he shall have authority to open a seam of such mattress for the purpose of examining the filling and shall likewise have authority and power to examine any purchase records or

Page 724

invoices necessary to determine the kind of material used in such mattress, and he shall have power to seize and hold for evidence any mattress or material made, possessed or offered for sale contrary to the provisions of this Act. The Board shall have power to require any person supplying material to a mattress manufacturer to furnish such manufacturer an itemized invoice of all materials so furnished. The manufacturer shall keep such invoice on file for one year, subject to the inspection of the Board of Health or any authorized representative thereof. Inspections. Section 10. Be it further enacted by the authority aforesaid, That any person who fails to comply with the provisions of this Act, or who counterfeits the stamp provided in Section 6 of this Act, shall be guilty of a violation hereof, and each stamp so counterfeited and each mattress made, remade, renovated or sold contrary to this Act shall be a separate and distinct violation and offense. The Board of Health shall have power to revoke the license of any person convicted a second time of violating this Act. A new license shall not be issued to the offending person during a period of not less than six months after such a revocation, and then only upon a payment of another inspection fee of twenty-five ($25.00) dollars for a new license. Violations of this Act. Revocation. New license. Section 11. Be it further enacted by the authority aforesaid, That the possession of one or more articles covered by this Act, when found in any store, warehouse or place of business other than a private home, hotel or other place where such articles are ordinarily used, shall constitute prima facie evidence that the article or articles so possessed are possessed with intent to sell or sterilize and sell the same. Possession unlawful. Section 12. Be it further enacted by the authority aforesaid, That if any of the sections or provisions of this Act are held to be unconstitutional, the same shall not affect the remaining sections or provisions hereof. Constitutionality.

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Section 13. Be it further enacted by the authority aforesaid, That any person who violates the provisions of this Act shall, upon conviction thereof, be adjudged guilty of a misdemeanor and fined not more than fifty ($50.00) dollars or imprisoned for a term of not longer than three months, either or both, in the discretion of the court. Violation a misdemeanor. Section 14. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. MILK REGULATIONS AND TAX. No. 518. An Act to amend Section 15 of an Act passed by the General Assembly during the session of 1929, known as No. 422, Milk Laws (see pages 280-292; Acts of 1929), so as to prevent the dumping of inferior milk or dairy products into Georgia, by striking all of Section 15 of the Act above referred to and inserting in lieu thereof of a new section that will require a monthly report from milk or cream brokers and dairy manufacturing plants prohibiting the shipping of milk or milk products into Georgia unless such milk or milk products are produced under sanitary conditions no less adequate in the protection of public welfare than milk or milk products produced and marketed in Georgia; to authorize a tax on milk and cream brokers and dairy manufacturing plants; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same that on and after the passage of this Act Section 15 of the Act of 1929, known as No. 422, Milk Laws (see pages 280-292 of said Acts), be and the same is hereby amended by striking

Page 726

all of Section 15 and inserting in lieu thereof a new section which shall be as follows: New section. Section 15. Any individual, firm, or corporation purchasing either raw or pasteurized milk for resale, restaurants, hotels, and drug stores who dispense such milk as personal service in their business excepted, shall be classified as milk or cream brokers. Classification of brokers. It shall be unlawful to engage in or operate a cream or milk brokerage business without first obtaining a license from the State Veterinarian. Each milk or cream brokerage firm and each dairy manufacturing plant (milk plant) shall furnish the State Veterinarian a monthly report, on blanks furnished by the State Veterinarian, showing the amount of milk and cream handled and the source from which it is supplied. License. Reports. No milk, cream, ice cream mix or ice cream shall be shipped into Georgia from any other State unless such milk, cream, ice cream mix or ice cream is produced and handled under sanitary conditions no less adequate in the protection of public welfare than milk, cream, ice cream mix or ice cream produced and marketed in Georgia; and not then until authorization for the shipping of such product or products has been issued by the State Veterinarian after careful investigation. Any milk or milk products shipped into Georgia or produced or handled in Georgia in violation of this Act shall be condemned by the State Veterinarian and rendered unfit for marketing by the addition of Pyoktanin solution or other harmless coloring matter. Shipments from other States. Authorization. Condemnation. Each milk and ice cream brokerage business as herein defined and each milk plant as defined in Section 12 of the Acts of 1929 shall pay an annual license fee of ten ($10.00) dollars. Annual license fee.

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Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. MOTOR CARRIERSCERTIFICATES AND INSURANCE. No. 151. An Act to amend the Act regulating Motor Carriers for Hire approved March 31, 1931, appearing as Section 68-509 of the Code of Georgia for 1933 by striking from such Act Section 7 thereof and substituting a new section to be known as Section 7, so that said Act shall provide under what conditions a certificate shall be issued to the Motor Carrier, and shall provide for the giving of a bond by the Motor Carrier for the protection of the public against damage or loss to person or property by the Motor Carrier, its servants or agents; to prescribe for the amount and condition of such bonds and for the giving of a policy of indemnity insurance in lieu of bond, and for self insurance; to provide that the motor carrier and its surety or insurance carrier may be joined in the same action, to amend the caption of the former Act 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 7 of the Act Regulating Motor Carriers for Hire, approved March 31, 1931, and appearing as Section 68-509 Code of Georgia for 1933 reading as follows: Section 7. No certificate shall be issued or continued in operation unless the holder thereof shall give bond with

Page 728

adequate security for the protection, in case of passenger vehicles, of the passengers and baggage carried, and of the public against injury proximately caused by the negligence of such motor carrier, its servants or agents; and in cases of vehicles transporting freight, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor carrier may be legally liable, and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants or agents. The Commission shall approve, determine and fix the amount of such bonds; and shall prescribe the provisions and limitations thereof, and such bonds shall be for the benefit of and subject to suit or action thereon by any person who shall sustain actionable injury or loss protected thereby. The Commission may, in its discretion, allow the holder of such certificate to file in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all of the provisions relating to bonds and must likewise be approved by the Commission. The Commission shall have power to permit self-insurance in lieu of a bond or policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier warrants. Code, 68-509 repealed. Be and the same is hereby repealed. Section 2. Be it further enacted that the following section is hereby substituted for the section so repealed, so that the new section shall read as follows: Section 7. No certificate shall be issued or continued in operation unless the holder thereof shall give bond with adequate security for the protection, in case of passenger vehicles, of the passengers and baggage carried, and of the public against injury proximately caused by the negligence of such motor carrier, its servants or agents; and in cases of vehicles transporting freight, to secure the owner or

Page 729

person entitled to recover therefor against loss or damage to such freight for which the motor carrier may be legally liable, and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants or agents. The Commission shall approve, determine and fix the amount of such bonds and shall prescribe the provisions and limitations thereof not in violation of this Act, and such bonds shall be for the benefit of and subject to suit by action thereon by any person who shall sustain actionable injury or loss protected thereby. The Commission may, in its discretion, allow the holder of such certificate to file in lieu of such bond a policy or indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all of the provisions relating to bonds and must likewise be approved by the Commission. The Commission shall have power to permit self-insurance in lieu of a bond or policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier warrants. It shall be permissible under this Act for any person having a cause of action arising hereunder in tort or contract, to join in the same suit the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond it shall be permissible to join the motor carrier and the insurance carrier in the same action whether arising in tort or contract. Bonds. Approval. Insurance in lieu of bond. Joinder of defendants to actions. Section 3. Be it further enacted that the caption of the Act approved March 31, 1931, be and the same is amended by adding thereto the caption of this Act. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 11, 1937.

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MOTOR COMMON CARRIERSAMENDING ACT. No. 154. An Act to amend the Act regulating Motor Common Carriers approved August 27, 1931, appearing as Code Section 68-612, Code of Georgia for 1933, by striking from such Act Section 7 thereof and substituting a new section to be known as Section 7, so that said Act shall provide under what conditions a certificate shall be issued to a Motor Common Carrier, and shall provide for the giving of a bond by the Motor Common Carrier for the protection of the public against damage or loss to person or property by the Motor Common Carrier, its servants or agents; to prescribe the amount and condition of such bonds and for the giving of a policy of indemnity insurance in lieu of bond, and for self-insurance; to provide that the Motor Carrier and its surety or insurance carrier may be joined in the same action, to amend the caption of the former Act 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 7 of the Act regulating Motor Common Carriers approved August 27, 1931, and appearing as Code Section 68-612 Code of Georgia for 1933 reading as follows: Section 7. No certificate shall be issued or continued in operation unless the holder therof shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried, and of the public, against injury proximately caused by the negligence of such motor common carrier, its servants or agents; and in case of vehicles transporting freight, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common carrier may be legally liable, and for the protection

Page 731

of the public against injuries proximately caused by the negligence or such motor carrier, its servants or agents. The Commission shall approve, determine and fix the amount of such bonds, and shall prescribe the provisions and limitations thereof, and such bonds shall be for the benefit of and subject to suit or action thereon by any person who shall sustain actionable injury or loss protected thereby. The Commission may, in its discretion, allow the holder of such certificate to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all of the provisions hereof relating to bonds, and must likewise be approved by the Commission. The commission shall have power to permit self-insurance in lieu of a bond or policy of indemnity insurance, whenever in its opinion, the financial ability of the motor carrier so warrants. Code, 68-612 repealed. Be and the same is hereby repealed. Section 2. Be it further enacted that the following section is hereby substituted for the section so repealed, so that the new section shall read as follows: Section 7. No certificate shall be issued or continued in operation unless the holder thereof shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried, and of the public against injury proximately caused by the negligence of such motor common carrier, its servants or agents; and in cases of vehicles transporting freight, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common carrier may be legally liable; and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants or agents. The Commission shall approve, determine and fix the amount of such bonds, and shall prescribe the provisions

Page 732

and limitations thereof, and such bonds shall be for the benefit of and subject to suit or action thereon by any person who shall sustain actionable injury or loss protected thereby. The Commission may, in its discretion, allow the holder of such certificate to file, in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in the State of Georgia, which policy must substantially conform to all of the provisions hereof relating to bonds, and must likewise be approved by the Commission. The Commission shall have power to permit self-insurance in lieu of a bond or policy of indemnity insurance, whenever, in its opinion, the financial ability of the motor carrier so warrants. It shall be permissible under this Act for any person having a cause of action arising hereunder in tort or contract, to join in the same suit the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action whether arising in tort or contract. New section. Bond. Approval. Insurance. Joinder of defendants in suits. Section 3. Be it further enacted that the caption of the Act approved August 27, 1931, be and the same is hereby amended by adding the caption of this Act. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1937. MOTOR VEHICLESNONRESIDENTSJURISDICTION. No. 444. An Act to provide that the acceptance by nonresidents of the rights and privileges conferred by the laws of this

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State, as are now or hereafter in force, permitting the operation of motor vehicles upon the highways of this State, streets of any incorporated or unincorporated town or municipality, shall be deemed equivalent to the appointment by any such nonresident of the Secretary of State, or his successor in office, to be his true and lawful attorney in fact upon whom may be served all summons and all other lawful processes in any action or proceeding against him, growing out of any accident or collision in which any such nonresident may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on such public highways of this State; to provide for the jurisdiction of such nonresident user of any such highway in the courts of this State; to provide for the manner in which service of a copy of any process shall be had upon any such nonresident user; to provide fees for the Secretary of State for handling the processes provided for herein; to provide for the registration of such processes upon nonresident users of said highways; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. That the acceptance by any nonresident of this State, whether a person, firm, or corporation, of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by any such nonresident on the public highways, streets of any incorporated or unincorporated municipality or public roads of this State, shall be deemed equivalent to the appointment by such nonresident user of said highways, streets or public roads of the Secretary of the State of Georgia, or his successor in office, to be his true and lawful attorney in fact upon whom may be served all summons or

Page 734

other lawful processes in any action or proceeding against any such user, growing out of any accident or collision in which any such nonresident user may be involved by reason of the operation by him, for him, or under his control or direction, express or implied, of a motor vehicle on any such highways, streets, or public roads in said State, and said acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served upon him personally. Acceptance by use of highway. Service of process. Section 2. Be it further enacted that service of such process shall be made by leaving a copy thereof, with a fee of two ($2.00) dollars, in the hands of the Secretary of the State of Georgia, or his successor in office, and such service shall be sufficient service upon any such nonresident user, provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff or the Secretary of the State of Georgia, or his successor in office, to the defendant, if his address be known, and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with said summons, petition and other papers in said case in the court wherein the action is pending. Cost. Copy by mail. Section 3. Be it further enacted that all courts in the counties of this State now having jurisdiction of tort actions and criminal actions, shall have jurisdiction of all such nonresident users in actions arising under this Act. Jurisdiction. Section 4. Be it further enacted that the court in which the action is pending shall cause any such action to be continued as long as may be necessary to afford the defendant reasonable opportunity to defend the action. Continuance. Section 5. Be it further enacted that the Secretary of the State of Georgia, or his successor in office, shall keep

Page 735

a record of all such processes, which shall show the day and hour of service upon him. When the return receipt for such registered notice shall be returned to the Secretary of the State of Georgia he shall deliver it to the plaintiff on request and keep a record of the date of its receipt by him and of its delivery to the plaintiff. Record of process and service. Section 6. Be it further enacted that the Secretary of the State of Georgia, or his successor in office, within three days from the date of the service upon him of the summons or process provided for herein, shall certify to the court in which the cause is pending that said service or notice has been filed in his office as provided for in this Act, and upon receipt of such certification by the clerk of the court in which said cause is pending, said cause shall be answered on or before the return date of the next term of such court unless the time for the appearance of the defendant therein, by way of answer or demurrer, shall be extended by an order of the court in order to allow the defendant ample opportunity to be heard. Certificate by Secretary of State. Section 7. Be it further enacted, that all laws and parts of laws in conflict with this Act are herewith repealed. Approved March 30, 1937. MOTOR VEHICLESSALE REGULATED. No. 407. An Act to regulate the business of selling used and second-hand motor vehicles by nonresidents or persons who have no permanent place of business; to provide the registration of such used or second-hand motor vehicle when brought into the State of Georgia and authorizing the State Revenue Commission to make rules and regulations for such registration; to provide for the execution and filing with the State Revenue Commission of a bond by

Page 736

persons registering such motor vehicles; fixing fee covering the cost of such registration and approval of such bond; to prevent the bringing of an action for recovering of purchase price of such used motor vehicle without compliance with this Act; to provide for the issuance by the State Revenue Commission of a certificate showing such registration and filing of such bond; to provide for the making it a misdemeanor for persons, agents, and employees to attempt to sell such motor vehicles without complying with the terms of this Act and fixing the punishment for such violation; defining terms as used in this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act every dealer in used, or second-hand, motor vehicles, who is a nonresident of the State of Georgia or who has no permanent place of business in the State of Georgia, and every person, firm or corporation who may bring any used or second-hand motor vehicle into the State of Georgia for the purpose of selling or reselling, except as a trade-in on a new motor vehicle or another used car, shall within ten days from the date of entry of said motor vehicle into the limits of the State of Georgia, register such motor vehicle with the State Revenue Commission on a form to be furnished by said Commission, and under such rules and regulations as may be promulgated by said State Revenue Commission, from time to time, and shall before said used or second-hand car is placed on a used car lot for sale or resale, or is in any other manner offered for sale or resale, or sold, except as a trade-in on a new motor vehicle or another used car, execute a bond with two good and sufficient and solvent sureties, or with a surety company duly authorized to do business in the State of Georgia, as surety or sureties thereon, which said bond shall be payable to the Governor of the State of Georgia and for the use and

Page 737

benefit of the purchaser of such motor vehicle and his vendees, and conditioned to pay all loss, damages and expenses that may be sustained by such purchaser and/or his vendees, that may be occasioned by reason of any fraudulent misrepresentation or by reason of any breach of warranty as to freedom from liens, quality, condition, use or value of such motor vehicle being so sold. Registry by non-resident dealers, with Revenue Commission. Bond. Section 2. Be it further enacted by the authority aforesaid that the bond referred to in the preceding section shall be in the full amount of the sale price of such used or second-hand motor vehicle so brought into the State, but in no event shall the same exceed the sum of $1,000.00: said bond being filed with the State Revenue Commission of the State of Georgia by the vendor of such motor vehicle and to be approved by said Commission as to form, as to solvency of the surety or sureties, and for this service by said Revenue Commission in filing said bond and registering said motor vehicle the vendor shall pay a fee of $1.00, and a further fee of $5.00 for each bond so filed and approved, which said sum shall be covered into the Treasury of the State. Amount and approval of bond. Section 3. Be it further enacted by the authority aforesaid that upon the filing of the bond and the registering of such motor vehicle by the vendor with said State Revenue Commission, said State Revenue Commission shall issue to such vendor a certificate in such form as such Revenue Commission shall adopt, to the effect that the vendor has registered said used or second-hand motor vehicle and has filed the bond and that the same has been approved by said State Revenue Commission, and describing the motor vehicle in the usual and customary manner for the description and identification of motor vehicles. Certificate. Section 4. Be it further enacted by the authority aforesaid that no action or right of action to recover any such motor vehicle or any part of the sale price thereof shall be maintained in the courts of this State by any such dealer or

Page 738

vendor, his successors or assigns, in any case wherein such vendor or dealer shall have failed to comply with the terms and provisions of this Act. No right of action, if no compliance. Section 5. Be it further enacted by the authority aforesaid that any person, acting for himself or as agent, employee or officer of any other person, firm, corporation or association, shall violate any of the terms of this Act, or shall attempt in any manner to sell or offer for sale any motor vehicle brought into the State of Georgia, as set out and described in Section 1 of this Act, shall, upon conviction thereof, be deemed guilty of a misdemeanor and subject to punishment as such. Violation a misdemeanor. Section 6. Be it further enacted that the terms used or second-hand car, or used or second-hand motor vehicle, or second-hand motor vehicle, as used in this Act shall include any car, truck, motorcycle or other motor vehicle that has been used, or is second-hand, and shall also include any car that has been sold by any franchised dealer to any one other than a franchised dealer for that make of car. Words inclusive. Section 7. 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 31, 1937. PENSIONS TO COUNTY EMPLOYEES. No. 447. An Act to provide that counties having therein a city with a population of not less than sixty thousand three hundred and forty-two, and not more than eighty thousand, according to the United State census of 1930, shall provide a permanent pension fund for present and future employees, except as to the county attorney, not elected by

Page 739

the people, out of which shall be paid total permanent disability pensions, and retirement pensions and to provide how said pensions shall be paid in the event there is not sufficient money in the permanent pension fund with which to pay said pensions; to define total permanent disability pensions, and how same shall be paid; to provide that three per cent of the salary of all employees, not elected by the people, shall be deducted from their pay check, and be deposited to the credit of said permanent pension fund, and the manner of same and under what condition same shall be returned to such employees; to provide that employees not elected by the people, who have served the county twenty-five years shall be retired for life on one-half pay of the salary of the position he or she once held; to provide that employees totally and permanently disabled in the discharge of his or her duties from performing the duties of his or her position shall receive a pension of one-half the amount of the salary of the position he or she held at the time of the event causing total and permanent disability; to provide how every employee not elected by the people shall participate in the permanent pension fund; to provide that the Board of County Commissioners shall constitute a Board of Trustees to manage said funds deducted from employee's salaries; to provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act; to construe this Act as a contract between any county having therein a city with a population of not less than sixty thousand three hundred and forty-two and not more than eighty thousand, according to the United States census of 1930, and every present or future employee (not elected by the people) of the aforesaid county; to provide that if any part of this Act shall be held unconstitutional, that the remainder of this Act not declared unconstitutional shall be valid and binding; to provide that this Act shall not affect nor be affected by

Page 740

any compensation laws or other similar laws; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be created a permanent Pension Fund for employees of the county that are not elected by the people, except the county attorney, in all counties in this State having therein a city with a population of not less than sixty thousand three hundred and forty-two and not more than eighty thousand, according to the United States census of 1930, and said fund shall be kept and accumulated only for the purposes hereinafter set out, and no warrant shall be drawn on said fund except for the payment of pensions to employees aforesaid, and in accordance with the terms hereinafter set out. Permanent fund in certain counties. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that three per cent of the monthly salary of all employees of the county, not elected by the people, except the county attorney, of any county to which this Act applies, shall be deducted and deposited in said Permanent Pension Fund, and this provision shall be mandatory and shall govern every present or future employee, not elected by the people, in any county to which this Act applies. Deduction from salary. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that any employee not elected by the people in any county to which this Act is applicable, who is permanently disabled from performing the duties of his position, shall receive a pension of one-half the amount of the salary of his or her position, said pension to be paid at the same time as salaries for other employees of said county are paid; said pension shall be paid from the Permanent Pension Fund, if there is sufficient money in said Fund to pay said pension;

Page 741

no person shall be entitled to draw a pension under this Act for total and permanent disability unless he is declared to be eligible for said pension, as hereinbefore set forth. Amount payable on permanent disability. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that total and permanent disability shall mean that the employee is not able on account of disability to adequately discharge the duties of his position except upon the recommendation of three reputable physicians, after examination, who shall consider the case and make their findings; one of said physicians shall be elected by the Board of Trustees or County Commissioners of the county to which this Act is applicable, one by the head of that department or branch of county employment that employee seeking pension is employed in, and these two shall select a third, and the recommendation of the physicians shall state that they find him or her totally and permanently disabled from performing the duties of his or her position, or, that they do not find him or her totally and permanently disabled from performing the duties of his or her position, and the majority report of the physicians shall govern. Meaning of total and permanent disability. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that should the report of the physicians hereinbefore mentioned, state that they find the employee totally and permanently disabled from performing his or her duties, of his or her position, then said employee shall be declared totally and permanently disabled, and entitled to draw the pension hereinbefore set out, and his right to draw said pension shall date back to the time of the injury. Report. Section 6. Be it further enacted by the authority aforesaid and it is hereby enacted by the authority of the same, that whenever any employee (not elected by the people) of any county to which this Act is applicable, shall have served for twenty-five (25) years as an employee of the aforesaid

Page 742

county, he shall be permitted to retire from active service on his own motion, upon one-half of the pay of his or her position. The only qualification necessary for an employee (not elected by the people) of a county to which this Act is applicable to draw said Retirement Pension, shall be evidence that he or she has served efficiently for twenty-five years as an employee of the aforesaid county, and is an employee at the time of retirement, and such evidence shall entitle him or her to be eligible to draw the Retirement Pension. Retirement after 25 years. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that retirement pensions shall be paid out of the Permanent Pension Fund for employees of the County (not elected by the people) of the county to which this Act is applicable, heretofore mentioned, if there is sufficient money in said fund. Payments. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that this Act shall be construed by all as a contract between any and every county having therein a city with a population of not less than sixty thousand three hundred and forty-two, and not more than eighty thousand, according to the United States census of 1930, and any and every present or future employee (not elected by the people) of the aforesaid county, to properly administer said funds. Act construed as contract. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that should any part of this Act be declared unconstitutional, that the remainder of the Act not declared unconstitutional shall be valid and binding. Constitutionality. Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the word employee whenever used in this Act

Page 743

shall mean any and all regular employees of any county to which this Act is applicable, with the exception of those holding official position (and except the county attorney) to which they are elected by the people. Meaning of employee. Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that while said deduction from pay shall begin immediately upon the passage of this Act, none of the benefits herein provided for shall be available until the expiration of three years from the date of the passage of this Act. Benefits, when available. Section 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of same, that the Treasurer of Richmond County shall be paid from said funds accumulated by virtue of this Act one-third of one per cent. from the wages of salaries of such employees, as the same are deducted from their pay; and for said compensation it shall be the duty of said treasurer to keep complete records as to each employee, the amount paid by him or her, and a complete accounting as to all receipts and disbursements in connection with said entire funds. The County Commissioners, as such trustees, shall have authority to invest said funds in such investments as trust estates are allowed to invest in under the laws of this State, or the County Commissioners may from time to time borrow from said funds, and pay a rate of interest thereon of not less than four per cent per annum. Treasurer's compensation. Investment of funds. Section 13. Be it further enacted by authority aforesaid, and it is hereby enacted by authority of the same, that any employee who has for reasons been discharged before expiration of twenty-five (25) years be refunded one-half of the amount he has paid into such fund during his employment. Refund on discharge.

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Section 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that this Act will not affect or be affected by any workman's compensation law or similar law. Act not affected by Workmen's Compensation Law. Section 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed; but no county funds other than the moneys herein provided for to be paid by said employees shall be available for the payment of any benefits hereunder. County funds not available. Approved March 30, 1937. PENSIONS TO MUNICIPAL EMPLOYEES. No. 478. An Act to amend that certain Act entitled An Act to amend an Act approved August 20, 1927, entitled `An Act to provide that cities having a population of more than one hundred fifty (150,000) 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 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

Page 745

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', approved March 28, 1935, and published in Georgia Laws of 1935, pages 445 to 450, by striking the words nor exceeding fifteen (15) years from the sixth line of Section 5 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, that a certain Act of the General Assembly of Georgia approved March 28, 1935, amending an Act approved August 20, 1927, and fully set forth in the caption of this Act be and the same is amended as follows: Section 1. That Section 5 of said Act be and the same is hereby amended by striking the words nor exceeding fifteen (15) years, appearing in the sixth line of said section, so that said Section 5 as amended shall read as follows: Act of 1935 amended. Section 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, 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 (50) months beginning as of the date of his entrance into said fund. Credit Payments.

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Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. PLATS OF REAL ESTATEEFFECT OF RECORD AND REFERENCE. No. 392. An Act to provide for the filing, recordation and indexing of plats, or a blue print, tracing, photostatic or other copy of plat of real estate, and the manner of recording; to make it the duty of the clerk to record and index the same; to fix the fee for filing, recording and indexing same; and to provide for the reference to the boundaries, metes, courses, or distances, delineated or shown on such record plat, blue print, tracing, photostatic or other recorded copy of such plat, in a deed, mortgage, or other instrument conveying an interest in, or creating a lien on, real property; and to provide for the effect of such reference; 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 it shall be lawful for the owner of, or of any interest in, real property, or for any holder of a lien thereon, to have a plat thereof, or a blue print, tracing, photostatic, or other copy of a plat thereof recorded and indexed in the office of the clerk of Superior Court of the county in which such property, or any part thereof, is situated. And it shall be the duty of such clerk to record and index any such plat, blue print, tracing, photostatic, or other copy thereof. Record of plat.

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Section 2. That when any such plat, or blue print, tracing, photostatic or other copy of, such plat, is securely pasted or fastened in the book to be provided by any such officer for that purpose, the same shall be deemed a recording thereof. How recorded. Section 3. That when any deed, mortgage, or other instrument conveying an interest in, or creating a lien on, real property, refers to the boundaries, metes, courses, or distances of such real estate delineated or shown on any such plat thereof, or blue print, tracing, photostatic or other copy of such plat, recorded as herein authorized, and such deed, mortgage, or other instrument states the office, book, and page of recordation, any such reference shall be equivalent to setting forth in extenso in such deed, mortgage or other instrument the boundaries, metes, courses, or distances of such real estate as may be delineated or shown on any such plat, or blue print, tracing, photostatic or other copy thereof. Effect of reference in conveyance. Section 4. That the fee for filing, recording, and indexing such plat or blue print, tracing, photostatic or other copy of such plat shall be one ($1.00) dollar per page or part thereof. Fee for record. Section 5. That any and all such plats, or blue print, tracing, photostatic or other such copies of such plats heretofore recorded in the manner herein provided, are declared to have been duly recorded; and the reference in any deed, mortgage, or other instrument, heretofore executed, to the boundaries, metes, courses or distances of such real estate as may be delineated or shown on any such plat, or blue print, tracing, photostatic or other copy thereof, heretofore recorded in the manner herein provided, shall have the same effect as if the boundaries, metes, courses, or distances of such real estate were set forth in extenso in such deed, mortgage, or other instrument. Previous records valid.

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Section 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed, only to the extent of such conflict. Approved March 29, 1937. PLUMBERS AND STEAM FITTERS REGULATED. No. 426. An Act to provide for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the U. S. census of 1930, or any future U. S. census; to create a Board of Examiners for said purpose and to provide for the issuance and renewal of certificates for carrying on the said vocations; and to provide for a penalty of the violation of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all counties in this State having a population of 150,000 inhabitants or more by the U. S. census of 1930, or any future U. S. census, there shall be created a Board of Examiners to determine the fitness of master and journeyman plumbers and master and journeyman steam fitters to engage in said vocations, in order to safeguard life, health and property in said counties. Board in certain counties. Section 2. Be it further enacted by the authority aforesaid, That master and journeyman plumbers and master and journeyman steam fitters as referred to in this Act are defined as follows: Plumbers, (a) A master plumber is defined as a person who assumes the responsible charge and direction of other persons in the installation of plumbing and drainage, and is skilled in the art of plumbing superintending and has sufficient

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practical knowledge of plumbing and drainage to efficiently and properly assume the responsible charge and direction of other persons in the installation of plumbing and drainage. Master, (b) A journeyman plumber is defined as a person who performs the work of installing plumbing under the direction of a master plumber, and who has knowledge of plumbing and drainage, sufficient to properly and skillfully install plumbing and drainage facilities. Journeyman. (c) A master steam fitter is defined as one who assumes the responsible charge of other persons in the installation of steam boilers and radiation and power plants, and steam mains, and who is equipped with sufficient knowledge of the proper installation of said equipment to efficiently and adequately direct the installation of said equipment in such manner as to properly safeguard life, health and property. Steam-fitters, Master, (d) A journeyman steam fitter is defined as a person who is skilled in the installation of steam boilers, steam mains, and radiation for heating buildings and for power purposes, and who is capable of installing such equipment in a manner which will safeguard life, health, and property in the use of said equipment. Journeyman. Section 3. All persons desiring to practice the vocation of master or journeyman plumbers, or master or journeyman steam fitters, shall be required to stand an examination as to their knowledge and skill, so as to come within the definitions of said classes hereinbefore given. The Board of Examiners shall consist of the county health officer, the county plumbing or building inspector, if there be one. If there be none, then the chief plumbing inspector of the most populous municipality within the county, or lying partially within the county, and also one master plumber, one master steam fitter, one journeyman plumber, and one journeyman steam fitter, the latter four to be appointed by the Board of Commissioners of Roads and Revenues of said counties,

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each of said appointees to serve as a member of said Board of Examiners for a term of four years. Examination required. Section 4. Each of the members of said Board shall take an oath before a judge of the Superior Court of said counties, that he will faithfully perform the duties of his office. Said Board shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificate as a master or journeyman plumber or master or journeyman steam fitter. Oath of office. Examinations. Section 5. Any applicant failing to pass his first examination for a certificate for any of the above vocations, shall be entitled to take any examination held within six months from the date of his failure without the payment of any additional fee. Section 6. For the purpose of defraying the expenses in carrying out the provisions of this Act, the Board of Examiners herein provided for may fix fees to be paid by applicants for certificates, but in no event shall the charges fixed by said Board exceed the following: Expense fees. Master plumbers and master steam fitters, twenty-five ($25.00) dollars. Journeyman plumbers and journeyman steam fitters, five ($5.00) dollars. All of the fees fixed by the Board of Examiners must accompany the applications for examinations and no part of said fees shall be refunded. Said fees shall be received by said Board and held by it solely for the purpose of paying the expenses of carrying out the provisions of this Act. Section 7. Each of the members of the Board of Examiners shall receive the sum of ten ($10.00) dollars per day for each day actually engaged in the performance of the duties imposed by this Act, said sums to be paid only

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out of the fees received for examinations and renewal certificates, and no member shall receive compensation for a total of more than 30 days per calendar year. Pay of members. Section 8. Examinations shall be made up by said Board in such manner as to test the knowledge and skill of the applicants. Examinations shall be held at such time and place as may be fixed by the Board of Examiners at least quarterly. Written notice of the time and place of examinations shall be mailed to all persons who have filed applications for the examinations with the secretary of the Board of Examiners, to the address given on his application. Examinations. Notice. Section 9. Within six months after the passage of this Act, any person who shall apply to said Board of Examiners for a certificate authorizing him to engage in the vocation of a master plumber or master steam fitter, or journeyman plumber or journeyman steam fitter, who furnishes satisfactory evidence to said Board that he has skillfully engaged in said vocation for a period of at least five consecutive years prior to the time of application, shall be issued a certificate authorizing him to engage in said business without the examination provided for in this Act, Provided, all such applicants shall pay to said Board the fee prescribed for applicants for examinations for the classes designated. Certificate without examination. Section 10. All certificates provided for herein shall be renewed annually, not later than 90 days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of ten ($10.00) dollars per annum for master plumber and master steam fitter, and three ($3.00) dollars per annum for journeyman plumber and journeyman steam fitters, and upon proof to the Board of Examiners that their skill, ability and character are sufficient for them to satisfactorily perform the services of the particular vocation for which renewal certificate is sought. Renewal of certificates. Fees.

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Section 11. No person shall assume the title of, or perform any work in the counties coming within this Act, as a master plumber or master steam fitter, journeyman plumber or journeyman steam fitter, unless and until he shall have received a certificate as provided for in this Act. Forbidden acts. Section 12. No partnership or corporations shall have the right to engage in the business of plumbing or steam installation or repairing in counties coming within the provisions of this Act, unless there is connected with such partnership or corporation a person or persons actually engaged in the performance of said business, who holds a certificate issued to him as provided for in this Act. Corporations or partnerships. Section 13. It shall be the duty of all partnership and corporations engaged in the business of plumbing or steam installation, or repairing, to immediately notify the secretary of the Board of Examiners of the severance of connections of any master or journeyman plumber or master or journeyman steam fitter with such partnership or corporation. Notice to board. Section 14. Any person, firm or corporation violating any provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars or imprisonment in the county jail for a period of not more than 90 days, or both. Violation a misdemeanor. Section 15. If any clause, sentence or paragraph, or part of this Act, shall for any reason be held by any court of competent jurisdiction to be invalid, said judgment shall not affect, impair or invalidate the remainder of this Act, but shall be confined in its operation to the clause, paragraph or part directly involved in controversy in which said judgment was rendered. Invalidity. Section 16. This Act shall take effect three months from the legal adoption thereof.

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Section 16-A. None of the provisions of this Act shall apply within the limits of any municipality in this State lying within counties having a population of 150,000 inhabitants or more by the United States census of 1930 or any future census. Non-application of this Act. Provided, further, That the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission. Section 17. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 30, 1937. PRACTICE OF LAW DEFINED AND LIMITED. No. 419. An Act to amend an Act approved August 7, 1931, defining and regulating the practice of law and prohibiting corporations and persons other than duly licensed attorneys-at-law from practicing law or performing legal services and prescribing penalties therefor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That from and after the passage of this Act, Section 2, of said Act, approved August 7, 1931, be and the same is hereby amended by adding at the end of the first proviso, the following words, to-wit: But in preparing and filing affidavits upon which the following summary proceedings are based, to-wit, dispossessory warrants, distress warrants and attachments, and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law, so that said section, as amended, shall read as follows: Act of 1931 amended.

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The practice of law in this State is defined as representing litigants in court and the preparation of pleadings and other papers incident to any action or special proceedings in any court or other judicial body; conveyancing; the preparation of legal instruments of all kinds whereby a legal right is secured; the rendering of opinions as to the validity or invalidity of titles to real or personal property; the giving of any legal advice; and any action taken for others in any matter connected with the law. Provided, however, that nothing herein contained shall prevent any corporation, voluntary association, or individual from doing any act or acts hereinabove set out, to which said persons are a party, but in preparing and filing affidavits upon which the following summary proceedings are based, to-wit, dispossessory warrants, distress warrants, and attachments, and prosecuting such proceedings, it shall be unlawful for the plaintiffs to act through any agent or employee that is not a duly licensed attorney-at-law. Nor shall any bank be prohibited from giving any advice to its customers in matters incidental to banks or banking. Nor shall any person, firm, or corporation be prohibited from drawing any legal instrument for another person, firm, or corporation, providing it is done without fee and solely at the solicitation and request and under the direction of the person, firm, or corporation desiring to execute such instrument. Provided, that a title-insurance company may prepare such papers as it thinks proper, or necessary, in connection with a title which it proposes to insure, in order, in its opinion, for it to be willing to insure such title, where no charge is made by it for such papers. Definition. Acts lawful and unlawful. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937.

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PRESCRIPTIVE TITLE LIMITATION. No. 56. An Act to provide that prescription shall not run against the owner or holder of a mortgage, deed to secure debt, bill of sale to secure debt, or other instrument creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or constructive notice of such instrument; 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 from and after the passage of this Act, prescription shall not run against the paper or holder of a mortgage, deed to secure debt, bill of sale to secure debt, or other instrument creating a lien on or conveying an interest in real or personal property as security for debt, in favor of a person who has actual or constructive notice of such instrument. Notice preventing prescriptive title. Section 2. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 23, 1937. PRIMARY ELECTIONS IN CITIES. No. 487. An Act to amend an Act entitled An Act to regulate primary elections in all municipalities having a population of 200,000 or more, in the State of Georgia, by providing how such elections shall be conducted, etc., (Acts of 1933, page 227), by providing the method of preparing ballots and what the ballots shall contain; to repeal Section 17 of said Act in reference to the election of an

Page 756

executive committee, number of same, term of office, and substituting in lieu thereof a new Section 17; 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. The Act of 1933, page 227 (approved March 23, 1933), which is an Act to regulate primary elections in municipalities having a population of 200,000 or more, according to the last or any future census, is amended so as to add a new section to be known as Section 2-A: Act of 1933 amended. Section 2-A. In all primary elections it shall be the duty of the city executive committee or other party authority of the political party holding the election to provide an official ballot with the names of all candidates who have properly qualified in accordance with the rules of said party, printed thereon, such names to be arranged upon said ballots in alphabetical order as to candidates for the same office. Said ballots shall be bound together in blocks and each attached to a stub from which the ballot may be easily detached and removed separately. Each ballot and the stub to which it is attached shall have printed thereon the ward and precinct number in which said ballot is to be used. On the stub to which said ballot is attached there shall also be printed a number and a space for the voter's name, but no number, figure or letter shall be stamped or placed on the ballot which would indicate or identify the person casting the ballot. The numbers placed on the stub to which the ballot is attached shall be consecutive in the precinct in which the ballots are used, but no two precincts shall have the same consecutive order of numbering on the stubs. When a ballot is handed by the manager or the clerk to the person qualified to vote, it shall be first detached from the stub and the name of the voter entered on the stub and also on the tally sheets or list of those voting

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and the name of the person casting the ballot shall be then checked off the list of the registered voters. On the ballot cast by the voters, no mark or identification of any kind shall be placed on said ballot which in any wise will identify the person casting the ballot. Ballots. Section 2. Said aforesaid Act is amended by striking Section 17 of said Act and substituting in lieu thereof a new section, to-wit: Section 17: Any political party or organization which may nominate candidates for political office for primary elections shall institute an executive committee of the party organization, consisting of two members from each ward, elected by a majority of qualified voters from such party or organization residing in that ward and voting in the election. Such member of the executive committee shall have been a resident of the word in which he or she is elected at least two years prior to the date of election and they shall serve for terms of four years. Any member of the executive committee elected under the provisions of Section 17 of said Act now repealed by this section and now holding office shall have their terms extended until their successors shall be elected at the next primary election held by such party or election. Such executive committees or party organizations now operating under this Act, having one member from each ward on the committee, until the terms of this section providing for two members from each ward become effective, each member shall be authorized to designate one person to assist him in the performance of his duties as a member of the committee. Executive committee. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937.

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PRISON COMMISSIONDIRECTION AND CONTROL OF CONVICTS. No. 81. An Act to empower the Prison Commission to control and direct the place of service of all sentences of persons convicted in the courts of Georgia, and for other purposes; to provide for criminal history of such persons convicted to be furnished by the clerks of the Superior Courts, compensation for such service, and for other purposes; to provide that the Prison Commission of Georgia may provide suitable camps for youthful criminals, convicted for the first offense, and to segregate prisoners in camps or otherwise according to their criminal or personal characteristics or tendencies, and for other purposes; to provide for the amendment of Section 77-602 of the Code of 1933 by striking 16 and inserting in lieu thereof 18; and for other purposes. Section 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 Prison Commission shall have an exclusive power and authority to determine, control, and direct where and in what camp, chain-gang, penitentiary, or penal institution, each and every person who has been convicted of any misdemeanor or felony in any court of this State shall serve the sentence imposed upon him, except where otherwise specially provided by law. Exclusive power. Section 2. That the clerks of the Superior Courts of the State of Georgia shall be required to furnish a full and complete history of each person convicted, and forward the same upon blanks to be furnished by the Prison Commission at the same time that the notice of sentence is furnished; and for this service the clerk shall be paid the sum of one

Page 759

($1.00) dollar by the county authorities where such person is convicted, except where such clerks are on salaries. Convict's history. Clerk's fee. Section 3. The Prison Commission be and is hereby authorized to provide such training and provide such camps as may be deemed best for the proper training and rehabilitation of youthful convicts between the ages of 16 and 21 years, and to segregate such convicts from contact with confirmed criminals, and shall have power and authority to transfer any prisoner under 18 years of age from the penal institution in which he is now serving to the Georgia State Training School to serve the remainder of his sentence. Youth training. Section 4. The Prison Commission is authorized to provide separate camps or quarters and to segregate prisoners and convicts according to their individual characteristics or tendencies. Section 5. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 77-602 of the Code of Georgia of 1933 be, and the same is, hereby amended by striking from the first line of said section the figures 16 and by inserting in lieu thereof the figures 18, so that said section, when amended, shall read as follows: All male persons of the age of 18 years or under, who have been duly convicted in any of the courts of this State of crime not punishable by death or imprisonment for life, may, in the discretion of the judge having jurisdiction, be committed to the Georgia State Training School for Boys. Section 6. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 3, 1937.

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RECORD LIMIT OF MORTGAGES, ETC. No. 409. An Act to limit to seven years the effect of filing for record any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property; to provide for the renewal of such notice; to provide for the clerk's fee; 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 notice given to third persons by the filing for record of any mortgage, bill of sale to secure debt, retention of title contract or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property, shall expire at the end of seven years from the date of the filing thereof for record. Expiration of notice. Section 2. The effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, be extended for successive additional periods, each not exceeding five years from the date of the filing in the office of the clerk of the Superior Court, wherein any such instrument is recorded, upon the filing by the owner or holder thereof, of an affidavit identifying such instrument, stating his interest and the nature and amount unpaid on the obligation still secured thereby. Extensions. Section 3. The clerk of the Superior Court shall file such affidavit, re-index the instrument mentioned therein, and enter on the margin of the record of such instrument a reference to the filing of such affidavit, stating thereon the date of filing of such affidavit and the amount unpaid on the obligation secured by such instrument, for which services

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the clerk of the Superior Court shall be entitled to a fee of twenty-five ($0.25) cents. Record and index. Section 4. The notice given by the filing of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in, personal property, heretofore filed, or recorded, shall not extend more than seven years from the date of this Act, unless within seven years from the date of this Act such an affidavit is filed, the instrument re-indexed, and the marginal reference made on the record thereof as herein provided. Seven-year limit. Section 5. That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 31, 1937. REVENUE-CERTIFICATE LAW. No. 513. An Act authorizing counties, cities and towns to acquire, construct, reconstruct, improve, better and extend revenue-producing undertakings; to maintain and operate the same; to prescribe, revise and collect rates, fees, tolls and charges for the services, facilities and commodities furnished thereby; and, in anticipation of the collection of the revenues thereof, to issue negotiable certificates payable solely from such revenues regulating the issuance of such certificates and providing for their payment and for the rights of the holders thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That this Act may be cited as the Revenue-Certificate Law of 1937. Citation.

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Section 2. Definitions. Wherever used in this Act, unless a different meaning clearly appears from the context: Definitions. of terms. (a) The term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed: (1) Causeways, tunnels, viaducts, bridges, and other crossings; (2) Highways, parkways, airports, docks, piers, wharves, terminals and other facilities; (3) Systems, plants, works, instrumentalities, and properties: (i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public and private uses (ii) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment. (b) The term municipality shall mean any county, city or town of the State. (c) The term governing body shall mean the board, commission, council, or other local legislative body of a municipality. Section 3. Additional Powers. In addition to the powers which it may now have, any municipality shall have power under this Act: Powers added. (a) To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking wholly

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within or wholly without the municipality, or partially within and partially without the municipality; and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands, and water rights in connection therewith; Acquirements. (b) To operate and maintain any undertaking for its own use, for the use of public and private consumers, and users within and without the territorial boundaries of the municipality; Operation. (c) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished by such undertaking; and, in anticipation of the collection of the revenues of such undertaking, to issue revenue-anticipation certificates to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking; Rates, etc. Anticipation certificates. (d) To pledge to the punctual payment of said certificates and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments, or extensions thereto thereafter constructed or acquired as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertaking so improved, bettered or extended), or of any part of such undertaking; Pledge of revenues. (e) To make all contracts; execute other instruments; and do all things necessary or convenient in the exercise of the powers herein granted, or in the performance of its covenants or duties, or in order to secure the payment of its certificates; Provided, no encumbrance mortgage or other pledge of property of the municipality is created thereby; And, provided, no property of the municipality is liable to be forfeited or taken in payment of said certificates; And, provided, no debt on the credit of the municipality is thereby incurred in any manner for any purpose. Contracts. Proviso.

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Section 4. Procedure for Authorization of Undertaking and Revenue-Anticipation Certificates. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, and the issuance, in anticipation of the collection of the revenues of such undertaking, of certificates to provide funds to pay the cost thereof, may be authorized under this Act by resolution or resolutions of the governing body which may be adopted at a regular or special meeting by a majority of the members of the governing body. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The governing body in determining such cost may include all costs and estimated costs of the issuance of said certificates; all engineering, inspection, fiscal, and legal expenses, and interest, which it is estimated will accrue during the construction period and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this Act. Resolutions. Section 5. Certificate Provisions. Revenue-anticipation certificates may be issued under this Act in one or more series; may bear such date or dates; may mature at such time or times, not exceeding 30 years from their respective dates; may bear interest at such rate or rates, not exceeding 6% per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such certificates may provide. Said certificates shall be sold at not less than par. All certificates issued

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under this Act bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive certificates, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of certificates to be issued under this Act. Said certificates and interim receipts shall be negotiable for all purposes, and said certificates shall be and are hereby declared to be non-taxable for any and all purposes. Revenue-anticipation certificates. Section 6. Covenants in Resolutions. Any resolution or resolutions authorizing the issuance of certificates under this Act to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this Act) as to: Covenants. Limitations of powers. (a) The rates, fees, tolls or charges to be charged for the services, facilities, and commodities of said undertaking; (b) The use and disposition of the revenue of said undertaking; (c) The creation and maintenance of reserves or sinking funds, and the regulation, use and disposition thereof; (d) The purpose or purposes to which the proceeds of the sale of said certificates may be applied, and the use and disposition of such proceeds; (e) Events of default and the rights and liabilities arising thereupon, the terms and conditions upon which certificates issued under this Act shall become or may be declared due before maturity, and the terms and conditions

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upon which such declaration and its consequences may be waived; (f) A fair and reasonable payment by the municipality to the account of said undertaking for the services, facilities, or commodities furnished said municipality or any of its departments by said undertaking; (g) The issuance of other or additional certificates or instruments payable from or a charge against the revenue of such undertaking; (h) The insurance to be carried thereon, and the use and disposition of insurance moneys; (i) Books of account and the inspection and audit thereof; (j) Limitations or restrictions as to the leasing or otherwise disposing of the undertaking while any of the certificates or interest thereon remain outstanding and unpaid; and (k) The continuous operation and maintenance of the undertaking. The provisions of this Act and of any such resolution or resolutions shall be a contract with every holder of said certificates; and the duties of the municipality and the governing body and the officers of the municipality under this Act and under any such resolution or resolutions shall be enforceable by any certificate holder by mandamus or other appropriate suit, action, or proceeding at law or in equity. Contracts. Section 7. No Municipal Liability on Certificates. Revenue-anticipation certificates issued under this Act shall not be payable from or charged upon any funds other than the revenue pledged to the payment thereof, nor shall the municipality issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such certificate shall ever have the right to compel any exercise of

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the taxing power of the municipality to pay any such certificates or the interest thereon, nor to enforce payment thereof against any property of the municipality; nor shall any such certificates constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the municipality. Every certificate issued under this Act shall contain a recital setting forth the substance of this section. Non-liability. Section 8. Right to Receivership Upon Default. 1. In the event that the municipality shall default in the payment of the principal or interest on any of the revenue-anticipation certificates after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of 30 days, or in the event that the municipality or the governing body or officers, agents or employees thereof shall fail or refuse to comply with the essential provisions of this Act or shall default in any material respect in any agreement made with the holders of the revenue-anticipation certificates, any holders of revenue-anticipation certificates, or trustee therefor, shall have the right to apply in an appropriate judicial proceeding to the superior court of the county in which the municipality is located or any court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all revenue-anticipation certificates have been declared due and payable and whether or not such holder, or trustee therefor is seeking or has sought to enforce any other right, or exercise any remedy in connection with such revenue-anticipation certificates. Upon such application the Superior Court, if it deem such action necessary for the protection of the bondholders, may appoint, and if the application is made by the holders of 25% in principal amount of such revenue-anticipation then outstanding, or any trustee for holders of such revenue-anticipation certificates in such principal amount, shall appoint a receiver of the undertaking. Receivership on default of certificates.

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2. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof and if the court so directs may exclude the municipality, its governing body, officers, agents and employees and all persons claiming under them wholly therefrom and shall have, hold, use, operate, manage and control the same and each and every part thereof, and, in the name of the municipality or otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the municipality with respect to the undertaking as the municipality itself might do. Such receiver shall maintain, restore, insure and keep insured the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable and shall collect and receive all revenues and shall deposit the same in a separate account and apply such revenues so collected and received in such manner as the court shall direct. Receiver's duties and powers. 3. Whenever all that is due upon the revenue-anticipation certificates, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with holders of revenue-anticipation certificates shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, and it shall appear to the court that no default is imminent, the court shall direct the receiver to surrender possession of the undertaking to the municipality, the same right of the holders of the revenue-anticipation certificates to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Cure of default.

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4. Such receiver shall in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein. Court's jurisdiction. 5. Notwithstanding, anything in this section to the contrary, said receiver shall have no power to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the municipality and useful for the undertaking, but the authority of any such receiver shall be limited to the operation and maintenance of the undertaking, and no court shall have jurisdiction to enter any order or decree requiring or permitting said receiver to sell, assign, mortgage, or otherwise dispose of any such assets. No power to sell. 6. If any part or portion of this section shall be held by any court of competent jurisdiction to create a debt of a municipality or to be unenforceable or ineffective, the remaining parts and portions of this section shall not be affected thereby in any way but the part or portion so held unenforceable and ineffective shall be severed and rescinded from this Act. The intention of the General Assembly not to permit any municipality to be deprived of its property or to be susceptible or liable to forfeiture shall be controlling. Ineffective parts of Act. Section 9. Validation of Revenue-Anticipation Certificates. All revenue-anticipation certificates issued under this Act shall be validated in the Superior Court in the manner hereinafter set forth. Validation.

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Section 10. Notice to Solicitor-General or Attorney-General. When any municipality desires to issue revenue-anticipation certificates under the provisions of this Act, the officer or officers of such municipality shall within six months after the passage of the resolution authorizing such certificates notify the Solicitor-General of the judicial circuit in which such municipality shall be, in writing, of the fact that such resolution has been passed by the governing body and of the intention of the municipality to issue such certificates. The service of notice shall be personal upon the Solicitor-General and shall be accompanied by a certified copy of the resolution of the governing body of the municipality authorizing the certificates, but in the event he is absent from the circuit it shall be served in person upon the Attorney-General. Service of notice. Section 11. Duty of Attorney-General or Solicitor-General to File Petition; Order of Court; Answer. Within 20 days from the date of service of notice, provided for in the previous section, the Solicitor-General, or the Attorney-General, as the case may be, shall prepare and file in the office of the clerk of the Superior Court of the county issuing said certificates, or in the county in which the municipality is located, a petition directed to the Superior Court of said county in the name of the State, and against the municipality desiring to issue said revenue-anticipation certificates, setting forth service of such notice, the name of the municipality seeking to issue said certificates, the amount of certificates to be issued, for what purpose to be issued, what interest they are to bear, how much principal and interest is to be paid annually, when to be paid in full and the security to be pledged to the payment of said certificates; and shall obtain from the judge of the said court an order requiring the municipality by its proper officers to show cause at such time and place either in term or chambers within 20 days from the filing of the petition, as the judge may direct, why the certificates and the security

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for the payment thereof should not be confirmed and validated; which petition and order shall be served in the manner now provided by law for the service of petitions upon county, municipalities, or political subdivision; and to such petition the officers of such municipality shall make sworn answers within the time prescribed herein. Attorney-General and Solicitor-General. Confirmation and validation. Section 12. Notice of Hearing. Prior to the hearing of said cause, the clerk of the Superior Court of the county in which it is to be heard shall publish in a newspaper at least twice before the hearing, a notice to the public that on the day specified in the order providing for the hearing of said cause that same will be heard. Publication of notice. Section 13. Trial of Case; Parties; Judgment, Bill of Exceptions. Within the time prescribed in the order, the judge of the said Superior Court shall proceed to hear and determine all the questions of law and of fact in said cause, and shall render judgment thereon, and in the event his judgment shall be in favor of the issuance of said certificates, a judgment and order shall be entered to that effect, and any citizen of this State, resident of such municipality so desiring to issue such certificates, may become a party to said proceedings, and if dissatisfied with the judgment of the court confirming and validating the issuance of the certificates, and the security therefor, may except thereto within 20 days from the judgment, as in the case of injunctions, and upon the hearing in the Supreme Court such bill of exceptions shall be heard in accordance with the practice regulating the hearing of bills of exceptions in criminal cases. Trial. Review on exception. Section 14. Judgment Validating Forever Conclusive. In the event no bill of exceptions shall be filed within the time prescribed herein, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the Superior Court, so confirming and validating the issuance of said certificates and the security therefor, shall be forever

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conclusive upon the validity of said certificates and the security therefor against the municipality. Judgment conclusive. Section 15. How Certificates Shall Be Stamped. Certificates, when issued under provision of this Act shall have stamped or written thereon, by the proper officers of such municipality issuing the same, or their agents or servants, the words: Validated and confirmed by judgment of the Superior Court, specifying also the date when such judgment was rendered, and the court in which it was rendered, which shall be signed by the clerk of the Superior Court in which the judgment was rendered, such entry shall be original evidence of the fact of such judgment and shall be received as original evidence in any court in this State. Stamping of certificates. Section 16. Costs and Fee of Solicitor-General, By Whom Paid. The cost of said case shall be paid in any event by the municipality desiring to issue said certificates, and in addition to costs it shall also pay the Solicitor-General the sum of twenty-five ($25.00) dollars for his entire services in such case. Cost and fee. Section 17. Failure of Solicitor-General or Attorney-General to File Proceedings; Order of Court. In all cases where any municipality has passed a resolution for the issuance of revenue-anticipation certificates, or which hereafter pass such resolution, and where notice has been duly served upon the Solicitor-General or the Atorney-General, as the case may be, under the authority of such municipality, for the purpose of securing a judicial validation of such certificates and the security therefor, and where, in such cases, there has been a failure on the part of such Solicitor-General or other officer to proceed within the time limited by Section 11 of this Act, it shall be competent for such municipality to represent such facts in writing to the court, and to represent further that such failure has been without fault on the part of the municipality. In such case it shall be the duty of the court, and he shall have power and authority

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to inquire into the facts and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of such municipality, to pass an order authorizing and directing such Solicitor-General or Attorney-General, as the case may be, to proceed within 10 days to file petition authorized by Section 11 of this Act, and thereafter the proceedings shall be heard in the same manner as would have been followed had such petition been duly and promptly filed in the first instance. Direction to Attorney-General or Solicitor General. Section 18. Judgment Validating Certificates. Where proceedings are had as provided in the preceding section, and result in the judgment of validating said certificates and the security therefor, the same shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been originally taken as provided by this Act, and in such event the judgment of validation shall be finally and completely conclusive in like manner as provided by Section 14 of this Act. Validation judgment. Section 19. Construction of Act. The powers conferred by this Act shall be in addition and supplemental to, and not in substitution for; and the limitations imposed by this Act shall not affect the powers conferred by any other general, special, or local law. Certificates may be issued under this Act without regard to the provisions of any other general, special, or local law. The General Assembly hereby declares its intention that the limitations of the amount or percentage of, and the restrictions relating to indebtedness of a municipality and the incurring thereof contained in the Constitution of the State and in any general, special, or local law, shall not apply to certificates and the issuance thereof under this Act. Construction. Legislative intention. Section 20. Separability of Provisions. If any provision of this Act, or the application of such provision to any person, body, undertaking, or circumstance shall be held invalid, the remainder of the Act and the application of

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such provision to persons, bodies, undertakings, or circumstances other than those as to which it shall have been held invalid shall not be affected thereby. Invalid parts. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 31, 1937. ROAD AND STREET CONTRACTING REGULATED. No. 482. An Act to regulate the practice of general road and street contracting in Georgia; to define the terms used in this Act; to establish a State Licensing Board for Contractors; to provide the membership, terms of office, compensation, qualifications, rights and duties of the said Board; to provide for a Chairman, Vice-Chairman, Secretary and Treasurer of said Board; to provide for adoption of a seal for the said Board; to provide for meetings, by-laws, and rules of the Board; to provide the duties of the Secretary of the Board; to provide for the application and licensing of contractors by the Board; to provide license fees; to provide penalties for the violation of this Act; to provide exemptions to this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that: Section 1. For the purpose of this Act a general contractor is defined to be one, who for a fixed price, commission, fee or wage, undertakes to construct or superintend the construction of any highway, street, sewer, bridge, grading, or any highway or street improvement where the cost of the undertaking is $15,000.00 or more; and any

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one who shall engage in constructing or superintending the construction of any highway or street improvements herein referred to in this State costing $15,000.00, or more, shall be deemed and held to be engaged in the business of general highway or street contracting in the State of Georgia. Definition. Section 2. There is hereby established a State Licensing Board for Contractors, consisting of three members, who shall be appointed by the Governor within thirty (30) days after the passage of this Act. All three members of the said Board shall have had actual experience in the construction of streets or highways. The members of the Board shall be appointed for one, two, and three years respectively; their terms of office expiring on the last day of December. Thereafter, upon the expiration of each term the Governor shall appoint a member to the said Board for a term of five years. Each member shall hold office after the expiration of his term until his successor has been duly appointed and qualified. In the event of vacancies on the Board for any cause, the same shall be filled by appointment of the Governor. The Governor may remove any member of the Board for misconduct, incompetency or neglect of duty. Licensing board. Appointment and terms of office. Section 3. Each member of the Board shall, before entering upon the discharge of the duties of his office, take an oath to properly perform his duties as a member of said Board. Oath of office. Section 4. The Board shall, within thirty (30) days after its appointment by the Governor, meet in the City of Atlanta, at a time and place to be designated by the Governor, and organize by electing a Chairman, a Vice-Chairman, and a Treasurer, each to serve one year. The said Board may provide itself with a Secretary. The Board shall have power to make by-laws, rules, and regulations. The Treasurer shall give bond in such sum the Board shall determine, with such surety as shall be approved by the

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Board, said bond to be conditioned upon the faithful performance of the duties of his office, and upon the faithful accounting of all moneys and other property as shall come in the hands of the said Treasurer. Organization officers. Bond. Section 5. The Board shall adopt a seal for its own use. The seal shall have the words, Licensing Board for Contractors, State of Georgia, upon it, and the Secretary shall have charge, care and custody of the seal. Seal. Section 6. The Board shall meet twice each year, once in April and once in October, for the purpose of transacting such business as may properly come before it. At the April meeting in each year the Board shall elect officers for the ensuing year. Special meetings may be held at such times as the Board may provide. Due notice of each meeting, and time and place thereof shall be given to each member in such manner as the by-laws may provide. The full three members of the Board shall be necessary to constitute a quorum. Meetings. Notice. Section 7. The Secretary shall keep a record of the proceedings of the Board and shall receive and account for all moneys coming into his hands. The funds received by the Board from the operation of this Act shall be paid into the State Treasury by the Treasurer of said Board, and the expenses of the Board shall be provided for by appropriations made by the General Assembly from the funds collected by the Board and deposited in the State Treasury. Provided, that in no event shall the expense of the Board exceed the amount of funds received as fees from the operation of this Act. Records. Funds. Expenses. Section 8. The Secretary shall keep a record of the proceedings of the Board and a register of all applicants for licenses, showing the date of each application, the name, qualifications, place of business, place of residence, and whether the license was granted or refused. The books and register of the Board shall be prima facie evidence of

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all matters recorded therein. A roster showing the names and places of business of all licensed contractors shall be prepared by the Secretary of the Board during the month of January of each year; such roster shall be printed by the Board and a copy mailed to and placed on file with the clerk of each incorporated city and town in this State, and a copy shall be mailed to the clerk of the Superior Court of each county in this State, who shall keep the same on file in his office. On or before the first day of March of each year the Board shall submit to the Governor a report of its transactions for the preceding year, and shall file with the Secretary of State a copy of such report, together with a complete statement of the receipts and expenditures of the Board attested by affidavits of the Chairman and the Secretary, and a copy of the roster of licensed general contractors shall also be filed with the Secretary of State. Registry of licenses. Reports to Governor. Section 9. Any person and any firm or corporation, which firm or corporation shall act in the application and examination by and through its duly authorized president or secretary, desiring to be licensed as a general highway or street contractor in this State shall make and file with the Board thirty (30) days prior to any regular or special meeting thereof a written application for examination on such form as may be prescribed by the Board, which application shall be accompanied by the sum of $500.00. The applicant shall then be entitled to an examination to determine whether or not he is entitled to receive a license from the Board. It shall be the duty of the Board to determine the qualifications and moral fitness of applicants, and in the event the result of the examination of applicant shall be satisfactory to the Board, then the Board shall issue to the applicant a certificate to engage as a general highway and street contractor in the State of Georgia. Any one failing to pass such examination may be re-examined at any regular meeting of the Board without additional fee. Certificates of license shall expire the last day of December following

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the issuance or renewal, and shall become invalid on that date unless renewed. Renewal may be effective any time during the month of January by payment of the fee of $100.00 to the Treasurer of the Board. The Board may classify and limit the certificates granted to any applicant, and it shall be the responsibility of the Board to ascertain from reliable sources whether or not the past record of the applicant is good, and whether or not he has the reputation for paying his labor and material bills, as well as carrying out other contracts he may have entered into; Provided, that any person, firm or corporation who has done a general highway and street contracting business in the State of Georgia for at least two years prior to the passage of this Act shall be entitled to a certificate of license as provided for in this Act, upon making application and paying a fee of $500.00 as herein prescribed, if such application and payment of fee be made within thirty (30) days after the approval of this Act. Application for examination. Sum payable. Certificates. Classification and limitation. Certificate and fee. Section 10. The Board shall have the power to revoke the certificate of license of any general highway or street contractor licensed hereunder, who is found to be guilty of any fraud or deceit in obtaining a license, or who is guilty of incompetence, gross negligence, fraud, or misconduct in the practice of his profession, or in the carrying out of his contract. Any person may prefer charges of such fraud, deceit, negligence, or misconduct against any general contractor licensed hereunder. Such charges shall be in writing and sworn to by the complainant and submitted to the Secretary of the Board. Such charges, unless dismissed without hearing by the Board as unfounded and trivial, shall be heard and determined by the Board within three months after the date on which said charges were preferred. The time and place for such hearing shall be fixed by the Board. A copy of the charges, together with notice of the time and place of hearing, shall be served on the accused at least fifteen (15) days before the date

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fixed for the hearing, and in the event that such service cannot be perfected within fifteen (15) days before such hearing, then the date of hearing and determination of the case shall be postponed to such time as to enable the carrying out of this condition. At said hearing the accused shall have the right to appear in person and by counsel, and to cross examine witnesses against him, and to produce evidence in his defense, whether documentary or personal testimony. If after said hearing the Board unanimously votes in favor of finding the accused guilty as charged, the Board is further authorized to prosecute in the criminal courts of this State any one operating, bidding, or attempting to operate or bid, on any highway or street contracting project as defined in this Act without first having obtained a certificate of license as hereinbefore provided. The Board may re-issue a license to any person, firm or corporation whose license has been revoked if the three members of the Board vote in favor of such re-issuance for reasons the Board may deem sufficient. A certificate of license to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules and regulations of the Board. Revocation of license. Hearing. Reissuance of license. Section 11. Any person, firm or corporation engaging directly or indirectly in the business of general highway or street contracting in Georgia as such business is defined in Section 1 of this Act without first obtaining a license as provided in this Act, and any person, firm or corporation presenting or attempting to file as his own the license certificate of another, or who shall give false or forged evidence to the Board, or to any member thereof in obtaining a certificate of license, or who shall falsely impersonate another and thereby practice a fraud in obtaining such certificate of license, or who shall use, or operate with, an expired or revoked certificate of license, shall be deemed guilty of a misdemeanor and when adjudged guilty thereof in a court of competent jurisdiction shall for each such offense be sentenced to a fine of not less than $100.00 nor

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more than $500.00, or imprisonment of not less than one or more than three months, or both fine and imprisonment in the discretion of the Court trying such case. Penalty for violation. Section 12. It shall be the duty of the Secretary of the Board to make a monthly report from and after the passage of this Act to the Secretary of State, setting out in detail the name of the contractor, location of the work, and estimated cost of the said work, where the same shall exceed an amount in the sum of $15,000.00 for all contracts which have been let coming to his notice and not heretofore reported to him. Secretary's report. Section 13. The provisions of this Act shall not apply to contracts being performed on military reservation work, navy yard work and marine training station work. Non-application. Section 14. The members on the Board established under this Act shall receive as compensation the sum of $10.00 per diem when actually in attendance on regular or special meetings of the said Board, together with their actual traveling expenses to and from the said meeting. Pay of board members. Section 15. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. ROAD REGULATIONS BY COUNTIES. No. 196. An Act to provide that in all counties in this State having a population of two hundred thousand (200,000) or more inhabitants by the United States census of 1930 or any future U. S. census, the Board of Commissioners of Roads and Revenues of said counties or such other county authorities as have charge of the roads and revenues of said counties shall have full power and authority to make

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rules and regulations as to traffic on the public roads of the county outside of the limits of incorporated municipalities, which power shall include the power to regulate parking of vehicles; to declare and define congested areas and restricted districts relative to parking, speed of vehicles and similar matters relating to the use of the public roads by vehicular traffic and to regulate the use of said roads by pedestrians; to provide that such rules and regulations shall have the force and effect of statutes of the State of Georgia and to provide that the violation of any of such rules and regulations shall be a misdemeanor and punishable 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 the authority of the same that in all counties in this State having a population of 200,000 or more inhabitants by the United States census of 1930 or any future United States census, the Board of Commissioners of Roads and Revenues or other county authorities having charge of the roads and revenues of the county shall have full power and authority to make rules and regulations as to the use of the public roads of the county outside of the incorporated areas of municipalities and shall have full power and authority to make regulations relative to the use of such public roads by vehicular and pedestrian traffic upon said roads, which rules and regulations are hereby declared to be and made of force and effect as the law of this State as if made and set out in detail in this statute. Regulatory powers in county. Section 2. Be it further enacted that in all counties in this State referred to in the preceding paragraph the Board of Commissioners of Roads and Revenues or other county authority having charge of the roads and revenues of such counties shall have full power and authority to prohibit, limit, restrict and otherwise regulate the parking of vehicles on the public roads of the county outside of the incorporated limits of municipalities and to define and declare what are

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congested areas and restricted territories relative to speed of vehicles, parking of vehicles and such other provisions as may be found by said Boards to be necessary to effectively provide for the safety and convenience of the citizens of the county as to the use of the public roads of the county outside of the incorporated limits of municipalities. Parking of vehicles on roads. Section 3. Be it further enacted by the authority aforesaid that violation of any of said rules and regulations of said Board of County Commissioners or other county authorities herein referred to be and the same is hereby declared to be a misdemeanor and punishable as provided in Section 27-2506 of the Code of Georgia of 1933. Violation a misdemeanor. Section 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 18, 1937. SANITARY REGULATIONS BY COUNTIES. No. 462. An Act to amend the Act approved December 18, 1901, entitled An Act to provide for the establishment by the county authorities of rules and regulations for the protection of the health of the several counties of the State and for preventing the introduction and spread of infectious and contagious diseases therein; to provide for the enforcement of such rules and regulations, and for other purposes as amended by the Act approved August 17, 1914, by providing that all counties in this State having a population of 200,000 or more inhabitants according to the United States census of 1930 or any future United States census, the Boards of Health of the counties coming within the provisions of said law shall have the power and authority to make rules and regulations for protecting

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the health of the county and for preventing the introduction, generation and spread of infectious and contagious diseases, rules for the care and management of communicable diseases, vaccination, to define nuisance, to provide for and empower the County Board of Health to make rules and regulations as to water closets, sewage disposal and similar matters, and to prohibit the installation and operation of septic tanks except upon approval of plans and specifications by the County Board of Health and to provide that the violation or continued violation of any of the provisions of the rules and regulations passed by the Board of Health of such counties may be restrained by injunction proceedings, 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 approved December 18, 1901, entitled An Act to provide for the establishment by the county authorities of rules and regulations for the protection of the health of the several counties of the State and for preventing the introduction and spread of infectious and contagious diseases therein; to provide for the enforcement of such rules and regulations, and for other purposes, as amended by the Act approved August 17, 1914, be and the same is hereby amended by adding the provisions set forth in the following sections of this Act: Act of 1901 amended. Section 1. The Boards of Health of the several counties of this State having a population of 200,000 or more inhabitants by the United States census of 1930 or any future United States census, are hereby fully authorized and empowered to make such rules and regulations as in their judgment are deemed advisable for protecting the health of the county and for preventing the introduction, generation and spread of infectious and contagious diseases. Said Boards of Health are fully authorized and empowered to make rules and regulations for the care and management

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of communicable diseases, rules relative to vaccination, to define nuisance, and to make rules and regulations as to water closets, sewage disposal and similar matters. Said Boards of Health are authorized and empowered to prohibit the installation and operation of septic tanks except upon approval of plans and specifications by the County Board of Health. Either one or more of the following acts of any person, firm or corporation, when done or committed contrary to any rule or regulation prescribed by the County Board of Health for the prevention of the introduction, or the generation or the spread of infectious or contagious diseases is hereby declared to be a nuisance and as such may be abated as now provided by law or dealt with as provided by Section 2 of this Act, namely: Regulations as to diseases. Nuisances. (a) The construction, alteration, repair or use of any dwelling, inclosure or house of any kind, or any portion thereof, used in any way with the housing of human beings; Dwellings. (b) The construction, alteration, repair or use of any barn or inclosure of any kind used in any way in connection with the keeping of domestic animals; Barns, etc. (c) The occupancy, tenancy, maintenance or possession of any real property, including property in any town or city, or any farm, pasture, ranch, or other land located in either town or city or rural area, or the letting of any such property, which may have located thereon any unsanitary condition which may have been declared by the rules and regulations prescribed by the County Board of Health as detrimental to the introduction, generation or spread of any infectious or contagious disease. Tenancy. Section 2. The Boards of Health of counties coming within the provisions of this Act be and they are hereby fully authorized and empowered to bring proceedings in the name of the county in the Superior Court of the county for injunction to prevent the violation, the threatened violation

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or any continued violation of any of the rules and regulations made and passed by the Board of Health of said county and it shall be the duty of the court to restrain and enjoin the violation, the threatened violation, or the continued violation of any of the rules and regulations of the County Board of Health passed pursuant to the provisions of this Act in such proceedings and the court is hereby fully empowered with jurisdiction to pass such orders as may be necessary to carry into effect the rules and regulations so made and provided by the County Board of Health. Injunctions. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 30, 1937. SANITATIONCONDEMNATION BY COUNTIES. No. 197. An Act (1) to empower the Board of Commissioners of Roads and Revenues or the ordinary, as the case may be, in counties having a population of 200,000 or more, as shown by the United States census of 1930, to acquire real estate by purchase or condemnation when such acquisition is necessary for slum clearance, the promotion of sanitation or to abate a health nuisance; (2) to authorize the condemnation thereof through the power of eminent domain; (3) to provide for the selection of such real estate; (4) to provide funds for such purchase or condemnation; (5) to provide for the use or sale of said lands; to repeal all laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Board of Commissioners of

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Roads and Revenues or the ordinary, as the case may be, in counties in this State having a population of 200,000 or more, as shown by the United States census of 1930, is hereby empowered to acquire by grant, purchase, lease, condemnation or other means, any real estate located in the county under the jurisdiction of such board or ordinary when the acquisition of such real estate will promote sanitation, remove a condition that is dangerous to the health of the citizens of said county, aid in slum clearance or abate a health nuisance. Acquirement of realty to promote sanitation Section 2. Be it further enacted by the authority aforesaid, that such Board of Commissioners of Roads and Revenues or the ordinary, as the case may be, is hereby empowered to invoke the law of eminent domain and to condemn any such real estate as provided in Section 36-101 to Section 36-607, inclusive, of the 1933 Code of Georgia. Eminent domain. Section 3. Be it further enacted by the authority aforesaid that any real estate to be acquired under the provisions of this Act shall be pointed out and selected by the health officer, county physician or Board of Health of the county in which same is located, and such health officer, county physician or Board of Health shall recommend the acquisition of such real estate to the Board of Commissioners of Roads and Revenues or to the ordinary, as the case may be, for approval or disapproval. Health officer's recommendation. Section 4. Be it further enacted by the authority aforesaid, that the purchase-price or award for any real estate acquired under the provisions of this Act may be paid out of any funds in the county treasury, however derived. Payment. Section 5. Be it further enacted by the authority aforesaid, that title to any real estate acquired under the provisions of this Act shall vest in the county through its usual and proper officers and may be used by said county for any sanitary or legitimate purpose, or may be sold by said

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county without limitation, such sale to be had in the usual manner of sales of real estate by said county. Title. Sale. Section 6. Be it further enacted by the authority aforesaid that if any part of this Act should be declared unconstitutional, then and in that event the remaining part or portion of said Act shall remain in full force and effect. Constitutionality. Section 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 are hereby repealed. Approved March 18, 1937. SECURITIES-COMMISSION ACT AMENDED. No. 79. An Act to amend an Act entitled An Act to create and establish the Securities Commission, to provide membership of said Commission, and define the duties and powers thereof, to define and classify securities, and regulate the sale thereof, to provide a penalty for the violation of this Act, and for other purposes, approved August 17, 1920, as amended by the Acts of the General Assembly approved August 21, 1922, August 28, 1931, and August 24, 1933, so as to more clearly define a security, to change the method of paying fees, to fix the punishment for the unlicensed sale of securities contrary to the provisions 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, that an Act, entitled An Act to create and establish the Securities Commission, to provide membership of said Commission, and define the duties and powers thereof, to define and classify securities, and regulate the sale thereof, to provide a penalty for the violation of this Act, and for other purposes, approved August 17, 1920, as amended by the Acts of the

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General Assembly approved August 21, 1922, August 28, 1931, and August 24, 1933, be, and the same is hereby, amended as follows: Acts of 1920, 1922, 1931, and 1933 amended. Section 1. By adding, at the end of the second paragraph of Section 5 of said Act, the following words: service agreements, powers of attorney, contracts of agency, and all other contracts, instruments, receipts and agreements whereby the seller or issuer agrees or proposes to use the proceeds thereof, or any part thereof, or any sums deposited thereunder, or any part thereof, for the purpose of buying, selling or dealing in securities, so that said paragraph, when so amended, shall read as follows: The word `securities' shall include stocks, bonds, debentures, notes, certificates of participation, certificates of shares of interest, pre-organization certificates and subscriptions, certificates evidencing shares in trust estates or associations, and profit sharing certificates, service agreements, powers of attorney, contracts of agency, and all other contracts, instruments, receipts and agreements whereby the seller or issuer agrees or proposes to use the proceeds thereof, or any part thereof, or any sums deposited thereunder, or any part thereof, for the purpose of buying, selling or dealing in securities. Securities inclusive. Section 2. By striking the last paragraph of Section 11 of said Act and substituting, in lieu thereof, the following: At the time of filing said statement the applicant shall pay to the Secretary of State a fee of one-twentieth of one per centum of the aggregate price at which the securities are to be offered for sale in this State for which the applicant is seeking registration, but in no case shall the fee be less than ten ($10.00) dollars. Registration fee. Section 3. By striking the last paragraph of Section 13 of said Act and substituting, in lieu thereof, the following:

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At the time of filing said statement the applicant shall pay to the Secretary of State a fee of one-tenth of one per centum of the aggregate price at which the securities are to be offered for sale in this State for which the applicant is seeking registration, but in no case shall the fee be less than twenty-five ($25.00) dollars. Fee. Section 4. By striking the words no additional fees or from the seventh line, the words on oath from the eleventh line, and the words and such dealer or broker will not be required for himself or the issuer to file separate applications for each issue of securities in Class `C' sold or dealt in by him at the end of the first paragraph of Section 14b of said Act, so that said paragraph, when so amended, shall read as follows: Section 14b. If the Secretary of State be satisfied of the good repute in business of such applicant, he shall, on the payment of a fee of fifty ($50.00) dollars renewable annually on the first of January of each year on a showing made that all of the provisions of this Act and the regulations of the Secretary of State have been complied with, register such applicant, as a licensed dealer or broker in securities and shall require of such licensed dealer or broker no additional statement evidencing the nature and character of the securities offered for sale by him, except, in the case of securities in Class `C,' notice of his intention so to do, followed within such time as may be prescribed by the Secretary of State, by a brief statement showing that the security to be offered is in said class, and in case of securities based on real estate mortgages, proof of the value of the real estate mortgaged and a sworn opinion by a reputable attorney supporting the title thereto. Registration statement and fee. Section 5. By striking out all of Section 15 of said Act. Section 6. By striking out the first paragraphs of Sections 35a and 36 of said Act, and substituting, in lieu of

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said last mentioned paragraph, a new paragraph, as follows: Section 36. Any issuer, dealer, broker, solicitor, agent, or other person, who shall sell, or offer for sale, in this State, any security, as defined by this Act, or shall sell, or offer for sale, any interest in any real estate, as defined by this Act, without first having secured a license so to do from the Secretary of State, in accordance with the provisions of this Act, except as otherwise expressly exempted herein, shall be guilty of a felony, and, on conviction, shall be published by imprisonment in the State Penitentiary not less than one nor more than five years; Provided, however, said crime may be reduced to a misdemeanor as provided in Section 27-2501 of the Code of Georgia. Violation a felony. Section 7. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 2, 1937. SOLICITOR-GENERAL, ASSISTANT FOR, INSTEAD OF SPECIAL CRIMINAL BAILIFF. No. 466. An Act to amend an Act of the General Assembly of Georgia of 1890-91, page 223, providing for the appointment of special criminal bailiffs in counties having a population of twenty thousand, or more, as amended by the General Assembly of Georgia of 1929, pages 177-79 and 179-82, providing for the salary of said special bailiffs in counties having a population of not less than seventy thousand and not more than ninety thousand by providing that in counties having a population according to the United States census of 1930, or any future United States

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census of not less than seventy thousand and not more than eighty thousand there shall be an Assistant Solicitor-General in lieu of the said special criminal bailiff: Providing for the salary of said Assistant Solicitor-General and for the oath, duties and qualifications for such office; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia of 1890-91, to wit, Georgia Laws, 1890-91, page 223, the same providing for the appointment of special criminal bailiffs in counties of this State having a population of twenty thousand (20,000), or more, and the amendments to said Act by the General Assembly of Georgia of 1929, to wit, Georgia Laws, 1929, pages 177-79 and 179-82, Providing for the salary of said special criminal bailiffs in counties having a population according to the United States census of 1920, or any future United States census of not less than seventy thousand (70,000) and not more than ninety thousand (90,000) be, and the same are hereby amended by adding the following provisos: Provided, however, that in all counties of this State having a population according to the United States census of 1930, or any future United States census, of not less than seventy thousand (70,000), and not more than eighty thousand (80,000), the Solicitor-General may appoint, with the approval of the judge of the Superior Court of the circuit wherein the county of the appointment is situate, an Assistant Solicitor-General; the said Assistant Solicitor-General to be subject to removal by the Solicitor-General, with the approval of the judge of the Superior Court, for misconduct in office, or other sufficient cause, to be judged of by them. Said Assistant Solicitor-General shall be appointed as aforesaid, in lieu of the special criminal bailiff hereinbefore provided, and no other investigator or assistant shall be employed by the Solicitor-General in the county of the said Assistant

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Solicitor-Generals' appointment. Said Assistant Solicitor-General when appointed, and before assuming the office, shall take the same oath of office, in substance, as is prescribed for Solicitor-General in this State. The duties of the said Assistant Solicitor-General shall be to assist the Solicitor-General in the performance of his duties in the county of the Assistant Solicitor-Generals' appointment, and to act therein for the Solicitor-General in the case of his absence, sickness, or otherwise; the said Assistant Solicitor-General to act as a special investigator in preparing all criminal business pending in the Superior Court in the county of said Assistant's appointment. The salary of the said Assistant Solicitor-General shall be fixed by the county commissioners of said county, but shall not be less than two hundred ($200.00) dollars per month, to be paid monthly out of the County Treasury of the county of said Assistant's appointment. Appointment of assistant in lieu of bailiff, in certain counties. Oath. Duties. Salary. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted that the said Assistant Solicitor-General shall have been a resident of the County of his appointment for a period of at least one year prior to his appointment; that he shall be at least twenty-one years of age at the time of assuming the office and shall have been engaged in the practice of law for a period of at least three years prior to his appointment. Eligibility. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 30, 1937. TAX-COLLECTORS' DEPUTIESPOWERS. No. 192. An Act to vest in the Tax-Collectors of the State of Georgia in all the counties thereof having a population of, according

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to the census of the United States of the year 1930 or any future census of not less than 25,600 and not more than 25,650 the power and authority to appoint one or more deputies which shall have all the powers and duties of sheriffs and lawful constables in their respective counties relative only to the collection of all tax fi. fas. issued by such tax-collectors, to make levy, advertisement of the sale of property so levied, sell and execute conveyance of such property; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that all tax-collectors of the State of Georgia in all counties thereof having a population of not less than 25,600 and not more than 25,650 according to the census of the United States of 1930 or that may hereafter have such a population shall have power and authority to appoint one or more deputies which shall be vested with full powers and duties of sheriffs and lawful constables of such county or their respective counties, in so far only as to authorize such deputy tax-collector or constables in their respective counties to levy and collect the tax fi. fas. issued by said tax-collector by levy and sale of said fi. fas.; and that said deputy tax-collectors be vested with full power and authority to levy any and all tax fi. fas. issued by them whether prior to the passage of this Act or subsequently, as fully as if done by the sheriffs of said counties and shall have power of sheriffs to bring all property subject to fi. fas. to sale and to sell the same as fully and effectively as if done by the sheriffs of said counties, and shall have full power and authority not only to seize and levy on all property subject to fi. fas. but shall have all the powers now vested in sheriffs, and constables for the advertisement of the same for sale, and for the sale of the same and for the making and delivery of all due and proper conveyances and bills of same; and

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all the acts of said deputy tax-collectors shall be as valid and binding as if done by the sheriffs of said counties. Appointment of deputies in certain counties. Powers. Section 2. Said deputy tax-collectors shall have no power or authority with respect to any fi. fas. except such as may be issued by tax-collectors or their predecessors in office for the enforcement of the collection of taxes; but as regarding the collection of taxes the said deputy tax-collectors shall have power to do and perform all acts and things as fully and effectively as if done by the sheriffs or constables of said counties; but that all acts done and performed by the tax-collectors of said counties by virtue of this Act shall be done in conformity to the law now in force, governing the performance of the same by the sheriffs and constables of the counties and all advertisements of the property to be sold by said tax-collectors which are required by law to be published in a newspaper shall be made in the newspaper in which the sheriffs' advertisements for said counties are published. Limitation of power. Section 3. The said deputy tax-collectors are required to give such bond as may be required by said tax-collectors; but said deputy or deputies shall have no power or authority except with respect to the collection of taxes, and shall hold office at the will of the tax-collector. The tax-collector shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Bond. Section 4. The compensation to be paid the said deputy or deputies tax-collectors in said counties for services shall be the same as that fixed by law for the compensation of sheriffs and lawful constables in said counties, and the same shall be paid in the same manner. Pay. Section 5. The deputy or deputies tax-collectors in said counties may be designated as county police and paid additional compensation in the discretion of the board of commissioners or ordinary as the case may be. County police.

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This Act is to become effective immediately upon its passage and approval in order that 1937 and all prior and future county and State tax fi. fas. embraced under this Act may be handled by the deputy collectors specified herein. Act effective. Section 6. Be it enacted that all laws and parts of laws in conflict herewith be and the same are repealed. Approved March 18, 1937. TAX EXECUTIONSDISCOUNT ON SALE AND TRANSFERLIENS AND RIGHTS. No. 130. An Act to authorize and provide for the allowance of a discount on the sale and transfer, in blocks, of executions issued for ad valorem taxes by any county and any city or municipality located in any county, having a population of two hundred thousand (200,000) or more, according to the United States census of 1930 or any future census; to provide authority for transferring such tax executions where a discount has been allowed; to fix and prescribe the effect of such transfers, the lien of executions so transferred, and the rights, powers, powers and liens of the persons or corporations to whom such executions are transferred; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that on and after the passage and adoption of this Act, the officials and groups or bodies of officials (such as the Board of Commissioners of Roads and Revenues of a county, the mayor and council of a city, having charge of the fiscal affairs of any county in the State of Georgia, and of any city or municipality located in any county in the State of Georgia, having a population of two hundred thousand (200,000) or more according to the

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United States census of 1930 or any future census, shall have the right and power, for and in the name of the several such counties, cities and municipalities, as the case may be, to sell and transfer, in lot blocks of the aggregate principal amount of not less than ten thousand ($10,000) dollars, executions issued for delinquent ad valorem taxes, at a discount or discounts of not to exceed ten (10%) per cent of the principal amount, and interest, then due on said executions, and the transferee of executions sold and transferred shall have the same rights, powers, liens and priorities as do the transferees of tax executions transferred in accordance with the existing law of this State where no discount is allowed; Provided, however, that where a discount is allowed on the sale and transfer of any executions which include taxes due the State, no part of such discount shall be deducted from the portion of said taxes payable to the State and the portion of the discount applicable to the taxes due the State shall be absorbed by the county; and Provided further that there shall not be included in any lot or block or tax executions sold and transferred at a discount, any executions which exceed, or any number of executions against the same person or corporation which exceed, in principal amount, twenty (20%) per cent. of the total principal amount of the executions in such lot or block of executions. Sale and transfer in certain counties. Discount. Section 2. Be it further enacted by the authority aforesaid that whenever the official or officials authorized by this Act to sell and transfer executions at a discount shall determine to do so, a schedule of the executions so to be transferred, together with the name of the person or corporation to whom or to which said executions are to be transferred, and the discount to be allowed, shall be furnished, in writing, to the officer charged by law with the duty of enforcing the executions so to be transferred; and, upon receipt from the purchaser so designated, of the amount of the principal, interest and costs then due on said executions,

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less the discount specified in such written notice, the officer charged by law with the duty of enforcing such executions shall transfer and deliver said executions to the person or corporation making such payment; and such transfers shall recite, as the consideration therefor, the receipt of the full amount of such executions, as though no discount had been allowed, and such transfers shall vest in the transferee, his or its successors and assigns, the full priority of lien, and all of the rights and powers for enforcing such executions and collecting the full amount thereof, including both principal, interest and costs, which were at the time of the transfer possessed or held by the State, county, city or municipality by, for or in the name of which said executions were issued, and such transferee, its successors and assigns, shall be subrogated to all of the rights and powers in respect to said executions possessed by, or which would thereafter accrue to the State, county, municipality or city by, for or in the name of which said executions were issued, had no transfer been made; and the lien of such executions shall not be divested by any sale under any other process, judicial or otherwise, or by any sale to satisfy any prior or any subsequent tax lien; Provided said transferee shall have said executions entered on the general execution docket of the Superior Court of the county in which the same were issued, and, if the person against whom the same were issued resides in a different county, then also in the county of such person's residence within thirty days of the date of said transfers, in default of which record, such executions shall lose their lien upon any property which has been transferred bona fide and for a valuable consideration before the record and without notice of the existence of such executions. Schedule. Transfer and delivery. Lien priority. Docket entry. Default of record. Section 3. Be it further enacted by the authority aforesaid that nothing done, or omitted to be done, by any officer or employee of the State, county, city or municipality by, for or in the name of which the executions so sold and

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transferred were issued shall prevent or in any way interfere with the collection of the full amount of the principal, interest and costs due on, and in accordance with the terms of, said executions; and no person or corporation liable for the payment of the taxes represented by said executions, or desiring for any reason to pay such taxes, shall be entitled to any credit or benefit from or on account of the discount allowed to the transferee of such executions; and the collection of such executions shall not be defeated for any reason except upon proof that the tax has been paid or that the property on which the tax was assessed is exempt from taxation under the laws of the State. Act or omission not preventing collection. Proof. Section 4. Be it further enacted by the authority aforesaid that tax executions sold and transferred at a discount in accordance with the provisions of this Act shall not be enforced by levy within three months of the date of the transfer; but nothing in this section contained shall be held or construed to in anywise affect or impair the lien, or priority of lien, of such executions, or to interfere with the collection of such executions in any other manner than by levy thereof. Levy stayed. Priority of lien. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1937. TRACKLESS TROLLEYS AUTHORIZED. No. 400. An Act to authorize, without action of the Public Service Commission, any street railroad, street railroad corporation, suburban street railroad, interurban street railroad, or any company or person or persons owning, leasing or operating street railroads, suburban street railroads, or

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interurban street railroads, in this State, to substitute what is known as trackless trolleys for the present rail systems, or parts thereof, provided consent thereto is obtained from each municipality affected thereby; which consent on the part of any municipality shall never be construed to impair any valid, subsisting contract or ordinance contract now in existence between any such municipality, and such company; and providing that nothing in this Act shall be construed to impair any valid, subsisting contract or ordinance contract now in existence between any such municipality and any such company, and providing that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect of such substituted service, fares which have been heretofore fixed by contract or ordinance contract on the line or lines on which such trackless trolleys may be substituted; which fares shall in all respects appertain and apply to such substituted service, when thus inaugurated; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. Any street railroad, street railroad corporation, suburban street railroad, interurban street railroad, or any company or person or persons owning, leasing or operating street railroads, suburban street railroads, or inter-urban street railroads, in this State, shall by virtue of this Act, and without any action on the part of the Public Service Commission, have the right and privilege of substituting what is known as trackless trolleys on any part or line of their respective railroad systems; Provided consent thereto is obtained from each municipality affected by any such proposed substitution; which consent on the part of any municipality shall never be construed to impair any valid, subsisting contract or ordinance contract now in exisence

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between any such municipality and any such company; and, Provided, further, that nothing in this Act shall ever be construed to impair any valid, subsisting contract or ordinance contract now in existence between any such municipality and any such company; and, Provided, further, that the Public Service Commission shall not have the power or authority to increase, or authorize the increase of, in respect of such substituted service, fares which have heretofore been fixed by contract or ordinance contract on the line or lines on which such trackless trolleys may be so substituted; which fares shall in all respect appertain and apply to such substituted service, when thus inaugurated. Substitution for tracks. Consent. Contracts. Fares. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. TRADE NAME; PROTECTION AGAINST UNLAWFUL COMPETITION No. 100. An Act to protect trade-mark owners, producers, distributors, and the general public against injurious and uneconomic practices in the distribution of competitive commodities bearing a distinguishing trade-mark, brand or name, through the use of voluntary contracts establishing minimum resale prices, and providing for refusal to sell unless such minimum resale prices are observed; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following terms, as used in this Act are hereby defined as follows: Definition of terms. (A) Commodity means any subject of commerce.

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(B) Producer means any grower, baker, maker, manufacturer, bottler, packer, converter, processor, or publisher. (C) Wholesaler means any person selling a commodity other than a producer or retailer. (D) Retailer means any person selling a commodity to consumers for use. (E) Person means an individual, a corporation, a partnership, an association, a joint stock company, a business trust or any unincorporated organization. Section 2. No contract relating to the sale or resale of a commodity which bears, or the label or container of which bears, the trade-mark, brand, or name of the producer or distributor of such commodity and which commodity is in free and open competition with commodities of the same general class produced or distributed by others shall be deemed in violation of any law of the State of Georgia by reason of any of the following provisions which may be contained in such contract: Contract provisions not invalid. (A) That the buyer will not resell such commodity at less than the minimum price stipulated by the seller. (B) That the buyer will require of any dealer to whom he may resell such commodity an agreement that he will not, in turn, resell at less than the minimum price stipulated by the seller. (C) That the seller will not sell such commodity: (1) To any wholesaler, unless such wholesaler will agree not to resell the same to any retailer unless the retailer will in turn agree not to resell the same except to consumers for use and not at less than the stipulated minimum price, and such wholesaler will likewise agree not to resell the same to any other wholesaler unless such other

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wholesaler will make the same agreement with any wholesaler or retailer to whom he may resell; or (2) To any retailer, unless the retailer will agree not to resell the same except to consumers for use and at not less than the stipulated minimum price. Section 3. For the purpose of preventing evasion of the resale price restrictions imposed in respect of any commodity by any contract entered into pursuant to the provisions of this Act (except to the extent authorized by the said contract): Evasion. (A) The offering or giving of any article of value in connection with the sale of such commodity; (B) The offering or the making of any concession of any kind whatsoever (whether by the giving of coupons or otherwise) in connection with any such sale; or (C) The sale or offering for sale of such commodity in combination with any other commodity, shall be deemed a violation of such resale price restriction, for which the remedies prescribed by Section 6 of this Act shall be available. Section 4. No minimum resale price shall be established for any commodity, under any contract entered into pursuant to the provisions of this Act, by any person other than the owner of the trade-mark, brand or name used in connection with such commodity or by a distributor specifically authorized to establish said price by the owner of such trade-mark, brand or name. No minimum price. Section 5. No contract containing any of the provisions enumerated in Section 2 of this Act shall be deemed to preclude the resale of any commodity covered thereby without reference to such contract in the following cases: Resales. (A) In closing out the owner's stock for the bona fide purpose of discontinuing dealing in any such commodity

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and plain notice of the fact is given to the public; Provided the owner of such stock shall give to the producer or distributor of such commodity prompt and reasonable notice in writing of his intention to close out said stock, and an opportunity to purchase such stock at the original invoice price; (B) When the trade-mark, brand or name is removed or wholly obliterated from the commodity and is not used or directly or indirectly referred to in the advertisement or sale thereof; (C) When the goods are altered, second-hand, damaged, defaced, or deteriorated and plain notice of the fact is given to the public in the advertisement and sale thereof, such notice to be conspicuously displayed in all advertisements and to be affixed to the commodity; (D) By any officer acting under an order of court. Section 6. Willfully and knowingly advertising, offering for sale or selling any commodity at less than the price stipulated in any contract entered into pursuant to the provisions of this Act, whether the person so advertising, offering for sale or selling is or is not a party to such contract, is unfair competition and is actionable at the suit of any person damaged thereby. Unfair competition actionable. Section 7. This Act shall not apply to any contract or agreement between or among producers or distributors or between or among wholesalers or between or among retailers as to sale or resale prices. Non-application of Act. Section 8. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby. Invalidity.

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Section 9. This Act may be known and cited as the Fair Trade Act. Citation. Section 10. All laws or parts of laws inconsistent herewith are repealed hereby to the extent of such inconsistency. Approved March 4, 1937. TRADE NAME REGISTRATION No. 353. An Act to provide for the registration of trade names, partnership names, and other names not disclosing the individual or corporate ownership of trades, or businesses carried on under such names; to prescribe exclusive penalties for violation of this Act; to repeal prior regulations and to prescribe the effect thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Every person, firm, partnership, or corporation carrying on in this State any trade or business under any trade name or partnership name or other names, which does not disclose the individual or corporation ownership of the trade, business, or profession carried on under such name, shall within 30 days from the approval of this Act or thereafter before commencing to do business, file in the office of the clerk of the Superior Court of the county in which said business is chiefly carried on, or in case of a domestic corporation, using any name other than its corporate name, in the county of its legal domicile, a registration statement, verified by affidavit, setting forth the name or names and address of the person, persons, firm, partnership, or corporation owning and carrying on said trade or business, and the trade, partnership, or other name used; and shall, upon any change of ownership, likewise

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file a new and amended statement of registration: Provided, that no person, firm, partnership, or corporation already registered shall be required to re-register except in the event of a change of ownership: Provided, further, that this Act shall not apply to persons practicing any profession under a partnership name. Registration statement. Section 2. The clerk shall register the same by filing the verified statement in his office, and shall keep an alphabetical index of all such registrations in a permanent record book to be kept in his office; said index to show the trade, partnership, or other name registered, and in connection therewith the names of the owners. The applicant for registration shall accompany each registration statement with a fee of fifty ($0.50) cents to be paid to the clerk. Index. Section 3. Any person, firm, partnership, or corporation carrying on any trade, or business subject to registration under Section 1 of this Act, without filing such registration as required by Section 1 shall be guilty of a misdemeanor, and on conviction shall be punished as provided by Section 27-2506 of the Code of 1933, but shall suffer no other or further penalty or forfeiture on account of any such failure to register, except costs as hereinafter provided. Penalty. Section 4. All existing laws providing penalties for failure to file or register any such trade, partnership, or other such name, including Sections 106-301 to 106-304 of the Civil Code of this State, are repealed. Repeal of laws. Section 5. The effect hereof shall be that no contract or undertaking entered into by any person, firm, or corcorporation, whether heretofore or hereafter entered into, shall be invalidated or declared illegal on the ground that the same was entered into in a trade or partnership name not filed or registered in accordance with the laws in force at the time such contract or undertaking was entered into;

Page 806

but all such contracts and undertakings are expressly validated as against any such objection; and no suit or action heretofore or hereafter instituted by any such person, firm, partnership, or corporation, whether sounding in contract or tort, shall be defeated because of any such failure to register. But the party who has failed to register his trade or partnership name at the time suit is filed, as required by this Act, shall be cast with court costs. Contracts not invalid. Suits not defeated. Costs. Section 6. This Act shall not apply to corporations doing business in their corporate names. Section 7. All conflicted laws are repealed. Approved March 29, 1937. UNEMPLOYMENT COMPENSATION LAW. No. 335. An Act to provide for the establishment of an unemployment compensation division in the State Department of Labor; to provide that the Commissioner of said department shall define the powers and functions of said division and by and with the approval of the Governor appoint a Director thereof; to define the duties of the Commissioner; to prescribe the activities of said division; to provide for an unemployment compensation fund; to provide for contributions to such fund; and the collection thereof; to provide for benefit payments from such fund; to provide eligibility conditions for such benefits; to provide for the settlement of benefit claims; to establish a Board of Review; to provide for judicial review of disputed benefit claims; to provide for the appointment of and compensation of the employees of the division and such other expenses as the Commissioner finds necessary; to authorize reciprocal benefit arrangements with other States or the Federal Government; to prohibit

Page 807

the waiver of rights and benefits arising hereunder; to prohibit the assignment of benefits; to regulate attorneys' fees in cases arising under this Act; to provide for representation in court; to provide penalties for failure to comply with or violation of this Act; to establish an unemployment compensation administration fund; to create the Georgia State Employment Service in the division as a section thereof; to make an appropriation for the maintenance of employment offices; to accept the benefits of an Act of Congress, approved June 6, 1933, entitled An Act to provide for the establishment of a National Employment System, and for cooperation in the State in the promotion of such system and for other purposes; to retain the right to amend or repeal this Act; to cooperate with the Federal Social Security Board; 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: SHORT TITLE. Section 1. This Act shall be known and may be cited as the Unemployment Compensation Law. Citation. DECLARATION OF STATE PUBLIC POLICY. Section 2. As a guide to the interpretation and application of this Act, the public policy of this State is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this State. Involuntary unemployment is therefore a subject of general interest and concern, which requires appropriate action by the Legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker or his family. The achievement of social security requires protection against this greatest hazard of our economic life.

Page 808

This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this State require the enactment of this measure, under the police powers of the State, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own. State policy. BENEFITS. Section 3. (a) Payment of Benefits. Twenty-four months after the date when contributions first accrue under this Act, benefits shall become payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as the Commissioner may prescribe. Benefits payable. (b) Weekly Benefit Amount for Total Unemployment. Each eligible individual who is totally unemployed (as defined in Section 19 (k) (1)) in any week shall be paid, with respect to such week, benefits at the rate of fifty per centum of his full-time weekly wages, but not more than $15.00 per week, nor less than either $5.00 or three-fourths of his full-time weekly wage, whichever is the lesser. Weekly. (c) Weekly Benefit for Partial Unemployment. Each eligible individual who is partially unemployed (as defined in Section 19 (k) (2)), in any week shall be paid with respect to such week a partial benefit. Such partial benefit shall be an amount equal to the difference between his weekly benefit amount (as defined in Section 19 (2)) and five-sixths of his wages (as used in Section 19 (k)) for such week. If such partial benefit for any week equals less than

Page 809

$2.00, it shall not be payable unless and until the accumulated total of such partial benefit with respect to weeks occurring within the thirteen preceding weeks equals $2.00 or more. Part unemployment. (d) Determination of Full-Time Weekly Wage. (1) The full-time weekly wage of any individual means the weekly wages that such individual would receive if he were employed at the most recent wage rate earned by him for employment by an employer during the period prescribed pursuant to paragraph 3 of this subsection, and for the customary scheduled full-time weekly hours prevailing for his occupation in the enterprise in which he last earned wages for employment by an employer during the same period. Full-time wages. (2) If the Commissioner finds that the full-time weekly wage, as above defined, would be unreasonable or arbitrary or not readily determinable with respect to any individual, the full-time weekly wage of such individual shall be deemed to be one-thirteenth of his total wages for employment by employers during that quarter in which such total wages were highest during the period prescribed pursuant to paragraph 3 of this subsection. Determination. (3) The full-time weekly wage of any individual shall be determined and redetermined at such reasonable times as the Commissioner may find necessary to administer this Act and may by regulation prescribe. The period hereinabove referred to shall consist of the next to the last completed calendar quarter immediately preceding the date with respect to which an individual's full-time weekly wage is determined, and such of the seven immediately preceding consecutive calendar quarters as the Commissioner may by regulation prescribe. (e) Duration of Benefits. The Commission shall compute wage credits for each individual by crediting him with

Page 810

the wages earned by him for employment by employers during each quarter, or $390.00, whichever is the lesser. Benefits paid to any eligible individual shall be charged, in the same chronological order as such wages were earned, against one-sixth of his wage credits which are based upon wages earned during his base period, and which have not been previously charged hereunder. The maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed whichever is the lesser of (1) sixteen times his weekly benefit amount and (2) one-sixth of such uncharged wage credits with respect to his base period. Duration of benefits. (f) Part-Time Workers. (1) As used in this subsection the term part-time worker means an individual whose normal work is in an occupation in which his services are not required for the customary scheduled full-time hours prevailing in the establishment in which he is employed, or who, owing to personal circumstances, does not customarily work the customary scheduled full-time hours prevailing in the establishment in which he is employed. Part-time work. (2) The Commissioner shall prescribe fair and reasonable general rules applicable to part-time workers, for determining their full-time weekly wage, and the total wages for employment by employers required to qualify such workers for benefits. Such rules shall, with respect to such workers, supersede any inconsistent provisions of this Act, but, so far as practicable, shall secure results reasonably similar to those provided in the analogous provisions of this Act. Rules and regulations. BENEFIT ELIGIBILITY CONDITIONS. Section 4. An unemployed individual shall be eligible to receive benefits with respect to any week only if the Commissioner finds that: Eligibility.

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(a) He has registered for work at and thereafter has continued to report at an employment office in accordance with such regulations as the Commissioner may prescribe. (b) He has made a claim for benefits in accordance with the provisions of Section 6 (a) of this Act. (c) He is able to work, and is available for work. (d) Prior to any week for which he claims benefits he has been totally unemployed for a waiting period of two weeks (and for the purposes of this subsection, two weeks of partial unemployment shall be deemed to be equivalent to one week of total unemployment). Such weeks of total or partial unemployment or both need not be consecutive. No week shall be counted as a week of total unemployment for the purposes of this subsection: (1) Unless it occurs within the thirteen consecutive weeks preceding the week for which he claims benefits, Provided that this requirement shall not interrupt the payment of benefits for consecutive weeks of unemployment; and Provided, further, that no individual shall be required to accumulate more than five waiting period weeks during any sixty-five consecutive week period; (2) If benefits have been paid with respect thereto; (3) Unless the individual was eligible for benefits with respect thereto in all respects except for the requirements of subsections (b) and (e) of this section; (4) Unless it occurs after benefits first could become payable to any individual under this Act. (e) He has within the first three out of the last four completed calendar quarters immediately preceding the first day of his benefit year, earned wages for employment by employers equal to not less than 16 times his weekly benefit amount.

Page 812

DISQUALIFICATION FOR BENEFITS. Section 5. An individual shall be disqualified for benefits (a) For the week in which he has left work voluntarily without good cause, if so found by the Commissioner and for not more than the five weeks which immediately follow such week, as determined by the Commissioner according to the circumstances in each case. Disqualification. (b) For the week in which he has been discharged for misconduct connected with his work, if so found by the Commissioner and for not more than the five weeks which immediately follow such week, as determined by the Commissioner in each case according to the seriousness of the misconduct. (c) If the Commissioner finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the Commissioner or to accept suitable work when offered him, or to return to his customary self-employment (if any) when so directed by the Commissioner. Such disqualification shall continue for the week in which such failure occurred and for not more than five weeks which immediately follow such week as determined by the Commissioner according to the circumstances in each case. (1) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation, and the distance of the available work from his residence. Suitable work. (2) Notwithstanding any other provisions of this Act, no work shall be deemed suitable and benefits shall not be denied under this Act to any otherwise eligible individual

Page 813

for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) If the wages, hours, or other conditions of the work offered are less favorable to the individual than those prevailing for similar work in the locality; (c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. (d) For any week with respect to which the Commissioner finds that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he is or was last employed; Provided, that this subsection shall not apply if it is shown to the satisfaction of the Commissioner that Labor disputes. (1) He is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and (2) He does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; Provided, that if in any case separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment, or other premises; and Separate works. Provided, further, that when a stoppage of work due to a labor dispute ceases and operations are resumed at the factory, establishment, or other premises at which he is or was last employed, but he has not been restored to such last

Page 814

employment, his disqualification for benefits under this subsection shall be deemed to have ceased at such time as the Commissioner shall determine such stoppage of work to have ceased and such operations to have been resumed. Cessation of disqualification. (e) For any week with respect to which he is receiving or has received remuneration in the form of (1) Wages in lieu of notice; (2) Compensation for temporary partial disability under the Workmen's Compensation Law of any State or under a similar law of the United States; or (3) Old-age benefits under Title 2 of the Social Security Act, as amended, or similar payments under any Act of Congress; Provided, that if such remuneration is less than the benefits which would otherwise be due under this Act, he shall be entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration. CLAIMS FOR BENEFITS. Section 6. (a) Filing. Claims for benefits shall be made in accordance with such regulations as the Commissioner may prescribe. Each employer shall post and maintain printed statements of such regulations in places readily accessible to individuals in his service and shall make available to each such individual at the time he becomes unemployed, a printed statement of such regulations. Such printed statements shall be supplied by the Commissioner to each employer without cost to him. Claims. (b) Initial Determination. A representative designated by the Commissioner, and hereinafter referred to as a deputy, shall promptly examine the claim and, on the basis of the facts found by him, shall either determine whether or not such claim is valid, and if valid, the week with respect

Page 815

to which benefits shall commence, the weekly benefit amount payable and the maximum duration thereof, or shall refer such claim or any question involved therein to an appeal tribunal which shall make its decision with respect thereto in accordance with the procedure described in subsection (c) of this section, except that in any case in which the payment or denial of benefits will be determined by the provisions of Section 5 (d) of this Act, the deputy shall promptly transmit his full findings of fact with respect to that subsection to the Commissioner, who, on the basis of the evidence submitted and such additional evidence as he may require, shall affirm, modify, or set aside such findings of fact and transmit to the deputy a decision upon the issues involved under that subsection, which shall be deemed the decision of the deputy. The deputy shall promptly notify the claimant and any other interested party of the decision and the reasons therefor. The deputy may for good cause reconsider his decision and shall promptly notify the claimant and such other interested parties of his amended decision and the reasons therefor. Unless the claimant or any such interested party, within five calendar days after the delivery of the deputy's notification, or within seven calendar days after such notification was mailed to his last known address, files an appeal from such decision, such decision shall be final and benefits shall be paid or denied in accordance therewith. If any appeal is duly filed, benefits with respect to the period prior to the final decision of the Board of Review, shall be paid only after such decision: Provided, that if an appeal tribunal affirms a decision of a deputy, or the Board of Review affirms a decision of an appeal tribunal, allowing benefits, such benefits shall be paid regardless of any appeal which may thereafter be taken, but if such decision is finally reversed, no employer's account shall be charged with benefits so paid. Determination. (c) Appeals. Unless such appeal is withdrawn, an appeal tribunal, after affording the parties reasonable opportunity

Page 816

for fair hearing, shall affirm or modify the findings of fact and decision of the deputy. The parties shall be duly notified of such tribunal's decision, together with its reasons therefor, which shall be deemed to be the final decision of the Board of Review, unless within ten days after the date of notification or mailing of such decision, further appeal is initiated pursuant to subsection (e) of this section. Appeal. (d) Appeal Tribunals. To hear and decide disputed claims, the Board of Review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried referee, selected in accordance with 11 (d) of this Act, or a body consisting of three members, one of whom shall be a salaried referee, who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees; each of the latter two members shall serve at the pleasure of the Board of review and be paid a fee of not more than $10.00 per day of active service on such tribunal plus necessary expenses. No person shall participate on behalf of the Commissioner or the Board of Review in any case in which he is an interested party. The Board of Review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates. In no case shall the hearings proceed unless the chairman of the appeal tribunal is present. The Commissioner shall provide the Board of Review and such appeal tribunals with proper facilities and assistants for the execution of their functions. Tribunals. (e) Board of Review. The Board of Review may on its own motion affirm, modify, or set aside any decision of an appeal tribunal on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision to initiate further appeals before it. The Board of Review shall permit such further appeal by any of the parties interested

Page 817

in a decision of an appeal tribunal which is not unanimous and by the deputy whose decision has been overruled or modified by an appeal tribunal. The Board of Review may remove to itself or transfer to another appeal tribunal the proceedings on any claim pending before an appeal tribunal. Any proceeding so removed to the Board of Review shall be heard by a quorum thereof in accordance with the requirements in subsection (c) of this section. The Board of Review shall promptly notify the interested parties of its findings and decisions. Review. (f) Procedure. The manner in which disputed claims shall be presented, and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Board of Review for determining the rights of the parties, whether or not such regulations conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with a disputed claim. All testimony at any hearing upon a disputed claim shall be recorded, but need not be transcribed unless the disputed claim is further appealed. (g) Witness Fees. Witnesses subp[oelig]naed pursuant to this section shall be allowed fees at a rate fixed by the Commissioner. Such fees shall be deemed a part of the expense of administering this Act. Witness fees. (h) Appeal to Courts. Any decision of the Board of Review in the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this Act. The Commissioner shall be deemed to be a party to any judicial action involving any such decision, and shall be represented in any such judicial action by a

Page 818

special assistant attorney-general designated by the Governor of the State for that purpose. Appeals from decisions. (i) Court Review. Within ten days after the decision of the Board of Review has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action in the Superior Court of the county where the employee was last employed against the Commissioner for the review of such decision, in which action any other party to the proceeding before the Board of Review shall be made a defendant. In such action, a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the Commissioner or upon such person as the Commissioner may designate and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants and the Commissioner shall forthwith mail one such copy to each such defendant. With his answer, the Commissioner shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review's findings of fact and decision therein. The Commissioner may also, in his discretion, certify to such court questions of law involved in any decision. In any judicial proceeding under this section, the findings of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the State is a material party and cases arising under the Workmen's Compensation Law of this State. An appeal may be taken from the decision of the Superior Court to the State Court of Appeals, in the same manner, but not inconsistent with the provisions of this Act as is provided in civil cases. It shall not be necessary,

Page 819

in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review and no bond shall be required for entering an appeal. Upon the final determination of such judicial proceeding, the Board of Review shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the Board of Review shall so order. Review. CONTRIBUTIONS. Section 7. (a) Payment. (1) On and after July 1, 1937, contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this Act, with respect to wages payable for employment (as defined in Section 19 (h)) occurring during such calendar year, except that for the six months period beginning July 1, 1937, such contributions shall accrue and become payable with respect to wages payable for employment during the six consecutive calendar months beginning July 1, 1937. Such contributions shall become due and be paid by each employer to the Commissioner for the fund in accordance with such regulation as the Commissioner may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ. Contributions and payments. (2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent. (b) Rate of Contribution. Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment: Rate. (1) Three and six-tenths per centum with respect to employment for the six months' period beginning July 1, 1937, provided that if the total of any employer's contributions at

Page 820

such three and six-tenths per centum rate equals less than one and eight-tenths per centum of the annual payroll of such employer for the calendar year 1937, such employer shall pay, not later than January 15, 1938, an additional lump sum contribution with respect to employment for such six months' period beginning July 1, 1937, equal to the difference between one and eight-tenths per centum of his annual payroll for the calendar year 1937 and the total of his contributions at such three and six-tenths per centum rate for such six months' period beginning July 1, 1937; and Provided, further, that the total of any employer's contributions at such three and six-tenths per centum rate for such six months' period beginning July 1, 1937, shall not exceed one and eight-tenths per centum of his annual payroll for the calendar year 1937. Percentage. (2) Two and seven-tenths per centum with respect to employment during the calendar year 1938 and thereafter. (c) The Commissioner shall investigate and study the operation of this Act upon the basis of the actual contributions and benefit experience hereunder with a view of classifying or grouping employers, employments, occupations and industries with respect to the frequency and severity of unemployment of each taking due account of any relevant and measurable factors relating thereto for the purpose of determining the practicability of establishing a rating system which will most equitably operate to rate the unemployment risk and fix the contribution to such fund of each employer, group of employers, employment, occupation and industry, and to encourage the stabilization of employment therein. The Commissioner shall report his findings and recommendations concerning this matter to the Governor not later than December first, nineteen hundred and forty-one, for transmission to the next succeeding session of the General Assembly. Investigation and report.

Page 821

PERIOD, ELECTION, AND TERMINATION OF EMPLOYER'S COVERAGE. Section 8. (a) Any employing unit which is or becomes an employer subject to this Act within any calendar year shall be subject to this Act during the whole of such calendar year. Employing unit. (b) Except as otherwise provided in subsection (c) of this section, an employing unit shall cease to be an employer subject to this Act only as of the 1st day of January of any calendar year, only if it files with the Commissioner, prior to the 8th day of January of such year, a written application for termination of coverage, and the Commissioner finds that there were no twenty different days, each day being in a different week within the preceding calendar year, within which such employing unit employed eight or more individuals in employment subject to this Act. For the purpose of this subsection, the two or more employing units mentioned in Paragraph 2 or 3 or 4 of Section 19 (g) shall be treated as a single employing unit. Termination. (c) (1) An employing unit, not otherwise subject to this Act, which files with the Commissioner, its written election to become an employer subject hereto for not less than two calendar years, shall, with the written approval of such election by the Commissioner, become an employer subject hereto to the same extent as all other employers, as of the date stated in such approval, and shall cease to be subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such 1st day of January it has filed with the Commissioner a written notice to that effect. (2) Any employing unit for which services that do not constitute employment as defined in this Act are performed, may file with the Commissioner a written election that all such services performed by individuals in its employ in one

Page 822

or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this Act for not less than two calendar years. Upon the written approval of such election by the Commissioner, such services shall be deemed to constitute employment subject to this Act from and after the date stated in such approval. Such services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such 1st day of January such employing unit has filed with the Commissioner a written notice to that effect. EMPLOYMENT COMPENSATION FUND. Section 9. (a) Establishment and Control. There is hereby established as a special fund, separate and apart from all public moneys or funds of this State, an unemployment compensation fund, which shall be administered by the Commissioner exclusively for the purposes of this Act. This fund shall consist of (1) all contributions collected under this Act, together with any interest thereon collected pursuant to Section 14 of this Act; (2) all fines and penalties collected pursuant to the provisions of this Act; (3) interest earned upon any moneys in the fund; (4) any property or securities acquired through the use of moneys belonging to the fund; and (5) all earnings of such property or securities. All moneys in the fund shall be mingled and undivided. Compensation fund. (b) Accounts and Deposits. The State Treasurer shall be custodian of the fund and he shall administer such fund in accordance with the directions of the Commissioner and shall issue his warrants upon it in accordance with such regulations as the Commissioner shall prescribe. He shall maintain within the fund three separate accounts: (1) A clearing account; (2) an unemployment trust fund account; and (3) a benefit account. All moneys payable to the fund,

Page 823

upon receipt thereof by the Commissioner, shall be forwarded to the Treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to Section 14 of this Act may be paid from the clearing account upon warrants issued by the Treasurer under the direction of the Commissioner. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States of America to the credit of the account of this State in the unemployment trust fund, established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this State's account in the unemployment trust fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the Treasurer, under the direction of the Commissioner, in any bank or public depository in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. The Treasurer shall give a separate bond conditioned upon the faithful performance of his duties as custodian of the fund in an amount fixed by the Commissioner and in a form prescribed by law or approved by the Attorney-General. Premiums for said bond shall be paid from the administration fund. Accounts. (c) Withdrawals. Moneys shall be requisitioned from this State's account in the unemployment trust fund solely for the payment of benefits and in accordance with regulations prescribed by the Commissioner. The Commissioner shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this State's account therein, as he deems necessary for the payment of benefits for a reasonable future period.

Page 824

Upon receipt thereof the Treasurer shall deposit such moneys in the benefit account and shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by State officers of money in their custody. All warrants issued by the Treasurer for the payment of benefits and refunds shall bear the signature of the Treasurer and the countersignature of the Commissioner or his duly authorized agent for that purpose. Any balance of moneys requisitioned from the unemployment trust fund, which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned, shall either be deducted from estimates for, and may be used for the payment of, benefits during succeeding periods, or, in the discretion of the Commissioner, shall be redeposited with the Secretary of the Treasury of the United States of America, to the credit of the State's account in the unemployment trust fund, as provided in subsection (b) of this section. Deposits and withdrawals. (d) Management of Funds Upon Discontinuance of Unemployment Trust Fund. The provisions of subsection (a), (b), and (c) to the extent that they relate to the unemployment trust fund shall be operative only so long as such employment trust fund continues to exist and so long as the Secretary of the Treasury of the United States of America continues to maintain for this State a separate book account of all funds deposited therein by this State for benefit purposes, together with this State's proportionate share of the earnings of such unemployment trust fund, from which no other State is permitted to make withdrawals. If, and when, such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein, belonging to the unemployment compensation fund of this State shall be transferred

Page 825

to the Treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the Commissioner, in accordance with the provisions of this Act: Provided, that such moneys shall be invested in the bonds or other interest bearing obligations of the United States of America and of the State of Georgia; and Provided, further, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The Treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the Commissioner. Fund management. ADMINISTRATIVE ORGANIZATION. Section 10. (a) Bureau of Unemployment Compensation. There is hereby created in the Department of Labor a Bureau, to be known as the Bureau of Unemployment Compensation, which shall be administered by a full-time salaried director, who shall be subject to the supervision and direction of the Commissioner of Labor. The Commissioner by and with the approval of the Governor is authorized to appoint, fix the compensation of, and prescribe the duties of such director, provided that such appointment shall be made on a nonpartisan, merit basis. Labor Bureau. (b) Divisions. There is hereby established in the Bureau of Unemployment Compensation, two coordinate divisions, the Georgia State Employment Service Division, created pursuant to Section 12 of this Act, and the Unemployment Compensation Division. Each division shall be responsible for the discharge of its distinctive functions. Each division shall be a separate administrative unit with respect to personnel, budget, and duties except in so far as the Commissioner may find that such separation is impracticable. Divisions.

Page 826

(c) Board of Review. Within six months prior to the date when benefits first become payable under this Act there shall be created a Board of Review consisting of three members appointed by the Governor for terms of six years, except that the terms of the members first taking office shall be two, four, and six years, respectively, as designated by the Governor at the time of appointment, and except that vacancies shall be filled by appointment by the Governor for the unexpired term. Each member shall be paid from the unemployment administration fund a compensation for their services to be fixed by the Governor of the State. Board of Review. The Governor may, at any time, after notice and hearing, remove any member for cause. ADMINISTRATION. Section 11. (a) Duties and Powers of Commissioner. It shall be the duty of the Commissioner to administer this Act; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this Act, which the Commissioner shall prescribe. The Commissioner shall determine his own organization and methods of procedure in accordance with the provisions of this Act, and shall have an official seal, which shall be judicially noticed. Not later than the 1st day of February of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this Act during the preceding calendar year and shall make such recommendations for amendments to this Act as he deems proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against

Page 827

the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the Commissioner in accordance with accepted actuarial principles on the basis of statistics of employment business activity, and other relevant factors for the longest possible period. Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he shall promptly so inform the Governor and the Legislature, and make recommendations with respect thereto. Commissioner's duties and powers. (b) Regulations and General and Special Rules. General and special rules may be adopted, amended, or rescinded by the Commissioner only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filling with the Secretary of State and publication in one or more newspapers of general circulation in this State. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the Commissioner and shall become effective in the manner and at the time prescribed by the Commissioner. Rules and regulations. (c) Publication. The Commissioner shall cause to be printed for distribution to the public the text of this Act, his regulations and general and special rules, his annual reports to the Governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor. Publication. (d) Personnel. Subject to other provisions of this Act, the Commissioner is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his duties under this Act. The Commissioner may delegate to any such person

Page 828

such power and authority as he deems reasonable and proper for the effective administration of this Act, and may in his discretion bond any persons handling moneys or signing checks hereunder. The Commissioner shall classify positions under this Act and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall provide for the holding of examinations to determine the qualifications of applicants for the positions so classified, and, except for temporary appointments of not to exceed six months in duration, such personnel shall be appointed on the basis of efficiency and fitness as determined in such examinations. No person who is an officer or committee member of any political party organization or who holds or is a candidate for any elective public office shall be appointed or employed under this Act. The Commissioner shall establish and enforce fair and reasonable regulations for appointments, promotions and demotions based upon ratings of efficiency and fitness and for terminations for cause. Appointees. (e) Advisory Councils. The Commissioner shall appoint a State Advisory Council and may appoint local or Industry Advisory Councils, composed in each case of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the Commissioner may designate. Such councils shall aid the Commissioner in formulating policies and discussing problems related to the administration of this Act and in assuring impartiality and freedom from political influence in the solution of such problems. Such advisory councils shall serve without compensation, but shall be reimbursed for any necessary expenses. Councils. (f) Employment Stabilization. The Commissioner with the advice and aid of advisory councils and through the appropriate divisions, shall take all appropriate steps to

Page 829

reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts, and the State, of reserves for public works to be used in times of business depressions and unemployment; to promote the re-employment of unemployed workers throughout the State in every other way that may be feasible; and to these ends to carry on and publish the result of investigations and research studies. Reduction of unemployment. (g) Records and Reports. Each employing unit shall keep true and accurate work records, containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or his authorized representatives at any reasonable time and as often as may be necessary. The Commissioner, the Board of Review, and the chairman of any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the Board of Review deems necessary for the effective administration of this Act. Information thus obtained or obtained from any individual pursuant to the administration of this Act, shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties) in any manner revealing the individual's or employing unit's identity, but any claimant or his legal representative at a hearing before an appeal tribunal or the Board of Review shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any employee or member of the Board of Review or of the Department of Labor who violates any provision of this subsection shall be fined not less

Page 830

than $20.00 nor more than $200.00, or imprisoned for not longer than ninety days, or both. Records. Confidential information. (h) Oaths and Witnesses. In the discharge of the duties imposed by the Act, the Commissioner, the chairman of an appeal tribunal, the members of the Board of Review, and any duly authorized representative of any of them shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subp[oelig]nas to compel the attendance of witnesses and production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this Act. Evidence. (i) subp[oelig]nas. In case of contumacy by, or refusal to obey a subp[oelig]na issued to any person, any court of this State within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commissioner, the Board of Review, the chairman of an appeal tribunal or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such person to appear before the Commissioner, the Board of Review, the chairman of an appeal tribunal or any duly authorized representative of any of them there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question; and any failure to obey such order may be punished by the Superior Court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subp[oelig]na of the Commissioner, Board of Review, the chairman of an appeal tribunal, or any duly authorized representative of any of them, shall be punished by a fine of not less than $200 or by imprisonment for not longer than sixty days, or by both

Page 831

such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense. Witnesses. (j) Protection Against Self-Incrimination. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commissioner, the Board of Review, the chairman of an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subp[oelig]na of any of them in any cause or proceeding before the Commissioner, the Board of Review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Testimony. (k) State-Federal Cooperation. In the administration of this Act, the Commissioner shall cooperate to the fullest extent consistent with the provisions of this Act, with the Social Security Board, created by the Social Security Act, approved August 14, 1935, as amended; shall make such reports, in such form and containing such information as the Social Security Board may from time to time require, and shall comply with such provisions as the Social Security Board may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the Social Security Board governing the expenditures of such sums as may be allotted and paid to this State under Title 3 of the Social Security Act for the purpose of assisting in the administration of this Act. Cooperation.

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Upon request therefor the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this Act. Information. (1) Reciprocal Arrangements. The Commissioner is hereby authorized to enter into arrangements with the appropriate agencies of other States or the Federal Government, whereby individuals performing services in this and other States for a single employing unit under circumstances not specifically provided for in Section 19 (h) of this Act, or under similar provisions in the unemployment compensation laws of such other States, shall be deemed to be engaged in employment performed entirely within this State or within one of such other States and whereby potential rights to benefits accumulated under the unemployment compensation laws of several States or under such a law of the Federal Government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Commissioner finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund. EMPLOYMENT SERVICE. Section 12. (a) State Employment Service. The Georgia State Employment Service is hereby established in the Department of Labor as a division of the Bureau of Unemployment Compensation. The Commissioner, through such division, shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this Act and for the purposes of performing such duties as are within the purview of the Act of Congress entitled An Act to provide for the establishment of a National Employment System and for cooperation

Page 833

with the States in the promotion of such system, and for other purposes, approved June 6, 1933 (48 Stat. 113; U. S. C., Title 29, Sec. 49 (c)), as amended. The said division shall be administered by a full-time salaried director, who shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said Act of Congress, as amended, and to do and perform all things necessary to secure to this State the benefits of the said Act of Congress, as amended, in the promotion and maintenance of a system of public employment offices. The provisions of the said Act of Congress, as amended, are hereby accepted by this State, in conformity with Section 4 of said Act, and this State will observe and comply with the requirements thereof. The Georgia State Employment Service Division is hereby designated and constituted the agency of this State for the purposes of said Act. The Commissioner is directed to appoint the director, other officers, and employees of the Georgia Employment Service. Such appointments shall be made in accordance with regulations prescribed by the Director of the United States Employment Service, and shall be confined to bona fide residents of the State of Georgia. State employment service. (b) Financing. All moneys received by this State under the said Act of Congress, as amended, shall be paid into the special Employment Service Account in the Unemployment Compensation Administration Fund, and said moneys are hereby made available to the Commissioner for the Georgia State Employment Service Division, to be expended as provided by this section and by said Act of Congress. For the purpose of establishing and maintaining free public employment offices, said Commissioner is authorized to enter into agreements with any political subdivision of this State or with any private, nonprofit organization, and as a part of any such agreement the Commissioner may accept

Page 834

moneys, services, or quarters as a contribution to the employment service account. Moneys. UNEMPLOYMENT COMPENSATION ADMINISTRATION FUND. Section 13. (a) Special Fund. There is hereby created in the State Treasury a special fund to be known as the Unemployment Compensation Administration Fund. All moneys, which are deposited or paid into this fund are hereby appropriated and made available to the Commissioner. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this Act, and for no other purpose whatsoever. The fund shall consist of all moneys appropriated by this State, and all moneys received from the United States of America, or any agency thereof, including the Social Security Board and the United States Employment Service, or from any other source, for such purpose. All moneys in this fund shall be deposited, administered, and disbursed, in the same manner and under the same conditions and requirements as is provided by law for other special funds in the State Treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the Commissioner for expenditure consistent with this Act. The State Treasurer shall give a separate and additional bond conditioned upon the faithful performance of his duties in connection with the Unemployment Compensation Administration Fund in an amount to be fixed by the Commissioner and in a form prescribed by law or approved by the Attorney-General. The premiums for such bond and the premiums for the bond given by the treasurer of the Unemployment Compensation Fund under Section 9 of this Act, shall be paid from the moneys in the Unemployment Compensation Administration Fund. Compensation administration fund. (b) Employment Service Account. A special employment service account shall be maintained as a part of the

Page 835

Unemployment Compensation Administration Fund for the purpose of maintaining the public employment offices established pursuant to Section 12 of this Act and for the purpose of cooperating with the United States Employment Service. In addition to the moneys paid into the employment service account, pursuant to Section 12 (b) of this Act, there shall be paid into such account such moneys as are apportioned for the purposes of this account from any moneys received by this State under Title 3 of the Social Security Act, as amended. Service account. COLLECTION OF CONTRIBUTIONS. Section 14. (a) Interest on Past-Due Contributions. Contributions unpaid on the date on which they are due and payable, as prescribed by the Commissioner, shall bear interest at the rate of 1% per month from and after such date until payment plus accrued interest is received by the Commissioner. Interest collected pursuant to this subsection shall be paid into the Unemployment Compensation Fund. Interest. (b) Collection. If, after due notice, any employer defaults in any payment of contributions or interest thereon, the amount due shall be collected by civil action in the name of the Commissioner, and the employer adjudged in default shall pay the costs of such action. Civil actions brought under this section to collect contributions or interest thereon from an employer shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this Act and cases arising under the Workmen's Compensation Law of this State, and other actions to which the State is a material party, which are now given precedence. Actions to collect. (c) Priorities Under Legal Dissolutions or Distributions. In the event of any distribution of an employer's

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assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $250 to each claimant, earned within six months of the commencement of the proceeding. In the event of any employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the Federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in Section 64 (b) of that Act (U. S. C., Title 11, Section 104 (b)), as amended. Priority. (d) Refunds. If, not later than one year after the date on which any contributions or interest thereon became due, an employer who has paid such contributions or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the Commissioner shall determine that such contributions or interest or any portion thereof was erroneously collected, the Commissioner shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made, the Commissioner shall refund said amount, without interest, from the fund. For like cause and within the same period, adjustment or refund may be so made on the Commissioner's own initiative. If the tax imposed by Title 9 of the Federal Social Security Act or any amendments thereto, or any other Federal tax against which contributions under this Act may be credited shall for any cause become inoperative, the provisions of this Act, by virtue of that fact, shall likewise become inoperative, and any unobligated funds in the State Unemployment Compensation Fund, or returned by the United States

Page 837

Treasurer because such Federal Social Security Act is inoperative, shall be refunded to the contributors proportionately to their unexpended contributions under the regulations of the Board. Provided, any funds which are unexpended and for which there are no claimants for a period of one year, due to contributors being out of business, death or other causes, shall be turned over to the eleemosynary institutions of the State. Refunds. PROTECTION OF RIGHTS AND BENEFITS. Section 15. (a) Waiver of Rights Void. Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this Act shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions, required under this Act from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be fined not less than $100 nor more than $1,000 or be imprisoned for not more than six months, or both. Void agreements. (b) Limitation of Fees. No individual claiming benefits shall be charged fees of any kind in any proceeding under this Act by the Commissioner, the Board of Review or his or its representatives or by any court or any officer thereof. Any individual claiming benefits in any proceeding before the Commissioner, Board of Review, or his or its representatives, or a court, may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the Board of Review. Any

Page 838

person who violates any provision of this subsection shall, for each such offense, be fined not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars, or imprisoned for not more than six months, or both. Fees limited. (c) No Assignment of Benefits; Exemptions. Any assignment, pledge, or encumbrance of any right to benefits, which are or may become due or payable under this Act, shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this subsection shall be valid. PENALTIES. Section 16. (a) Whoever makes a false statement or representation, knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this Act, either for himself or for any other person, shall be punished by a fine of not less than twenty ($20.00) dollars nor more than fifty ($50.00) dollars, or by imprisonment for not longer than 30 days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact, shall constitute a separate offense. Crimes and penalties. (b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled

Page 839

thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this Act, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than twenty ($20.00) dollars nor more than two hundred ($200.00) dollars, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact, and each day of such failure or refusal, shall constitute a separate offense. (c) Any person who shall willfully violate any provision of this Act or any order, rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this Act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than twenty ($20.00) dollars nor more than two hundred ($200.00) dollars, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense. (d) Any person who, by reason of the nondisclosure or misrepresentation by him or by another, of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) has received any sum as benefits under this Act while any conditions for the receipt of benefits imposed by this Act were not fulfilled in his case, or while he was disqualified from receiving benefits, shall, in the discretion of the Commissioner, either be liable to have such sum deducted from any future benefits payable to him under this Act or shall be liable to repay to the Commissioner for the Unemployment Compensation Fund, a sum equal to the amount so received by him, and

Page 840

such sum shall be collectible in the manner provided in Section 14 (b) of this Act for the collection of past-due contributions. REPRESENTATION IN COURT. Section 17. (a) In any civil action to enforce the provisions of this Act, the Commissioner, the Board of Review, and the State may be represented by a special assistant attorney-general designated by the Governor for that purpose. State's counsel. (b) All criminal actions for violation of any provision of this Act, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the Attorney-General of the State; or, the special assistant attorney-general assigned to social security activities; or, at the Attorney-General's request and under his direction, by the prosecuting attorney of any county in which such case is pending. NON-LIABILITY OF STATE. Section 18. Benefits shall be deemed to be due and payable under this Act only to the extent provided in this Act and to the extent that moneys are available therefor to the credit of the Unemployment Compensation Fund, and neither the State nor the Commissioner shall be liable for any amount in excess of such sums. Non-liability. DEFINITIONS. Section 19. As used in this Act, unless the context clearly requires otherwise: Words defined. (a) (1) Annual Pay Roll means the total amount of wages payable by an employer (regardless of the time of payment) for employment during a calendar year. (2) Average annual pay roll means the average of the annual payrolls of an employer for the last three or five preceding calendar years, whichever average is higher.

Page 841

(b) Benefits means the money payments payable to an individual, as provided in this Act, with respect to his unemployment. (c) Commissioner means the Commissioner of the Department of Labor. (d) Contributions means the money payments to the State Unemployment Compensation Fund required by this Act. (e) Division means the Georgia Unemployment Compensation Division or the Georgia State Employment Service Division created in Section 10 (b) of this Act. (f) Employing unit means any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has, or subsequent to January 1, 1936, had in its employ one or more individuals performing services for it within this State. All individuals performing services within this State for any employing unit, which maintains two or more separate establishments within this State, shall be deemed to be employed by a single employing unit for all the purposes of this Act. Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work, which is part of its usual trade, occupation, profession, or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of Section 19 (g) or Section 8 (c) of this Act, the employing unit shall for all the purposes of this Act be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged in performing such work; except that each such contractor

Page 842

or subcontractor who is an employer by reason of Section 19 (g) or Section 8 (c) of this Act shall alone be liable for the employer's contributions measured by wages payable to individuals in his employ, and except that any employing unit who shall become liable for and pay contributions with respect to individuals in the employ of any such contractor or subcontractor who is not an employer by reason of Section 19 (g) or Section 8 (c) of this Act, may recover the same from such contractor or subcontractor. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this Act, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work. Employing contractors and subcontractors. (g) Employer means: (1) Any employing unit, which for some portion of a day, but not necessarily simultaneously, in each of 20 different weeks, whether or not such weeks are or were consecutive, within either the current or the preceding calendar year, has or had in employment eight or more individuals (irrespective of whether the same individuals are or were employed in each such day); Employer defined. (2) Any individual or employing unit, which acquired the organization, trade or business, or substantially all the assets thereof, of another, which at the time of such acquisition was an employer subject to this Act; (3) Any employing unit which acquired the organization, trade or business, or substantially all the assets thereof, of another employing unit (not an employer subject to this Act) and which if subsequent to such acquisition it were treated as a single unit with such other employing unit, would be an employer under Paragraph (1) of this subsection;

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(4) Any employing unit, which together with one or more other employing units, is owned or controlled (by legally enforceable means or otherwise) directly or indirectly by the same interests, or which owns or controls one or more other employing units (by legally enforceable means or otherwise), and which, if treated as a single unit with such other employing units, or interests, or both, would be an employer under Paragraph (1) of this subsection; (5) Any employing unit, which, having become an employer under Paragraph (1), (2), (3), or (4), has not, under Section 8, ceased to be an employer subject to this Act; or (6) For the effective period of its election, pursuant to Section 8 (c), any other employing unit which has elected to become fully subject to this Act. (h): (1) Subject to the other provisions of this subsection, employment means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied; Employment inclusive. (2) The term employment shall include an individual's entire service performed within or both within and without this State, if: (A) the service is localized in this State; or (B) the service is not localized in any State but some of the service is performed in this State, and (i) the base of operations or, if there is no base of operations, then the place from which such service is directed or controlled, is in this State; or (ii) the base of operations or place from which such service is directed or controlled is not in any State in which some part of the service is performed, but the individual's residence is in this State;

Page 844

(3) Services performed within this State but not covered under Paragraph (2) of this subsection shall be deemed to be employment subject to this Act, if contributions are not required and paid with respect to such services under an Unemployment Compensation Law of any other State or of the Federal Government; (4) Services not covered under Paragraph (2) of this subsection, and performed entirely without this State, with respect to no part of which contributions are required and paid under an Unemployment Compensation Law of any other State or of the Federal Government, shall be deemed to be employment subject to this Act, if the individual performing such services is a resident of this State and the Commissioner approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this Act; Services not covered. (5) Service shall be deemed to be localized within a State if: (A) The service is performed entirely within such State; or Localized service. (B) The service is performed both within and without such State, but the service performed without such State is incidental to the individual's service within the State, for example, is temporary or transitory in nature or consists of isolated transactions; (6) Services performed by an individual for wages shall be deemed to be employment subject to this Act, unless and until it is shown to the satisfaction of the Commissioner that: (A) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and

Page 845

(B) Such service is either outside the usual course of the business for which such service is performed, or that such service is performed outside of all the places of business of the enterprise for which such service is performed; and (C) Such individual is customarily engaged in an independently established trade, occupation, profession or business. (7) But the term employment shall not include: (A) Agricultural labor; Employment not inclusive. (B) Domestic service in a private home; (C) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States; (D) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of 21 in the employ of his father or mother; (E) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, 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 shareholder or individual; (F) Service performed in the employ of this State, or of any political subdivision thereof, or of any instrumentality of this State or its political subdivisions; (G) Service performed in the employ of any other State or its political subdivisions, or of the United States Government, or of an instrumentality of any other State or States or their political subdivisions or of the United States;

Page 846

(H) Service with respect to which unemployment compensation is payable under an unemployment compensation system established by an Act of Congress: Provided, that the Commissioner is hereby authorized and directed to enter into agreements with the proper agencies under such Act of Congress, which agreements shall become effective 10 days after publication thereof in the manner provided in Section 11 (b) of this Act for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this Act, acquired rights to unemployment compensation under such Act of Congress, or who have, after acquiring potential rights to unemployment compensation under such Act of Congress, acquired rights to benefits under this Act. Agreements. (i) Employment office means a free public employment office or branch thereof, operated by this State or maintained as a part of a State-controlled system of public employment offices. Meaning of terms. (j) Fund means the Unemployment Compensation Fund established by this Act, to which all contributions required and from which all benefits provided under this Act shall be paid. (k) Total and partial unemployment: (1) An individual shall be deemed totally unemployed in any week during which he performs no services and with respect to which no wages are payable to him; (2) An individual shall be deemed partially unemployed in any week of less than full-time work if the wages payable to him for such week are less than six-fifths of the weekly benefit amount he would be entitled to receive if totally unemployed and eligible; (3) As used in this subsection, the term wages shall include only that part of remuneration for odd jobs or subsidiary work, or both, which is in excess of three ($3.00)

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dollars in any one week, and the term services shall not include that part of odd jobs or subsidiary work, or both, for which remuneration equal to or less than three ($3.00) dollars in any one week is payable; (4) An individual's week of unemployment shall be deemed to commence only after his registration at an employment office, except as the Commissioner may by regulation otherwise prescribe. (l) State includes, in addition to the States of the United States of America, Alaska, Hawaii, and the District of Columbia. (m) Unemployment Compensation Administration Fund means the Unemployment Compensation Administration Fund established by this Act, from which administrative expenses under this Act shall be paid. (n) Wages means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remuneration payable in any medium other than cash. Gratuities customarily received by an individual in the course of his employment from persons other than his employing unit shall be treated as wages payable by his employing unit. The reasonable cash value of remuneration payable in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and determined in accordance with rules prescribed by the Commissioner. (o) Week means such period or periods of seven consecutive calendar days ending at midnight, as the Commissioner may by regulation prescribe. (p) Calendar quarter means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, excluding, however, any calendar quarter or portion thereof which occurs prior to

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January 1, 1938, or the equivalent thereof as the Commissioner may by regulation prescribe. (q) Weekly benefit amount. An individual's weekly benefit amount means the amount of benefits he would be entitled to receive for one week of total unemployment. (r) Benefit year, with respect to any individual, means the 52 consecutive week period, beginning with the first day of the week with respect to which benefits are first payable to him, and thereafter the 52nd consecutive week period beginning with the first day of the first week with respect to which benefits are next payable to him after the termination of his last preceding benefit year. (s) Base period means the period beginning with the first day of the nine completed calendar quarters immediately preceding the first day of an individual's benefit year and ending with the last day of the next to the last completed calendar quarter immediately preceding any week, with respect to which benefits are payable. Section 20. The Legislature reserves the right to amend or repeal all or any part of this Act at any time; and there shall be no vested private rights of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this Act, or by Acts done pursuant thereto, shall exist subject to the power of the Legislature to amend or repeal this Act at any time. Reservation. No vested right. SEPARABILITY OF PROVISIONS. Section 21. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. Invalidity. Section 22. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

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EFFECTIVE DATE. Section 23. This Act shall take effect upon passage. Approved March 29, 1937. VETERINARIANACT OF 1935 REPEALED. No. 42. An Act to repeal an Act entitled 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, etc. Approved February 1, 1935 (Acts 1935, p. 167). 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 of the General Assembly, 1935, page 167, approved February 1, 1935, entitled An Act to repeal an Act entitled an Act to repeal Section 62-901 of the Code of Georgia of 1933 (Title 62, Live Stock), creating the office of the State Veterinarian, and Section 62-903 of the Code of Georgia, 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 and the same is hereby repealed. Act of 1935 repealed. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved February 17, 1937.

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VETERINARIAN'S OFFICE ESTABLISHED. No. 43. An Act to establish the office of State Veterinarian; to provide for the appointment of a State Veterinarian; to prescribe his duties; to provide for the length of term of office; to provide for his salary and expenses; 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. The office of State Veterinarian is hereby created, and the Commissioner of Agriculture is hereby authorized and directed to appoint a competent and qualified veterinarian who has had not less than 10 years' experience in general veterinary practice and not less than five years' service in live stock sanitary control work, and who must receive the endorsement of the State Board of Veterinary Examiners to fill the position under the title of State Veterinarian. The term of office of the State Veterinarian shall be four years. Creation of office. State Board endorsement. Section 2. The duties of the State Veterinarian shall be to investigate and take proper measures for the control, suppression and, if possible, eradication of all contagious and infectious diseases among the domestic animals, live stock and fowls within this State under existing laws and such supplementary rules and regulations as may be promulgated by said State Veterinarian and approved by the Commissioner of Agriculture. The State Veterinarian shall have complete authority and responsibility in all live stock sanitary control work, such as tick eradication, hog cholera control, bovine tuberculosis eradication, contagious abortion control, rabies control, bacillary white diarrhea in chickens, and other communicable diseases of live stock, domestic animals or poultry and meat, milk and diary inspection;

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he shall cooperate in this service with such agencies of the Federal Government as may from time to time be engaged in Georgia on projects looking toward the protection of the health of the people through protection of the live stock, domestic animals, meat inspection and dairy industry of this State. The State Veterinarian shall devote his entire time to the duties of his office and shall make annual reports to the General Assembly through the Commissioner of Agriculture, as to his work and the conditions of the various branches of the live stock industry committed to his care. Duties and powers. Section 3. The salary of the State Veterinarian shall be four thousand two hundred ($4,200.00) dollars per annum and in addition he shall be reimbursed his actual expenses incurred in traveling in the service of the State in the regular discharge of his duties. Salary. Section 4. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved February 17, 1937. WINE LAW AMENDEDLICENSE TAX. No. 378. An Act to amend an Act entitled, `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 taxes wines 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'; approved March 23, 1935, and contained on pages 492 to 494 of the Acts of

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the General Assembly of 1935; by striking certain words and sections from said Act; by legalizing the making and manufacturing and selling of domestic and foreign wines; by defining domestic and foreign wines; by providing for licensing of retail and wholesale dealers and wineries; by providing for a license tax on all dealers, manufacturers and wineries, and a tax on all wines manufactured or sold; by providing for the confiscation and destruction of wines manufactured, possessed or sold contrary to the provisions of this Act; by prohibiting the sale of wine on the Sabbath day, and to provide a penalty for the violation of this provision; by allocating the revenue derived under this Act; by providing for rules and regulations for the enforcement of this Act; by providing a separability clause, and for the repeal of all laws in conflict with this 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. That Section 1 of the Act approved March 23, 1935, as published in Georgia Laws, 1935, pages 492 to 494, relating to the manufacture and sale of wines from Georgia products, be, and the same is, hereby amended by striking and repealing from said section the last five words reading as follows, free from any taxation whatever, so that said section when amended shall read as follows: Act of 1935 amended. 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. Wines for family use. Section 2. That Section 4 of the Act approved March 23, 1935, as published in the Georgia Laws, 1935, pages 492 to 494, relating to the manufacture and sale of wines

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from Georgia products, be, and the same is, hereby amended by striking and repealing the first paragraph of said section, which reads as follows: 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, so that said section when amended shall read as follows: Section 4. Any county may, upon petition signed by 15% 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. Section 3. That from and after the passage of this Act, the following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State of Georgia: (a) On domestic wines having an alcoholic strength of not more than 14% alcohol by volume, 10 cents per gallon. On domestic wines of between 14% and 21% alcoholic strength by volume, 30 cents per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State from fruits and berries grown only within the State of Georgia and produced by natural fermentation. Wine manufactured in Georgia for export shall not be subject to the tax herein imposed. Taxes. (b) On foreign wines having an alcoholic strength of not more than 14% alcohol by volume, 40 cents per gallon. On foreign wines between 14% and 21% alcoholic strength by volume, 60 cents per gallon. Foreign wines are hereby

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defined and declared to be wines which are imported in whole or in part into the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State and produced by natural fermentation. Section 4. License Tax on Manufacturers or Dealers. The following occupational license tax shall be imposed upon each winery, manufacturer, wholesaler, jobber, or retail dealer of wines, as follows: Licenses. (a) Upon each winery or manufacturer, being any establishment manufacturing wine for resale, and upon each wholesaler or jobber, there shall be imposed an annual occupation tax of two hundred and fifty ($250.00) dollars. (b) Upon each retailer or retail establishment selling wines in broken case lots or broken container lots for consumption, either on or off the premises of such retailer or establishment, there shall be imposed an annual license tax of fifteen ($15.00) dollars. All license taxes provided for herein shall be collected by the State Revenue Commission, and permits to all manufacturers, wineries, or wholesalers, jobbers, or retail dealers shall be issued by said Commission upon payment of the said tax. Collections and permits. Section 5. Bonds and Reports. Each winery, wholesaler, manufacturer or jobber applying for a permit under the terms of the Act shall file with the application therefor a fidelity bond in the sum of two thousand five hundred ($2,500.00) dollars, conditioned to pay to the State Revenue Commission all such taxes as shall become due and payable to the State of Georgia from such persons, firms, or corporations under the terms of this Act, which bonds shall have as security a surety company authorized to do business in this State, and which bonds shall be approved as to amount, form and security by the State Revenue Commission

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before any permit shall be issued to any applicant therefor. Application and bond. The holder of any permit issued under this Section shall be required to file with the State Revenue Commission a written monthly report, showing in detail the amount of wine on hand in his establishment, together with the amount sold or handled during the preceding month; the amount of wine revenue stamps purchased and the amount of wine revenue stamps on hand at the time said report is made, which report shall be made upon a form to be prescribed and furnished by the State Revenue Commission, and shall be sworn to and executed by the maker or his duly authorized representative, and shall be accompanied by invoices or duplicate invoices showing the source or sources from which all wines handled during the preceding month were received, and the tax due under this Act shall accompany the report. Monthly reports. Section 6. The taxes herein levied under Section 3 of this Act shall be paid through the use of wine revenue stamps, as herein provided for. The State Revenue Commission shall design and issue such stamps of such denomination as may be necessary, and shall require of each winery, manufacturer, wholesaler or jobber that such stamps be purchased and affixed to each and every bottle of wine, or other container of wine, stored, manufactured, sold or offered for sale within the State. Such wine revenue stamps shall be sold and distributed, and shall be affixed in such manner as prescribed by the State Revenue Commission. The tax provided shall be administered and collected by means of adhesive stamps lithographed with an intricate geometric design on safety paper. Tax stamps. No stamps evidencing the tax herein levied shall be of the denomination of less than one pint, and each separate container shall be properly stamped with a stamp of the proper denomination therefor. Stamps shall be affixed by

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the winery, manufacturer or jobber whenever such establishment is located within this State, and by the manufacturer, wholesaler or jobber of foreign wines. When stamps are purchased in quantities in excess of one hundred ($100.00) dollars, a discount may be allowed by the State Revenue Commission not to exceed 5% of such purchase. Stamping. Discounts. Section 7. Rules and Regulations. The following rules and regulations shall be of force and effect in the administration of this law: Regulations. (a) Every railroad company, express company or any other public or common carrier, transporting any shipment of wine into the State of Georgia shall file with the State Revenue Commission for each such shipment a copy of or a duplicate invoice or freight bill therefor within five days after the arrival of such shipment at the point of destination. Carriers. (b) It shall be unlawful for any railroad company, express company or other public or common carrier or other person to transport into this State from without the State of Georgia any wine that does not bear a Georgia wine revenue stamp as evidence of the tax thereon having been paid to the State of Georgia on each and every package, case, barrel or other container thereof. (c) No automobile, truck, bus, boat, conveyance or vehicle of any kind whatever, or the operator thereof, shall transport into the State of Georgia wines from without the State, unless and until each and every container thereof shall have affixed thereto the proper wine revenue stamps of the State of Georgia as evidence of the Georgia wine tax having been paid on such product, under rules and regulations, which may be provided for in this Act or wherever prescribed by the State Revenue Commission. (d) No person, firm or corporation shall sell, offer for sale, store or possess for the purpose of selling, wines, without first having obtained a license appropriate to the

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type of business carried on by such person, firm or corporation. No person, firm or corporation shall sell, offer for sale, store or possess for the purpose of selling any wine, which does not bear the proper wine revenue stamp as evidence of the tax provided for in this Act having been paid to the State of Georgia. Unlawful sales. (e) The State Revenue Commission shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act or other laws or the Constitution of the State of Georgia or of the United States, for the enforcement of this Act and all of its provisions and for the collection of revenues provided for hereunder. Rules and regulations. (f) The State Revenue Commission is hereby given the power and authority to search or examine any warehouse, boat, store, storeroom, automobile, truck or other conveyance or place of storage (except private residences, which may be searched only in the manner prescribed by law) whenever probable cause exists to believe that the terms of this Act have been or are being therein violated. It shall be the duty of the State Revenue Commission or its agents to inspect all such vehicles or premises whenever necessary for the enforcement of this Act, and any wine apprehended by said Commission or its agents without being properly stamped with the necessary wine revenue stamps showing the Georgia wines tax thereon has been paid, is hereby declared to be contraband and may be seized and destroyed as such. Searches. Inspections. (g) Each winery or manufacturer of wine in this State shall keep books showing the amount and character of all raw products, pulp, or other materials used in the making of wine purchased or used by said winery or manufacturer of wine, and shall keep books showing the amounts and kinds of all wine manufactured or made by such winery or manufacturer, which books shall be open at all times to the inspection of the State Revenue Commission or its agents

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for the purpose of permitting the State Revenue Commission or its agents to determine whether or not the wine tax provided for in this Act has in each instance been paid. Each winery or manufacturer of wine, or wholesaler, jobber, or retail dealer in wines, shall make monthly reports to the State Revenue Commission on forms prescribed by such Commission, furnishing to said State Revenue Commission such information as it may require for the purpose of determining whether or not the wine tax provided for in this Act has in each instance been paid. Every common or contract carrier for hire transporting wine in this State shall make monthly reports to the State Revenue Commission on forms prescribed by said Commission, furnishing to said Commission such information as it may require, so that said Commission may determine whether or not the wine so prescribed has had paid thereon the tax provided for in this Act. The State Revenue Commission is hereby given the authority to inspect, at any time it may see fit, the books, records or memoranda of any winery or manufacturer of wine, or wholesaler, jobber, or retail dealer in wine or common or contract carrier for hire, hauling wine, so that said Commission may determine whether or not the wine tax provided for in this Act has in each instance been paid. Bookkeeping. Information. Reports. (h) The Standards of Identity for Wine and the regulations relating to Labeling and Advertising of Wine, promulgated or hereafter promulgated by the Federal Alcohol Administration of the United States Treasury Department, and known, respectively, as Regulation Number 4, Article 2, and Regulation Number 4, Articles 3 and 6, are hereby adopted by Georgia and incorporated and made a part of this Act. Standards adopted. (i) The enforcement of the provisions relating to the Standards of Identity for Wine and the Labeling and Advertising of Wine, referred to herein, shall be under the jurisdiction of the State Revenue Commission. It shall

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be lawful for said Commission, through any of its authorized agents, to suspend the permit and confiscate any stock on hand, on display, or in storage, of any wholesale or retail dealer who has not complied with the regulations aforesaid. Enforcement by Revenue Commission. (j) All wines, whether domestic or foreign, must first comply both with the provisions hereinbefore set forth and all other provisions of this Act before coming into possession of either a wholesale or retail dealer for sale to a consumer. (k) State Revenue Commission is authorized to make such reasonable rules and regulations as will permit bona fide wineries to make or import wines, the sale of which is not prohibited herein, for storage or holding, without the payment of tax thereon, until such wines are bottled or otherwise placed in container for sale, upon the giving of a bond under conditions and in an amount prescribed by said Commission. Rules and regulations. Section 8. Violations. Any one who knowingly and with intention to evade the payment of either the license tax or the stamp tax provided for herein, fails to pay such tax on wines; or any one who with intent to evade the terms of this Act, violates any of the terms of said Act, or any rule or regulation made and published by the said Revenue Commission for the enforcement of said Act, shall be guilty of a misdemeanor and punished therefor as is provided by law. Violation a misdemeanor. The sale of the beverages, as provided for under this Act, shall be prohibited on and during the Sabbath. Sabbath. Any person selling any of the beverages, as provided for under this Act, on and during the Sabbath shall be guilty of a misdemeanor and upon being found guilty shall be punishable as for a misdemeanor.

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Section 9. Separability Clause. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances, shall not be affected thereby. Invalidity. Section 10. Apportionment of Funds. Be it further enacted by the authority aforesaid, That funds derived from the Act shall be apportioned as follows: Funds apportioned. An amount not to exceed 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 textbooks to the children attending common schools. No wine shall be bottled in this State for commercial purposes by any person, firm, or corporation, from tanks, casks, or barrels unless and until sample or specimen of same has been submitted to the Internal Revenue Commissioners for analysis and been approved. And any wines bearing labels and bottled by a bottler or winery and by later tests failing to come up to the former analysis of the wineries products as specified on such label shall be sufficient cause for revocation of bottlers permit. Sample or specimen. No wine shall be sold by any retailer in this State except same was purchased or acquired from a licensed wholesale Georgia distributor. The State Board of Education is hereby authorized and directed to use so much of the proceeds of the taxes herein levied as may be necessary to furnish free school books in the schools of Georgia in accordance with existing law. School books. Any officer of the Revenue Department shall have the authority, and it shall be his duty, to declare contraband and destroy any wine that does not bear the revenue stamp

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of the State of Georgia, or that has an alcoholic content of more than 16% by volume. Contraband. Section 11. Repeal of Laws in Conflict. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. YEAR'S SUPPORTCONVEYANCE BY WIDOW. No. 153. An Act to regulate and provide for the effect of conveyances and encumbrances of property of a deceased person before and after a year's support is set apart; to authorize ordinary to approve conveyances and encumbrances of interests of the children under year's support; to provide the procedure and effect of such approval; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That where property is set apart as a year's support for the benefit of the widow alone, she shall thereafter own the same in fee, without restriction as to use, encumbrance or disposition. Title in widow. Section 2. Where property is set apart as a year's support for the joint benefit of the widow and her minor child or children, a conveyance or encumbrance of the same, or any or all parts thereof, by the widow shall convey or encumber the title and interest of the widow and shall be binding and conclusive upon her. The purchaser or lender shall not be responsible for the proper use or application of the proceeds. Conveyance of title. Section 3. A conveyance or encumbrance of any or all the property set apart as a year's support for the joint benefit of the widow and her minor child or children shall convey

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or encumber and be binding and conclusive upon the child or children, and persons claiming through or under them, only when approved by the ordinary of the county in which all or a part of the property is located. No such approval shall be necessary to bind a child sui juris who joins with the widow in making the conveyance or encumbrance. The purchaser or lender shall not be responsible for the proper use or application of the proceeds. Children concluded. Section 4. The approval of the ordinary required by the preceding section shall be obtained in the following manner: The widow shall make application in writing, under oath, to the ordinary, stating the purpose or purposes of the proposed conveyance or encumbrance, describing the property she desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names and ages of the children for whose benefit the year's support was set apart. Thereupon, the ordinary shall set a date for hearing on the application and appoint a guardian ad litem to represent the minor beneficiaries, who shall accept the appointment in writing. Service shall be made by publishing notice of the date and purpose of the hearing once in the newspaper in which sheriff's sales for said county are advertised and posting a copy of the notice at the court house not less than 10 days prior to the date set for such hearing. Objections, if any, shall be made in writing. At the hearing, the ordinary shall satisfy himself that service has been made as required by this section and that the purpose or purposes of the proposed conveyance or encumbrance are proper, and shall, when so satisfied, pass an order reciting due compliance with the provisions of this section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive. An appeal shall lie to the Superior Court in the manner, under the restrictions, and with the effect provided for appeals from the ordinary in other cases. The ordinary may act upon such applications in vacation or in term time. The

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proceedings shall be indexed and recorded in books to be kept for that purpose by the ordinary in each county in which any of the property is located. The ordinary shall receive the same fees as for like services in other matters of a similar nature, provided that the total cost of any one proceeding shall not exceed five ($5.00) dollars. The cost shall be chargeable to the year's support property when the application is approved. Application and ordinary's approval. Hearing. Service. Objections. Appeal. Fees. Section 5. A conveyance, contract, or lien made or created by the widow or by the duly authorized guardian or trustee of the minor child or children shall be superior to the title and interest of such widow or minor child or children under a year's support subsequently applied for and set apart. Conveyances superior. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1937.

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TITLE VII. EDUCATIONSCHOOLSUNIVERSITY SYSTEM. ACTS. Board of Education of the State. Bond-Debt Refund, Etc. Borrowing of Money by Board. Civil Service for Teachers, Etc. Code of School Laws Amended. Equalizing Opportunities. Retirement Fund for Teachers, Etc. Textbooks, Duties as to. University Regents; Trust Funds. See Local Acts. BOARD OF EDUCATION OF THE STATE. No. 34. An Act to establish a State Board of Education, prescribe the qualifications of the members of said Board, fix their terms of office, define their duties, to provide penalties for the violation of this Act and to repeal certain sections of the Code of Georgia of 1933, as follows: Section 32-401, Section 32-402, Section 32-403, Section 32-404, Section 32-405, Section 32-406 and Section 32-407; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There shall be a State Board of Education composed of 11 members, as follows: The Governor and one member from each of the 10 Congressional Districts of Georgia. All of the members of said Board from the several Congressional Districts shall be appointed by the Governor, by and with the advice and consent of the Senate.

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The original appointments shall be effective from and after July 1, 1937. The original appointments of the members from the various Congressional Districts shall be as follows: Two for two years, four for four years, and four for six years; their terms of office thereafter shall be for six years, and until their successors are appointed and qualify. Any vacancy shall be filled by appointment for the unexpired term, subject to confirmation by the Senate, and any appointment, whether for a full term or to fill a vacancy, made when the Senate is not in session, shall be effective until the same is acted upon by the Senate. The members of the State Board of Education shall be citizens of this State who have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The members of the Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the Federal and State Constitutions and enter upon the discharge of same on the effective date of this Act. They shall meet at the State Capitol in the Department of Education, or at such place in the Capitol as may be designated by the Governor for that purpose. They shall elect one of their members as Chairman, and shall fix the term of office of the Chairman. The Board shall meet quarterly in regular session, at such time as they may by regulation provide, and may hold additional meetings at the call of the Chairman; Provided, That upon the written request of a majority of the members of the Board the State Superintendent of Schools shall call a meeting at any time. Board created. Members. Terms of office. Vacancies. Eligibility. Oath. Meetings.

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Section 2. The members of the Board shall receive the sum of seven ($7.00) dollars for each day of actual attendance at the meetings of the Board, and as actual cost of transportation to and from the place of meeting and their respective homes by the nearest practicable route the mileage allowed by law to State officers and employees. Such per diem and mileage shall be paid by the State Department of Education. Pay for service. Section 3. The State Board of Education shall provide rules and regulations for the supervision of all public schools of this State; they shall provide a course of study for all common and high schools receiving State aid and may, in their discretion, approve additional courses of study set up by the local units of administration; provide for curriculum revisions and for the classification and certification of teachers. They shall make such rules and regulations as may be necessary for the operation of the common schools and for the administration of the common school fund. They shall prepare and submit to the Governor and General Assembly of the State of Georgia an estimate of the funds necessary for the operation of the State Public School System. They shall have general supervision of the State Department of Education and shall employ and dismiss, upon the recommendation of the State Superintendent of Schools, such clerical employees, supervisors, administrators, and other employees as may be necessary for the efficient operation of the common school system. They shall set aside the necessary funds for the maintenance of the office of the State Department of Education and the State Superintendent of Schools, the amount and sufficiency of said funds to be in the discretion of the State Board of Education, said funds to be disbursed by the State Superintendent of Schools in the payment of salaries and travel expense of employees; for printing, communication, equipment, repairs and other expenses incidental to the operation of the State Department of Education. Rules and regulations. Control of employees. Funds.

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Section 4. Except as provided by this Act, the State Board of Education shall also have all the powers conferred by law upon the State Board of Education created by Section 32-401 of the Code of Georgia of 1933, and abolished by Section 10 of this Act, and shall perform all the duties now required by law of said State Board of Education as now constituted. Said Board is hereby authorized and empowered to accept, on behalf of the State of Georgia, any funds which may be now or hereafter provided for or appropriated by Congress for vocational education or for other educational purposes, and to use so much of the common school fund or other funds appropriated by the General Assembly as may be necessary to match any such Federal aid, or meet the terms of any Federal grant to the State for any such educational purpose. Powers. Section 5. The State Superintendent of Schools shall be the executive secretary of the State Board of Education, and the administrative officer of the State Department of Education. He shall enforce and administer the regulations adopted by the State Board of Education. He shall receive as compensation for his services as such executive secretary and administrative officer such compensation as the State Board of Education may, from time to time, prescribe, which shall be paid by the State Department of Education, and shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools; Provided, that the compensation of the State Superintendent of School as such executive secretary and administrative officer shall not be increased or diminished during his term. State superintendent's functions. Section 6. The State Board of Education shall have appellate jurisdiction in all school matters which may be appealed from any county or city board of education, and its decisions in all such matters shall be final and conclusive. Appeals to the Board must be made in writing through the

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county superintendents of schools, or the secretary of the Official Board of Independent Systems, and must distinctly set forth the question of law, as well as the facts in the case. The Board shall provide by regulation for notice to the opposite party and for hearing on the appeal. Jurisdiction. Section 7. The State Board of Education shall prescribe, by regulation, standard requirements for universities, colleges, normal or professional schools, conferring degrees or issuing diplomas in this State, and no charter granting the right to confer such degrees or diplomas shall be granted or issued until the applicants therefor have obtained from the State Board of Education a certificate showing that such requirements of the Board have been met. Standards. Certificate for charter. Section 8. No member or appointee of the Board, or any other person having authority to select or aid in the selection of textbooks for the schools, shall for himself or any member of his family receive any gift, compensation or remuneration from any school book publishing house, corporation, individual, or agent or representative of either; nor shall any such person, publishing house or corporation offer, directly or indirectly, to any member of said Board, or his family or appointees, any gift, compensation, or remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families or appointees, any compensation, remuneration or gift, they shall report the same to the grand juries of their respective counties. The judges of the Superior Courts in charging the grand jury from term to term shall give instructions concerning this section and Act. Forbidden gifts, etc. Section 9. Any person violating the provisions of Section 8 of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as provided by law in such cases. Penalty.

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Section 10. This Act shall become effective July 1, 1937. The State Board of Education as now constituted, and as provided for by Section 32-401 of the Code of Georgia of 1933 is hereby abolished as of July 1, 1937. Effective date. Section 11. The following sections of the Code of Georgia of 1933 are hereby repealed: Section 32-401, which provides for the appointment and qualifications of members of the State Board of Education; Section 32-402, which provides for the qualification of members of the State Board of Education and for the organization and meetings of said Board and for the compensation of members thereof; Section 32-403, which defines the powers and duties of the State Board of Education; Section 32-404, which creates school districts and provides for the distribution of school funds and for normal instruction; Section 32-405, which provides for the exercise of appellate jurisdiction by the State Board of Education; Section 32-406, which prohibits the acceptation of gifts from persons connected with textbook publishers by any member of the State Board of Education or other employee of said Board or of the State Department of Education; and Section 32-407, which provides for the approval of charters for educational institutions by the State Board of Education. Code, 32-401 et seq., repealed. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1937. BOND DEBT REFUND, ETC. No. 381. An Act to authorize and empower any county school district, local school district, consolidated school district, or independent school district (in certain cases) in which a local tax is now or may hereafter be levied for school purposes, to refund outstanding bonded indebtedness of

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such district; to provide the manner of exercising such power; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Where any school district, or consolidated school district, or any independent school district (in cases hereinafter provided) has outstanding school house bonds, or shall hereafter issue, in accordance with the laws of this State, any such bonds, and it becomes necessary or advisable to refund, retire, or refinance such bonds, the same shall be done in accordance with the procedure and in the manner hereinafter provided. Refunding procedure. Section 2. The advisability or necessity of refunding, retiring or refinancing such bonds shall be determined by the qualified voters of the school district concerned, in an election to be held in such district in the manner hereinafter provided. Should the board of trustees of any school district or consolidated school district, or board of education (or corresponding body) in any independent school district, in which a local tax is now or may hereafter be levied for school purposes deem it necessary or advisable to refund, retire, or refinance any outstanding school house bonded indebtedness of said district, they shall, by written resolution, call an election to be held in said district by giving notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements for the county are published, notifying the qualified voters that on the day named an election will be held to determine the question whether bonds shall be issued by the district for refunding, retiring or refinancing outside school house bonds of such district. They shall specify in said notice what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest is to be paid annually, and when they are to be fully paid off. They shall also specify in said notice the amount of bonds and interest, if any, date of issue,

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rate of interest, and dates due of the outstanding school house bonds which are sought to be retired, refunded or refinanced. None but the qualified voters of the district concerned shall be permitted to vote in said election. The tax collector or tax commissioner shall furnish a list of certified registered voters in such school district, or consolidated school district, (and in independent school district such list shall be furnished by the proper official of such district), to the managers of the election 10 days before such election is held and after the same has been purged by the board of registrars or proper city officials as the case may be as now provided by law in cases of special elections. Said board of trustees or board of education, or corresponding body, as the case may be, or a majority of them, shall be the election managers, and if for any reason they fail to act, any three freeholders of the school district or consolidated school district or independent school district may qualify and act. The ballots shall have written or printed thereon for refunding outstanding school house bonds or against refunding outstanding school house bonds. The polls shall remain open during the hours as now fixed by law for general elections. The ballots cast and the voting list shall be lodged with the board of trustees in the school district or consolidated school district or with the board of education or corresponding body in independent school districts, which said board or body, as the case may be, shall declare the result of said election. The ballots, consolidated returns and the other declaring the result of the election shall be filed with the ordinary of the county, or in the case of independent school district, with the proper official of the municipality or district charged with keeping permanent records. Election to be called. Notice by publication. Voters' list. Ballots. Polls. Result. Section 3. In addition to the manner provided in Section 2 of this Act for calling such an election, should as many as one-fourth of the qualified voters of any such school district file a petition with the board of trustees of

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any local tax school district, or consolidated school district, or the board of education, or corresponding body in an independent school district, requesting that an election be called for the purpose of submitting the issue as to whether the school house bonded indebtedness of such district be refunded, retired, or refinanced, it shall become the duty of such board or body to call an election in the same manner as above provided. Additional election. Section 4. All counties in which a local tax is now or may hereafter be levied for school purposes, throughout the entire county, or throughout the entire county except that part embraced within the incorporated limits of a municipality or municipalities are hereby empowered to refund, refinance or retire outstanding school house bonds of such territory in the same manner and under the same rules and regulations as provided in this Act except that in elections for said territory the manner of holding elections shall be as follows: When one-fourth of the registered qualified voters of such territory shall file with the board of education of such county, petition asking for an election for the purpose of determining whether or not bonds shall be issued for the purpose of refunding, refinancing or retiring outstanding school bonds of such territory, the required number of petitioners to be determined by said board of education, it shall be the duty of said board of education to fix the amount, denomination, rate of interest, and dates when due, of the proposed bonds to refund, refinance or retire outstanding school house bonds of such territory, and the said board of education shall also specify the amount, denomination, rate of interest and dates when due of the outstanding school bonds which are sought to be refunded, retired or refinanced and call such election in terms of law now provided or which may hereafter be provided for the county issue of bonds except as herein otherwise provided. Said board of education shall order such election to be held at the various polling places throughout

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the county or throughout the territory to be affected, of which they shall give notice by publication thereof once a week for four weeks previous to said election in the newspaper in which the legal advertisements of said county are published. None but registered qualified voters residing within the territory to be affected shall be permitted to vote in said election. The tax collector shall furnish a certified list of registered voters in such county or in the territory to be affected, to the managers of the election, 10 days previous to said election, and after the same has been purged by the board of registrars, as now provided by law in cases of special elections. The ballots cast shall have written or printed thereon For refunding outstanding school house bonds or Against refunding outstanding school house bonds. The managers of the election, including such clerks as may be necessary, shall be appointed by the ordinary. The polls shall remain open during the hours as now fixed by law for general elections. The returns of the election, including all ballots cast, tally sheets, voters' lists and other papers relating to the election, shall be made to the ordinary, who shall on the day following said election consolidate the vote and declare the result. In the event that two-thirds of the votes cast at such election shall be in favor of refunding outstanding school house bonds and such two-thirds is also a majority of all the voters qualified to vote in said election, then the refunding school house bonds shall, after validation, as herein provided, be issued, sold or exchanged under all of the regulations now provided for the sale of school district bonds, under Section 32-1403 of the Code of Georgia of 1933, or herein provided for the sale or exchange of such refunding bonds. The proceeds shall be turned over to the board of education in trust for the purpose or purposes provided in this Act. The county authorities, in levying and assessing taxes for the purpose of paying the interest and retring and paying off said bonds shall, in the event that the entire county is not embraced within the area or territory in which said election is held,

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levy and assess such taxes only against the property located within the area or territory within which said election is held. For the purpose of taking care of and paying the principal and interest of such refunding school house bonds, the board of education shall recommend, and the board of county commissioners or ordinary, as the case may be, shall levy upon the property subject to taxation in the entire county or in the area or territory within which said election is held, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said county or territory. The manner of paying off the outstanding school house bonds with the proceeds of the sale of the refunding school house bonds, or exchange of bonds, and sinking fund provided in cases where holders of outstanding bonds fail or refuse to sell, exchange or surrender the same, for cancellation, shall be the same as provided in this Act for other school districts. Refunding powers. Election. Voters. Ballots. Returns. Sale of bonds. Proceeds in trust. Tax levies. Section 5. At any election called and held as herein provided, should as many as two-thirds of the qualified voters voting in such election (provided such two-thirds so voting shall be a majority of the registered voters), cast their ballot in favor of the issue for refunding outstanding school house bonds, the officials as named above shall so declare the result; and such officials shall have the power and authority, after validation as hereinafter provided, to issue such refunding school house bonds for sale or exchange for the purpose of retiring the outstanding school house bonds in the district under all of the regulations now provided by law for school district bonds. Where an election held in the manner above provided results favorably to the issue of such bonds, the county board of education, or corresponding body of independent school districts, as the case may be, shall recommend, and the board of county commissioners or ordinary, or municipal tax levying authorities,

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as the case may be, shall annually levy upon the property subject to taxation in the school district in which said election was held, such tax as may be necessary to provide a sinking fund for the retirement of said bonds and for paying the principal thereof and the interest thereon; this to be in addition to the general tax for the maintenance of the schools of said district. Election. Validation of bonds. Tax levy. Section 6. Before the school house refunding bonds herein provided shall be issued, they shall first be validated in accordance with the provisions of Chapter 87-3 of the Code of 1933. Validation. Section 7. Any such refunding bonds of a local school district, or consolidated school district, shall, after validation, be turned over to the county board of education to be sold or exchanged as herein provided, and the county board of education is hereby authorized and empowered to sell or exchange such bonds under all of the regulations now provided by law for the sale of school district bonds, or herein provided therefor. When such bonds are sold by the county board of education, the proceeds derived therefrom shall be held in trust by the county board of education only for the purposes herein provided. When such bonds are exchanged by the county board of education, which is hereby authorized and empowered so to do, such exchange shall be consummated in accordance with the provisions herein provided. Sale or exchange of bonds. In independent school districts over which the county board of education has no jurisdiction, such refunding bonds after they have been issued and validated, shall be turned over to the officials who under the law are now authorized to handle in any manner bonds issued by such independent school districts, and such officials are hereby authorized and empowered to sell or exchange, in like manner as the county board of education, such refunding bonds for the purposes and in accordance with the provisions of this Act. Independent districts.

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Section 8. Bonds issued under this Act may be exchanged for not less than an equal principal amount and accrued interest, if any, of indebtedness to be retired thereby, including indebtedness not yet due if the same be then redeemable or if the holder thereof be willing to surrender the same for retirement, but otherwise shall be sold and the proceeds thereof shall be applied to the payment of such school house bonded indtebedness or accrued interest due or redeemable which may be so surrendered. Exchange of bonds. Section 9. Should the holder of any outstanding school house bonds be unwilling to surrender the same for retirement, either in exchange for refunding bonds in a principal amount equal to the principal and interest accrued on the bonds under the authority of this Act, or upon tender to him of the par value of the bond or bonds held by him, plus accrued interest thereon, then and in that event, when any of the refunding school house bonds are sold a sufficient amount of the proceeds derived from the sale of the same shall be set aside and shall constitute a sinking fund for the eventual retirement of any such bond or bonds and the payment of interest thereon in accordance with the provisions of such bonds when they mature, or are surrendered for retirement. Tender for exchange. Sinking fund. Section 10. The proceeds derived from the sale of any refunding school house bonds issued under the authority of this Act shall be applied exclusively to the purposes herein above provided. Nor shall any of said refunding bonds be exchanged except for outstanding bonds for which they were issued to retire. Provided, that in no event shall the refunding school house bonds so issued exceed in amount the previously existing total school house bond debt of the district issuing such bonds with interest thereon. Application of proceeds. Section 11. Wherever in this Act it is made the duty, without specific designation, of any official or officials to perform any duty with reference to the issuance, exchange,

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sale or retirement of any bonds, such duty is hereby imposed upon the same officials with respect to such duties as are now imposed upon the officers charged with the same duties under the provisions of the laws of Georgia relating to bonds issued in the first instance. Such officers shall have the same authority and are hereby charged with the same duties with respect to the investment of sinking funds and levying taxes to retire bonds and interest on bonds issued under this Act as is now provided with respect to the levying of taxes to retire bonds and the creation and administration of sinking funds to retire the bonded indebtedness of any local school district, consolidated school district, or independent school district, where a local tax is levied for school purposes. Duties. Section 12. The interest rate on such refunding school house bonds shall in no event exceed (but may be less than) the interest rate on the bonds for which they were issued to refund. Interest rate. Section 13. The provisions of this Act for issuances of refunding school house bonds in the case of independent school districts shall apply only where the Act creating such school district, or as amended, authorizes the same. Independent districts. Section 14. This Act shall not be construed so as to impair the obligation of any bond outstanding at the time of its passage, or so as to prejudice the rights of any bondholder of an outstanding bond issued prior to the passage of this Act. Should any holder of an outstanding school house bond which is not due or which has not matured in accordance with the provisions thereof, fail or refuse to sell or exchange such bond or bonds for refunding school house bonds issued in accordance with this Act, it shall be the duty of the officials of the school district in which issued such bonds or bonds to set aside from the proceeds of the sale of the refunding school house bonds a sinking fund under all the regulations now provided by law for

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sinking funds for school house bonds for the purpose of retiring such bonds when they mature and paying the interest accrued or to accrue thereon. Obligations not impaired. Bondholders. Section 15. No election as provided herein shall be held in any one district more often than once a year. Annual election. Section 16. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 31, 1937. BORROWING OF MONEY BY BOARDS. No. 131. An Act to authorize the boards of education of all counties in the State of Georgia having a population in excess of 200,000 to borrow money for the operation of schools in amounts not exceeding the total sum to be received by said board from the State appropriation and school taxes and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That in all counties of this State which have a population exceeding 200,000 by the present or any future census of the United States, the boards of education of such counties shall have the power and authority whenever they deem it necessary to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties; Provided that no board of education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum which the county board of education may be entitled to receive from the State appropriation and from taxes levied for educational purposes during the year in which such loan is made. Power to borrow in county. Limit.

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Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 10, 1937. CIVIL SERVICE FOR TEACHERS, ETC. No. 227. An Act to provide for civil service for teachers and employees of the public school systems of all counties in the State of Georgia having a population in excess of 200,000; to provide for establishment of rules and regulations for the employment and discharge of such teachers and employees 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. In all counties of this State which have a population in excess of 200,000, under the last or any future census of the United States, all teachers and other employees employed by the board of education of such counties shall serve during good behavior and efficient service under such rules and regulations as may be established by the board of education. Tenure of service in county. Section 2. All teachers, supervisors and principals, as well as other employees of such county public school systems who are in the employ of such county boards of education at the time this Act becomes effective, and who shall have been so employed for a total period of as long as three years, and all such teachers, supervisors and principals, as well as other employees, who may be hereafter employed and who shall have been so employed for a total period of as long as three years, shall be automatically reappointed by the county board of education, and no person

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shall be discharged from such position or refused reappointment except for disability, inefficiency, insubordination or moral turpitude; Provided, however, that nothing herein contained shall require the board of education of any such county to continue any person in the same position or capacity, but, subject to the other provisions hereof, it shall require only that each teacher, supervisor or principal shall be reappointed to one of such positions; Provided, however, that no such employee shall be transferred from one such position to another against his wishes except to promote the efficiency of the county school system. Automatic reappointment. Discharges. Proviso. Transfers. Section 3. The boards of education of such counties shall adopt such rules and regulations for the persons who are under this Act placed under civil service, including those employed in the future, so that they shall serve during good behavior and efficient service, and so that they shall not be discharged without notice being given to them, charges preferred and opportunity to be heard. No employee shall be discriminated against for the exercise of any constitutional right. Rules and regulations. Section 4. The provisions of this Act shall become effective in all of such counties on July 1, 1937. Section 5. Any and all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1937. CODE OF SCHOOL LAWS AMENDED. No. 491. An Act entitled An Act to codify the school laws of the State of Georgia in compliance with the provisions of the Act entitled `An Act to empower the State Superintendent of Schools, the Attorney-General, the Chairmen of the Senate and House Committees on Education to codify

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the school laws; and for other purposes,' approved July 20, 1918; to revise the school laws of the State; to provide for a State Superintendent of Schools, State Board of Education, a State Board for Vocational Education, County Superintendent of Schools, County Board of Education, Supervisor of Schools and Instruction, an Auditor, a Secretary and Executive Agent of the State Board of Education, and other officers; to provide the method of their selection, and duties, powers and compensation; and for other purposes by specifying the amount which may be borrowed by county boards of education for the operation of schools. Section 1. Be it enacted, by the authority of the Legislature of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act to codify the school laws of the State of Georgia in compliance with the provisions of the Act entitled An Act to empower the State Superintendent of Schools, the Attorney-General, the Chairmen of the Senate and House Committees on Education to codify the school laws and for other purposes, approved July 20, 1918; to revise the school laws of the State; to provide for a State Superintendent of Schools, State Board of Education, a State Board for Vocational Education, County Superintendent of Schools, County Board of Education, Supervisor of Schools and Instruction, an Auditor, a Secretary and Executive Agent of the State Board of Education, and other officers; to provide the method of their selection, and duties, powers and compensation; and for other purposes, be and the same is hereby amended by striking from Section 95 of said Act all of the language following the word provided and substituting in lieu thereof the following: That no Board of Education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum which the county board of education may be entitled to receive from the State appropriation and from taxes levied for educational

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purposes during the year in which such loan is made, so that as amended the said Section 95 of the said Act will read as follows: Act of 1918 amended. The county boards of education of the several counties of this State shall have the power and authority whenever they deem it necessary to borrow sufficient amounts of money, and no more, to pay for the operation of the public schools of their counties; Provided, that no board of education shall have authority under this law to borrow a sum of money greater in the aggregate than the sum which the county board of education may be entitled to receive from the State appropriation and from taxes levied for educational purposes during the year in which such loan is made. Power to borrow money. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 31, 1937. EQUALIZING OPPORTUNITIES. No. 33. An Act to equalize educational opportunities throughout the State; to provide for the operation of the public schools of the State; to fix a minimum public school term; to provide for the selection of teachers and administrative officials; to prescribe methods of allotting, distributing, and disbursing the common school funds; to define the duties of the State Board of Education and the State Superintendent of Schools; to provide for local units of administration in the operation of the common schools and for the submission of budgets by such local units of administration; to provide for the distribution of vocational education funds and such other funds for educational purposes as may be made available and committed

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to its administration by the State Board of Education; and to provide for the repeal of Sections 32-404, 32-510, 32-511, 32-512, 32-513, 32-514, of the Code of Georgia of 1933, to provide for the repeal of Chapter 32-6, Sections 32-601 and 32-602, Section 32-918, Section 32-936, Section 32-939, Section 32-946, Section 32-947, Section 32-1015, Section 32-1016, and a portion of Section 32-909, all of the numbered chapters and sections being of the Code of 1933, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared to be the public policy of the State of Georgia that educational opportunities for all of the childrenof school age in this State shall be equalized throughout the State by the State Board of Education, so far as possible. Policy. Section 2. From and after July 1, 1937, the public schools of this State, including the public high schools, shall be operated, upon the basis hereinafter provided, for a period of not less than seven school months during each school year. Twenty school days shall constitute a school month. The school year shall begin on the first day of July and end on the thirtieth day of June of each year. Seven months operation. Twenty days a month. School year. Section 3. For the purpose of this Act, the several counties of the State, and the various independent school systems established by law, shall be the local units of administration. In the local units of administration, the several teachers and principals shall be elected by the boards of education on the recommendation of the respective superintendents; Provided, that principals and teachers in local tax districts, not operated as independent systems, shall be recommended by the board of trustees of such school district and by the county superintendent. The superintendents, and the boards of education of the respective local units referred to shall execute the provisions of this Act under such rules and regulations as may be adopted

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by the State Board of Education; Provided further, that those counties in which the public schools are operated under special Acts recognized and continued by the Constitution of 1877, shall be governed by the provisions of this Act, except where the same is in conflict with any such special Act. Units of administration. Principals and teachers. Proviso. Section 4. The State Board of Education shall divide the various local units of administration provided for by the foregoing section into five groups, on the basis of the most recent United States census, and shall regroup said local units as early as practicable after each United States census. Groups. (a) Group 1 shall embrace independent schools systems in cities of more than 10,000 population, counties having one or more cities of more than 10,000 population, exclusive of independent systems, and counties having a population density of more than 200 per square mile. (b) Group 2 shall embrace all independent school systems not included in Group 1 and all counties having a population density of not less than 75 and not more than 200 per square mile. (c) Group 3 shall embrace counties having a population density of 45 or more and less than 75 per square mile. (d) Group 4 shall embrace counties having a population density of 19 or more and less than 45 per square mile. (e) Group 5 shall embrace counties having a population density of less than 19 per square mile. Section 5. The State Board of Education shall annually determine, subject to such variations as in its discretion may be necessary, the number of teachers to be employed for the minimum term prescribed by Section 1 of this Act, upon the basis of average daily attendance for the preceding school year, as follows: Annual determination.

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(a) For school systems in Group 1 there shall be allowed one teacher for each 40 pupils and major fraction thereof in the elementary grades, and one teacher for each 35 pupils and major fraction thereof in the high school grades. (b) For school systems in Group 2, there shall be allowed one teacher for each 35 pupils and major fraction thereof in the elementary grades, and one teacher for each 30 pupils and major fraction thereof in the high school grades. (c) For school systems in Group 3, there shall be allowed one teacher for each 30 pupils and major fraction thereof in the elementary grades, and one teacher for each 25 pupils and major fraction thereof in the high school grades. (d) For school systems in Group 4, there shall be allowed one teacher for each 25 pupils and major fraction thereof in the elementary grades, and one teacher for each 20 pupils and major fraction thereof for the high school grades. (e) For school systems in Group 5, there shall be allowed one teacher for each 20 pupils and major fraction thereof in the elementary grades, and one teacher for each 15 pupils and major fraction thereof in the high school grades. For the purposes of this section, grades one to seven, inclusive, and no others, shall be considered elementary grades, and grades eight to eleven, and no others, inclusive, shall be considered high school grades. Section 6. The State Board of Education shall provide, by regulation, for certifying and classifying the teachers in the public schools of this State. No teacher, principal, supervisor, or superintendent, other than county school

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superintendents, shall be employed in the public schools unless such person shall hold a certificate from the State Board of Education, certifying to his or her qualifications as such teacher, principal, supervisor, or superintendent, or a county license issued by a county board of education pursuant to the rules and regulations of the State Board of Education. It is provided, however, that nothing in this Act shall operate to prevent any local school unit from providing for local fund educational advantages in addition to those herein prescribed or that may be prescribed by the State Board of Education from making rules for the government of such local systems not in conflict with those prescribed by the State Board. Certificate and classification. Section 7. The State Board of Education shall provide, by regulation, for the classification of all of the teachers in the public schools of this State, except county school superintendents, upon the basis of academic and professional training and experience, and the certificate or license issued to each such teacher by the State Board of Education, or pursuant to its authority, shall indicate the classification of such teacher. Basis of classification. Section 8. The State Board of Education shall annually fix a schedule of the minimum salaries which shall be paid to the teachers of the various classes prescribed by them out of the public school funds of the State, which salary schedule shall be uniform for each of the classes of teachers fixed by the State Board of Education; Provided, however, that the State Board of Education, in its discretion, may authorize or provide for variations from such schedules whenever, in its discretion, such variations may be necessary. Salary schedules. Section 9. The common school fund and such appropriations as may have been, or may hereafter be made by the General Assembly for common school purposes, shall

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be used by the State Board of Education to carry out the provisions of this Act and for the following purposes: Uses of common-school fund. (1) To pay all teachers in the public schools of the State except county superintendents, salaries for not less than seven months in each school year, in accordance with the salary schedules prescribed by the State Board of Education; Provided, that no teacher shall receive less than the minimum salary prescribed by the State Board of Education for the class to which such teacher belongs, unless the State Board of Education, in the exercise of its discretion, shall otherwise direct. (2) To pay the salaries of county school superintendents as now provided by law. (3) To pay to each local unit of administration, as hereinbefore defined, for the purpose of meeting local administrative expenses, the cost of operating and maintaining school plants, meeting fixed charges, the expense of auxiliary agencies, the expenses of transportation, and other administrative expenses, a sum sufficient, when added to the total amount which may be raised by such local unit of administration, by a local tax levy of five mills, to equal one-third of the amount allotted to such local unit of administration for salaries. (4) To pay the administrative expenses of the State Department of Education, the compensation and expenses of the State Board of Education, and the State Superintendent of Schools, and such other salaries and administrative expense of the Department of Education as may be authorized by the State Board of Education and approved by the State Superintendent of Schools. Section 10. The board of education of any local unit of administration, as defined by this Act, or the board of trustees of any local school district, may operate the schools of such county, or city, or school district, for a longer period

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than seven months during any school year, or may, in its discretion, supplement the State schedule of salaries, and employ additional teachers not provided for in this Act; Provided, however, that teachers in such schools shall receive not less than the minimum salary prescribed by the State Board of Education on the State schedule for any period during which the school term may be extended, unless the State Board of Education, in its discretion, shall otherwise direct. Provided, further, that any such local unit as herein defined may operate kindergartens or grades above the eleventh solely from local funds. Operation beyond seven months. Salaries of teachers. Section 11. The State Board of Education shall, on or before the beginning of each school year, or as soon thereafter as may be practicable, fix the minimum schedule of teachers' salaries for the ensuing school year, and determine the minimum number of teachers which may be employed by each local unit of administration under the classification of local units prescribed by this Act. This information shall be furnished to the board of education of each local unit as soon as the same is available. Minimum salary. Section 12. Within 30 days from the receipt of the information referred to in the foregoing section of this Act, or within such other period as may be prescribed by the State Board of Education, the board of education of each local unit as herein defined shall file with the State Superintendent of Schools, upon forms prescribed by the State Board of Education and prepared and furnished by the State Superintendent of Schools, a budget, containing such information as may be required by the State Board of Education, and showing proposed expenditures for the ensuing school year, the purposes for which it is proposed such expenditures shall be made, and the sources from which such funds will be derived. When the proposed budget of any local unit of administration has been approved by the State Board of Education, or by the State Superintendent

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of Schools, in the event the State Board of Education may delegate such authority to him, the same shall become operative and shall be followed in all expenditures made by such local unit of administration during the ensuing school year; Provided, that no budget shall be approved by the State Board of Education or by the State Superintendent of Schools unless it shall provide for expenditures for teachers' salaries of at least three-fourths of the total amount available to such local unit for expenditure during the ensuing school year, exclusive of the principal and interest of any bonded indebtedness of such local unit. Budget to be filed. Section 13. All budgets submitted in accordance with the foregoing section shall be passed upon by the State Board of Education, or the State Superintendent of Schools, within 30 days after they are received. If any item or items in the proposed budget shall be disapproved, the board of education of the local unit shall be entitled to notice thereof and a hearing thereon. If the budget submitted shall comply with the provisions of this Act, and of the laws of this State, and shall require the disbursement of no more than the equitable proportion of State funds to which such local unit may be entitled, the same shall be approved by the State Board of Education, or the State Superintendent of Schools in the event such duty shall be delegated to him by the State Board of Education, and shall become the operating budget for the public schools of the local unit for the ensuing school year. One copy of the approved budget of each local unit shall be filed with the State Superintendent of Schools, one copy shall be filed with the State Department of Audits and Accounts, and one shall be filed with the board of education of the local unit. State funds to meet the operating expenses provided for by such school budgets shall be withdrawn from the State Treasury on executive warrants based on requisitions signed by the State Superintendent of Schools, and shall be disbursed to the various local units by the State Treasured

Page 890

upon the order of the State Superintendent of Schools. Transfers of funds within its budget may be made by local boards providing such transfers do not conflict with the provisions of this Act. Approval. Hearing on disapproval. Copies to be filed. Section 14. Nothing in this Act shall affect the distribution of Federal funds allotted to Georgia under the Smith-Hughes Vocational Education Act, or other Acts of Congress appropriating Federal funds for vocational education purposes, or the distribution of State funds appropriated or allotted for such purposes, but all such funds shall be apportioned by the State Board of Education to the various local units as additional aid for use in maintaining vocational classes or departments, subject to such reasonable rules and regulations as may be prescribed by the State Board of Education and in accordance with the State plan of vocational education; nor shall any provision of this Act prevent the State Board of Education from accepting and administering other funds which may be made available to it, or for the use of the schools of the State for educational purposes, subject to such limitation as may be imposed in the grant or appropriation of same. Federal funds. Section 15. Nothing in this Act shall be construed to affect or modify Section 32-948 of the Code of Georgia of 1933, relating to creating an equalization fund for the public schools, and providing for its distribution, but said section shall remain of full force and effect. Equalization fund. Section 16. The State Board of Education shall administer this Act, and enforce its provisions. The State Superintendent of Schools shall be the executive and administration secretary of the State Board of Education for that purpose. He shall receive for his services such compensation as the State Board of Education may, from time to time, prescribe, which shall be in addition to the salary provided by the Constitution for the State Superintendent of Schools, and shall not be increased or diminished during

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his term. In administering this Act, the State Board of Education shall employ such supervisors or other employees as may be necessary, and shall fix their compensation. Such supervisors or other employees shall be employed by the State Board of Education upon the recommendation of the State Superintendent of Schools. State Board Superintendent. Salary addition. Supervisors and employees. Section 17. This Act shall become effective July 1, 1937, but the State Board of Education, in its discretion, may defer the operation of so much of this Act as fixes a minimum school term of seven months if funds sufficient to operate the schools for seven months shall not be available on the effective date of this Act until such time as such funds may be available for that purpose. Effective date. Section 18. The following sections of the Code of Georgia of 1933 are hereby repealed: Section 32-404, which provides for school districts for the distribution of school funds and for normal instruction; Section 32-510, which provides for the disbursement of school funds; Section 32-511, which provides for the salary and expenses of the State Superintendent of Schools and for clerks and assistants to the State Superintendent of Schools; Section 32-512, which provides for an estimate of the common school fund and for the payment of teachers; Section 32-513, which provides for apportionment of funds in cases where there are local school laws; Section 32-514, which provides for the establishment of teachers' county institutes; Chapter 32-6, Section 32-601 and 32-602, which provide for State School Supervisors, high school supervisors, appointments, qualifications, and duties; Section 32-918, which provides for setting apart four hundred thousand ($400,000.00) dollars annually for consolidated schools; Section 32-936, which provides for the distribution of unused school funds; Section 32-939, which provides when a county is entitled to part of the school fund; Section 32-946, which provides for a classification of receipts

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and expenditures in the submission of annual budgets; Section 32-947, which provides for the submission of and approval of budgets; Section 32-1015, which provides for the examination and licensing of teachers by the county superintendents; and Section 32-1016, which authorizes local systems to prescribe qualifications for teachers and to provide for examinations. So much of Section 32-909 of the Code of Georgia of 1933 as authorizes the county boards of education to prescribe the length of the public school term is hereby repealed. Repeal of Code sections. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 10, 1937. RETIREMENT FUND FOR TEACHERS, ETC. No. 132. An Act to authorize the board of education of any county having more than 200,000 population to create a retirement fund for teachers and employees of county school system, for the creation of a commission to administer such fund, to provide for the raising of such fund and to authorize such commission to provide terms and requirements for such retirement and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That: Section 1. It is hereby ascertained to be a fact that in counties of large population in this State which have county-wide systems of public schools the best interests of such school systems require management and control of such county-wide school systems that closely approximates that of large municipal school systems, and, that in order for

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such county-wide school systems to maintain a well-trained staff of teachers and other school employees, it is necessary that similar provisions be made as between such county systems and large municipal systems relating to compensation and retirement of teachers and school employees. City and county systems. In any county of this State which has a population exceeding 200,000 by the present or any future census of the United States the board of education of such county is hereby authorized to create a retirement fund for teachers and other employees of the county school system. Such retirement fund shall be administered by a commission of three persons, two of whom shall be appointed by the county board of education, and one of whom shall be elected by the teachers and employees of the county board of education entitled to the benefits of the said fund. Of the two persons to be appointed by the board, one shall be a member of the county board of education and one shall be a citizen of the county, and a resident of that part of the county which is included within the territory served by the county school system. This commission shall be called The Teachers' Retirement Commission. County fund for retirement. Section 2. Such retirement fund shall be created by contributions by the teachers and other employees of the county board of education and by appropriations made by the county board of education as follows: How created. (a) For a period of 10 years after such retirement fund is created by any county, each teacher and other employee shall contribute monthly to the said fund 1% of his monthly salary; but no such employee shall contribute more than two ($2.00) dollars per month. The board of education shall likewise pay into said fund monthly an amount equal to all of the contributions made by such employees such amounts being part of the compensation payable to such employees for their services to the county school system. During said period of 10 years the county

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board of education may contribute to such fund such sums in addition to that herein specified as additional compensation as it may desire to appropriate. Employees' contributions. Payments by board. (b) At the end of 10 years after such fund has been created by any county board of education, the commission shall cause to be determined on an actuarial basis the requirements for the proper future administration of such fund, and if such proper administration thereof requires an increase of the contributions to be made by the employees, then the commission shall fix such larger percentage of contribution by said employees as in its judgment may be necessary; not, however, to exceed a total contribution of 3% of the monthly compensation of such employees with a maximum of six ($6.00) dollars per month. In the event of such increase the amount to be paid by the county board of education shall likewise be increased so that at all times the board of education shall pay an amount equal to the contributions made by the employees of the system. Determination after ten years. Total of contributions. Section 3. The said commission shall have the power to adopt rules and regulations under which employees of the system shall be retired for length of service and for disability upon rates of retirement pay to be fixed by such rules, depending upon age and length of service and such other circumstances as the commission may deem important; Provided, however, that all of such employees shall be eligible for retirement, at the option of the board of education, between the ages of 60 and 70 and shall be automatically retired at the age of 70; Provided, further, that no such rule or regulation may provide retirement pay at the maximum rate, hereinafter provided, for any person retired for age or length of service only until such person shall have served in said system, or in a system to which it has become the legal successor for at least 20 years; Provided, further, that no such rule or regulation may

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provide retirement pay for any person in excess of 50% of the average pay of such person for the 10 years immediately preceding retirement, and [Illegible Text] no event more than sixty ($60.00) dollars per month; and, Provided further, that such rules shall provide that if any such employee voluntarily, or involuntarily, severs his connection with said county school system at any time prior to his becoming entitled to retirement pay under the rules adopted by the commission, he shall be entitled to be refunded not less than the amount of all contributions made by him to such fund, and to this amount the commission may, in accordance with regularly adopted rules, add such interest as it may determine to be reasonable, and that upon the death of any such employee before he becomes entitled to such retirement pay, his personal representative shall become entitled to a refund of a similar amount. Rules and regulations. Eligibility for retirement. Retirement pay. Refund. Section 4. The board of education of such county shall have the power to fix the method of election of the member of such commission who is to be elected by the employees of the system in any manner not inconsistent with the provisions of this Act, and the first members of said commission shall serve terms of one, two and three years each, the length of the term of each member to be determined by lot after all have been chosen, and thereafter the said members of the commission shall serve for a term of three years, or until their successors are duly selected and qualified. The said commission shall organize and elect a chairman and secretary each year. No member of the said commission shall be paid a salary for his services in such capacity, but he may receive compensation of two ($2.00) dollars per diem for his attendance and service at any meeting of the commission duly called by the chairman thereof, but such compensation shall in no event exceed twelve ($12.00) per annum. The commission shall have authority to employ such clerical and other assistants as may be necessary for the proper administration of the said fund. Election by employees. Terms of members. Pay for service.

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Section 5. Such commission shall have the power to adopt by-laws and such rules of procedure and rules relating to the investment and distribution of the said funds as it may see fit in any manner consistent with the provisions of this Act. Such commission shall have the power to invest the funds within its control in all investments which are legal within the State of Georgia for the investment of funds of executors, administrators and guardians, and in addition thereto shall have authority to invest such funds in any interest bearing securities issued by or whose payment is guaranteed by the United States of America. The members of the commission shall make such bond for the faithful discharge of their duties as may be required by the board of education. Investment and distribution of funds. Section 6. All of the provisions hereof shall automatically apply to all of the teachers, principals, supervisors and members of the administrative force of any county school system in which it becomes operative, and its benefits may be extended to any other employees of the system at their election made known to the county board of education in writing. Application and extension of provisions. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1937. TEXTBOOKS, DUTIES AS TO. No. 84. An Act to provide for the listing and adoption of textbooks for use in the public schools of this State, and to prescribe the duties of the State Board of Education with reference thereto; to provide for furnishing free textbooks and book covers for use by the pupils in the public schools, and for use by pupils in the public eleemosynary

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institutions of the State, to provide the manner of purchasing such books, and define the duties of the State Board of Education with reference thereto; to authorize the State Board of Education to provide for the publication of textbooks, if, in their discretion, the same is deemed advisable; to provide for purchasing certain second-hand books and to repair and furnish covers for free textbooks, to repeal Chapter 32-7, except Sections 32-705 and 32-706 of the Code of Georgia of 1933; to repeal Chapter 32-8 of the Code of Georgia of 1933; 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. The State Board of Education is authorized and empowered to prescribe by regulation the textbooks to be used in the various grades in the public schools of this State, including the elementary grades and high school grades. The Board may provide, by regulation, for multiple listings of books for use in the various grades, and may, in its discretion, authorize the county school superintendent or the superintendent of independent school systems, to exercise a choice as between books so listed or adopted for any particular grade. The State Board of Education may provide for the selection and purchase of free textbooks either by multiple listings or uniform adoption or by any other method that will enable the acquiring of acceptable books at the lowest possible cost; Provided, such adoption or multiple listings shall in no event constitute a binding contract until ratified in writing by the Board of Education. None of said books so purchased shall contain anything of a partisan or sectarian nature. Regulations. Section 2. The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this State to examine textbooks and make recommendations thereon to the State Board of

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Education. Such committee or committees shall consist of such number of educators as the Board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the State Board of Education may prescribe, and receive such compensation as may be fixed by the State Board of Education. Committees. Section 3. The State Board of Education is hereby authorized and directed to inaugurate and administer a system of free textbooks for the public schools of the State of Georgia. The State Board of Education shall have authority to promulgate and enforce such rules and regulations as may be necessary for that purpose. System. Section 4. The State Board of Education shall, under such rules and regulations as it may deem advisable, provide for purchasing, covering, repairing and furnishing such free textbooks for use by the pupils in all of the elementary and high school grades in the public schools of this State. The State Board of Education may contract for, and provide rules and regulations for, the covering with book covers of such books as are supplied under the provisions of this Act. The State Board of Education is further empowered, in such manner as may seem to it best for the purpose, to restore, repair, re-cover, or rebind, or to contract for restoring, repairing, re-covering or rebinding any and all books used in the public schools of the State, furnished by the Board of Education under this Act, for the purpose of restoring and extending the use of the books. All purchases or contracts for purchases shall be made subject to the condition that the price paid by the State shall not exceed the price which may be offered by the publisher to any other school or school authority for substantially the same book. For the purposes of this Act the elementary grades shall embrace grades one to seven, inclusive, and no other; and the high school grades shall embrace grades eight to eleven, inclusive, and no other. In order to effectuate

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the purposes of this Act, the State Board of Education is authorized to enter upon such contracts as may be necessary for that purpose. The State Board of Education may, in its discretion, extend the provisions of this section, under such rules and regulations as it may adopt, to the Georgia Training School for Boys, the Georgia Training School for Girls, the Academy for the Blind, the School for the Deaf, and the other public eleemosynary institutions operated by this State, where textbooks prescribed by the State Board of Education in conformity with this Act are used. Purchases, repairs, etc. Grades. State institutions. All purchases, listings, or adoptions of textbooks for use in the public schools of the State, as authorized herein, shall be made upon competitive sealed bids or proposals, after notice of the time and place of receiving same has been published once in each of at least three newspapers of general circulation published in the State, at least 30 days prior to the date set for receiving proposals, as determined by the State Board. Bids. Section 5. If the State Board of Education shall find it advantageous to the State to provide for publishing any or all of the textbooks required to be used in the public schools of this State, it is authorized and empowered so to do, under such reasonable rules and regulations as it may prescribe, and to that end may enter upon such contracts as may be necessary for that purpose. The Board may also purchase any second-hand books now or hereafter used in Georgia as it may deem advisable on such basis as may be reasonable. Publishing contracts. Section 6. The expense of administering this Act, and the cost of purchasing, publishing, covering, repairing and furnishing such free textbooks shall be paid by the State Board of Education from such funds as may be provided by the General Assembly for that purpose; Provided, however, that, if funds sufficient to furnish free textbooks for

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all grades shall not be available at any time, the Board shall give preference to the elementary grades, starting with the lower grades, and furnishing free textbooks to the higher grades as rapidly as funds are available for that purpose. Provided, further, that the State Board of Education shall be authorized, if in its discretion it is deemed advisable to do so, to contract with the boards of education of counties or independent school systems now owning textbooks, for the purchase or use of such textbooks, upon such terms as may be mutually agreed upon. Provided, further, that nothing in this Act shall be construed to prevent the boards of education of various counties and independent systems from furnishing free textbooks or school supplies from local funds or furnishing such textbooks and school supplies on a rental basis, for all grades in addition to the free textbooks supplied by the State Board of Education. Provided, further, however, that in those municipalities and counties wherein the local boards of education have purchased books, and are furnishing free or renting same to the pupils, it shall be the duty of the State Board, if different books be selected for use in such municipalities or counties, to compensate the local board for the books owned by the local board, or allow the use of such locally owned books, so long as said books are serviceable. Expense funds. Contracts. Counties and municipalities. Section 7. In addition to the powers hereinbefore granted to the State Board of Education to provide free school books to the pupils of the public schools of the State, the State Board of Education is authorized and empowered to do whatever may be necessary for the general welfare of the free school book system, and in order to acquire school books at the lowest possible cost. Such powers hereinbefore set out being cumulative and not restrictive. General welfare. Section 8. Chapter 32-7 of the Code of Georgia of 1933 which creates a State Textbook Commission, and provides for the adoption and listing of uniform textbooks

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and for prescribing a course of study, except so much of said chapter as is contained in Section 32-705 and Section 32-706, is hereby repealed. Chapter 32-8 of the Code of Georgia of 1933, which regulates the furnishing of textbooks other than uniform textbooks, is hereby repealed. Repeal of Code chapters 32-732-8. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1937. UNIVERSITY REGENTS; TRUST FUNDS. No. 241. An Act empowering the Board of Regents of the University System of Georgia to invest trust funds in real estate and in improvements or buildings thereon; repealing all laws or parts thereof in conflict with this Act. Be it enacted by the General Assembly of the State of Georgia: Section 1. It shall be lawful for the Board of Regents of the University System of Georgia to invest any trust funds held by said Board in real estate and/or in any improvements or buildings which the said Board in its discretion may see fit to make or erect thereon; Provided, however, that no money belonging to any trust fund shall be used for such purpose or purposes if such use or uses would be contrary to the specific provisions of the instrument setting up the trust and provided all investments made of trust funds under this Act shall in the judgment of the Board of Regents of the University System of Georgia be revenue producing investments wherever the trust funds

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so invested are of a trust which requires investment to produce revenue. Investments. Section 2. All laws or parts thereof in conflict with this Act are hereby repealed. Approved March 22, 1937.

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TITLE VIII. HIGHWAYS OF THE STATE. ACTS. Abolishing Highway Board. Creating Highway Board. Certificates of DebtTransfer. Certificates of DebtTransfer. Creating U. S. Post-Road Division. Baldwin and Jones to Bibb County. Banks and Jackson Counties, and Glascock County. Berrien, Cook, Colquitt and Tift Counties. Bibb, Houston, and Pulaski Counties. Bleckley and Wilkinson Counties Ball's Ferry Road. Bleckley County Addition. Bryan and Tattnall Counties Roding to Glennville. Burke and Jefferson Counties. Catoosa County Addition. Catoosa CountyCloud Springs Road. Charlton County Addition. Chatham, Effingham, Screven, and Jenkins Counties. Chatham, Effingham, Screven, and Jenkins Counties. Chattooga and Floyd Counties. Chattooga and Walker Counties. Clinch and Charlton Counties. Cobb and Fulton Counties. Coffee and Atkinson Counties. Coffee and Berrien Counties. Colquitt, Thomas, and Brooks Counties. Columbia, McDuffie and Richmond Counties. Decatur CountyAttapulgus, Ga., Quincy, Fla. Decatur CountyBainbridgeFowlstown. Early and Seminole Counties. Elberton to Savannah River. Emanuel County Addition. Emanuel County Addition. Evans and Liberty Counties Addition. Franklin and [Illegible Text] Counties. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Franklin County Addition. Fulton County Addition.

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Fulton County Addition. Fulton County. Broad Street Extension. Glynn County Addition. Grady and Mitchell Counties Addition. Griffin to Greenville Road. Gwinnett County Addition. Gwinnett, Fulton, and Forsyth Counties. Habersham County Additions. Hall and Lumpkin Counties. Hall and Lumpkin Counties. Haralson and Carroll Counties. Hart County Addition. Irwin and Coffee Counties. Jackson, Barrow, and Hall Counties. Jenkins and Burke Counties. Jenkins and Burke Counties Addition. Johnson and Laurens Counties. Johnson and Washington Counties. Lamar and Upson Counties Addition. Lawrenceville to Suwanee Road. Lowndes and Brooks Counties. Macon-Thomaston Road. Madison and Franklin Counties. Mitchell and Baker Counties. Mitchell County Addition. Montgomery County Addition. Montgomery County Addition. Murray County Addition. Murray, Gilmer, and Pickens Counties. Murray, Gilmer, and Pickens Counties. Muscogee and Chattahoochee Counties Columbus to Fort Benning. Newton, Jasper, and Putnam Counties. Oconee and Oglethorpe Counties. Oconee and Walton Counties. Paulding and Cobb Counties Dallas-Acwor h Road. Peach and Crawford Counties. Peach and Crawford Counties. Pierce County Addition. Randolph and Calhoun Counties. Randolph and Clay Counties. Scenic Highway in Harris, Meriwether, and Talbot Counties. Schley, Marion, and Webster Counties. Screven and Emanuel Counties. Seminole County Addition. Stephens County Addition. Stewart County Addition. Streets as Part of State-Aid System. Taliaferro and Lexington Counties. Telfair and Dodge Counties. Thomaston-Zebulon Road. Turner to Wilcox County Addition. Walker and Dade Counties. Warren and Jefferson Counties.

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Washington and Jefferson Counties. Wayne and Appling Counties. Wayne, Appling, and Bacon Counties. White County Addition. White County Addition. ABOLISHING HIGHWAY BOARD. No. 82. An Act to abolish the State Highway Board of Georgia, and to repeal Code Sections 95-1601 and 95-1602 of the Code of Georgia of 1933, said Sections having reference to membership, appointment and terms of the members, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to wit: (1) That from and after the passage of this Act, the Highway Board of the State of Georgia shall be and is hereby abolished, and the term and tenure of office of each of the members thereof shall be and is hereby terminated and ended, and no member of said board shall have the power and authority to act as such. Board abolished. (2) That Section 95-1601 of the Code of Georgia of 1933, providing that the State Highway Department shall be managed and controlled by the State Highway Board; and providing for membership and appointment of the members of the Board shall be and is hereby repealed. Repeal of Code, 95-1601, 95-1602. (3) That Section 95-1602 of the Code of Georgia of 1933, having reference to the terms of office of the members of the State Highway Board be and the same is hereby repealed. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1937.

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CREATING HIGHWAY BOARD. No. 83. An Act to create the State Highway Board of Georgia, providing for membership thereof, the appointment and terms of office, to provide that said board shall perform all of the duties heretofore performed by the State Highway Board of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of same as follows, to wit: (1) The State Highway Department shall be managed and controlled by the State Highway Board, which shall consist of three members, to be appointed by the Governor, and confirmed by the Senate. Each member shall be selected from different sections of the State. Board created. (2) The term of office of each member of the State Highway Board herein created shall be six years, except that the first three appointments shall be made as follows: Members. (a) One member shall be appointed for a term ending February 1, 1939; Terms of office. (b) One member shall be appointed for a term ending February 1, 1941; (c) One member shall be appointed for a term ending February 1, 1943; Upon the completion of each of said terms, the succeeding member respectively shall be appointed for the full term of six years. All vacancies shall be filled by appointment of the Governor for the balance of the unexpired term wherein the vacancy exists. Vacancies. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1937.

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CERTIFICATES OF DEBTTRANSFER. No. 190. 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 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed by said Act in the general election held in the State of Georgia on November 8, 1932 (as already amended), so as to authorize the governing or fiscal authorities of certain counties to give, assign, and transfer certain of the certificates of indebtedness of the Highway Department held by such counties to Boards of Education therein, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that certain Act adopted and approved on 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 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed by said Act in the general election held in the State of Georgia on November 8, 1932 (as already amended) be, and the same is hereby amended by adding to Section 12, of said Act, and making a part thereof the following, Except that any county in the State having a population of not less than 29,200 and not more than 30,400, according to the official United States Census of 1930, shall, regardless of the existence of or amount of its outstanding and unpaid bonded indebtedness, be exempt

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from the provisions of this section to the following extent: Upon the joint or concurrent application of the County Board of Education of any such county and of the Board or Boards of Education of any independent school system or systems, if there be such, in any such county, requesting the governing or fiscal authorities of such county to give, transfer and assign to said Boards of Education respectively, certain of said certificates issued in such county and designating the amount of said certificates issued in such county, and designating the amount of said certificates agreed upon by said Boards of Education to be transferred and assigned to each of said Boards of Education respectively, the governing or fiscal authorities of such county, in their discretion, may and are hereby given the right, power and authority to give, transfer and assign to said Boards of Education respectively, a portion of said certificates belonging to said county not to exceed in the aggregate one-third of the amount of the certificates issued to said county, and to be prorated and divided among said Boards of Education respectively, by said governing or fiscal authorities, in the proportion agreed upon by said Boards in said concurrent application, and such gift, transfer, and assignment shall be conclusive and final. Upon the transfer, assignment, and delivery of said certificates to the said Boards of Education respectively, said Boards of Education respectively shall have the right, power and authority to sell, at the best price obtainable, said transferred and assigned certificates, or any part thereof, and shall use said certificates or the proceeds derived from said sale, first, for the payment or settlement of any outstanding indebtedness of said Boards respectively, and the balance, if any, in the maintenance and operation of the public school or schools under the jurisdiction of said Boards respectively; and in the event, in the opinion of said Boards, respectively, no fair or advantageous sale of said certificates can be made, the said Boards, respectively, shall have the right, power and authority to use said unsold certificates, or any part thereof,

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to secure the payment of any such outstanding indebtedness of said Boards, respectively, and to hold the balance of said unsold certificates until such time as in the discretion of said Boards of Education respectively same may be advantageously used for the purpose of payment or settlement of any outstanding indebtedness against said Boards respectively, and the balance, if any, for the maintenance and operation of the public school or schools under the jurisdiction of said Boards of Education respectively. The remaining certificates issued to said county or counties, or the proceeds derived from the sale thereof, shall be used and applied as in said section and Act approved prior to this amendment. Act of 1933 amended. Assignment of certificates in county. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 18, 1937. CERTIFICATES OF DEBTTRANSFER. 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 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed by said Act in the general election held in the State of Georgia on November 8, 1932 (as already amended), so as to authorize the governing or fiscal authorities of certain counties to give, assign, and transfer certain of the certificates of indebtedness of the Highway Department

Page 910

held by such counties to boards of education therein; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that certain Act adopted and approved on 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 25, 1931 (Georgia Laws 1931, pp. 97-101), and ratified in the manner prescribed by said Act in the general election held in the State of Georgia on November 8, 1932 (as already amended), be and the same is hereby amended by adding to Section 12 of said Act, and making a part thereof the following, Except that any county in the State having a population of not less than 7,000 and not more than 7,500, according to the official United States census of 1930, shall, regardless of the existence of or amount of its outstanding and unpaid bonded indebtedness, be exempt from the provisions of this section to the following extent: Upon the joint or concurrent application of the County Board of Education of any such county and of the Board or Boards of Education of any independent school system or systems, if there be such, in any such county, requesting the governing or fiscal authorities of such county to give, transfer and assign to said Boards of Education respectively, certain of said certificates issued in such county and designating the amount of said certificates issued in such county, and designating the amount of said certificates agreed upon by said Boards of Education to be transferred and assigned to each of said Boards of Education respectively, the governing or fiscal authorities of such county, in their discretion, may and are hereby given the right, power and authority to give, transfer and assign to said Boards of Education respectively, a portion of said

Page 911

certificates belonging to said county not to exceed in the aggregate one-third of the amount of the certificates issued to said county, and to be prorated and divided among said Boards of Education respectively, by said governing or fiscal authorities, in the proportion agreed upon by said boards in said concurrent application, and such gift, transfer, and assignment shall be conclusive and final. Upon the transfer, assignment, and delivery of said certificates to the said Boards of Education respectively, said Boards of Education respectively shall have the right, power and authority to sell, at the best price obtainable, said transferred and assigned certificates, or any part thereof, and shall use said certificates or the proceeds derived from said sale, first, for the payment or settlement of any outstanding indebtedness of said boards respectively, and the balance, if any, in the maintenance and operation of the public school or schools under the jurisdiction of said boards respectively; and in the event, in the opinion of said boards, respectively, no fair or advantageous sale of said certificates can be made, the said boards, respectively, shall have the right, power and authority to use said unsold certificates, or any part thereof, to secure the payment of any such outstanding indebtedness of said boards, respectively, and to hold the balance of said unsold certificates until such time as in the discretion of said Boards of Education respectively same may be advantageously used for the purpose of payment or settlement of any outstanding indebtedness against said Boards respectively, and the balance, if any, for the maintenance and operation of the public school or schools under the jurisdiction of said Boards of Education respectively. The remaining certificates issued to said county or counties, or the proceeds derived from the sale thereof, shall be used and applied as in said section and Act approved prior to this amendment. Act of 1933 amended. Exemption of county.

Page 912

Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. CREATING U. S. POST-ROADS DIVISION. No. 189. An Act to define U. S. Rural Post Roads; to provide for a new Division to be known and designated as U. S. Rural Post Roads Division of the State Highway Department of Georgia; to provide for the functions of said Division; to provide for a director of said Division; to provide for receiving funds available for said Division from the U. S. Government and any agency thereof and from the Treasury of the State of Georgia and from the several counties of the State and from the municipalities of the State, and from any other source to be used in the construction and maintenance of U. S. Rural Post Roads and Bridges thereon located in said State, and to provide for the construction and maintenance of Farm-to-Market Roads; to provide for method of receiving and disbursing such funds; to create a system of U. S. Rural Post Roads of the State of Georgia; to provide the method of determining the amount of U. S. Rural Post Roads mileage in each county of this State, and to provide for the distribution of the funds of this Division accordingly; to empower the State Highway Board of Georgia, in conjunction with the Federal Government, county or municipal authorities, to make changes, surveys, location and re-location of the U. S. Rural Post Roads; to empower the State Highway Board of Georgia to enter into contracts with the U. S. Govern-and municipal authorities and to empower proper county authorities and proper municipal authorities to likewise

Page 913

contract; to fix the duties of procuring the rights of way for such roads on the proper county authorities; to empower the State Highway Board to make reasonable rules and regulations; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That there is hereby created a Division of the State Highway Department of Georgia which Division shall be known and designated as U. S. Post Roads Division. Division created. Section 2. Be it further enacted by the authority aforesaid, That the Rural Post Roads Division of the State Highway Department hereby created shall be under the supervision and control of the State Highway Board for the handling of all construction and/or maintenance work financed all together, or in part, by either State and/or county and/or Federal and/or municipal funds; or when requested by the county for the handling of construction work financed entirely with county funds; and the State Highway Board is authorized to defray expenses as may be necessary to supervise and control such construction work and/or maintenance work subject to provision hereinafter set forth. Be it further enacted, That the Rural Post Roads Division as herein provided for shall have such supervision of maintenance and/or construction of Farm-to-Market Roads as the State Highway Board shall designate under such rules and regulations as the State Highway Board may prescribe of Farm-to-Market Roads in the State, in addition to Supervision of maintenance or construction of Rural Post Roads; such supervision of Farm-to-Market Roads shall be on such cooperative basis as the Board may prescribe in order to obtain Federal and/or State and/or county and/or municipal funds available for such Farm-to-Market Roads. Control and supervision. Expenses.

Page 914

Section 3. Be it further enacted by the authority aforesaid, That the State Highway Board shall name and designate a Director of the Division of Rural Post Roads of the State Highway Department of Georgia and that such Director shall have power and duties relative to the immediate supervision of this Division as being necessary and advisable by the State Highway Board of Georgia. Director. Section 4. Be it further enacted, That the Director of the Rural Post Roads Division, provided for herein, shall be an engineer experienced and trained in rural road construction and/or maintenance. Engineer. Section 5. Be it further enacted, That the Director of Rural Post Roads shall hold office at the pleasure of the State Highway Board. Tenure of office. Section 6. The term Rural Post Roads shall mean all roads and highways in the several counties of the State of Georgia over which U. S. mail is carried, not included in the present highway system. The term Farm-to-Market Roads in this Act shall mean all public roads and highways in the several counties of the State of Georgia, other than U. S. Post Roads and/or State-Aid Roads. Definitions. Section 7. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the State Highway Department of Georgia be and it is hereby constituted the proper receiving agency of any and all funds available from the Federal Government and/or the Treasurer of the State of Georgia and any other source by virtue of legal appropriation, allocation or otherwise for the purpose of this Act, and that the same restriction shall govern the expenditure of these funds as restricts and governs any funds coming under the direction of the State Highway Board of Georgia. The State Highway Board shall be empowered and directed to set up a special Rural Post Roads Fund account in the records of their accounting department, and shall keep separately in this account funds

Page 915

accruing from all sources, and separate account shall be made of receipts and disbursements. Likewise, all funds for Farm-to-Market Roads shall be separately kept and accounted for. State agency. Special Post Roads. Account of funds. Section 8. Be it further enacted, That all Rural Post Roads in the State of Georgia not already a part of the State-Aid System of Georgia be and the same are hereby made a part of the Rural Post Roads Division of the State Highway Department eligible for aid under the terms and conditions of this Act, Provided the Board is hereby empowered to make rules and regulations to be complied with by the several counties of this State as the condition precedent to such counties receiving the benefits of this Act. Roads included. Regulations. Section 9. Be it further enacted, That the proper county authorities of the several counties of the State having jurisdiction over the construction and maintenance of roads and bridges be and they are hereby required to file with the State Highway Board within a reasonable time to be prescribed by the State Highway Board, after the approval of this Act, a map of all Rural Post Roads in their respective counties, designating those roads which are already on the State-Aid System and those roads which are not. Maps by county authorities. Said map may be provided where the same can be obtained by the several rural mail carriers of each of the counties as being substantially correct. Where such approval cannot be obtained, it is the duty of the State Highway Board to satisfy themselves as to the correctness of said maps. Correctness of maps. Section 10. All funds available to the Division of Rural Post Roads through the State Highway Board for construction and/or maintenance of U. S. Rural Post Roads shall be apportioned among the several counties of the State according to the Rural Post Roads mileage in each of said counties not on the State-Aid System at the time of the

Page 916

approval of this Act, except that the funds herein provided for may be withheld pending the preparation of a program covering Federal funds to meet the approval of the U. S. Bureau of Public Roads and/or other Federal agencies. As new Rural Post Roads are created and established according to law, descriptions thereof shall be furnished the State Highway Board and the maps hereinbefore provided for shall be amended accordingly and additional mileage occasioned thereby added to the counties' quota where such roads are thus established subsequent to the passage of this Act. Provided, That funds so apportioned to any county may be set aside and allowed to accumulate to the credit of such county for not to exceed two years if in the opinion of the State Highway Board the annual apportionment to such counties is not sufficient to expend efficiently during any current year. Provided, The funds so accumulated to the credit of any county shall not be expended in any other county. Apportionment of funds. Amendment of descriptions. Proviso as to funds. Section 11. The State Highway Board is empowered with the same authority to re-locate Rural Post Roads as they are empowered to re-locate any roads on the State Highway System, subject to the approval of the proper Federal authorities. Relocation. Section 12. The State Highway Board is hereby empowered to contract with the counties for the construction of Rural Post Roads and bridges upon such terms as they are empowered to contract for the construction of any roads on the State Highway System. Contracts with counties. Section 13. Be it further enacted by the authority aforesaid, That all roads in the Rural Post Roads and all Farm-to-Market Roads hereinbefore provided for, shall be maintained by the counties, and maintenance provision to be provided in contract at the time the contract or agreement for the construction of said road is entered into with the State Highway Board, subject to such rules, regulations and

Page 917

requirements as the Federal Bureau of Roads and/or other Federal agencies may prescribe, it being definitely directed that in no event shall anything in this Act and/or in said contract be construed as to place upon the State Highway Board the duties of taking over any of the U. S. Post Roads and/or Farm-to-Market Roads for maintenance, nor shall it be construed to place upon the State Highway Board any of the burdens of taking over any of the said roads into the State-Aid Road System existing prior to this Act. County maintenance. Contracts. Regulations. Construction of contract and statute. Section 14. It is hereby made the duty of the authority having jurisdiction and control of the roads and bridges of the several counties in the State of Georgia to procure all rights of way necessary to the construction and/or maintenance of roads participated in by this Division of the State Highway Department at the expense of the counties, and no funds of the State Highway Department or of the Post Road Division thereof shall be expended in the procurement of such rights of way. Rights of way. Section 15. The county authorities of the several counties of this State having jurisdiction of the roads and bridges of such counties are hereby empowered to contract with the State Highway Board for construction of any U. S. Rural Post Roads and Bridges and/or any Farm-to-Market Roads or Bridges thereon in their respective counties, and are hereby empowered to use such funds in the county treasury for this purpose as is available for road purposes, including the 1-cent gasoline tax now allocated to the counties for road purposes. Contracts for roads. Section 16. Be it further enacted, That if any provisions of this Act are inconsistent with or contrary to any rules, regulations or requirements of the Federal Bureau of Roads and/or other Federal agencies, the State Highway Board is hereby authorized and empowered to waive such provisions of this Act in order to meet any such rule, regulation,

Page 918

or requirement, it being the purpose of this Act to enable the Board to comply with any rule, regulation or requirement of the Federal Government in order to cooperate with the Federal Government and all its agencies to procure all possible Federal aid and assistance for construction and/or maintenance of U. S. Rural Post Roads and/or Farm-to-Market Roads. Federal regulations prevail. Section 17. Be it further enacted by the authority aforesaid, That in the event any part of this Act is declared unconstitutional or void for any reason by any court of competent jurisdiction, such decision shall in no wise affect the remaining portions hereof. Constitutionality. Section 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 18, 1937. BALDWIN AND JONES TO BIBB COUNTY. No. 249. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite page 268 of the said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning at Milledgeville in Baldwin County, Georgia, and running thence through Baldwin County 10 miles to the Jones County line; and thence through Jones County approximately 12 miles to Bibb County, and thence through Bibb County approximately 5 miles to Macon in Bibb County, Georgia. The 5 miles in Bibb County being already paved, said road being known as the Old Garrison

Page 919

Road and being approximately twenty-seven 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 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. 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 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 General Assembly of Georgia of 1929, pages 260 to 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 a point in Milledgeville in Baldwin County, Georgia, and running thence through Baldwin County approximately 10 miles to the Jones County line; and thence through Jones County approximately 12 miles to the Bibb County line; and thence through Bibb County approximately 5 miles to Macon in Bibb County, Georgia, the 5 miles in Bibb County being already paved, said road being known as the Old Garrison Road and being approximately twenty-seven miles in length. Act of 1933 amended. Milledgeville to Macon. Section 2. Be it further enacted that by the addition of said road on said map and placing of said road on said map there shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the 1c gasoline tax

Page 920

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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Milledgeville in Baldwin County, through Jones County, to Macon in Bibb County, Georgia, as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. Status as State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. BANKS AND JACKSON COUNTIES AND GLASCOCK COUNTY. No. 432. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 and 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 as 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 at Byrd's store near Franklin and Banks County line, thence in a southwesterly direction in Banks County via. J. W. L. Lord's gin, thence via Isaac

Page 921

Chandler's place, thence via Craddick Gober's place, thence via Hoods Bridge to Jackson County to Commerce; said road being in the aggregate a distance of approximately nine 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 to add to said map several miles of road in Glascock County, Georgia, known as a part of the Louisville Road, beginning at Mitchell, Georgia, and extending eastward to the point of intersection with the Gibson and Edgehill Road; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point at Byrd's Store near Franklin and Banks County line, thence in a southwesterly direction in Banks County via J. W. J. Lord's gin, thence via Isaac Chandler's place, thence via Craddick Gober's place, thence via Hoods Bridge to Jackson County, thence in Jackson County to Commerce; said road being in the aggregate a distance of approximately 9 miles. Byrd's Store to Commerce. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance

Page 922

of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Byrd's Store near Franklin and Banks County line, thence in a southwesterly direction in Banks County via Hoods Bridge to Jackson County, thence in Jackson County to Commerce, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. Section 4. 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 General Assembly of Georgia of 1929, pages 260-268, together with the map opposite said 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 known as the Louisville Road beginning at Mitchell, Georgia, in said county, and extending eastward to the point of intersection with the Gibson and Edgehill Road, said road being in the aggregate a distance of approximately seven miles. That said road above referred to be placed on said map according to the terms and conditions as provided in Section 2 of this Act. Act of 1929 amended. Louisville road.

Page 923

Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. BERRIEN, COOK, COLQUITT AND TIFT COUNTIES. No. 298. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road starting at a point on the Nashville and Tifton Road in Lot of Land number one hundred and thirty-nine (139) in the ninth (9th) land district of Berrien County, Georgia, and running thence northwesterly through portions of Berrien and Cook Counties to Lenox, Georgia, in Cook County, Georgia, and thence northwesterly through portions of Cook, Colquitt, and Tift Counties to Omega in Tift County, Georgia; said road to be approximately seventeen (17) 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 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. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that certain Act of the Georgia Legislature known as the Traylor-Neill Bill together with the

Page 924

map attached thereto, as said bill appears in the Acts of the General Assembly of Georgia of 1929, pages 260 to 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 starting at a point on the Nashville and Tifton Road in Lot of Land number one hundred thirty-nine (139) in the ninth (9th) land district of Berrien County, Georgia, and running thence northwesterly through portions of Berrien and Cook Counties to Lenox, Georgia, in Cook County, Georgia, and thence northwesterly through portions of Cook, Colquitt, and Tift Counties to Omega in Tift County, Georgia, said road to be approximately seventeen (17) miles in length. Nashville and Tifton road to Omega. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation. Section 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 legally to designate the road described in Section 1 of this Act extending from a point on the Nashville and Tifton Road in Lot of Land number one hundred and thirty-nine (139) in the ninth (9th) land district of Berrien County, Georgia, through

Page 925

portions of Berrien, Cook, Colquitt, and Tift Counties to Omega in Tift County, Georgia, as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. BIBB, HOUSTON, AND PULASKI COUNTIES. 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 known as the Macon-Hawkinsville Public Road which will begin at a point in the County of Bibb at or near the City of Macon on State Road No. 11 and extending thence in a southerly direction along or near said Macon-Hawkinsville Road through Bibb, Houston, and Pulaski Counties to a point on State Road No. 11 at or near the City of Hawkinsville in said Pulaski 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.

Page 926

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that that certain Act 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 known as the Macon-Hawkinsville Public Road which will begin at a point in the County of Bibb at or near the City of Macon on State Road No. 11, and extending thence in a southerly direction along or near said Macon-Hawkinsville Road through Bibb, Houston, and Pulaski Counties to a point on State Road No. 11 at or near the City of Hawkinsville in said Pulaski County. Act of 1929 amended. Macon to Hawkinsville. Section 2. Be it further enacted by the authority aforesaid 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 entitled 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 thereby added on said map, unless and until said road if 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. Designation. Section 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 Macon-Hawkinsville Public Road which will begin at a point in the County of Bibb at or near the

Page 927

City of Macon on State Road No. 11, and extending thence in a southerly direction along or near said Macon-Hawkinsville Road through Bibb, Houston and Pulaski Counties to a point on State Road No. 11 at or near the City of Hawkinsville in said Pulaski 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. Authority. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 23, 1937. BLECKLEY AND WILKINSON COUNTIES BALL'S FERRY ROAD. No. 264. An Act to amend an Act entitled Highway Mileage as same appears in an Act of Georgia Legislature, page 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 of 1929 as the Traylor-Neill map, so as to add to said map a road from the residence of J. J. Horne in Bleckley County on State Route 87, to a point on State Route No. 19, at Allentown, Georgia, being a road of approximately sixteen miles, commonly known as the Ball's Ferry Road, 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

Page 928

as a State Aid road by the State Highway Board of Georgia; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. 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, page 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 commonly known as the Balls Ferry Road, beginning at the residence of J. J. Horne in Bleckley County, on State Route No. 87, and thence running for a distance of approximately sixteen miles to Allentown in Wilkinson County, at a point where said Balls Ferry Road intersects with State Highway No. 19. Balls Ferry road to Allentown. Section 2. 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 as set out in Section 1 hereof as a State Aid road, and if and when said road is designated by the State Highway Department of Georgia, said road shall not be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill Bill map. Purpose of this Act Section 3. That there shall be no obligation upon the State Highway Department of Georgia for the maintenance of said road or for an allocation of the gas tax until said road shall be by said Highway Board designated as a State Aid road. Designation. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937.

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BLECKLEY COUNTY ADDITION. No. 228. An Act to amend an Act entitled Highway Mileage as the same appears in Acts of Georgia Legislature, page 260-268, and including map opposite page 268, of the said Acts of 1929; said Act to be amended being known as the Traylor-Neill Bill and map aforesaid being designated as the Traylor-Neill Map, so as to add to said map a road in Bleckley County, and in the City of Cochran, being about one-half mile in length and running along Third Street in said city from the point of intersection of said street with Dykes Avenue southerly to the campus of the Middle Georgia College, and thence through said Campus to State Highway No. 87, 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted: Section 1. 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, page 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 in Bleckley County, and in the City of Cochran, being about one-half mile in length and running along Third Street in said city from the point of intersection of said Street with Dykes Avenue southerly to the campus of the Middle Georgia College, and thence through said campus to State Highway No. 87. Road in Cochran.

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Section 2. 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 as set out in Section 1 hereof as a State Aid road, and if and when said road is designated by the State Highway Department of Georgia, said road shall not be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill Bill Map. Designation. Section 3. That there shall be no obligation upon the State Highway Department of Georgia for the maintenance of said road or for an allocation of the gas tax until said road shall be by said Highway Board designated as a State Aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1937. BRYAN AND TATTNALL COUNTIES RODING TO GLENNVILLE. No. 212. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the General Assembly of Georgia of 1929, page 260-268, including the map opposite page 268 of said Acts, being known as the Neill-Traylor Bill and map aforesaid, being designated in said Acts of 1929, so as to add to said map a road beginning at a point known as Roding, on State Route No. 30, in Bryan County, Georgia, and following in a westerly direction via Taylor's Creek in Liberty County through the Northern part of Long County, and to intersection with State Route No. 23 at Glennville, in Tattnall County, so as to add the total mileage from Roding in Bryan County to Glennville, in Tattnall County, to the

Page 931

State mileage map aforesaid; 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 until said road is formally designated and certified into the system of State Highway road as now provided by law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Acts of the General Assembly known as the Neill-Traylor Bill, together with the map attached thereto, in Act of 1929, page 260-268, 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 running in a westerly direction, partly over the Hancock Road, via Taylor's Creek in Liberty County, through the Northern part of Long County, to Glennville, in Tattnall County, there to intersect with State Route No. 23, so as to connect the county seats of Bryan and Tattnall Counties. Roding to Glennville. Section 2. Be it further enacted by the addition of said road and the placing of said road on the map there arises no obligation on the State of Georgia, or the Highway Department of Georgia, to maintain said road until said road thus designated shall have been certified and placed on the State System, nor shall the said counties of Bryan, Liberty, Long or Tattnall receive gasoline tax allocations on account of said road until and unless the same has been certified as a State Aid road by the State Highway Board of Georgia as provided in the original Acts known as the Neill-Traylor Bill. Designation. Section 3. Be it further enacted and it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to designate and certify said road beginning at Roding, in Bryan County, on Route No.

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30, and ending at Glennville, in Tattnall County, on Route No. 23, as a State Aid Road in order to enable the several counties to receive gasoline mileage tax thereon, and that same may become a part of the State Aid System of Public Roads in Georgia, and that the same be placed on the original map known as the Neill-Traylor map. Part of State-aid system. Section 4. Be it further enacted that all laws and parts of laws in conflict with this bill be and the same are hereby repealed. Approved March 18, 1937. BURKE AND JEFFERSON COUNTIES. 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 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 one and one-half (1) miles southwest of Waynesboro, Burke County, Georgia, on State Route Number 24, and running from thence in a northwestern direction through Gough, Georgia, and from Gough, Georgia, to Wrens, Georgia, in Jefferson County, at the intersection of State Route Number 4 a total distance of approximately twenty (20) miles, so as to connect the said State Routes: Also, a road commencing near the Richmond County Line on State Route Number 4 in Richmond County, and running in a southern direction through Keysville, St. Clair, Gough, Vidette, Rosier and McGruder to a point in Midville, Burke County, Georgia, on State Route 56 being a

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total distance of approximately forty-eight (48) miles, so as to connect State Route Number 4 and State Route Number 56; to provide that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said roads or either of them are, or is formerly 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 one and one-half (1) miles southwest of Waynesboro, Burke County, Georgia, on State Route Number 24 and running from thence in a northwestern direction through Gough, Georgia, and from Gough, Georgia, to Wrens, Georgia, in Jefferson County at the intersection of State Route Number 4 a total distance of approximately twenty (20) miles, so as to connect the said State Routes; Also, a road commencing near Richmond County line on State Route Number 4 in Richmond County, and running in a southern direction through Keysville, St. Clair, Gough, Vidette, Rosier and McGruder to a point in Midville, Burke County, Georgia, on State Route Number 56 being a total distance of approximately forty-eight (48) miles, so as to connect State Route Number 4 and State Route Number 56; Provided, that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said roads

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or either of them are, or formally designated as a State Aid Road by the State Highway Board of Georgia, by appropriate action; and for other purposes. Richmond County to Midville. Section 2. Be it further enacted, That by the addition of said roads on said map and the placing of said roads 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 roads nor shall the addition of said roads to said map entitle the county or counties in which said road is located to receive its pro rata part of the one-cent gasoline tax allocated to said county as to said roads 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. Designation. Section 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 one and one-half (1) miles southwest of Waynesboro, Burke County, Georgia, on State Route Number 24 and running from thence in a northwestern direction through Gough, Georgia, and from Gough, Georgia, to Wrens, Georgia, in Jefferson County, at the intersection of State Route Number 4 a total distance of approximately twenty (20) miles, so as to connect the said State Routes; Authority. Also, a road commencing near Richmond County Line on State Route Number 4 in Richmond County and running in a southern direction through Keysville, St. Clair, Gough, Vidette, Rosier and McGruder to a point in Midville, Burke County, Georgia, on State Route Number 56, being a total distance of approximately forty-eight (48) miles, so as to connect State Route Number 4 and State Route Number

Page 935

56; Provided, that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Department of Georgia until said roads or either of them are, or is formally designated as a State Aid Road by the State Highway Board of Georgia, by appropriate action; and for other purposes, as a State Aid Road, and if and when said roads are or 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. Same road described. Designation. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1937. CATOOSA COUNTY ADDITION. 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 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 north end of Cleveland Street in the Town of Ringgold, Cattosa County, Georgia, and extending north through Pleasant Valley in said County, on what is known as the Ring-gold-Ooltewah Public Road, so as to connect with the Lee Highway at the Tennessee State Line; 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

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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 north end of Cleveland Street in the Town of Ringgold, Catoosa County, Georgia, and extending north through Pleasant Valley in said county, on what is known as the Ringgold-Ooltewah Public Road, so as to connect with the Lee Highway at the Tennessee State Line, same being the most direct route from Dixie Highway No. 3, Federal Route Number 41, in said Town of Ringgold to Knoxville, Tennessee, and points north. Ringgold to Tennessee line. Section 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 one-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. Designation. Section 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

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road, beginning at the incorporate line in the Town of Ringgold at the north end of Cleveland Street to the Tennessee State Line, a distance of five miles, as a State Aid Road; and if and when said road is so designated, the same 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. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 18, 1937. CATOOSA COUNTYCLOUD SPRINGS ROAD. No. 168. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating highway mileage by adding thereto the road known as Cloud Springs Road, said road commencing at State Highway Number 1 in the community of Midway located between Rossville and Fort Oglethorpe and proceeding in an easterly direction to State Highway Number 2, said road being approximately 5 miles in length and being located in Catoosa 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 there shall be added to the State Highway mileage the following described road to wit: The road known as Cloud Springs Road, said road commencing at State Highway Number 1 in the community of Midway located between Rossville and Fort Oglethorpe and proceeding in an easterly direction to State Highway Number 3, said road being approximately 5 miles in length and being located in Catoosa County. Midway to Highway 3.

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Section 2. Be it further enacted by the authority aforesaid, That the map showing the highway mileage between pages 268 and 269 of the Georgia Laws of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 of this Act. Map amended. Section 3. Be it further enacted by the authority aforesaid, That this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neil-Traylor Act. Certification. Section 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 15, 1937. CHARLTON COUNTY ADDITION. No. 248. An Act to amend an Act entitled Highway Mileage as same appears in Acts of the General Assembly, pages 260-268, and including map opposite page 268, of Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill, so as to add to said Act and map a certain road from Saint George, Charlton County, Georgia, to a point known as Stokes' Bridge in Charlton County, Georgia, approximately eight miles; 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 the Acts of the General Assembly known as the Traylor-Neill Bill together with a map attached

Page 939

thereto, as said bill appears in the Acts of the General Assembly 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 Saint George, in Charlton County, Georgia, to Stokes Bridge, in Charlton County, Georgia, a distance of approximately eight miles, which terminates at the Florida State Line. St. George to Stokes Bridge. Section 2. The addition of said map and the placing of said road on said map creates no obligation that the State Highway Department of Georgia shall be responsible for maintenance on said road, nor shall the addition of said road to certain 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 said road hereby added to 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 the map showing said road thereon be filed with the Secretary of State as provided by law. Designation. Section 3. It is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate the road described in this Act as a State Aid Road, and if and when said roads are so designated by the State Highway Department, said roads shall not be considered as part of the five hundred miles allowed in addition to the mileage shown on the said map as provided in the Traylor-Neill Bill. Authority. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937.

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CHATHAM, EFFINGHAM, SCREVEN, AND JENKINS COUNTIES. No. 208. 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 Effingham County, Georgia, approximately seventeen miles from Savannah, Chatham County, Georgia, on State Highway Number 26, Federal Highway Number 80, where the road to Guyton, Effingham County, Georgia, forks off from the said highway, and thence along the old Louisville Road to Marlow, Effingham County, Georgia, thence paralleling the Central of Georgia Railway through the town of Guyton, Effingham County, Georgia, thence to Oliver, Screven County, Georgia, thence along the said old Louisville Road through said Screven County to the Jenkins County Line, thence along said old Louisville Road to Millen, Jenkins County, Georgia, and being a distance of approximately sixty-two (62) 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 the 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

Page 941

with the map opposite page 268 of said Acts of 1929, be and the same hereby is amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, a road, a distance of approximately 62 miles. Act of 1929 amended. Section 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 one-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. Designation before obligation. Section 3. Be it further enacted by the authority aforesaid, 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 beginning at a point in Effingham County, Georgia, approximately seventeen miles from Savannah, Chatham County, Georgia, on State Highway Number 26, Federal Highway Number 80, where the road to Guyton, Effingham County, Georgia, forks off from the said highway, and thence along the old Louisville Road to Marlow, Effingham County, Georgia, thence paralleling the Central of Georgia Railway through the Town of Guyton, Effingham County, Georgia, thence to Oliver, Screven County, Georgia, thence along the said old Louisville Road through said Screven County, Georgia, to the Jenkins County Line, thence along said old Louisville Road to Millen, Jenkins County, Georgia, and being a distance of approximately sixty-two (62) miles, as a State Aid

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Road; and if and when said road is so designated by said Highway Department of the State 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. Description of route. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1937. CHATHAM, EFFINGHAM, SCREVEN, AND JENKINS COUNTIES. No. 388. 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 Effingham County, Georgia, approximately seventeen miles from Savannah, Chatham County, Georgia, on State Highway Number 26, Federal Highway Number 80, where the road to Guyton, Effingham County, Georgia, forks off from the said highway, and thence along the old Louisville Road to Marlow, Effingham County, Georgia, thence paralleling the Central of Georgia Railway through the town of Guyton, Effingham County, Georgia, thence to Oliver, Screven County, Georgia, thence along the said old Louisville Road through said Screven County to the Jenkins County Line, thence along said old Louisville Road to Millen, Jenkins County, Georgia, and being a distance of approximately sixty-two (62) miles; to provide that the addition of said road on

Page 943

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 the 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, a road, a distance of approximately 62 miles. Act of 1929 amended. Section 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 one-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. Designation before obligation. Section 3. Be it further enacted by the authority aforesaid, 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 beginning at a point in Effingham County, Georgia, approximately seventeen

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miles from Savannah, Chatham County, Georgia, on State Highway Number 26, Federal Highway Number 80, where the road to Guyton, Effingham County, Georgia, forks off from the said highway, and thence along the old Louisville Road to Marlow, Effingham County, Georgia, thence paralleling the Central of Georgia Railway through the Town of Guyton, Effingham County, Georgia, thence to Oliver, Screven County, Georgia, thence along the said old Louisville Road through said Screven County, Georgia, to the Jenkins County Line, thence along said old Louisville Road to Millen, Jenkins County, Georgia, and being a distance of approximately sixty-two (62) miles, as a State Aid Road; and if and when said road is so designated by said Highway Department of the State 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. Description of route. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1937. CHATTOOGA AND FLOYD COUNTIES. No. 203. An Act to amend an Act approved August 20, 1929, (Acts 1929, pages 260-268, inclusive) designating Highway Mileage by adding to the System of State Aid Roads of Georgia the following road to wit: From State Route Number 48 at Summerville and proceeding in a southwesterly direction through the communities of Boling and Holland in Chattooga County and into Floyd County, then intersecting State Route Number 20 at Brown's Store, said road being approximately 18.2 miles in length, approximately 16.2 miles being located in Chattooga County, and 2 miles being located in Floyd County; and for other purposes.

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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 there shall be added to and made a part of the State Aid System of Highways of the State of Georgia the following described road to wit: From State Route No. 48 at Summerville and proceeding in a southwesterly direction through the communities of Boling and Holland in Chattooga County and into Floyd County, then intersecting State Route No. 20 at Brown's Store, said road being approximately 18.2 miles in length, approximately 16.2 miles being located in Chattooga County and 2 miles being located in Floyd County. Summerville to Brown's Store. Section 2. Be it further enacted by the authority aforesaid that the map showing the Highway Mileage between pages 268-269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid that this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Aid System of Highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929, known as the Neal Traylor Act. Certification. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937.

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CHATTOOGA AND WALKER COUNTIES. No. 200. An Act to amend an Act approved August 20, 1929, (Acts 1929, pages 260-268, inclusive) designating Highway Mileage by adding to the System of State Aid Roads of Georgia the following road to wit: From State Route Number 1 at Gore, Chattooga County, and proceeding in a northwesterly direction through Subligna and into Walker County, then intersecting State Route Number 2 in West Armuchee Valley, said road being approximately 17.2 miles in length, approximately 11.2 being located in Chattooga County, and approximately 6 miles being located in Walker 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 there shall be added to and made a part of the State Aid System of Highways of the State of Georgia the following described road to wit: From State Route No. 1 at Gore, Chattooga County and proceeding in a northwesterly direction through Subligna and into Walker County, then intersecting State Route No. 2 in West Armuchee Valley, said road being approximately 17.2 miles in length, approximately 11.2 being located in Chattooga County, and approximately 6 miles being located in Walker County. Gore to State Route 2. Section 2. Be it further enacted by the authority aforesaid that the map showing the Highway Mileage between pages 268-269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid that this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Aid System of Highways until so certified by the State Highway Board

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of Georgia as provided in said Acts of 1929, known as the Neal Traylor Act. Certification. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. CLINCH AND CHARLTON COUNTIES. No. 483. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive, designating Highway Mileage) by adding to the System of State Aid Roads of Georgia the following road to wit: Commencing on State Route Number 89 about four miles south of Fargo in Clinch County at the point on said road where the same curves sharply in a southwestern direction, and proceeding thence approximately eight miles in a southeastern direction to the Florida State Line south of the Okefenokee Swamp at Morehead, this part of said road being located in Clinch County; thence commencing at Moniac on the Florida State line and proceeding across the southeastern neck of Charlton County in a southeastern direction approximately twelve miles to the Florida State Line at St. George, this part of said road being located in Charlton County, the purpose of this Act being to authorize the State Highway Board to cooperate with the proper Highway officials of the State of Florida in the construction of a highway from Fargo, Georgia, to Jacksonville, Florida, and for other 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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there shall be added to and made a part of the State Aid System of Highways of the State of Georgia the following described road to wit: Commencing on State Route Number 89 about four miles south of Fargo in Clinch County at the point on said road where the same curves sharply in a southwestern direction, and proceeding thence approximately fourteen miles in southeastern direction to the Florida State line south of the Okefenokee Swamp at Morehead, this part of said road being located in Clinch County; thence commencing at Moniac on the Florida line and proceeding across the southeastern neck of Charlton County in a southeastern direction approximately fourteen miles to the Florida State Line at St. George, this part of said road being located in Charlton County, the purpose of this Act being to authorize the State Highway Board to cooperate with the proper Highway officials of the State of Florida in the construction of a highway from Fargo, Georgia, to Jacksonville, Florida. From State Route 89 to St. George on Florida line. Section 2. Be it further enacted by the authority aforesaid, That the map showing the Highway Mileage between pages 268 and 269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1, hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid, That this Act shall not have the effect of certifying the road described in Section 1 hereof into State Aid System of Highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certification. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937.

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COBB AND FULTON COUNTIES. No. 165. 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 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 Vinings Underpass on the Marietta-Atlanta Highway, being State Aid Road Number 3 (west) and running in a southeastwardly direction to a point at or near Howell Mill Road in Fulton County, a distance of approximately 3 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 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 Vinings Underpass on the Marietta-Atlanta Highway, being State Aid Road No. 2 (west) and running in a southeastwardly direction to a point at or near Howell Mill Road in Fulton County, a distance of approximately 3 miles. Act of 1929 amended. Section 2. Be it further enacted, That by the addition of said road on said map and the placing of said road on said

Page 950

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 of the one-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. Section 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 Vinings Underpass on the Marietta-Atlanta Highway, being State Aid Road Number 3 (west) and running in a southeastwardly direction to a point at or near Howell Mill Road in Fulton County, a distance of approximately 3 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. Vinings underpass to Howell Mill Road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1937. COFFEE AND ATKINSON COUNTIES. No. 209 An Act to amend an Act approved August 20, 1929, (Acts 1929, pages 260 to 268, inclusive) designating Highway

Page 951

Mileage by adding to the System of State Aid Roads of Georgia the following road to wit: The road known as the Willacoochee-Jacksonville Ferry Road, commencing in the northern part of Coffee County at the intersection of State Routes Numbers 31 and 107 and proceeding in a southerly direction through the village of Ambrose in Coffee County and continuing southward to Willacoochee in Atkinson County, there intersecting with State Route Number 50, said road being approximately 30 miles in length, 25 miles of which is located in Coffee County and 5 miles of which is located in Atkinson 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 there shall be added to and made a part of the State Aid System of Highways of the State of Georgia, the following described road to wit: The road known as the Willacoochee-Jacksonville Ferry Road, commencing in the northern part of Coffee County at the intersection of State Routes Number 31 and 107 and proceeding in a southerly direction through the village of Ambrose in Coffee County and continuing southward to Willacoochee in Atkinson County, there intersecting with State Route Number 50, said road being approximately 30 miles in length, 25 miles of which is located in Coffee County and 5 miles of which is located in Atkinson County. Willacoochee to Jacksonville Ferry Road. Section 2. Be it further enacted by the authority aforesaid, That the map showing the Highway Mileage between pages 268 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid that this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Aid System

Page 952

of Highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certification. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. COFFEE AND BERRIEN COUNTIES. No. 250. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning at Douglas in Coffee County, Georgia, and running thence to and through Willacoochee and thence to Nashville in Berrien County, connecting Douglas, the county seat of Coffee County, with Nashville, the county seat of Berrien County, being approximately thirty-four 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 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General

Page 953

Assembly of Georgia of 1929, pages 260 to 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 Douglas in Coffee County, Georgia, and running thence to and through Willacoochee and thence to Nashville in Berrien County, connecting Douglas, the county seat of Coffee County, with Nashville, the county seat of Berrien County, being approximately thirty-four miles in length. Douglas to Nashville. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any mainteance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the one-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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Douglas in Coffee County, Georgia, through Willacoochee to Nashville in Berrien County, Georgia, as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. Designation.

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Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. COLQUITT, THOMAS, AND BROOKS COUNTIES. No. 213. 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 of 1929 as the Traylor-Neill map, so as to add to said map a road from Moultrie, Colquitt County, to Autreyville in said county, and thence to the town of Pavo, in Thomas County, thence to the Town of Barwick in Brooks County, thence to the Town of Boston in Thomas County, thence to the Florida Line through the town of Aucilla; to add the road in Brooks County, Georgia, from Pavo to Quitman; 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-Neil 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,

Page 955

that certain road leading from Moultrie, Colquitt County, to Autreyville in said county, and thence to the Town of Pavo, in Thomas County, thence to the Town of Barwick in Brooks County, thence to the town of Boston in Thomas County, thence to the Florida Line through the town of Aucilla. Moultrie to Florida line. Section 2. There is also added to said Neill-Traylor map the road from Pavo, in Brooks County, Georgia, to Quitman, in Brooks County, Georgia. Section 3. 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 the Secretary of State as provided. Designation before obligation. Section 4. 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 Moultrie, Colquitt County, to Autreyville in said county; and thence to the town of Pavo in Thomas County; thence to the Town of Barwick in Brooks County; thence to the Town of Boston in Thomas County; thence to the Florida line through the Town of Aucilla 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. Designation.

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Section 5. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1937. COLUMBIA, McDUFFIE AND RICHMOND COUNTIES. No. 475. An Act to increase the State Aid System of Public Roads or Highways by the addition thereto of a road to be known as Old Columbia Road beginning one-half mile south of Appling in Columbia County on Route Number 47 and running east approximately fifteen miles to and connecting with State Route Number 104 in Columbia County, Georgia; and by the addition of a certain road known as the Harlem Avondale Road, by extending Route Number 47 from the point where State Route Number 47 connects with State Route Number 12 and running thence in a southerly direction to connect with State Route Number 4 at Boggy Gut Creek, the distance of said road being approximately nine and one-half miles, three miles of which is in Columbia County, four miles of which is in McDuffie County and two and one-half miles of which is in Richmond 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 to be known as Old Columbia Road, beginning one-half mile south of Appling, in Columbia County, on Route No. 47, and running east approximately 15 miles to and connecting with State Route

Page 957

No. 104 in Columbia County, Georgia; and by the addition of a certain road known as the Harlem Avondale Road by extending Route No. 47 from the point where State Route No. 47 connects with State Route No. 12 and running thence in a southerly direction to connect with State Route No. 4 at Boggy Gut Creek, the distance of said Road being approximately nine and one-half miles, three miles of which is in Columbia County, four miles of which is in McDuffie County, and two and one-half miles of which is in Richmond County. Old Columbia Road. Harlem Avondale Road. Section 2. Be it further enacted by the authority aforesaid, That the maps showing the highway mileage between pages 268 and 269 in said Acts of 1929 be, and the same is, hereby amended so as to show on said maps the roads described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted, That by the addition of said roads on said map and the placing of said roads 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 roads nor shall the addition of said roads to said map entitle the county or counties in which said roads are located to receive its pro rata part of the 1-cent gasoline tax allocated to said county or counties as to said roads hereby added on said map, unless and until said roads are formally designated as State Aid Roads by the State Highway Department of Georgia by appropriate action as now provided by law and maps showing said roads thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 30, 1937.

Page 958

DECATUR COUNTYATTAPULGUS, GA., QUINCY, FLA. No. 469. 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 Attapulgus, Georgia-Qunicy, Florida, public road which runs from Attapulgus, Georgia, in Decatur County, via Laing Cat, Georgia, in Decatur County, to the Florida State line, which will intersect State-Aid Road No. 1, at Attapulgus, Georgia, and extend thence in a southwesterly direction through Laing Cat, Georgia, to the Florida State line and paved road, and be about five miles in length; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That that certain Act 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 the said map as fully and completely as though originally drawn on said map, that certain road known as the Attapulgus, Georgia-Quincy, Florida, public road, which will intersect Georgia State-Aid Road No. 1 at Attapulgus, Georgia, in Decatur County, and extend thence in a south-westerly direction through Laing Cat, Georgia, to the Florida State line and paved road, and being about five miles in length. Attapulgus to Florida line.

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Section 2. Be it further enacted, That the said bill shall not have the effect of certifying said proposed road in the now State-Aid System of Georgia until so certified by the State Highway Board of Georgia, as provided in said Act in 1929. Section 3. That all laws and parts of laws in conflict with this Act is hereby repealed. Approved March 30, 1937. DECATUR COUNTYBAINBRIDGE-FOWLSTOWN, TALLAHASSEE. No. 470. An Act to amend an Act entitled, Highway Mileage, as same appears in the Acts of the Georgia Legislature of 1929, pages 260-268, 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 known as the Bainbridge-Fowlstown, Tallahassee Public Road, which runs from Bainbridge, Georgia, in Decatur County, via Fowlstown, Georgia, and on by J. M. Taylor's store in a southeasterly direction to the Florida State Line, and being about 20 miles in length; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That that certain Act 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 the said map as fully and completely as

Page 960

though originally drawn on said map, that certain road known as the Bainbridge-Fowlstown, Tallahassee Public Road, which runs from Bainbridge, Georgia, in Decatur County, via Fowlstown, Georgia, and on by J. M. Taylor's store in a southeasterly direction to the Florida State line, and being about twenty miles in length. Bainbridge-Fowlstown-Tallahassee Road. Section 2. Be it further enacted, That the said bill shall not have the effect of certifying said proposed road in the now State-Aid System of Georgia until so certified by the State Highway Board of Georgia, as provided in said Act in 1929. Certification. Section 3. That all laws and parts of laws in conflict with this Act is hereby repealed. Approved March 30, 1937. EARLY AND SEMINOLE COUNTIES. No. 210. An Act to amend an Act entitled, Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 and 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, as aforesaid, being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning in Blakely, the county seat of Early County, Georgia, and running thence in a southerly direction through Lucille in Early County, thence directly to Donalsonville, Seminole County, Georgia, so as to intersect State Route No. 38 at Donalsonville, the county seat of Seminole County, Georgia, and being approximately 22 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

Page 961

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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 in Blakely, the county seat of Early County, Georgia, and running thence in a southerly direction through Lucille in Early County, thence directly to Donalsonville, Seminole County, Georgia, so as to intersect State Route No. 38 at Donalsonville, the county seat of Seminole County, Georgia, and being approximately 22 miles in length. Act of 1929 amended. Blakely to Donalsonville. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 3. Be it further enacted, That it is the purpose of this Act to give to the State Highway Department of

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Georgia the right and authority to designate the road described in Section 1 of this Act, extending from Blakely, the county seat of Early County, Georgia, and running thence in a southerly direction through Lucille in Early County, thence directly to Donalsonville, Seminole County, Georgia, so as to intersect State Route No. 38 at Donalsonville, the county seat of Seminole County, Georgia, and being approximately 22 miles in length, as a State-aid road, and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved March 18, 1937. ELBERTON TO SAVANNAH RIVER. No. 389. An Act to amend an Act entitled, Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 and 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning at the junction of State Highway No. 36 in the City of Elberton, Elbert County, and running in a northeasterly direction approximately 12 miles through Elbert County to Sanders Ferry Bridge across the Savannah River; 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 Stateaid

Page 963

road by the State Highway Board of Georgia by appropriate action; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 the junction of State Highway No. 36 in the City of Elberton, Elbert County, and running in a northeasterly direction approximately 12 miles through Elbert County to Sanders Ferry bridge across the Savannah River. Act of 1929 amended. Elberton to Sanders Ferry bridge. Section 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 shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map entitle said county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act, extending from the junction of State Highway No. 36 in the City of Elberton,

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Elbert County, Georgia, thence to Sanders Ferry bridge across the Savannah River, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 29, 1937. EMANUEL COUNTY ADDITION. No. 413. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, page 260-268, including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill and map opposite being designated in said Acts of 1929 as Traylor-Neill Map, so as to add to said map a road in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State-Aid Road No. 23, said road being a distance of approximately 15 miles; to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance by the said 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that:

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Section 1. 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 in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State-Aid Road No. 23, said road being a distance of approximately 15 miles, all of said road being located in Emanuel County, Georgia. Act of 1929 amended. Midway Camp to Graymont-Summit. Section 2. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road nor shall the addition of said road to said map entitle the County of Emanuel to receive its pro rata part of the gasoline tax allocated to said county, unless and until the 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 the map showing the said road thereon be filed with the Secretary of State as provided. Designation before maintenance. Section 3. 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 in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State-Aid Road No. 23, said road being a distance of approximately 15 miles, as a State-aid road, and if and when

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said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. EMANUEL COUNTY ADDITION. No. 435. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map that particular road in Emanuel County, Georgia, which leaves the Swainsboro-Midville Road at a point approximately one-fourth of a mile South of the Midville-Ogeechee Bridge and thence following the old road from said point in a southeasterly direction passing through Canoochee, a total distance of approximately 15 miles and intersecting the Woodpecker Route at Summit, Georgia, at a point between the B. L. Rountree Store and the Fulford Filling Station; 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. 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 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 General Assembly of Georgia of 1929, pages 260 to 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 in Emanuel County, Georgia, which leaves the Swainsboro-Midville Road at a point approximately one-fourth of a mile south of the Midville-Ogeechee Bridge and thence following the old road from said point in a southeasterly direction passing through Canoochee, a total distance of approximately 15 miles and intersecting the Woodpecker Route at Summit, Georgia, at a point between the B. E. Rountree Store and the Fulford Filling Station. Act of 1929 amended. Midville-Ogeechee bridge to Summit. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from a point on the Swainsboro-Midville Road at a point approximately one-fourth of a mile south of the Midville-Ogeechee

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Bridge to intersect with the Woodpecker Route at Summit, Georgia, as aforesaid, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. EVANS AND LIBERTY COUNTIES ADDITION. No. 188. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the General Assembly of Georgia of 1929, pages 260-268, including the [Illegible Text] opposite page 268 of said Act, being known as the Neill-Traylor Bill and map aforesaid, being designated in said Act of 1929, so as to add to said map a road beginning at a point in the City of Claxton in Evans County, Georgia, and following a southeasterly direction via Bull Creek Church, Antioch Church, and Salem Church in Evans County, and through the western part of the county of Liberty to Willie, in Liberty County, and to intersect with State Route No. 67 at Willie, in Liberty County, so as to add the total mileage from the point in the City of Claxton in Evans County to Willie in Liberty County, Georgia, to the State mileage map aforesaid; 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 until said road is formally designated and certified into the system of State highway roads as now provided by law; 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 the authority of the same, That the Acts of the General Assembly known as the Neill-Traylor Bill, together with the map attached thereto, in Acts of 1929, pages 260-268, 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 Claxton in Evans County, Georgia, and running in a south-easterly direction via Bull Creek Church, Antioch Church and Salem Church in Evans County, and through the western part of Liberty County, to Willie in Liberty County, there to intersect with State Highway No. 67, so as to connect the county seats of Evans and Liberty Counties. Act of 1929 amended. Claxton to Willie. Section 2. Be it further enacted by the addition of said road and the placing of said road on the map there arises no obligation on the State of Georgia, or the Highway Department of Georgia, to maintain said road until said road thus designated shall have been certified and placed on the State-Aid System, nor shall the said counties of Evans and Liberty receive gasoline tax allocation on account of said road until and unless the same has been certified as a State-aid road by the State Highway Board of Georgia as provided in the original Act known as the Neill-Traylor Bill. Certification. Section 3. Be it further enacted and it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to designate and certify said road beginning at a point in the City of Claxton in Evans County and ending at Willie in Liberty County, on State Route No. 67, as a State-aid road in order to enable the counties of Evans and Liberty to receive gasoline mileage tax thereon, and that same may become a part of the State-Aid System of public roads in Georgia, and that the same be placed on the original map known as the Neill-Traylor Map. State-aid road.

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Section 4. Be it further enacted that all laws and parts of laws in conflict with this bill be and the same are hereby repealed. Approved March 18, 1937. FRANKLIN AND HART COUNTIES. No. 297. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite pages 268 of said Acts of 1929, said Act hereby amended being known as the Traylor-Neill Bill, and map as 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 Lavonia, Franklin County, Georgia, to a point at State Route No. 51 approximately two miles in a northerly direction from Hartwell, Hart County, Georgia, where the present Lavonia to Hartwell Road, via Crossroads Baptist Church, now intersects with said State Route No. 51, said road to be added being approximately 9 miles in Hart County, and 1 miles in Franklin 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

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the Georgia Legislature of 1929, pages 260 to 268, together with 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 or near the intersection of State Route No. 17 with Grogan Street in the City of Lavonia, Franklin County, Georgia, and running thence in a southeasterly direction via said Grogan Street, Vickery Street, the Lavonia-Hartwell Road, and Crossroads Baptist Church, a distance of approximately 11 miles, of which approximately 1 miles is in Franklin County, Georgia, and approximately 9 miles is in Hart County, Georgia, to a point on the Bowersville-Hartwell State-Aid Road No. 51, approximately two miles in a northerly direction from Hartwell, Hart County, Georgia. Act of 1929 amended. Lavonia to Bowersville. Section 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 of 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. Designation before obligation. Section 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 the intersection of State Route No. 17 with Grogan Street in the City of Lavonia, Franklin County, Georgia, and running thence in a southeasterly

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direction via said Grogan Street, Vickery Street, the Lavonia-Hartwell Road, and Crossroads Baptist Church, a distance of approximately 11 miles, of which approximately 1 miles is in Franklin County, Georgia, and approximately 9 miles is in Hart County, Georgia, to a point on the Bowersville-Hartwell State-Aid Road No. 51, approximately two miles in a northerly direction from Hartwell, Hart 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. FRANKLIN COUNTY ADDITION. No. 204. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) designating highway mileage by adding to the system of State-aid roads of Georgia the following road, to wit: A road beginning at the Banks County line, at Erastus, traversing a road in a northeastern direction, crossing McEntyr's Bridge by W. C. Varner's, by Sparks' Store, by C. E. Little's, by Crows Store, and by Middle River Church to the Tom Burrough's place on Carnesville Road, all in Franklin County, approximately seven miles; and for other purposes, in accordance with the Neill-Traylor Act. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That from and after the passage of this Act there shall be added to and made a part of the State-Aid System of Highways of the State of Georgia, the following described road, to wit: A road beginning at the Banks County line, at Erastus, traversing a road in a northeastern direction, crossing McEntyr's Bridge by W. C. Varner's by Sparks' Store, by C. E. Little's, by Crows Store, and by Middle River Church to Tom Burroughs place on Carnesville Road, all in Franklin County, approximately seven miles; and for other purposes. In accordance with the Neill-Traylor Act. Erastus to Burroughs place. Section 2. Be it further enacted by the authority aforesaid, That the map showing the highway mileage between pages 268 and 269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof, in accordance with the Neill-Traylor Act. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid, That this Act shall not have the effect of certifying the road described in Section 1 hereof, into the State-Aid System of highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. FRANKLIN COUNTY ADDITION. No. 217. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive), designating highway mileage by adding to the System of State-Aid Roads

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of Georgia the following road, to wit: A road beginning at Mize, Georgia, in Franklin County, and traversing the road in a southern direction by the homes of Henry Hemphill, Baxter Williams, J. H. Banister, Jere Cole, John Taylor, Charlie Taylor, W. R. Gaines, Marvin Percell, S. B. Kessler, D. B. Percell, J. W. Verner, O. P. Martin, W. T. Martin, Arthur Thomas and Roy Patterson and others to Means' Store and then in the same direction by Victor Moore's and others to Plain View in Franklin County, approximately seven 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 the authority of the same, That from and after the passage of this Act there shall be added to and made a part of the State-Aid System of Highways of the State of Georgia, the following described road, to wit: A road beginning at Mize, Georgia, in Franklin County, and traversing the road in a southern direction by the homes of Henry Hemphill, Baxter Williams, J. H. Banister, Jere Cole, John Taylor, Charlie Taylor, W. R. Gaines, Marvin Percell, S. B. Kessler, D. B. Percell, J. W. Verner, O. P. Martin, W. T. Martin, Arthur Thomas and Roy Patterson and others to Means' Store and then in the same direction by Victor Moore's and others to Plain View in Franklin County, approximately seven miles; and for other purposes. Mize to Plain View. Section 2. Be it further enacted by the authority aforesaid, That the map showing the highway mileage between pages 268 and 269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid, That this Act shall not have the effect of certifying the road described in Section 1 hereof, into the State-Aid

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System of Highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certification. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. FRANKLIN COUNTY ADDITION. No. 233. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Neill-Traylor Bill, and map as aforesaid being designated in said Acts of 1929 as the Neill-Traylor Map, so as to add to said map a road leading from a point on State Route No. 59 at O. D. Cannon's place, about 2 miles northeast from Carnesville in Franklin County and then traversing a road running in a northwest direction by the homes of G. A. Brown, T. D. Brown, Parker Weldon, Dillard Jordan, Ed Akins, J. W. South to Parkham's Store, thence in a northern direction traversing a road leading by the homes of Jim Miller, John Stephenson, Walter Miller, D. C. Akins, crossing Whiten's Bridge, then by the homes of Charlie Waycaster and Tom Matthews to the Stephens County line, a distance of approximately eight miles in Franklin 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

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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 to 268, together with 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 orginally drawn on said map, that certain road beginning on State Route No. 59 at O. D. Cannon's place, about 2 miles northeast from Carnesville in Franklin County and then traversing a road running in a northwest direction by the homes of G. A. Brown, T. D. Brown, Parker Weldon, Dillard Jordan, Ed Akins, J. W. South to Parkham's Store, thence in a northern direction traversing a road leading by the homes of Jim Miller, John Stephenson, Walter Miller, D. C. Akins, crossing Whiten's Bridge, then by the homes of Charlie Waycaster and Tom Matthews to the Stephens County line, a distance of approximately eight miles in Franklin County. Act of 1929 amended. Cannon's place to Stephens County line. Section 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 of said road or 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

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and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 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 on State Route No. 59 at O. D. Cannon's place about 2 miles northeast from Carnesville in Franklin County and then traversing a road running in a northwest direction by the homes of G. A. Brown, T. D. Brown, Parker Weldon, Dillard Jordan, Ed Akins, J. W. South, to Parkham's Store, thence in a northern direction traversing a road leading by the home of Jim Miller, John Stephenson, Walter Miller, D. C. Akins, crossing Whiten's Bridge, then by the homes of Charlie Waycaster and Tom Matthews to the Stephens County line, a distance of about eight miles in Franklin 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1937. FRANKLIN COUNTY ADDITION. No. 291. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 and 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Neill-Traylor Bill, and map as aforesaid being designated in said Acts of

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1929 as the Neill-Traylor Map, so as to add to said map a road leading from a point at a highway in Franklin County, beginning in the western portion of Carnesville on State Highway No. 59 at a public road, traversing the public road in a direction a little north of west by Buford Ginn, John Goolsby, Cash's Store, Dogwood School, J. M. Crawford's Store, Flat Rock School to a point on the public road at Mize in Stephens County, a distance of approximately 10 miles; and then in a southeasterly direction by the stores of Jim Smith, Oscar Kelley, Red Hill School and near South's Store and by J. C. Milford's Store and by John Brown's residence and by Harrison's Store to a point on Highway No. 59 at the Sanders tree, a distance of about eight 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 Neill-Traylor Bill, together with the map attached thereto, as said Bill appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, together with 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 western portion of Carnesville on State Highway No. 59 at a public road traversing the present public road in a direction a little north of west by Buford Ginn's, John Goolsby, Cash's Store, Dogwood School, J. M. Crawford's Store, Flat Rock School to a point on the public road at Mize in Stephens County, a distance of approximately 10

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miles, and then in a southeasterly direction by the stores of Jim Smith, Oscar Kelley, Red Hill School and near South's Store and by J. C. Milford's Store and by John Broom's residence and by Harrison's Store to a point on Highway No. 59 at the Sanders tree about eight miles; the total added road mileage being approximately 18 miles. Act of 1929 amended. Carnesville to Sanders tree. Section 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 of 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. Designation before obligation. Section 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 and in the western portion of Carnesville on State Highway No. 59 at a public road traversing the present public road in a direction a little north of west by Buford Ginn's, John Goolsby, Cash's Store, Dogwood School, J. M. Crawford's Store, Flat Rock School to a point on the public road at Mize in Stephens County, a distance of approximately 10 miles, and then in a southeasterly direction by the stores of Jim Smith, Oscar Kelley, Red Hill School and near South's Store and J. C. Milford's Store and by John Broom's residence and by Harrison's Store to a point on Highway No. 59 at the Sanders tree about eight miles; the total added road mileage being

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approximately 18 miles; 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. FRANKLIN COUNTY ADDITION. No. 294. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 268, and including the map opposite page 268 of said Acts of 1929, said Act hereby amended being known as the Neill-Traylor Bill, and map as aforesaid being designated in said Acts of 1929 as the Neill-Traylor Map, so as to add to said map a road leading from a point at Bond's Store and Gin, in Franklin County, Georgia, and running in an easterly direction traversing the road leading by W. J. Bryson's, by Middle River School, by Crow's Store and by Sandy Cross School to a point on the Royston and Carnesville Road at North Broad River a distance of approximately eight 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 Neill-Traylor Bill, together with the map attached thereto, as said Bill appears in the Acts of the Georgia Legislature of 1929, pages 260 and 268, together with 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 Bond's Store and Gin, in Franklin County, Georgia, and running in an easterly direction traversing the road leading by W. J. Bryson's, by Middle River School, by Crow's Store and by Sandy Cross School to a point on the Royston and Carnesville Road at North Broad River a distance of approximately eight miles. Act of 1929 amended. Bond's Store to North Broad River. Section 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 of 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 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. Designation before obligation. Section 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 Bond's Store and Gin, in Franklin County, Georgia, and running in an easterly direction traversing the road leading by W. J. Bryson's, by Middle River School, by Crow's Store and by Sandy Cross School to a point on the Royston and Carnesville Road at North

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Broad River a distance of approximately eight 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Neill-Traylor Bill. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. FRANKLIN COUNTY ADDITION. No. 433. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 Route No. 29 approximately one mile northeast from Layonia and then traversing a road in a northwest direction by Geo. Maxwell, Whitworth School, Earm Fulbright, Tom Fulbright, R. M. Franks to Poplar Springs a distance of approximately six miles. And then another road beginning at a point on No. 17 at the Knox Crossing and traversing a road leading by J. C. Elliot, E. Cheek, W. H. Smith, Hoyt Smith, R. R. Smith to Poplar Springs and by J. T. J. Clark, and thence in a westerly direction by Joe Thomas' Mill place to T. L. Smith, thence southwest by Jewell Davis, W. E. Davis, Pleasant Hill Church by B. F. Crawford, N. L. Smith and Lee Pierce and there intersecting with No. 17, a distance of about 10 miles, all in Franklin County; 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 to 268, together with 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 Route No. 29, approximately one mile northeast from Lavonia and then traversing a road in a northwest direction by Geo. Maxwell, Whitworth School, Earm Fulbright, Tom Fulbright, R. M. Franks to Poplar Springs a distance of approximately six miles. And then another road beginning at a point on No. 17 at the Knox Crossing and traversing a road leading by J. C. Elliot, E. Cheek, W. H. Smith, Hoyt Smith, R. R. Smith to Poplar Springs and by J. T. J. Clark, and thence in a westerly direction by Joe Thomas' Mill place to T. L. Smith, thence southwest by Jewell Davis, W. E. Davis, Pleasant Hill Church by B. F. Crawford, N. L. Smith and Lee Pierce and there intersecting with No. 17, a distance of about 10 miles, all in Franklin County. Act of 1929 amended. Route 29 to Route17. Section 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

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of 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. Designation before obligation. Section 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 Route No. 29, approximately one mile northeast from Lavonia and then traversing a road in a northwest direction by Geo. Maxwell, Whitworth School, Earm Fulbright, Tom Fulbright, R. M. Franks to Poplar Springs a distance of approximately six miles, and then another road beginning at a point on No. 17 at the Knox Crossing and traversing a road leading by J. C. Elliot, E. Cheek, W. H. Smith, Hoyt Smith, R. R. Smith to Poplar Springs and by J. T. J. Clark, and thence in a westerly direction by Joe Thomas' Mill Place to T. L. Smith, thence southwest by Jewell Davis, W. E. Davis, Pleasant Hill Church by B. F. Crawford, N. L. Smith and Lee Pierce and there intersecting with No. 17, a distance of about 10 miles, all in Franklin 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 500 additional miles allowed in addition to mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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FRANKLIN COUNTY ADDITION. No. 457. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 beginning at the home of J. D. Varner and traversing the Ashland Road in a westerly direction by the home of L. A. Hutcherson, F. G. Mize and J. C. Neal intersecting with No. 59 at Ebenezer Church, a distance of approximately three miles, all in Franklin 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 to 268, together with 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 home of J. D. Varner and traversing the Ashland Road in a westerly direction by the home of L. A. Hutcherson, F. G. Mize and J. C. Neal intersecting with No. 59 at Ebenezer Church, a distance of approximately three miles, all in Franklin County. Act of 1929 amended. Varner home to Ebenezer Church.

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Section 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 of 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. Designation before obligation. Section 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 home of J. D. Varner and traversing the Ashland Road in a westerly direction by the home of L. A. Hutcherson, F. G. Mize and J. C. Neal, intersecting with No. 59 at Ebenezer Church, a distance of approximately three miles, all in Franklin 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. FULTON COUNTY ADDITION. No. 201. An Act to amend an Act popularly known as the Traylor-Neill Bill, approved August 20, 1929, and published in

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Georgia Laws 1929, beginning on page 260 through and including page 268, and having attached thereto a map, which map is known as Traylor-Neill Map, and which map appears in said Act between pages 268 and 269, of the Georgia Laws of 1929, so as to add to said map and to the highway mileage of the State (at the option of the State Highway Department of Georgia) additional mileage in Fulton County; a road from Route 9 in Alpharetta to Gwinnett County line; a road extending present State Route 1.20 east to Gwinnett County line; a road from Roswell north and west toward Woodstock, Georgia; a road from Route 14 near Cook's crossing known as Old National Highway; a road from Fairburn toward Senoia; a road from Route 14 north and west to Old Austell Ferry on Chattahoochee River; a road from Route 3 at Hapeville north to Lakewood Park; a road from Route 14 at Fairburn west to Chattahoochee River at Pumpkintown Ferry; a road from Goods to Rico; a road from Atlanta by Cascade Avenue to Palmetto on Route 14; a road from Cobb County line in formerly Milton County through Alpharetta to Abbott's Bridge on Chattahoochee River; a road from Route 14 at Union City to Red Oak; a road from Route 9 at Lebanon Church to Arnold Mill Road; to provide that the State Highway Board may, at its option, adopt any part or portion of said described routes as State-aid roads; to provide that the addition of said routes, or any portion thereof, shall not require payment of gasoline tax or maintenance by the State Highway Department until said routes, or any portion thereof are formally designated as State-aid roads 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 the authority of the same, That that certain Act of the Georgia Legislature, popularly known as the Traylor-Neill Bill,

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together with the map attached thereto, as said Bill appears in the published Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map appearing between pages 268 and 269 of said published Acts, be and the same are hereby amended by adding to the State highway mileage and placing on said map, and amending said map accordingly, as fully and completely as though originally drawn on said map, the following additional road milleage in Fulton County, Georgia, to wit: Act of 1929 amended. (1) Haynes Bridge Road. Beginning in Alpharetta, Georgia, leaving Route 9 and following along or near the Haynes Bridge Road to New Town; thence following along or near the New Town-Holcombs Bridge Road to the Holcomb Bridge over the Chattahooche River to Gwinnett County line. Approximate length of this road 7.1 miles, and shall be known as Haynes Bridge Road. Alpharetta to to Gwinnett County line. (2) Continuation of Route 20 East. Leaving State Route 9 south of Chattahoochee River Bridge, and following along Roberts Drive in a southeast direction to Spaulding Drive, near Ebenezer Church; thence following along Spaulding Drive to Hackett Road near Old Chestnut Ridge School; thence following along Hackett Road to the Gwinnett-Fulton County line. Approximate length of this road 8.9 miles. State Route 9 to Gwinnett County line. (3) Woodstock Road. Beginning in North Roswell, Georgia, and following along or near the Woodstock Road to the Cobb County line, intersecting same near Garrett's Store. Approximate length of this road 5.8 miles, and shall be known as Woodstock Road. Roswell to Cobb County line. (4) Old National Highway. Leaving the Roosevelt Highway at Cook's Crossing and running in a southerly direction along or near the present Old National Highway to the Fayette County line. Approximate length of this road 5.5 miles, and shall be known as Old National Highway. Roosevelt Highway to Fayette County line.

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(5) Senoia Road. Beginning in Fairburn, Georgia, Route 14, and running in a southerly direction, following along or near the Senoia Road to the Fayette County line. Approximate distance 3.5 miles. Fairburn to Fayette County line. (6) Byrum Highway. Leaving the Roosevelt Highway, Route 14, just north of Fort McPherson, and following along Old Campbellton Road, via Ben Hill, Old Maud Post Office, and Owl Rock Church, to Old Austell Ferry Crossing at Chattahoochee River. Approximate length of this road 14.3 miles. Roosevelt Highway to Austell Ferry Crossing. (7) Hutchenson Ferry Road. Leaving Roosevelt Highway in Palmetto, Georgia, and running west along or near present road, via Goods, Sardis, and Redwine to Old Hutchenson Ferry Crossing, at Chattahoochee River. Approximate length of this road, 10.4 miles. Roosevelt Highway to Hutchenson Ferry Crossing (8) Pryor Road. Leaving State Route 3, south, just east of Hapeville, and following along Pryor Road extension to Lakewood Park; thence following along Pryor Road to Atlanta city limits. Approximate length of this road 5.1 miles. Hapeville and Lakewood Park to Atlanta. (9) Fairburn-Rivertown Road. Running from Fairburn, Route 14, west to Chattahooche River, following along or near present road, via Bethlehem Church, Cedar Grove School, Brocks Store, and Rivertown, to Pumpkintown Ferry Crossing at Chattahoochee River. Approximate length of this road, 13.0 miles. Fairburn to Pumpkintown Ferry Crossing. (10) Goods-Rico Road. Beginning at Goods, and running in a northwest direction, following along or near the present road, to Rico. Approximate length of this road 5.6 miles. Goods to Rico. (11) Cascade-Palmetto Road. Beginning at Atlanta city limits, and following along Cascade Road to Byrum Highway, near Austell Ferry; thence following along or

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near Cochran Road to Old Campbellton; thence following along or near present road, via Brocks Store, Friendship Church and St. Pauls Church to Palmetto. Approximate length of this road 28.4 miles. Atlanta to Palmetto. (12) East and West Milton Road. Beginning at the Cobb County line, near Garretts Store, and following along the Mountain Park Road to the Hardscrabble Road; thence following along or near the Hardscrabble Road to Rucker Road; thence following along the Rucker Road to Alpharetta, Georgia, and intersecting the Ocee or State Bridge Road; thence following along or near the Ocee, or State Bridge Road to Ocee; thence following along or near Abbotts Bridge Road to Abbotts Bridge over Chattahoochee River. Approximate length of this road 19.0 miles. Cobb County line to Abbott's Bridge. (13) Red Oak-Union City Road. Leaving Roosevelt Highway at Union City, and running in a northeast direction, following along or near present road, via Johnson, Simpson and Williams farms to Red Oak. Approximate length of this road 5.0 miles. Union City to Red Oak. (14) Houze-Arnold Mill Road. Leaving State Route 9, at Lebanon Church, and following along or near the Solely Houze Road to the Arnold Mill Road; thence along or near the Arnold Mill Road to Little River at or near Arnold's Mill. Approximate length of this road 6.9 miles. Lebanon Church to Little River. Section 2. Be it further enacted by the authority aforesaid, That by the addition of said mileage on said map and by the placing of said roads on said map, and the authorization of said mileage to be included in the highway system, there arises no obligation, either express or implied, that the State of Georgia or the State Highway Department of Georgia shall be responsible for any maintenance of said roads, nor shall the addition of said roads to said map, or the addition of said mileage to the highway mileage, entitle the county, or counties, in which the same is located, to receive its pro rata part of the 1-cent gasoline

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tax allocated to said county as to said roads or mileage hereby added on said map and to said system, unless and until said roads and said mileage is formally designated as State-aid roads by the State Highway Board of Georgia by appropriate action as is now, or may hereafter be, provided by law. Designation before obligation. Section 3. Be it further enacted by the authority aforesaid, That it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said roads and said road mileage herein described, as State-aid roads, at its option; and if and when said roads are so designated by said State Highway Department of Georgia, said additional mileage here described shall not be considered a part of the 500 additional mileage allowed, in addition to the mileage shown on said map, as provided by the said Traylor-Neill Bill, herein referred to. State-aid roads. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. FULTON COUNTY ADDITION. No. 211. An Act to amend an Act popularly known as the Traylor-Neill Bill, approved August 20, 1929, and published in Georgia Laws 1929, beginning on Page 260 through and including page 268, and having attached thereto a map, which map is known as Traylor-Neill Map, and which map appears in said Act between pages 268 and 269, of the Georgia Laws of 1929, so as to add to said map and to the highway mileage of the State (at the option of the State Highway Department of Georgia) additional

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mileage in Fulton County, composing links in a belt route around the City of Atlanta, to be knows as the Miller Belt Route, and running west from State Routes 9, in Buckhead, Fulton County, Georgia, and continuing westerly along designated Fulton County roads and highways, connecting present State Routes Nos. 3, north and south, also 8, 14, 42, 10 and 12, and other routes and terminating in Route 13; to provide that the State Highway Board may, at its option, adopt any part or portion of said described routes as State-aid roads; to provide that the addition of said routes, or any portion thereof, shall not require payment of gasoline tax or maintenance by the State Highway Department until said routes, or any portion thereof, are formally designated as State-aid roads 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 the authority of the same, That that certain Act of the Georgia Legislature, popularly known as the Traylor-Neill Bill, together with the map attached thereto, as said Bill appears in the published Acts of the Georgia Legislature of 1929, pages 260 through 268, together with the map appearing between pages 268 and 269 of said published Acts, be and the same are hereby amended by adding to the State highway mileage and placing on said map, and amending said map accordingly, as fully and completely as though originally drawn on said map, the following additional road mileage, composing links in a belt highway connecting the various State routes leading into and out of the City of Atlanta, and to be known as the Miller Belt Route, to wit: Act of 1929 amended. Links of Miller Belt [Illegible Text] (1) A link in belt highway, leading north from Roosevelt Highway, leaving said highway just north of the bridge over the A. B. C. Railroad, and following along or near the Welcomall Road, via Welcomall Church, to the end of pavement on Old Fairburn-Ben Hill Road, at former

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Fulton County line; thence following along or near the Old Fairburn-Ben Hill Road (connecting, and crossing the Byrum Highway at Ben Hill) to the Gordon Road, connecting same at Adamsville; thence following along Gordon Road to the Bolton Road; thence following along, or near the Bolton Road (connecting, and crossing State Route No. 8 at Mayson's Church) to the Marietta Road, State Route No. 3, intersecting same in Bolton. Approximate length of this link 17.0 miles. Roosevelt Highway to Bolton. (2) A link in belt highway, leading northeast from State Route No. 3 in Bolton, following along Chattahoochee Avenue to Moore's Mill Road; thence following along, or near Moore's Mill Road (connecting, and crossing new Atlanta-Marietta Road) to Paces Ferry Road; thence following along Paces Ferry Road to Buckhead, connecting State Routes Nos. 9 and 13. Approximate length of this link 4.5 miles. Bolton to Buckhead. (3) A link in belt highway, leading east from Roosevelt Highway south of College Park, following along East Main Street to Virginia Avenue; thence following along Virginia Avenue to North Central Avenue in Hapeville; thence following along North Central Avenue to Stewart Avenue or State Route No. 3, south. Approximate length of this link 2.3 miles. Roosevelt Highway to Stewart Avenue. (4) A link in belt highway, leading northeast from State Route No. 3, southeast of Hapeville, following along, or near Brown Mill Road to Gilbert Road; thence following along a new route (location to be determined) to Jonesboro Road, or old State Route No. 42; thence following along old Route No. 42 to a point just south of South River; thence following new location in a northeast direction to new State Route No. 42, intersecting same just south of Southern Railroad overpass. Approximate length of this link 3.2 miles. Route 3 to new State Route 42.

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(5) A link in belt highway, leading north from State Routes Nos. 8, 10 and 12 at Ponce de Leon Avenue, following Highland Avenue, and Highland Avenue Extension to Cheshire Bridge Road, same being new Atlanta-Buford Highway. Approximate length of this link 2.4 miles. Atlanta to Buford (6) A link in belt highway, leading northwest from new Atlanta-Buford Highway following along Lenox Avenue to Peachtree Road, same being old Route No. 13. Approximate length of this link 2.1 miles. Lenox Avenue to Peachtree Road. Section 2. Be it further enacted by the authority aforesaid, That by the addition of said mileage on said map and by the placing of said road on said map, and the authorization of said mileage to be included in the highway system, there arises no obligation, either express or implied, that the State of Georgia or the State Highway Department of Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map, or the addition of said mileage to the highway mileage, entitle the county or counties, in which the same is located, to receive its pro rata part of the 1-cent gasoline tax allocated to said county as to said road or mileage hereby added on said map and to said system, unless and until said road and said mileage is formally designated as a State-aid road by the State Highway Board of Georgia by appropriate action as is now, or may hereafter be, provided by law. Designation before obligation. Section 3. Be it further enacted by the authority aforesaid, That it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road and said road mileage, herein described, as a State-aid road, at its option, and if and when said road is so designated by said State Highway Department of Georgia, said additional mileage here described shall not be considered a part of the 500 additional mileage allowed, in addition to the mileage shown on said

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map, as provided by the said Traylor-Neill Bill, herein referred to. State-aid road. Section 4. Be it further enacted by the authority aforesaid, That it is the purpose of this Act to provide a means of connecting various State highways leading into the City of Atlanta by a highway, which shall be a belt around said city, furnishing connection to the main highways leading into the city. Therefore, the State Highway Department may, in its discretion, designate all or any part or portion of the links above described in this Act, provided the general scheme of the additional mileage here described, in serving the general plan of connecting the highways leading into the city, is preserved. Belt around Atlanta. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. FULTON COUNTY. BROAD STREET EXTENSION. No. 238. An Act to increase the mileage of the State-Aid System of Roads by addition thereto of a highway in Fulton County, beginning at the intersection of Marietta Street and Spring Street in Atlanta and traversing said Marietta Street in an easterly direction.1885 miles to Broad Street intersection, thence traversing Broad Street in a southerly direction from Marietta Street intersection.3104 miles to Mitchell Street intersection, thence extending Broad Street from Mitchell Street intersection.3665 miles to a point where it will intersect Whitehall Street and Fair Street, thence traversing Whitehall Street in a southwesterly direction.0986 miles to Forsyth Street

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intersection; and to provide for laying out, establishing, constructing and obtaining rights of way for said Broad Street Extension along a route intersecting Trinity Avenue, Garnett Street (State Highway No. 42) and Brotherton Street; 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 Marietta Street and Spring Street in Atlanta and traversing said Marietta Street in an easterly direction.1885 miles to Broad Street intersection, thence traversing Broad Street in a southerly direction from Marietta Street intersection.3104 miles to Mitchell Street intersection, thence extending Broad Street from Mitchell Street intersection.3665 miles to a point where it will intersect Whitehall Street and Fair Street, thence traversing Whitehall Street in a southwesterly direction.0986 miles to Forsyth Street intersection; said extension of Broad Street from Mitchell Street intersection shall be laid out, established, constructed and situated along a route intersecting Trinity Avenue, Garnett Street (State Highway No. 42), and Brotherton Street between Whitehall Street and Forsyth Street, the total length of the above described road when extended and connected being.964 miles and forming a connecting link between State Highways No. 3 and No. 42 and providing traffic relief on Spring Street Viaduct. Increase of mileage. Marietta. Section 2. That the State Highway Board is hereby authorized, empowered and directed to certify said road as a part of the State-Aid System and, to lay out, establish, construct, and with the assistance of the county commissioners of Fulton County, procure rights of way over that portion of said road to be extended and opened, and to bear all

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expenses connected therewith; Provided, however, that the county commissioners of Fulton County may contract with the State Highway Department for the construction of any portion of the State-Aid Road System in payment of part or all of the expenses of securing rights of way for that portion of said road to be extended and opened. Certification directed. Contract for construction. Section 3. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 22, 1937. GLYNN COUNTY ADDITION. No. 129. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the General Assembly of the State of Georgia, pages 260 to 268 inclusive, of the year 1929, and including the map made a part thereof, and known as the Traylor-Neill Bill, so as to add to said map a road to be known as the Fort Frederica National Shrine and Battle of Bloody Marsh Highway, to begin at a point on the present Coastal Highway, in Glynn County, Georgia, and approximately 10 miles north of the City of Brunswick, and extending easterly to a point at or near Pikes Bluff on St. Simons Island, and thence southerly to a juncture with the present Brunswick-St. Simons Highway and extension thereof; 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 the State of Georgia until said road is formally designated as a State-aid road as provided by law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, That that certain Act of the General Assembly of the State of Georgia, known as the Traylor-Neill Bill, together with the map attached thereto, as said Act appears in the Acts of the General Assembly of the State of Georgia, pages 260 to 268 inclusive, be and the same is hereby amended by adding to and placing on said map, as fully and completely as originally appearing on said map that certain road to be known as the Fort Frederica National Shrine and Battle of Bloody Marsh Highway, which will begin at a point on the present Coastal Highway, in Glynn County, Georgia, and approximately ten miles north of the City of Brunswick, and extending easterly to or near Pikes Bluff on St. Simons Island, and thence southerly to a junction with the present Brunswick-St. Simons Highway and extension thereof on said island: said created highway extending a total distance of approximately seven (7) miles. Act of 1929 amended. Fort Frederica National Shrine Highway. Section 2. Be it further enacted by the authority aforesaid, That by the addition of said road on said map there arises no obligation to the State of Georgia or the Highway Department nor shall they be responsible for any maintenance of said road, nor shall the addition of said road to said map and said highway system entitle said County of Glynn (in which county said road is located) to receive its pro rata part of any gasoline tax allocated to said county as to said road hereby added, unless and until said road is formally designated as a State-aid road by action of the State Highway Board as provided by law, and said map filed with the Secretary of State as provided by law. Designation before maintenance. Section 3. Be it further enacted, That if and when said road is so designated by said State Highway Department, said road shall not be considered as a part of the 500 additional miles allowed in addition to the mileage as provided in said Taylor-Neill Act, but shall be in addition thereto.

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Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 9, 1937. GRADY AND MITCHELL COUNTIES ADDITION. No. 230. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) designating the highway mileage, by adding additional mileage from Roddenbery's Crossroad farm on State Road No. 38, which is about two miles north of Cairo, Georgia, and from that point following the line of the existing public road northward to the point of conjunction with Hawthorn Trail and continuing northward along Hawthorn Trail through the County of Grady and the County of Mitchell to Camilla, Georgia; and for other purposes. Section 1. Be it enacted by the General Asembly 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 State Highway Mileage be and the same is hereby increased by adding thereto a road beginning at Roddenbery's Crossroad farm on State Road No. 38, which is about two miles north of Cairo, Georgia, and from that point following the line of the existing public road northward to the point of conjunction with Hawthorn Trail and continuing northward along Hawthorn Trail through the County of Grady and the County of Mitchell to Camilla, Georgia; this representing a mileage of approximately 12 miles in the County of Grady and approximately 12 miles in the County of Mitchell. Roddenbery's Crossroad to Camilla

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Section 2. Be it further enacted by the authority aforesaid that the map showing the highway mileage between pages 268 and 269 of the official compilation and publication of said Acts of 1929, be and the same is hereby amended so as to show on said map said road from Roddenbery's Crossroad farm on State Road No. 38, north along the line aforesaid through Grady and Mitchell Counties to Camilla, Georgia. Act of 1929 amended. Section 2. 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 described in this Act, and in the caption thereof as a State-aid road and as a part of the highway system of Georgia, and if and when said road is so designated by said State Highway Department of Georgia, it shall be considered a part of the additional mileage allowed in addition to that shown on the map herein referred to. State System. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same is hereby repealed. Approved March 22, 1937. GRIFFIN TO GREENVILLE ROAD. No. 277. An Act to amend an Act approved August 29, 1929 (Acts 1929, pages 260-268, inclusive) said Act having heretofore been amended and to be amended by this Act by increasing the mileage of the State-Aid System of Roads by adding additional mileage from Griffin by way of Williamson, Hollonville and Gay, Georgia, to Greenville, Georgia. 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 Griffin in Spalding County, Georgia, and running from Griffin to Williamson, Hollonville, and Gay, Georgia, to Greenville, Georgia. Griffin to Greenville. Section 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-Aid System of Georgia. Act of 1929 amended. Section 3. Be it further enacted, That said bill shall not have the effect of certifying said proposed road into the now State-Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certification. Section 4. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 23, 1937. GWINNETT COUNTY ADDITION. No. 231. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260-268, inclusive, 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 as aforesaid being designated in the Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Lawrenceville in Gwinnett County leading out from State Route No. 8 southwardly to Snellville, and intersecting with State Route No. 10 at Snellville in Gwinnett County, Georgia, consisting of approximately

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seven 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 260-268 inclusive, together with 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 if drawn originally on said map, that certain road from Lawrenceville in Gwinnett County leading out from State Route No. 8 southwardly to Snellville and intersecting with State Route No. 10 at Snellville in Gwinnett County, Georgia, consisting of approximately seven miles. Act of 1929 amended. Lawrenceville to Snellville. Section 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 of 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. Designation before obligation.

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Section 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 Lawrenceville in Gwinnett County leading out from State Route No. 8 southwardly to Snellville and intersecting with State Route No. 10 at Snellville in Gwinnett County, Georgia, consisting of approximately seven miles, as State-aid road; and if and when said road is designated by said State Highway Department of Georgia, said road 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 Traylor-Neill Bill. Not part of additional mileage. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this act are hereby repealed. Approved March 22, 1937. GWINNETT, FULTON AND FORSYTH COUNTIES. No. 163. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260-268 inclusive, 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 as aforesaid being designated in the Acts of 1929 as the Traylor-Neill Map, so as to add to said map a road from Norcross in Gwinnett County on State Route No. 13 northwardly via Medlock Bridge over the Chattahoochee River, through portions of Gwinnett and Fulton Counties and into Forsyth County, intersecting with State Route No. 9, south of Cumming in Forsyth County consisting of approximately..... miles; to provide that the addition of said road on said map shall not require

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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 260-268 inclusive, together with 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 if drawn originally on said map, that certain road from Norcross in Gwinnett County on State Route No. 13, northwardly via Medlock Bridge over the Chattahoochee River, through portions of Gwinnett and Fulton Counties and into Forsyth County, intersecting with State Route No. 9, south of Cumming in Forsyth County consisting of approximately...... miles. Norcross to Cumming. Section 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 of 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. Designation before obligation.

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Section 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 Norcross in Gwinnett County on State Route No. 13, northwardly via Medlock Bridge over the Chattahoochee River, through portions of Gwinnett and Fulton Counties and into Forsyth County, intersecting with State Route No. 9, south of Cumming in Forsyth County consisting of approximately...... miles, as State-aid road; and if and when said road is designated by said State Highway Department of Georgia, said road 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 Traylor-Neill Bill. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1937. HABERSHAM COUNTY ADDITIONS. No. 371. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at Clarkesville and continuing to old Pauper Farm and thence to the Mt. Airy Road, being approximately nine miles long, in Habersham County, Georgia; also a road beginning at Bethlehem Church on the Burton Road and running north to Piedmont Orchard, thence to Bowdon Place on Burton Road, being approximately nine miles long, in Habersham County,

Page 1006

Georgia; and also a road beginning at Jarrard's Filling Station two miles north of Clarkesville on the highway from Clarkesville to Tallulah Falls, to New Liberty Church, to Macedonia Church, to Riverside Schoolhouse, to the Burton Road, being approximately 12 miles long, in Habersham County, Georgia; to provide that the addition of said roads 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 State-aid roads by the State Highway Board of Georgia by appropriate action; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 Clarkesville and continuing to old Pauper Farm and thence to Mt. Airy Road, being approximately eight miles long, in Habersham County, Georgia; also a road beginning at Bethlehem Church on the Burton Road and running north to Piedmont Orchard, thence to Bowdon Place on Burton Road, being approximately nine miles long, in Habersham County, Georgia; and also a road beginning at Jarrard's Filling Station two miles north of Clarkesville on the highway from Clarkesville to Tallulah Falls, to New Liberty Church, to Macedonia Church, to Riverside Schoolhouse, to the Burton Road, being approximately 12 miles long in Habersham County, Georgia. Act of 1929 amended. Clarkesville to Bowdon Place.

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Section 2. Be it further enacted, That by the addition of said roads on said map and the placing of said roads on said map there shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said roads nor shall the addition of said roads to said map entitle the county or county authorities in which said roads are located to receive a pro rata part of the 1-cent gasoline tax allocated to said county as to said roads hereby added on said map unless said roads are formally designated as State-aid roads 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. Designation before obligation. Section 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 the roads described in Section 1 of this Act one road extending from Clarkesville and continuing to old Pauper Farm and thence to the Mt. Airy Road, being approximately eight miles long, in Habersham County, Georgia; another road beginning at Bethlehem Church on the Burton Road and running north to Piedmont Orchard, thence to Bowdon Place on Burton Road, being approximately nine miles long, in Habersham County, Georgia; and another road beginning at Jarrard's Filling Station two miles north of Clarkesville on the highway from Clarkesville to Tallulah Falls, to New Liberty Church, to Macedonia Church, to Riverside Schoolhouse, to the Burton Road, being approximately 12 miles long, in Habersham County, Georgia, as State-aid roads and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Approved March 29, 1937.

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HALL AND LUMPKIN COUNTIES. No. 367. An Act to amend an Act entitled Highway Mileage No. 289, approved August 20, 1929, contained on pages 260-268, inclusive, of Georgia laws 1929, permitting the addition to the State-Aid Highway System and placing on the Traylor-Neill Map of the Georgia System of State Roads a certain road located in Hall and Lumpkin Counties, repealing conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. A certain road commencing at the place where the road known as Thompson's Bridge Road crosses the corporate limits of the City of Gainesville, and continuing in a northerly direction across Thompson's Bridge, thence through the community known as Murrayville, thence in a northerly direction connecting with the paved highway at Dyer's Store, in Lumpkin County, subject to the will of the Highway Board, is hereby placed on the State-aid Road System; Provided in an Act entitled Highway Mileage No. 289, approved August 20, 1929, contained on pages 260-268, inclusive, of Georgia laws, 1929, and on the Traylor-Neill Map of the Georgia System of State Roads. Gainesville to Dyer's Store. Section 2. This bill shall not be mandatory and the road mentioned herein shall be placed on the Highway System only when certified by the State Highway Board. Not mandatory. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1937.

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HALL AND LUMPKIN COUNTIES. No. 456. An Act to amend an Act entitled Highway Mileage No. 289, approved August 20, 1929, contained on pages 260-268, inclusive, of Georgia Laws, 1929, permitting the addition to the State-aid Highway System and placing on the Traylor-Neill Map of the Georgia System of State Roads a certain road located in Hall and Lumpkin Counties, repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. A certain road commencing in the City of Dahlonega in Lumpkin County, running thence in a southerly direction to and across Hall's Mill Bridge, thence into Hall County at St. Paul's Church, and thence to the community in Hall County known as Murrayville, subject to the will of the Highway Board, is hereby placed on the State-aid Road System, provided in an Act entitled Highway Mileage No. 289, approved August 20, 1929, contained on page 260-268, inclusive, of Georgia Laws, 1929, and on the Traylor-Neill Map of the Georgia System of State Roads. Dahlonega to Murrayville. Section 2. This bill shall not be mandatory and the road mentioned herein shall be placed on the Highway System only when certified by the State Highway Board. Not mandatory. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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HARALSON AND CARROLL COUNTIES. No. 256. 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 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 Bankhead Highway at Waco, Georgia, in Haralson County, same being the road from Waco to Bowdon, Carroll County, which road passes through the towns and places as follows: Waco, United States Reservation (south of Waco), and Bowdon, the same being an extension of No. 100 from Franklin, Georgia, to Bowdon, Georgia, a distance of approximately 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 the 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 place on said map, as fully and completely as though originally drawn on said map, that certain road beginning at the Bankhead Highway at Waco, Georgia, in Haralson County, same being the road from Waco to Bowdon, Carroll County, which road passes through the towns and places as follows: Waco, United States Reservation (south

Page 1011

of Waco), and Bowdon, the same being an extension of No. 100 from Franklin, Georgia, to Bowdon, Georgia, a distance of approximately 14 miles. Act of 1929 amended. Waco to Bowdon. Section 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. Designation before obligation. Section 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 Bankhead Highway at Waco, Georgia, in Haralson County, same being the road from Waco to Bowdon, Carroll County, which road passes through the towns and places as follows: Waco, United States Reservation (south of Waco), and Bowdon, the same being an extension of No. 100 from Franklin, Georgia, to Bowdon, Georgia, a distance of approximately 14 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 500 additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. Section 4. Be it further enacted, That when said road is placed on said map that it will be a link in a proposed

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military route connecting Fort Oglethrope, the United States Reservation at Waco, and Camp Benning. Link of military route. Section 5. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. HART COUNTY ADDITION. No. 262. An Act to amend an Act, entitled, Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning in the City of Hartwell, Hart County, Georgia, and running thence in a southerly direction via Bio School and Dr. J. I. Jenkins' home place to Elbert County line; said road being approximately 10 miles in Hart 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 reasons. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 268, together with the map opposite page 268 of said Act of 1929, be and the same is hereby amended by adding to

Page 1013

and placing on said map as fully and completely as though originally drawn on said map that certan road beginning in the City of Hartwell, Hart County, Georgia, and running thence in a southerly direction via Bio School and Dr. J. I. Jenkins' home place to Elbert County line; said road being approximately 10 miles in Hart County, Georgia. Act of 1929 amended. Hartwell to county line. Section 2. Be it further enacted by the addition of said road on said map and the placing of said road on said map there shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Hartwell, Hart County, Georgia, through Hart County to the Elbert County line, as a State-aid road, and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed. Approved March 23, 1937.

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IRWIN AND COFFEE COUNTIES. No. 414. An Act to amend an Act, entitled, Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 in the Town of Ocilla, in Irwin County, and running thence in a southeasterly direction approximately 12 miles in Irwin County, to Lax, on the county line, between Irwin and Coffee Counties, and thence in a southerly direction in Coffee County approximately three miles; and thence southeasterly seven miles in Atkinson County to the town of Willacoochee, in Atkinson County, Georgia, said road being in the aggregate approximately 22 miles, and connecting State Highway Routes 11, 32 and 37 at Ocilla with State Route 50 at Willacoochee; 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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

Page 1015

at a point in the Town of Ocilla, in Irwin County, and running thence in a southeasterly direction approximately 12 miles in Irwin County, to Lax, on the county line between Irwin and Coffee Counties, and thence in a southerly direction in Coffee County approximately three miles; and thence southeasterly seven miles in Atkinson County to the Town of Willacoochee in Atkinson County, Georgia, said road being in the aggregate approximately 22 miles, and connecting State Highway Routes 11, 32 and 37 at Ocilla with State Route 50 at Willacoochee. Act of 1929 amended. Ocilla to Willacoochee. Section 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 shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the 1-cent gasoline tax allocated to said counties 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from the Town of Ocilla, in Irwin County, via Lax on the county lines of Irwin and Coffee Counties, to Willacoochee in Atkinson County, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. Authority.

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Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. JACKSON, BARROW, AND HALL COUNTIES. No. 459. An Act to amend an Act, entitled, Highway Mileage No. 289, approved August 20, 1929, contained on pages 260-268, inclusive, of Georgia Laws, 1929, permitting the addition to the State-aid Highway System and placing on the Traylor-Neill map of the Georgia System of State Roads a certain road located in Jackson, Barrow, and Hall Counties, repealing all conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, as follows: Section 1. A certain road commencing in the town of Mayesville, in Jackson County, and running thence along the present road into Hall County at the town of Gillsville, thence across the bridge at Flat Shoals one and one-half miles approximately, from the town of Gillsville, thence at a right angle to said bridge, and thence along the present road into the paved highway at a place known as Peter Kendrick's Place, subject to the will of the highway board, is hereby placed on the State-aid Road System, provided in an Act entitled Highway Mileage No. 289, approved August 20, 1929, contained on pages 260 to 268, inclusive, of Georgia Laws, 1929, and on the Traylor-Neill map of the Georgia System of State Roads. Maysville to Kendrick place. Also that road in the County of Barrow beginning at Beddingfield's Station on the Gainesville-Midland Railroad and crossing the Seaboard Air Line Railway on Monroe

Page 1017

Street and leading to Winder, Georgia, is placed on said system subject to the same condition and circumstances. Beddingfield to Winder. Section 2. This bill shall not be mandatory and the road mentioned herein shall be placed on the highway system only when certified by the State Highway Board. Not mandatory. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. JENKINS AND BURKE COUNTIES. No. 480. An Act to amend an Act, entitled, Highway Mileage, as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning in the City of Millen in Jenkins County, Georgia, and running thence in a northeasterly direction to the Burke County line, a distance of approximately 13 miles, thence in a northeasterly direction to Sardis in Burke County, Georgia, and thence in a northeasterly direction to Girard in Burke County, Georgia, said distance in Burke County not to exceed 10 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 1018

Section 1. That that certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached hereto, as said bill appears in the Acts of the General Assembly of Georgia of 1929, pages 260 to 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 in the City of Millen in Jenkins County, Georgia, and running thence in a northeasterly direction to the Burke County line, a distance of approximately 13 miles; thence in a northeasterly direction to Sardis in Burke County, Georgia, and thence in a northeasterly direction to Girard in Burke County, Georgia, said distance of approximately 13 miles; thence in a northeasterly direction to Sardis, in Burke County, Georgia, and thence in a northeasterly direction to Girard in Burke County, Georgia, said distance in Burke County not to exceed 10 miles. Act of 1929 amended. Millen to Girard. Section 2. Be it further enacted, That by the addition of said road map and the placing of said road on said map there shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the 1-cent gas 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. Section 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 legally to designate the road described in Section 1 of this Act extending from Millen

Page 1019

to Jenkins County, Georgia, through Sardis in Burke County, Georgia, to Girard in Burke County, Georgia, as aforesaid, as a State-aid road, and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. JENKINS AND BURKE COUNTIES ADDITION. No. 286. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning in the City of Millen in Jenkins County, Georgia, and running thence in a northeasterly direction to the Burke County line, a distance of approximately thirteen miles; thence in a northeasterly direction to Sardis in Burke County, Georgia, and thence in a northeasterly direction to Girard in Burke County, Georgia, said distance in Burke County not to exceed ten 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. 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 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 General Assembly of Georgia of 1929, pages 260 to 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 in the City of Millen in Jenkins County, Georgia, and running thence in a northeasterly direction to the Burke County line, a distance of approximately thirteen miles; thence in a northeasterly direction to Sardis in Burke County, Georgia, and thence in a northeasterly direction to Girard in Burke County, Georgia, said distance in Burke County not to exceed ten miles. Act of 1929 amended. Millen to Girard. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the one-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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Millen in Jenkins County, Georgia, through Sardis in Burke County, Georgia, to Girard in Burke County, Georgia, as aforesaid, as a State Aid road and when so designated to

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have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. JOHNSON AND LAURENS COUNTIES. No. 453. 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 is 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 Carroll's Shop on State Highway in Johnson County and going in a southerly direction through the counties of Johnson and Laurens for a distance of approximately nine and one-half (9) miles and connecting with Federal Highway 80 at Scott, Johnson County 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

Page 1022

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 Carroll's Shop in Johnson County on State Highway and going through the counties of Johnson and Laurens and connecting with Federal Highway 80 at Scott in Johnson County. Act of 1929 amended. Carroll's Shop to Scott. Section 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 shall be responsible for maintenance on said road nor shall the addition of said road to said map entitle the counties in which said road is located to receive their pro rata part of the first gasoline tax allocated to said counties 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 the Secretary of State as provided. Designation before maintenance. Section 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 Carroll's Shop in Johnson County connecting with State Highway and leading through the counties of Johnson and Laurens and connecting with Federal Highway 80 at Scott in Johnson as a State Aid Road 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. Authority. State-aid road. Section 4. Be it enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937.

Page 1023

JOHNSON AND WASHINGTON COUNTIES. No. 454. 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 of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at State Highway, approximately one mile northeast of Wrightsville in Johnson County, and leading through the counties of Johnson and Washington, a distance of approximately seven and one-half (7) miles to the town of Pringle in Washington County to provide that the addition of said road to said map shall not require payment of gasoline tax on maintenance by the State Highway Department until such time as the 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 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 beginning at State Highway one mile northeast of Wrightsville and leading through the counties of Johnson and Washington, a distance of approximately seven and one-half (7) miles to the town of Pringle in Washington County. Act of 1929 amended. Northeast of Wrightsville to Pringle. Section 2. Be it further enacted, That by the addition to said map and the placing of said road on said map there

Page 1024

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 counties in which said road is located to receive their pro rata part of the first gasoline tax allocated to said counties 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 the Secretary of State as provided. Designation before obligation. Section 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 through Johnson and Washington Counties to the town of Pringle in Washington County as a State Aid Road, and if and when 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. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. LAMAR AND UPSON COUNTIES ADDITION. No. 244. An Act to increase the mileage of the State Aid System of Roads by the addition thereto of a highway beginning at a point on State Highway No. 7 just outside the city limits of the City of Barnesville, Lamar County, Georgia, and running thence South through Lamar and Upson Counties to Yatesville, Upson County, Georgia, where said highway connects with State Highway No. 74; and for other purposes.

Page 1025

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 Highway No. 7 just outside the city limits of the City of Barnesville, Lamar County, Georgia, and running thence South through Lamar and Upson Counties to Yatesville, Upson County, Georgia, where said highway connects with State Highway No. 74, a distance of approximately ten miles. Section 2. That that certain Act of the General Assembly of the State of Georgia, known as the Traylor-Neill Bill, together with the map attached thereto, as said act appears in the Acts of the General Assembly of the State of Georgia, pages 260 to 268 inclusive, be and the same is hereby amended by adding to and placing on said map, as fully and completely as originally appearing on said map, that certain road to be known as the Barnesville-Yatesville Highway, which will begin at a point on the State Highway Route No. 7 just outside of the city limits the City of Barnesville, Lamar County, Georgia, and running thence through Lamar and Upson Counties to Yatesville, Upson County, Georgia, where said highway connects with State Highway Route No. 74, said created highway extending a total distance of approximately ten miles. Act of 1929 amended. Barnesville to Yatesville. Section 3. 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. State-aid road. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937.

Page 1026

LAWRENCEVILLE TO SUWANEE ROAD. No. 446. 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 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 intersection of Pike Street and State Highway No. 20 in the City of Lawrenceville, Gwinnett County, Georgia, and running thence to Suwanee, Gwinnett County, Georgia, thence by way of Settles Bridge across the Chattahoochee River to intersect with State Highway No. 9 at a point near Midway, Forsyth County, Georgia, a distance of approximately 24 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 intersection of Pike Street with State Highway No. 20 in the City of Lawrenceville, Gwinnett County, Georgia, and running thence to Suwanee, Gwinnett County, Georgia, by way of Settles Bridge across the Chattahoochee River to intersect

Page 1027

with State Highway No. 9 at a point near Midway, Forsyth County, Georgia, a distance of approximately 24 miles. Act of 1929 amended. Lawrenceville to Midway. Section 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 one-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. Designation before obligation. Section 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 intersection of Pike Street with State Highway No. 20 in the City of Lawrenceville, Gwinnett County, Georgia and running thence to Suwanee, Gwinnett County, Georgia, thence by way of Settles Bridge across the Chattahoochee River to intersect with State Highway No. 9 at a point near Midway, Forsyth County, Georgia, a distance of approximately 24 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. Section 4. Be it enacted, That all laws and parts of laws in conflict with this are hereby repealed. Approved March 30, 1937.

Page 1028

LOWNDES AND BROOKS COUNTIES. No. 266. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 the west side of the City of Valdosta in Lowndes County, Georgia, and being the point where River Street intersects the incorporate limits of said city and from said point thence running northwestwardly along what is known as the River Street road to Old Troupville in Lowndes County, Georgia, a distance of approximately seven miles, and thence crossing Little River into Brooks County, Georgia, and thence leading in a northwesterly direction by Pauline Baptist Church, intersecting with the Hahira and Morven road about one and one-half miles east of Morven in Brooks County, Georgia; thence in a westwardly direction to Morven and to and through the Town of Morven in a northwesterly direction, intersecting with the Quitman-Moultrie Highway known as State Route Number 33, being a point approximately three miles northwest of Morven and being approximately fifteen miles in Brooks 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

Page 1029

Section 1. 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on the west side of the City of Valdosta in Lowndes County, Georgia, and being the point where River Street intersects the incorporate limits of said city and from said point thence running northwestwardly along what is known as the River Street road to Old Troupville in Lowndes County, Georgia, a distance of approximately seven miles, and thence crossing Little River into Brooks County, Georgia, and thence leading in a northwesterly direction by Pauline Baptist Church, intersecting with the Hahira and Morven road about one and one-half miles east of Morven in Brooks County, Georgia; thence in a westwardly direction to Morven and to and through the Town of Morven in a northwesterly direction, interesecting with the Quitman-Moultrie Highway known as State Route Number 33, being a point approximately three miles northwest of Morven and being approximately fifteen miles in Brooks County, Georgia. Act of 1929 amended. Valdosta through Morven. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the onecent 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

Page 1030

provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted, That it is the purpose of this Act to give to the State Highway Board of Georgia the right and authority legally to designate the road described in Section 1 of this Act extending from the incorporate limits of the City of Valdosta northwestwardly along the River Street road across Little River and thence in Brooks County by Pauline Baptist Church to Morven and State Route Number 33 as aforesaid, as a State Aid Road and when so designated to have such status and to be accorded such rights as State Aid Roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. MACON-THOMASTON ROAD. 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 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 Macon-Thomaston Public Road which will intersect the State-aid road No. 22 at a point in the County of Bibb approximately 5 miles west of Macon at a public school in Bibb County known as Union School, and extending thence in a westerly direction along said Macon-Thomaston Road through Bibb and Monroe

Page 1031

Counties to the point where State-aid Road No. 74 intersects State-aid Road No. 7 in Monroe 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 the 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 known as the Macon-Thomaston Public Road which will intersect the State-aid Road No. 22 at a point in the County of Bibb approximately 5 miles west of Macon at a public school in Bibb County known as Union School, and extending thence in a westerly direction along said Macon-Thomaston Road through Bibb and Monroe Counties to the Point where State-aid Road No. 74 intersects State-aid Road No. 7 in Monroe County. Act of 1929 amended. Union School to intersection of roads 74 and 7. Section 2. Be it further enacted by the authority aforesaid 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 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

Page 1032

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. Designation before obligation. Section 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 Macon-Thomaston Public Road which will intersect the State-aid Road No. 22 at a point in the County of Bibb approximately 5 miles west of Macon at a public school in Bibb County known as Union School, and extending thence in a westerly direction along said Macon-Thomaston Road through Bibb and Monroe Counties to the point where State-aid Road No. 74 intersects State-aid Road No. 7 in Monroe 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. Authority. State-aid road. No part of 500-mile addition. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Approved March 23, 1937. MADISON AND FRANKLIN COUNTIES. No. 216. 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

Page 1033

Traylor-Neill Map, so as to add to said map a road described as follows: A road from paved highway No. 8, from Danielsville to Royston, leading off said paved highway at Anthony's Store and running to Highway No. 106, 1 mile North of Ila, Ga., said additional mileage being exactly 6.8 miles, to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by said 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 a certain Act of the Georgia Legislature known as the Traylor Neill Bill, together with the map attached hereto, as said bill appear 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 amended 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 that leads off paved Highway No. 8, from Danielsville to Royston, at Anthony's store, and running to Highway No. 106, 1 mile north of Ila, Ga., said additional mileage being exactly 6.8 miles, and being a part of the Old Bankhead Highway. Act of 1929 amended. Anthony's Store to Highway 106. Section 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 or 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

Page 1034

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. Designation before obligation. Section 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, being that road that leads off Paved Highway No. 8, from Danielsville to Royston, at Anthony's Store, and running to highway No. 106, 1 mile north of Ila, Ga., and being a part of the old Bankhead Highway, the exact miles, being 6.8 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 additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Authority. State-aid road. Section 4. Be it further enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1937. MITCHELL AND BAKER COUNTIES. No. 368. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 the Newton Road at Slough Bridge about 2 miles from Camilla, then going to Baggs Ferry across the Flint River, then to Hoggards Mill, approximately

Page 1035

9 miles in Mitchell County and approximately 10 miles in Baker 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on the Newton Road at Slough Bridge about 2 miles from Camilla, then going to Baggs Ferry across the Flint River, then to Hoggards Mill, approximately 9 miles in Mitchell County and approximately 10 miles in Baker County, Georgia. Act of 1929 amended. Slough Bridge to Baggs Ferry. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the 1-cent gasoline tax allocated to said counties 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,

Page 1036

showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it further enacted that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority legally to designate the road described in Section 1 of this Act extending from a point on the Newton Road at Slough Bridge about 2 miles from Camilla, then going to Baggs Ferry across the Flint River then to Hoggards Mill, approximately 9 miles in Mitchell County and approximately 10 miles in Baker County, Georgia, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 29, 1937. MITCHELL COUNTY ADDITION. No. 428. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 Route 3, at Redmonds Corner, 2 miles north of Pelham, and running north, crossing the Moultrie-Camilla Road, and continuing on until it intersects with the Sylvester-Camilla Road, approximately eight miles in length, all in Mitchell County, Georgia; to provide that the addition

Page 1037

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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on Route 3, at Redmonds Corner, 2 miles north of Pelham, and running north, crossing the Moultrie-Camilla Road, approximately eight miles in length, all in Mitchell County, Georgia. Act of 1929 amended. Redmond's Corner, north 8 miles. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the one-cent gasoline tax allocated to said counties 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,

Page 1038

be filed with the Secretary of State as now provided by law. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from a point on Route 3, at Redmonds Corner, 2 miles north of Pelham, and running north, crossing the Moultrie-Camilla Road, and continuing on until it intersects with the Sylvester-Camilla Road, approximately eight miles in length, all in Mitchell County, Georgia, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. MONTGOMERY COUNTY ADDITION. No. 416. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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-aid Route No. 29 about one-quarter of a mile north of J. B. O'Conner's residence in Montgomery County, thence in a southerly direction through the town of Ailey, thence to the town of Mount Vernon to State Route No. 56, said road

Page 1039

being approximately nine miles in Montgomery 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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-Aid Route No. 29 about onequarter of a mile north of J. B. O'Conner's residence in Montgomery County, thence in a southerly direction through the town of Ailey, thence to the town of Mount Vernon to State Route No. 56, said road being approximately nine miles in Montgomery County, Georgia. Act of 1929 amended. Route 29 to Mount Vernon. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the one-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

Page 1040

as now provided by law and a map, showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 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 the road described in Section 1 of this Act extending from a point on State-aid Route No. 29 about one-quarter of a mile north of J. B. O'Conner's residence in Montgomery County, thence in a southerly direction through the town of Ailey, thence to the town of Mount Vernon to State Route No. 56, said road being approximately nine miles in Montgomery County, Georgia, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. MONTGOMERY COUNTY ADDITION. No. 424. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map that particular road in Montgomery County, starting at Uvalda, thence to Alston to the intersection of Route No. 29 and Route No. 30, a distance of approximately

Page 1041

13 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 in Montgomery County, starting at Uvalda, thence to Alston to the intersection of Route No. 29 and Route No. 30, a distance of approximately 13 miles. Act of 1929 amended. Uvalda to Alston. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the one-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. Designation before obligation.

Page 1042

Section 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 legally to designate the road described in Section 1 of this Act extending from a point in Uvalda, thence to Alston to the intersection of Route No. 29 and Route No. 30, in Montgomery County, a distance of approximately 13 miles, as aforesaid, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. MURRAY COUNTY ADDITION. No. 215. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260-268, including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill and map opposite being designated in said Acts of 1929 as Traylor-Neill Map, so as to add to said map a road in Murray County commencing on the west side of the L. N. Railroad at Whittle Bridge, approximately 10.5 miles north of Chatsworth, and proceeding in a northwesterly direction approximately 5.5 miles to the Tennessee State line at a point where Hills Ford crosses the Conesauga River; to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance by the said Highway Department until such time as the road is formally designated as a State-aid road by the

Page 1043

State Highway Board of Georgia; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That: Section 1. 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 in Murray County commencing on the west side of the L. N. Railroad at Whittle Bridge, approximately 10.5 miles north of Chatsworth, and proceeding in a northwesterly direction approximately 5.5 miles to the Tennessee State line at the point where Hills Ford crosses the Conesauga River, all of said road being located in Murray County. Act of 1929 amended. Whittle Bridge to Hill's Ford. Section 2. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road nor shall the addition of said road to said map entitle the County of Murray to receive its pro rata part of the gasoline tax allocated to said county, unless and until the 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 the map showing the said road thereon be filed with the Secretary of State as provided. Designation before obligation. Section 3. 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 in Murray County, Georgia, commencing on the west side of the L. N. Railroad at Whittle Bridge, approximately 10.5 miles

Page 1044

north of Chatsworth, and proceeding in a northwesterly direction approximately 5.5 miles to the Tennessee State line at the point where Hills Ford crosses the Conesauga River, as a State-aid road, and if and when said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. No part of 500-mile addition. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. MURRAY, GILMER AND PICKENS COUNTIES. No. 247. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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 Route 61 at Carters Quarter in Murray County and extending a distance of approximately 10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock where it intersects with State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton where it intersects with Route 53 in Pickens County, Georgia; to provide that the addition of said road on said map shall not require

Page 1045

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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on Route 61 at Carters Quarter in Murray County and extending a distance of approximately 10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock, where it intersects with State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton, where it intersects with Route 53 in Pickens County, Georgia. Act of 1929 amended. Carters Quarter to Blain, Talking Rock, Hinton. Section 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 shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of

Page 1046

the 1-cent gasoline tax allocated to said counties 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act, beginning at a point on Route 61 at Carters Quarter in Murray County and extending a distance of approximately 10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock, where it intersects with State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton, where it intersects with Route 53 in Pickens County, Georgia, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. Authority. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. MURRAY, GILMER AND PICKENS COUNTIES. No. 746. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature

Page 1047

of 1929, pages 260 to 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 as 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 Route 61 at Carters Quarter in Murray County and extending a distance of approximately 10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock where it intersects with State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton where it intersects with Route 53 in Pickens 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on Route 61 at Carters Quarter in Murray County and extending a distance of approximately

Page 1048

10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock where it intersects with State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton where it intersects with Route 53 in Pickens County, Georgia. Act of 1929 amended. Carters Quarter to Blain, Talking Rock, Hinton. Section 2. Be it further enacted, That by the addition of said road on said map and the placing of said road on said road is located to receive a pro rata part of the implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the one-cent gasoline tax allocated to said counties 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. Section 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 legally to designate the road described in Section 1 of this Act, beginning at a point on Route 61 at Carters Quarter in Murray County and extending a distance of approximately 10 miles in a southwesterly direction through Murray and Gilmer Counties and into Pickens County to a point known as Blain, at which point the road forks, one fork running in a southeasterly direction a distance of approximately four miles to a point known as Talking Rock where it intersects with

Page 1049

State Route 5 in Pickens County, the other fork extending in a southwesterly direction a distance of approximately three miles to a point known as Hinton where it intersects with Route 53 in Pickens County, Georgia, as a State-aid road and when so designated to have such status and to be accorded such rights as State-aid roads heretofore adopted and designated. Authority. State-aid road. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. MUCOGEE AND CHATTAHOOCHEE COUNTIES COLUMBUS TO FORT BENNING. No. 175. An Act to amend an Act entitled Highway Mileage as same appears in Acts of the General Assembly, pages 260-268, and including map opposite page 268, of Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill. The map aforesaid being designated in said Acts of 1929 as the Traylor-Neill Map, so as to add to said map a certain road from Columbus, Muscogee County, to West Point, Troup County, through Harris County, approximately 35 miles; Providing that the said Traylor-Neill Bill be further amended by adding thereto as a State route the road from Columbus, Muscogee County, to Fort Benning, in Muscogee and Chattahoochee Counties, approximately 8 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 of Georgia until said road is formally designated as a State-aid road by the

Page 1050

State Highway Board of Georgia by appropriate action; 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 Acts of the General Assembly known as the Traylor-Neill Bill, together with a map attached thereto, as said Bill appears in the Acts of the General Assembly 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 Columbus in Muscogee County, to West Point in Troup County, through Harris County, approximately 35 miles; said road being that road known as the River Road and described as passing by Jackson's Mill, Mt. Hill School, Old Hargett Mill, Johnson Mill Justice Courthouse, a distance of approximately 35 miles. Act of 1929 amended. Columbus to West Point. Section 2. The Act of the General Assembly known as the Traylor-Neill Bill, together with the map attached thereto, as said Bill appears in the Acts of the General Assembly of 1929, pages 260-268, together with the map opposite page 268 of the 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 Columbus, in Muscogee County, to Ft. Benning in Muscogee and Chattahoochee Counties, down Lumpkin Boulevard from the end of Broad Street paving at Fourth Street in Columbus to Fort Benning, approximately seven miles distance, and the Glade Road from Cusseta Road to Bull Creek Bridge a distance of approximately 1 miles. Act of 1929 amended. Columbus to Fort Benning. Glade Road. Section 3. The addition of said map and the placing of said road on said map creates no obligation that the State Highway Department of Georgia shall be responsible for

Page 1051

maintenance on said road, nor shall the addition of said road to certain 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 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 the map showing said road thereon be filed with the Secretary of State as provided by law. Designation before obligation. Section 4. It is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate the roads described in this Act as State-aid roads, and if and when said roads are so designated by the State Highway Department, said roads shall not be considered a part of the 500 miles allowed in addition to the mileage shown on the said map as provided in the Traylor-Neill Bill. State-aid roads. No part of 500-mile addition. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1937. NEWTON, JASPER, AND PUTNAM COUNTIES. No. 290. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill map, so as to add to said map a road beginning at the Cook place four miles east of Covington, in Newton County, Georgia, and thence south to Dixie, crossing Route No. 11 at the Perry Place, and

Page 1052

thence in a direct line to and through Newborn, Broughton, Farrar, Kelly, and Machen in Jasper County; thence from Machen to Willard in Putnam County, where said road intersects State Route No. 16, being nine miles in Newton County and fifteen miles in Jasper County and five miles in Putnam County, approximately; 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 the Cook place four miles east of Covington, in Newton County, Georgia, and thence south to Dixie, crossing Route No. 11 at the Perry Place, and thence in a direct line to and through Newborn, Broughton, Farrar, Kelly and Machen in Jasper County; thence from Machen to Willard in Putnam County, where said road intersects State Route No. 16, being approximately nine miles in Newton County, and approximately fifteen miles in Jasper County, and approximately five miles in Putnam County. Act of 1929 amended. Cook place to Machen and Willard. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department

Page 1053

of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from the Cook place four miles east of Covington in Newton County, Georgia, through Dixie, Broughton, Farrar. Kelly and Machen in Jasper County, and to Willard in Putnam County where said road intersects State Route No. 16 as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 23, 1937. OCONEE AND OGLETHORPE COUNTIES. No. 418. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, page 260-268, including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill and map opposite being

Page 1054

designated in said Acts of 1929 as Traylor-Neill Map, so as to add to said map the following road to wit: Beginning at a point in the corporate limits of Watkinsville on State Route No. 24 and running in a southeasterly direction for a distance of about three-fourths mile, thence easterly and passing by Barnett Shoals, and intersecting with State Route No. 10 at a point about two miles northwest of Crawford, Georgia, and running thence along said State Route No. 10 to Lexington, Georgia, so as to connect Watkinsville, the County site of Oconee County, and Lexington, the county site of Oglethorpe County, a total distance of approximately twenty-five miles; to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance by the said 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. 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 in Oconee and Oglethorpe Counties, beginning at a point in the corporate limits of Watkinsville on State Route No. 24 and running in a southeasterly direction for a distance of about three-fourths mile, thence easterly and passing by Barnett Shoals, and intersecting with State Route No. 10 at a point about two miles north-west of Crawford, Georgia, and running thence along said State Route No. 10 to Lexington, Georgia, so as to connect Watkinsville, the county site of Oconee County, and Lexington,

Page 1055

the county site of Oglethorpe County, a total distance of approximately twenty-five miles, all of road being located in Oconee and Oglethorpe Counties Act of 1929 amended. Watkinsville to Lexington. Section 2. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road nor shall the addition of said road to said map entitle the Counties of Oconee and Oglethorpe to receive their pro rata part of the gasoline tax allocated to said counties, unless and until the 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 the map showing the said road thereon be filed with the Secretary of State as provided. Designation before obligation. Section 3. It is the purpose of this Act to give to the State Highway Department of Georgia the right and authority to legally designate the said road in Oconee and Oglethorpe Counties, Georgia, beginning at a point in the corporate limits of Watkinsville on State Route No. 24 and running in a southeasterly direction for a distance of about three-fourths miles, thence easterly and passing by Barnett Shoals, and intersecting with State Route No. 10 at a point about two miles northwest of Crawford, Georgia, and running thence along said State Route No. 10 to Lexington, Georgia, so as to connect Watkinsville, the county site of Oconee County, and Lexington, the county site of Oglethorpe County, a total distance of approximately twenty-five miles, as a State Aid road, and if and when said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. Authority. State-aid road. No part of 500-mile addition.

Page 1056

Section 4. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 30, 1937. OCONEE AND WALTON COUNTIES. No. 455. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map that particular road in Oconee and Walton Counties, Georgia, which leaves State Route No. 24 between Watkinsville, Georgia, and Bishop, Georgia, in a northwesterly direction to High Shoals, Georgia, thence to Good Hope, Georgia, entering Route 83 at Good Hope, Georgia, thence to Monroe, Georgia, approximately nineteen 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 appropriate action; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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

Page 1057

originally drawn on said map that certain road in Oconee and Walton Counties, Georgia, which leaves State Route No. 24 between Watkinsville, Georgia, and Bishop, Georgia, in a northwesterly direction to High Shoals, Georgia, thence to Good Hope, Georgia, entering Route No. 83 at Good Hope, Georgia, thence to Monroe, Georgia, a distance of approximately nineteen miles. Act of 1929 amended. From Route 24 to Monroe. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the 1-cent gasoline tax allocated to said counties 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from a point on State Route No. 24 between Watkinsville, Georgia, and Bishop, Georgia, in a northwesterly direction to High Shoals, Georgia, thence to Good Hope, Georgia, entering Route No. 83 at Good Hope, Georgia, thence to Monroe, Georgia, approximately nineteen miles, as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road.

Page 1058

Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. PAULDING AND COBB COUNTIES DALLAS-ACWORTH 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, 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 Dallas-Acworth Public Road which begins at Dallas in Paulding County and running from Dallas to Acworth in Cobb County by way of New Hope Church in Paulding County; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the 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

Page 1059

placing on said map, as fully and completely as though originally drawn on said map, said road beginning at Dallas in Paulding County, Georgia and running from Dallas in said county to Acworth in Cobb County, Georgia, by way of New Hope Church in Paulding County, Georgia. Act of 1929 amended. Dallas to Acworth. Section 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 part of the 1-cent gasoline tax allocated to said county or counties 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. Designation before obligation. Section 3. Be it enacted further, that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road; the purpose of this Act being to connect Dallas in Paulding County and Acworth in Cobb County and the New Hope Church community; 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 (500) hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. No part of 500-mile addition. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937.

Page 1060

PEACH AND CRAWFORD COUNTIES. No. 269. 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 directly from Fort Valley, the county seat of Peach County, to State Highway No. 11, said road now being known as the Houser's Mill Road and connecting with State Route No. 11 at a store known as Hi-Way Haven; also to add to said map a road leading from Byron, Peach County, to Knoxville, the county seat of Crawford County, said road now known as the Byron-Knoxville Public Road, to provide that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road or roads are 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, being the same as hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road known as the Houser's Mill Road directly from Fort Valley, the county seat of

Page 1061

Peach County to State Highway No. 11 and connecting with State Highway No. 11 at the store now known as Hi-Way Haven in said Peach County; also that road leading from the town of Byron, Peach County, to the town of Knoxville, the county seat of Crawford County, said road being approximately seventeen (17) miles in length and known as the Byron-Knoxville Public Road. Act of 1929 amended. Fort Valley to Hi-Way Haven. Byron to Knoxville. Section 2. Be it further enacted, that by the addition of said road or roads on said map and the placing of said road or roads 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 or roads nor shall the addition of said road or roads to said map entitle the county or counties in which said road or roads are located to receive its pro rata part of the one-cent gasoline tax allocated to said county as to said roads hereby added on said map, unless and until said road or roads are 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. Designation before obligation. Section 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 either or both of the roads referred to herein as a State Aid Road or Roads, and if and when said road or roads are so designated by said State Highway Department of Georgia said roads shall not be considered a part of the five hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. No part of 500-mile addition. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937.

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PEACH AND CRAWFORD COUNTIES. No. 488. 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 directly from Fort Valley, the county seat of Peach County, to State Highway number eleven, said road now being known as the Houser's Mill Road and connecting with State Route No. 11, at a store known as Hi-Way Haven; also to add to said map a road leading from Byron, Peach county, to Knoxville, the county seat of Crawford county, said road now known as the Byron-Knoxville Public Road, to provide that the addition of said roads on said map shall not require payment of gasoline tax or maintenance by the State Highway Board of Georgia until said road or roads are 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, being the same as hereby amended by adding to and placing on said map, as fully and completely as though originally drawn on said map, that certain road known as the Houser's Mill Road directly from Fort Valley, the county seat of Peach County, to State Highway No. 11 and connecting with State Highway No. 11 at the store now

Page 1063

known as Hi-Way Haven in said Peach County; also that road leading from the town of Byron, Peach County, to the town of Knoxville, the county seat of Crawford County, said road being approximately seventeen (17) miles in length and known as the Byron-Knoxville Public Road. Act of 1929 amended. Fort Valley to Hi-Way Haven. Byron to Knoxville. Section 2. Be it further enacted, that by addition of said road or roads on said map and the placing of said road or roads an 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 or roads nor shall the addition of said road or roads to said map entitle the county or counties in which said road or roads are located to receive its pro rata part of the one-cent gasoline tax allocated to said county as to said roads hereby added on said map, unless and until said road or roads are 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. Designation before obligation. Section 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 either or both of the roads referred to herein as a State Aid road or roads, and if and when said road or roads are so designated by said State Highway Department of Georgia said roads shall not be considered a part of the five hundred additional miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. No part of 500-mile addition. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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PIERCE COUNTY ADDITION. No. 260. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of 1929, pages 260-268, including map opposite page 268 of said Acts of 1929; said Act hereby amended being known as the Traylor-Neill Bill and map opposite being designated in said Acts of 1929 as Traylor-Neill Map, so as to add to said map a road beginning at a point on the east side of State Route No. 38 in the County of Pierce and opposite the rifle range of Company F, 121st infantry, Georgia National Guard, and running thence in a westerly direction to said rifle range, a distance of approximately one mile; to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance by the said 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that; Section 1. 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 Act 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 beginning at a point on the east side of State Route No. 38 in the County of Pierce and opposite the rifle range of Company F, 121st infantry, Georgia National Guard, and running thence in a westerly direction to said rifle range, a distance of approximately one mile. Act of 1929 amended. Route 38 to westward one mile.

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Section 2. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road, nor shall the addition of said road to said map entitle the County of Pierce to receive it pro rata part of the gasoline tax allocated to said county, unless and until the 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 the map showing the said road thereon be filed with the Secretary of State as provided. Designation before obligation. Section 3. 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 the east side of State Route No. 38 in the County of Pierce and opposite the rifle range of Company F, 121st infantry, Georgia National Guard, and running thence in a westerly direction to said rifle range, a distance of approximately one mile, as a State Aid road, and if and when said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid road. No part of 500-mile addition. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. RANDOLPH AND CALHOUN COUNTIES. No. 214. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as 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. 1 about one mile south of Cuthbert, in Randolph County, Georgia, and extending in a southeasterly direction through the Town of Carnegie, intersecting State Route No. 37 at Edison, Georgia, and extending to Arlington, Georgia, so as to intersect with State Route No. 45 at Arlington, Georgia, being a distance of approximately ten miles in Randolph County and fifteen miles in Calhoun 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 purpose. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 a point on State Route No. 1 about one mile south of Cuthbert in Randolph County, Georgia, and extending in a southeasterly direction through the Town of Carnegie, intersecting State Route No. 37 at Edison, Georgia, and extending to Arlington, Georgia, so as to intersect with State Route No. 45 at Arlington, Georgia, a distance of approximately ten miles in Randolph County and fifteen miles in Calhoun County. Act of 1929 amended. Route 1 to Arlington.

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Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the one-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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from a point on State Route No. 1 about one mile south of Cuthbert, in Randolph County, Georgia to Arlington, Georgia, in Calhoun County, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 18, 1937. RANDOLPH AND CLAY COUNTIES. No. 166. 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 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 Cuthbert, Randolph County, Georgia, and running from Cuthbert to Coleman in said county and from Coleman by the nearest practicable route to Fort Gaines, Georgia, in Clay County, Georgia, purpose of this Act being to connect Cuthbert and Fort Gaines, the county seats respectively of Randolph and Clay 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 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; said road beginning at Cuthbert in Randolph County, Georgia and running from Cuthbert to Coleman in said county and from Coleman by the nearest practicable route to Fort Gaines, Ga., in Clay County, Georgia, purpose of this Act being to connect Cuthbert and Fort Gaines the county seats respectively of Randolph and Clay Counties. Act of 1929 amended. Cuthbert to Fort Gaines. Section 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 part of the one-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. Designation before obligation. Section 3. Be it further enacted, that it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road; the purpose of this Act being to connect the county seat of Randolph and Clay counties; 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. No part of 500-mile addition. Section 4. Be it enacted, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1937. SCENIC HIGHWAY IN HARRIS, MERIWETHER, AND TALBOT COUNTIES. No. 366. An Act to amend an Act approved August 29, 1929 (Acts 1929, pages 260-268 inclusive), and amend an Act approved March 24, 1933 (Acts 1933, pages 176-178 inclusive), designating the highway mileage by adding additional mileage known as the Scenic Highway located

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in Harris, Meriwether, and Talbot Counties and being approximately twenty (20) miles in length beginning at Tip Top in Harris County and running along the ridge of Pine Mountain through Pine Mountain Park to Warm Springs thence to Manchester connecting Highway Route No. 41 thence to Chalybeate Springs thence to Flint River. Section 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, State highway mileage be, and the same is, hereby increased by adding thereto a road known as the Scenic Highway and located in Harris, Meriwether and Talbot Counties and being approximately twenty (20) miles in length beginning at Tip Top in Harris County and running along the ridge of Pine Mountain through Pine Mountain Park to Warm Springs, thence to Manchester connecting Highway Route No. 41, thence to Chalybeate Springs, thence to Flint River. Tip Top to Warm Springs. Section 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 road described in Section 1 as a part of the State highway system of Georgia. Section 3. Be it further enacted that said 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 the Act of 1929. Certificate. Section 4. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937.

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SCHLEY, MARION, AND WEBSTER COUNTIES. No. 240. An Act to amend an Act entitled Highway Mileage as same appears in an Act of Georgia Legislature 1929, pages 260-268, and including map opposite page 268, of said Act for 1929, being known as the Traylor-Neill Bill, and said map being designated as the Traylor-Neill Map, so as to add to said Highway Mileage and said map a road beginning at Ellaville in the County of Schley, and running in a southwesterly direction through the counties of Schley, Marion, and Webster Counties to the town of Preston, in the County of Webster, a distance of approximately twenty miles, and to provide that the addition of said road to the Highway Mileage shall not require the payment of gasoline tax or maintenance until such time as said road is formally designated as a State Aid road, 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 a certain Act of the Georgia Legislature known as the Traylor-Neill Bill, together with the map attached thereto, as said map and bill appear in the Acts of the Georgia Legislature of 1929, pages 260-268, 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 beginning at the town of Ellaville, in the County of Schley, and running in a southwesterly direction through said County of Schley, the County of Marion, and the County of Webster, to and ending at the town of Preston, in the County of Webster, connecting State Aid road No. 3 and State Aid road No. 28, and that said road and mileage be, and the same is hereby, added to the Highway Mileage. Act of 1929 amended. Ellaville to Preston.

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Section 2. 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 as set out in Section 1 hereof as a State Aid road, and if and when said road is designated by the State Highway Department of Georgia, said road shall not be considered a part of the five hundred miles allowed in addition to the mileage shown on said Traylor-Neill Bill and Map. State-aid road. No part of 500-mile addition. Section 3. That there shall be no obligation upon the State Highway Department of Georgia for the maintenance of said road or for an allocation of the gas tax until said road shall be by said Highway Board designated as a State Aid road. No obligation until designated. Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 22, 1937. SCREVEN AND EMANUEL COUNTIES. No. 305. 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 Sylvania, Screven County, Georgia, at the intersection of Singleton Avenue and the road leading to Millen, Georgia, and thence along the Sylvania, Woodcliff and Rocky Ford road to the Ogeechee River and being a distance of approximately sixteen (16) miles, so as to add to said map a road in Emanuel County, Georgia,

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beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1, and extending through the towns of Stillmore, Wade and ending in the towns of Graymont-Summit, where said road connects with State Aid road No. 23, said road being a distance of approximately fifteen miles; to provide that the addition of said roads 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, a road, a distance of approximately 16 miles. Act of 1929 amended. Section 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 one-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

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said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 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 beginning in Sylvania, Screven County, Georgia, at the intersection of Singleton Avenue and the road leading to Millen, Georgia, thence along the Sylvania, Woodcliff and Rocky Ford Road to the Ogeechee River, 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. Millen to Ogeechee River. State-aid road. Section 4. 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 260-268, 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 in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State Aid road No. 23, said road being a distance of approximately fifteen miles, all of said road being located in Emanuel County, Georgia. Midway Camp to Graymont and Summit. Section 5. The addition of said map and the placing of said road on said map, creates no obligation either express or implied, that the State of Georgia or the Highway Department of Georgia shall be responsible for maintenance of said road nor shall the addition of said road to said map entitle the County of Emanuel to receive its pro rata part

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of the gasoline tax allocated to said county, unless and until the 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 the map showing the said road thereon be filed with the Secretary of State as provided. Designation. State-aid road. Section 6. 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 in Emanuel County, Georgia, beginning at a point on Federal Route No. 1, at or near Midway Camp on said State Highway No. 1 and extending through the towns of Stillmore, Wade, and ending in the towns of Graymont-Summit, where said road connects with State Aid road No. 23, said road being a distance of approximately fifteen miles, as a State Aid road, and if and when said road is so designated by the State Highway Department of Georgia, the said road shall not be considered a part of the 500 miles allowed in addition to the mileage shown on said map as provided in said Traylor-Neill Bill. No part of added 500 mileage. Section 7. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. SEMINOLE COUNTY ADDITION. No. 202. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning

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at the community known as Gopher Town in Seminole County, Georgia, at a point on the Donalsonville-Desser highway, which said highway was added to the State Highway Mileage System by an Act of the General Assembly at its 1935 session, and running thence in a southerly direction to the Bainbridge and Butler Ferry highway, which highway was added to the State Highway Mileage System by an Act of the General Assembly at its 1935 session, and ending at a point on the line between lots Nos. 49 and 106 in the fourteenth land district of Seminole County, Georgia, and being approximately ten miles, and all being in Seminole 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 the community known as Gopher Town in Seminole County, Georgia, at a point on the Donalsonville-Desser highway, which said highway was added to the State Highway Mileage System by an Act of the General Assembly at its 1935 session, and running thence in a southerly direction to the Bainbridge and Butler Ferry highway, which

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highway was added to the State Highway Mileage System by an Act of the General Assembly at its 1935 session, and ending at a point on the line between lots Nos. 49 and 106 in the fourteenth land district of Seminole County, Georgia, and being approximately ten miles, and all being in Seminole County, Georgia. Act of 1929 amended. Gopher Town to Bainbridge and Butler Ferry. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the onecent 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from Gopher Town in Seminole County, Georgia, to the Bainbridge and Butler Ferry highway, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid road. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 18, 1937.

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STEPHENS COUNTY ADDITION. No. 205. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the General Assembly of Georgia of 1929, pages 260-268, including the map opposite page 268 of said Act, being known as the Neill-Traylor Bill and map aforesaid, being designated in said Act of 1929, so as to add to said map a road beginning at a point where Currahee and Broad Streets intersect in the City of Toccoa, Stephens County, Georgia and following a southeasterly direction with Broad Street via Trogdon Furniture Factory, what is known as Crow's Store through the southeastern part of the County of Stephens via Mize, Georgia, to the Franklin County line, so as to add the total mileage of from the point in the City of Toccoa in Stephens County to the Franklin County line, to the State mileage map aforesaid; 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 until said road is formerly designated and certified into the system of State highway roads as now provided by law; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is enacted by the authority of the same, that the Acts of the General Assembly known as the Neill-Traylor Bill, together with the map attached thereto, in Acts of 1929, pages 260-268, 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, where Currahee and Broad streets intersect in the City of Toccoa, Stephens County, Georgia and following a southeasterly direction with Broad street via Trogdon Furniture Factory, which is known as Crow's Store through the southeastern part of the County of Stephens via Mize,

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Georgia, to the Franklin County line so as to add the total mileage of from the point in the City of Toccoa in Stephens County to the Franklin County line. Act of 1929 amended. Toccoa to Franklin County line. Section 2. Be it further enacted by the addition of said road and the placing of said road on the map there arises no obligation on the State of Georgia, or the Highway Department of Georgia, to maintain said road until said road thus designated shall have been certified and placed on the State Aid System, nor shall the said County of Stephens receive gasoline tax allocation on account of said road until and unless the same has been certified as a State Aid Road by the State Highway Board of Georgia as provided in the original Acts known as the Neill-Traylor Bill. Certificate before obligation. Section 3. Be it further enacted, and it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to designate and certify said road beginning at a point where Currahee and Broad streets intersect in the City of Toccoa, Stephens County, Georgia and following a southeasterly direction with Broad Street via Trogdon Furniture Factory, what is known as Crow's Store through the southeastern part of the County of Stephens via Mize, Georgia, to the Franklin County line, so as to add the total mileage of from the point in the City of Toccoa in Stephens County to the Franklin County line, as a State Aid road, in order to enable the County of Stephens to receive gasoline mileage tax thereon, and that same may become a part of the State Aid System of Public Roads in Georgia, and that the same be placed on the original map known as the Neill-Traylor Bill. State aid. Section 4. Be it further enacted, that all laws and parts of laws in conflict with this bill be and the same are hereby repealed. Approved March 18, 1937.

Page 1080

STEWART COUNTY ADDITION. No. 449. An Act to amend an Act entitled Highway Mileage as the same appears in the Acts of the Georgia Legislature of 1929, pages 260 to 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 as aforesaid being designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said map a road beginning at the intersection of Route 1 and Route 28 in the City of Lumpkin and running in a westerly direction for about sixteen miles to the Chattahoochee River near the Village of Florence; 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. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 General Assembly of Georgia of 1929, pages 260 to 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 the intersection of Route 1 and Route 28 in the City of Lumpkin and running in a westerly direction for about sixteen miles to the Chattahoochee River near the village of Florence. Act of 1929 amended. Lumpkin to Chattahoochee River. Section 2. Be it further enacted that by the addition of said road on said map and the placing of said road on

Page 1081

said map there shall arise no obligation, either express or implied, that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road, nor shall the addition of said road to said map entitle the county or county authorities in which said road is located to receive a pro rata part of the onecent 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. Designation before obligation. Section 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 legally to designate the road described in Section 1 of this Act extending from the intersection of Route 1 and Route 28 in the City of Lumpkin and running in a westerly direction for about sixteen miles to the Chattahoochee River near the village of Florence as aforesaid, as a State Aid road and when so designated to have such status and to be accorded such rights as State Aid roads heretofore adopted and designated. State-aid. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and they are hereby repealed. Approved March 30, 1937. STREETS AS PART OF STATE-AID SYSTEM. No. 387. An Act to provide that streets or parts of streets, lying within the corporate limits of municipalities of this State and forming a continuation of, or a link in, the State-aid

Page 1082

system of roads shall become a part of the State-aid system of roads for the purposes of construction and maintenance thereof by the State Highway Board from State highway funds allocated to said Board for the construction and maintenance in this State, to provide for such construction and maintenance of such streets, or parts thereof, to authorize said Board to determine and designate which of said streets, or parts thereof, form a continuation of, or link in, the State-aid system of roads in this State; to provide regulations for the construction and maintenance of such streets, or parts thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that streets, or parts of streets, lying within the corporate limits of municipalities of this State and forming a continuation of, or a link in, the State-aid system of roads of this State shall, from and after the passage of this Act, become a part of the State-aid system of roads in this State for the purposes of construction and maintenance thereof by the State Highway Board from State highway funds allocated to such Board for the construction and maintenance of roads in this State. Streets in municipalities as links in State-aid system. Section 2. Be it further enacted, that, from and after the passage of this Act, all streets, or parts of streets, which are, by this Act, made a part of the State-aid system of roads in this State shall be constructed, whenever deemed necessary by said Board, and maintained by said Board out of said highway funds, Provided that such construction and maintenance shall comply with all reasonable municipal ordinances not in conflict with the specifications, rules and regulations of the said Board as to such construction and maintenance. Construction by Highway Board. Ordinances. Section 3. Be it further enacted, That the State Highway Board shall determine and designate which of said

Page 1083

streets, or parts, thereof, shall constitute a part of the State-aid system of roads in this State for the purposes of construction and maintenance of the same; and, immediately upon such determination and designation, such Board shall notify the mayor, or other like chief executive, of each municipality of the total amount of the mileage of streets within such municipality so designated as a part of the State-aid system and what streets, or parts thereof, were so designated, and annually thereafter by the first day of January such information shall be likewise furnished. Designation by Board. Section 4. Be it further enacted, that nothing herein contained shall be construed as relieving the several municipalities of the State of the duty of maintaining their streets in a reasonably safe condition. Municipal duty not affected. Section 5. Be it further enacted, that all laws, or parts of laws, in conflict with this Act, be and the same are hereby repealed. Approved March 29, 1937. TALIAFERRO AND LEXINGTON COUNTIES. No. 254. 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 of said Acts of 1929, known as the Traylor-Neill Bill, and the aforesaid map designated in said Act of 1929 as the Traylor-Neill Map, so as to add to said State highway system and to said map a road from Crawfordville, Georgia, in the County of Taliaferro and running in a northwesterly direction to Lexington, in the County of Oglethorpe so as to connect Crawfordville, which is the county seat of Tailaferro County with a State-aid road to Lexington, which is the county seat of Oglethorpe, said counties being adjoining

Page 1084

counties, and to provide for certification of same by the Highway Department into the State Highway System of said road, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, and the approval of same, the Act known as the Traylor-Neill Bill, Acts Georgia Legislature 1929, pages 260 through 268, and the map designated in said Act as the Traylor-Neill Map be amended and same is hereby amended as fully and completely as if originally contained in said Act, by adding to said State Highway System and to said map, the following road to be a part of the State Highway System and a part of said map, to wit; Act of 1929 amended. A road beginning at Highway No. 12 at the Confederate monument in Crawfordville, thence by way of Lyneville, Carters Grover in Taliaferro county, thence to the Oglethorpe county line, thence by way of Philomath in Oglethorpe County and thence to Lexington, the county seat of Oglethorpe County, a total distance of approximately twenty eight miles. Crawfordville to Lexington. Section 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 to proceed to construct and maintain the same. Certification. Approved March 23, 1937. TELFAIR AND DODGE COUNTIES. No. 265. 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

Page 1085

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 Milan, in Telfair and Dodge Counties, to China Hill, in Telfair County, so as to connect with State-aid road No. 117; 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. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that: Section 1. 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 Milan, in Telfair and Dodge Counties, to China Hill, in Telfair County. Act of 1929 amended. Milan to China Hill. Section 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 the State of Georgia shall be responsible for any maintenance on said road nor shall the addition of said road to said map entitle the counties in which the said road is located to receive their pro rata share of the onecent gasoline tax allocated to said counties 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

Page 1086

by law and a map showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. 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 Milan, in Telfair and Dodge Counties, to China Hill, in Telfair 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 the Traylor-Neill Bill. Authority. No part of 500-mile addition. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. THOMASTON-ZEBULON ROAD. No. 270. An Act to amend an Act approved August 29, 1929 (Acts 1929, pages 260-268, inclusive) said Act having heretofore been amended and to be amended by this Act by increasing the mileage of State and System of Roads by adding additional mileage, from State Highway No. 3 (Thomaston-Zebulon Road) to Meansville, Georgia. 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 State highway mileage be, and the same is, hereby increased by adding thereto a road beginning at State Highway No. 3 (Thomaston-Zebulon Road) and running to Meansville, Georgia. Highway 3 to Meansville. Section 2. Be it further enacted, That the map showing the highway mileage between pages 268 and 269 in said

Page 1087

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-aid System of Georgia. Act of 1929 amended. Section 3. Be it further enacted, That said bill shall not have the effect of certifying said proposed road in the now State Aid System of Georgia until so certified by the State Highway Board of Georgia as provided in said Act in 1929. Certification. Section 4. Be it further enacted, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1937. TURNER TO WILCOX COUNTY ADDITION. No. 206. 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 the North City line of the City of Ashburn, Turner County, Georgia, where the Ashburn-Amboy-Davisville public road enters said city, and running through the town of Amboy and Davisville to a point where said road intersects the Turner-Wilcox County line, and being approximately twelve 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 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.

Page 1088

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That that 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 a point at or near Ashburn, Turner County, Georgia, to a point at or near the Turner-Wilcox County line. Act of 1929 amended. Ashburn to Wilcox County line. Section 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. Designation before obligation. Section 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 Ashburn, Turner County, Georgia, to a point at or near the Turner-Wilcox County line, 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

Page 1089

the mileage shown on said map as provided in said Traylor-Neill Bill. State-aid. No part of 500-mile addition. Section 4. Be it enacted that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1937. WALKER AND DADE COUNTIES. No. 415. An Act to amend an Act approved August 20, 1929 (Acts 1929, pages 260-268, inclusive) designating Highway Mileage, by adding to the System of State-Aid Roads of Georgia the following road to wit: That certain road known as the Scenic Highway commencing at the Tennessee State line on top of Lookout Mountain in Walker County and proceeding in a southwesterly direction, into Dade County and continuing in a southwesterly direction on top of Lookout Mountain to the Alabama State line, said road being approximately 40 miles in length, approximately 2 miles of which is located in Walker County, and approximately 38 miles of which is located in Dade 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 there shall be added to and made a part of the State Aid System of Highways of the State of Georgia the following described road to wit: That certain road known as the Scenic Highway commencing at the Tennessee State line on top of Lookout Mountain in Walker County and proceeding in a southwesterly direction, into Dade County and continuing in a southwesterly direction on top of Lookout Mountain to the Alabama State line, said road being approximately 40 miles in length, approximately 2 miles of

Page 1090

which is located in Walker County, and approximately 38 miles of which is located in Dade County. Lookout Mountain to Alabama line. Section 2. Be it further enacted by the authority aforesaid, That the map showing the Highway Mileage between pages 268 and 269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 3. Be it further enacted by the authority aforesaid, That this Act shall not have the effect of certifying the road described in Section 1 hereof into the State Aid System of Highways until so certified by the State Highway Board of Georgia as provided in said Act of 1929. Certification. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. WARREN AND JEFFERSON COUNTIES. No. 293. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of Georgia Legislature, page 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 Warrenton, Warren County, to a point on said State Route number..... at Wrens, Georgia, Jefferson County, a distance of approximately twenty-two (22) miles, to provide that the addition of said road to said map shall not require payment of gasoline tax or maintenance of said road by the State Highway Department until such time as the road is

Page 1091

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 authority of the General Assembly of the State of Georgia, and it is hereby enacted by the same, 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 260-268, 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 Warrenton, Warren County, through Reese, Georgia, through Bastonville, Georgia, to Wrens, Jefferson County, a distance of approximately twenty-two miles. Act of 1929 amended. Warrenton to Wrens. Section 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 express 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, or counties in which said road is located to receive its pro rata part of the first gasoline tax allocated to said county or counties 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 the Secretary of State as provided. Designation before maintenance. Section 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 Warrenton to Wrens by way of Reese and Bastonville, a distance of approximately twenty-two miles, as a State Aid Road, and if and when said road is so designated

Page 1092

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. State-aid. No part of 500-mile addition. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. WASHINGTON AND JEFFERSON COUNTIES. No. 279. An act to amend an Act approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive), designating the highway mileage, by adding to said Act and to the map attached, certain mileage in Washington County and Jefferson County, Georgia, and to provide that said road shall not require payment of gasoline tax or maintenance by State Highway Department until said road is formally designated as a State Aid Road by State Highway Board of 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 there shall be added to the State Highway Mileage as provided in an Act of the General Assembly, approved August 20, 1929 (Acts 1929, pages 260 to 268, inclusive) known as the Neill-Traylor Act, and said Act is hereby amended to include the same, the following miles of road in Washington County, Georgia, and Jefferson County, Georgia. Act of 1929 amended. (a) Approximately twenty-two (22) miles of road commencing at Sandersville, Washington County, Georgia, and running to the Jefferson County line through the town of Riddleville in said county, and running from the Jefferson County line to Bartow in said Jefferson County. Sandersville to Bartow.

Page 1093

(b) Approximately twelve miles of road commencing at the C. F. Fowler place on the Sandersville to Milledgeville highway, running by Ennis' store through Oconee, Georgia, and connecting with the Ball's Ferry highway. Fowler place to Ball's Ferry. (c) Approximately three and one-half miles of road commencing on the western side of Route 102, about three and one-half miles south of the junction of Route 102 and Route 123, and connecting with Route 123 about three and one-half miles west of said junction. Route 102 to Route 123. Section 2. Be it further enacted by the authority aforesaid, That the map opposite page 268 of said Act showing the highway mileage in said Act be and the same is hereby amended so as to add to said map the above described roads. Map. Section 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 shall arise no obligation either express or implied that the State of Georgia and the Highway Department of Georgia shall be responsible for any maintenance of said road nor shall the addition of said road to said map entitle the counties or county authorities in which said road is located to receive a pro rata part of the one-cent gasoline tax allocated to said counties 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. Designation before obligation. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937.

Page 1094

WAYNE AND APPLING COUNTIES. No. 412. An Act to increase the mileage of the State Aid System by the addition thereto of a road known as the Jesup and Lanes Bridge Road, beginning at Jesup, Georgia, and running thence in a northwesterly direction a distance of approximately twenty-five miles, connecting with State Route No. 64 at a point where the present Jesup and Lanes Bridge Road connects with State Route No. 64 about two miles southwest of Lanes Bridge, said road being approximately twenty-three miles in Wayne County and two miles in Appling County, Georgia; 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 Jesup and Lanes Bridge Road, beginning at Jesup, Georgia, and running thence in a northwesterly direction a distance of approximately twenty-five miles, connecting with State Route No. 64 at a point where the present Jesup and Lanes Bridge Road connects with State Route No. 64 about two miles southwest of Lanes Bridge, said road being approximately twenty-three miles in Wayne County and two miles in Appling County, Georgia. Jesup to Route 64. Section 2. Be it further enacted by the authority aforesaid, That the map showing the Highway Mileage between pages 268 and 269 in said Acts of 1929 be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Act of 1929 amended. Section 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,

Page 1095

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 one-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. Designation before obligation. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. WAYNE, APPLING, AND BACON COUNTIES. No. 479. An Act to increase the mileage of the State Aid System by the addition thereto of a highway described as follows: A road to be known as Alma to Jesup Road beginning at a point six miles southwest of Jesup on Route No. 38, and running a westerly direction approximately 32 miles through the village of K'ville on the Wayne County, Appling County line, continuing across lower end of Appling County and extending to and connecting with State Route No. 32 about six (6) miles east of Alma, Bacon County between Alma and Patterson on said Route No. 32. Said road to extend approximately twelve (12) miles in Wayne County, ten (10) miles in Appling County, and ten (10) miles in Bacon 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

Page 1096

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 described as follows: A road to be known as Alma to Jesup Road beginning at a point six miles southwest of Jesup of Route No. 38, and running a westerly direction approximately 32 miles through the village of K'ville on the Wayne County, Appling County line, continuing across lower end of Appling County and extending to and connecting with State Route No. 32 about six (6) miles east of Alma, Bacon County between Alma and Patterson said Route No. 32. Said road to extend approximately twelve (12) miles in Wayne County, ten (10) miles in Appling County, and ten (10) miles in Bacon County. Act of 1929 amended. Alma to Jesup Road. Section 2. Be it further enacted by the authority aforesaid, That the map showing the Highway Mileage between pages 268 and 269 in said Acts of 1929, be and the same is hereby amended so as to show on said map the road described in Section 1 hereof. Map. Section 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 pro rata part of the one-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. Designation before obligation.

Page 1097

Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. WHITE COUNTY ADDITION. No. 282. 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 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 starting about two miles west of Cleveland on No. 115 thence due west eleven miles to Route No. 43 near what is known as Jenkins Store; to provide that the addition of said road on said map shall not require the payment of gasoline tax or maintenance by the Highway Department of Georgia until said road is formally designated as a State Aid Road by the State Highway Department 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, said road beginning at a point two miles west of Cleveland on No. 115 and thence

Page 1098

due west eleven miles to Route 43 near what is known as Jenkins Store. Act of 1929 amended. Route 115 to Route 43. Section 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 part of the 1-cent gasoline tax allocated to said county or counties 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 the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it enacted further, That it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road; the purpose of this Act being to connect certain portions of White County with the county site; 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 Neill-Traylor Bill. State-aid. No part of 500-mile addition. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937. WHITE COUNTY ADDITION. No. 436. An Act to amend an Act entitled Highway Mileage as same appears in the Acts of the Georgia Legislature of

Page 1099

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 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 Mossy Creek Camp Ground through to Leaf, Georgia, by the nearest route a distance of approximately five miles; to provide that the addition of said road on said map shall not require payment of gasoline tax or maintenance by the 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 Georgia, and it is hereby enacted by authority of 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, 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, said road beginning at Mossy Creek Camp Ground through to Leaf, Georgia, by the nearest route, a distance of approximately five miles. Act of 1929 amended. Mossy Creek Camp Ground to Leaf. Section 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 part of the 1-cent gasoline tax allocated to said county or counties 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,

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showing said road thereon, be filed with the Secretary of State as now provided by law. Designation before obligation. Section 3. Be it enacted further, That it is the purpose of this Act to give the State Highway Department of Georgia the right and authority to legally designate said road; the purpose of this road being to connect certain parts of White County with the county site; 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 Neill-Traylor Bill. No part of 500-mile addition. Section 4. Be it enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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TITLE IX. SUPREME COURT AND COURT OF APPEALS. ACT. Justices Emeritus. JUSTICES EMERITUS. No. 398. An Act to create the positions of Chief Justice Emeritus, and Associate Justice Emeritus; to provide for the eligibility of persons for appointment to such positions; to provide for the method of appointment to such positions, and salaries to those holding such positions and their tenure of office; to provide that such persons holding such positions shall constitute the Advisory Appellate Council of Georgia; to provide for its duties and the duties of those holding said positions; to provide that no person shall be appointed to a vacancy on the Supreme Court to succeed any member thereof who has resigned in order to take the benefits of this Act who is in excess of sixty years of age; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That there is hereby created the position of Chief Justice Emeritus. No person shall be eligible to be appointed to said office except persons occupying the position of Chief Justice of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as Judges for more

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than ten years upon the Superior Court or the Court of Appeals, or the Supreme Court, or partly upon any one or more of said courts, but with continuous unbroken judicial service for ten years. The Governor shall appoint to such position any one eligible under the provisions of this Act, who shall advise the Governor in writing that he desires to resign from the position of Chief Justice and accept appointment as a Chief Justice Emeritus, and upon such appointment being made by the Governor the resignation shall authomatically be effective. Chief Justice Emeritus shall receive an annual salary equal to two-thirds of the salary provided by law for a Chief Justice of the Supreme Court at the time of the appointment of such Chief Justice Emeritus. Creation of position Chief Justice. Eligibility. Appointment. Resignation. Salary. Section 2. Be it further enacted by the General Assembly of the State of Georgia, That there are hereby created the positions of Associate Justices Emeritus. No person shall be eligible to be appointed to said offices except persons occupying the position of Justices of the Supreme Court of Georgia, and who have attained the age of seventy years, and who have been in continuous service as Judges for more than ten years upon the Superior Court, or the Court of Appeals, or the Supreme Court, or partly upon any one or more of said courts, but with continuous unbroken judicial service for 10 years. The Governor shall appoint to such positions any one eligible under the provisions of this Act, who shall advise the Governor in writing that he desires to resign from the position of Justice and accept appointment as Justice Emeritus, and upon such appointment being made by the Governor the resignation shall automatically be effective. The Justice Emeritus shall receive an annual salary equal to two-thirds of the salary provided by law for Justices of the Supreme Court at the time of the appointment of such Justices Emeritus. Associate. Justices.

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Section 3. Be it further enacted, That all persons appointed to any of the foregoing offices by this Act created shall hold for life. Life tenure. Section 4. Be it further enacted, That the Chief Justice Emeritus and the Associate Judge Emeritus shall constitute the Advisory Appellate Council. It shall be the duty of the Advisory Appellate Council, and of its members, to consult with the Supreme Court and the Court of Appeals, and to advise and assist each of said courts in the revision of the rules of practice of the said courts, in handling the administrative duties of the said courts, and generally in the performance of all duties now or hereafter placed upon said courts by law; Provided, however, that Advisory Appellate Council and its members shall not participate, directly or indirectly, in the decision of any cases coming before the said courts for decision. It shall also be the duty of the said Advisory Appellate Council to consult with the Attorney-General and the assistants to the Attorney-General upon legal matters when their advice and consultation is requested. It shall further be the duty of the said Advisory Appellate Council to consult with committees of the General Assembly, and to furnish advice and information to said committees of the General Assembly upon questions of law when their advice and assistance is requested. Advisory Appellate Council. Decisions. Consultations. Section 5. Be it further enacted, That there may be as many members of said Council as there are at any one time persons previously appointed and serving on said Council under this Act, added to the number otherwise eligible under this Act to be appointed. Members. Section 6. Be it further enacted, That in the event any member of the Supreme Court shall resign his position under the provisions of this Act, and the Governor's appointee to fill such vacancy is 60 years of age or over, such appointee shall not be eligible to appointment as a Justice

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Emeritus until he shall have had 15 years' unbroken active service on the Supreme Court. Resignations. Non-eligibility. Section 7. Provided, however, That any Justice or Chief Justice of the Supreme Court who offers for re-election, and is defeated in a primary or regular election, shall not be eligible to apply for or to accept appointment as Chief Justice Emeritus or as Associate Justice Emeritus, nor shall any such Justice be eligible to accept the provisions of this Act thereafter and before the expiration of the term such Justice or Chief Justice is then serving. Proviso. Section 8. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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TITLE X. SUPERIOR COURTS. ACTS. Bartow Superior CourtFour Terms. Bleckley Superior CourtThree Terms. Clinch Superior CourtThree Terms. Forsyth Superior CourtThree Terms. Peach Superior CourtThree Terms. Pickens Superior CourtTwo Terms. Stephens Superior CourtTwo Terms. Terrell Superior CourtTwo Terms. BARTOW SUPERIOR COURTFOUR TERMS. No. 45. An Act to provide for the holding of four terms of Superior Court in each year in Bartow County, in the Cherokee Judicial Circuit; to provide for the drawing of a grand and petit or trial 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 Bartow, in the Cherokee Judicial Circuit, as now provided by law. Four terms annually. Section 2. That the terms of said court shall be held in said County of Bartow, as is now provided, on the second

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Monday in January, fourth Monday in April, second Monday in July, and the fourth Monday in October, in each year. January, April, July, October. Section 3. Be it further enacted, That the judge shall draw a grand jury only for the January and July terms of said court; Provided, that the presiding judge in his discretion, may draw and require the attendance of a grand jury at the April and October terms of said court, or either of them, if the business of the court should require it, but the duties of said grand jury, at said April and October terms, shall not require them to perform any other business or service than that with which they shall be by the presiding judge especially charged. Grand jury. Section 4. Be it further enacted, That the judge of said court shall draw a petit or trial jury only for the January and July 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 petit or trial jury at the April and October terms of said court, or either of them, and that he shall draw said jury either in term time or vacation. Trial juries. Section 5. Be it further enacted by the authority aforesaid, That all writs, bills, processes, orders, summons, subp[oelig]nas, bonds, and proceedings of every kind and character now pending in or returnable to said courts shall hold good and relate to the terms of court as herein changed and fixed by this Act. Pending proceedings related. Section 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1937.

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BLECKLEY SUPERIOR COURTTHREE TERMS. No. 295. An Act to provide for the holding of three terms of the Superior Court of Bleckley County, Georgia, and for the time of holding same; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That there shall be held in each year three regular terms, of one week each, of the Superior Court of Bleckley County, Georgia. Three terms. Section 2. That the time for the holding of said terms of said court shall be on the first Monday of March, the second Monday of July, and the second Monday of November in each and every year. March, July, November. Section 3. That this Act shall become effective on the 1st day of May, 1937, and the first term of said court under this Act shall be held on the second Monday in July thereafter. Effective date. Section 4. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1937. CLINCH SUPERIOR COURTTHREE TERMS. No. 186. An Act to provide for holding three terms a year of the Superior Court of Clinch County; to prescribe the time for holding the same; to provide for grand juries to the March and October terms and the discretionary call by the presiding judge to the June term; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the approval of this Act, there shall be held in each year three terms of the Superior Court in and for the County of Clinch, the Alapaha Judicial Circuit, the State of Georgia. Three terms. Section 2. Be it further enacted by the authority aforesaid, That the terms of said court shall begin on the first Mondays in March and October and the fourth Monday in June. March, June, October. Section 3. Be it further enacted that grand juries shall be drawn for the March and October terms of said court; Provided that the presiding judge, in his discretion, may, in term time, or vacation, draw and require the attendance of a grand jury term of said court. Grand jury. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1937. FORSYTH SUPERIOR COURTTHREE TERMS. No. 185. An Act to amend an Act approved August 6, 1927, entitled An Act to provide for holding three terms a year of the Superior Court of Forsyth County, and to prescribe the time for holding the same. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 2, of an Act approved August 6, 1927, which was an Act to provide for holding three terms a year of the Superior Court of Forsyth County, and to prescribe the time for holding the same, be and the same is

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hereby amended as follows: By striking the word fourth in the fourth line of Section 2 of said Act of August 6, 1927, and inserting in lieu thereof the word third, so as to make the November term of said court to be held on the third Monday in November instead of the fourth Monday in November; so that said Section 2 of said Act approved August 6, 1927, when so amended will read: Be it further enacted by the authority aforesaid, That the term of said court shall be held on the fourth Monday in March, on the fourth Monday in August, and on the third Monday in November in each year. Act of 1927 amended. March, August, November. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1937. PEACH SUPERIOR COURTTHREE TERMS. No. 489. An Act to provide for holding three regular terms a year of the Superior Court of Peach County; to prescribe the time and length of terms for holding same; to prescribe when and how the grand jury shall be required to attend said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after July 1, 1937, there shall be held in each year three regular terms of the Superior Court for the County of Peach in the Macon Judicial Circuit. Three terms. Section 2. Be it further enacted, That the terms of said court shall begin on the first Mondays in January, May, and September in each year; and that the said regular

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terms of said court shall be held for two weeks each, unless sooner adjourned by the presiding judge. January, May, September. Section 3. Be it further enacted, That the Judge shall draw grand juries only for the January 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 a grand jury for the May term if the business of the court shall require it. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. PICKENS SUPERIOR COURTTWO TERMS. No. 22. An Act to provide for holding two 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 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 two regular terms of the Superior Court of Pickens County, Georgia, and that said regular terms shall convene on the first Monday in April and the fourth Monday in September 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,

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or either or both of said two 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 either of said two terms, unless so ordered by the presiding judge, or until adjourned by operation of law, as now provided by law. Two terms, April and September. Section 2. Be it further enacted by the authority aforesaid, That the presiding judge of said court shall draw grand juries for the April and September terms thereof, either in term time or vacation. Grand juries. Section 3. 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 April term, and all petitions, writs, bills, processes, subp[oelig]nas, 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 February 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 of said court next after the passage of this Act. Pending proceedings. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. STEPHENS SUPERIOR COURTTWO TERMS. No. 23. An Act to amend An Act to provide for holding four terms a year of the Superior Court of Stephens County; to

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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, as amended by an Act of the General Assembly approved March 22, 1935 (Georgia Laws, 1935, 321-22), by repealing so much thereof as provides for four terms a year of the Superior Court of Stephens County; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there shall be two terms of the Superior Court of Stephens County, Georgia, in the Northeastern Judicial Circuit, which terms shall begin on the second Monday in May and November in each year. May and November terms. Section 2. That grand juries shall serve at such terms as is now provided by law, except the first grand jury to be drawn and convened hereunder shall be for the November term of 1937 of said court. Grand juries. Section 3. That all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. TERRELL SUPERIOR COURTTWO TERMS. No. 296. An Act to change the time of holding the Superior Court of Terrell County from the third Mondays in May and November, in each year, to the first Mondays in June and December, in each year; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act the Superior Court of Terrell County, Georgia, shall be held on the first Monday in June and the first Monday in December, in each year, and the first term of said court

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to be held under the provisions of this Act shall be the first Monday in June, 1937. June and December terms. Section 2. Be it further enacted by the authority aforesaid, That all writs, bills, processes, orders, summons, subp[oelig]nas, bonds, and proceedings of every kind and character now pending in or returnable to said court shall hold good and relate to the term of court as herein changed and fixed by this Act; and that all jurors and witnesses drawn or summoned to attend the term of said court convening on the third Monday in May, 1937, shall be held and considered as drawn and summoned to attend said court on the first Monday in June, 1937, and shall be required to attend said court according to the terms as herein fixed. Pending proceedings. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937.

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RESOLUTIONS. Title 1. AMENDMENTS TO CONSTITUTION. RESOLUTIONS. Extraordinary Sessions of Legislature. Highway Patrol Law Enforcement. Pensions to Widows. Tax Exemption of Homesteads. Tax Levies for Assistance to Aged, Blind, and Dependents. Tax Levies for Assistance to Aged, Blind, and Dependents. Tax Levy by CountiesAdditional. Ware County Tax for Promotion Fund. Waycross Tax for Promotion Fund. Zoning and Planning Laws in Cities. Zoning and Planning Laws in Cities or Counties. Zoning and Planning Laws in Dalton. Zoning and Planning Laws in Quitman. EXTRAORDINARY SESSIONS OF LEGISLATURE. No. 7. A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the General Assembly to convene itself in extraordinary session; to provide for a limitation of time upon such extraordinary session; to provide for the

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manner in which the General Assembly may convene itself; to provide compensation for the members of the General Assembly for and during said session; and for other purposes. Be it resolved by the General Assembly of the State of Georgia: Section 1. That Paragraph 13, of Section 1, of Article 5, of the Constitution of the State of Georgia be amended by adding thereto a new paragraph to read as follows: Art. 5, Sec. 1, Par. 13, ( 2-2613). Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self-convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed. Emergency certification. Governor's call. Assembly self-convened. Period limit. Section 2. Be it further resolved, That the members of the General Assembly shall receive the same per diem and mileage during such extraordinary session as is now or may be hereafter provided. Pay.

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Section 3. Be it further resolved, That when this amendment shall be agreed to by a two-thirds vote of the members of the House, and two-thirds vote of the Senate, 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 the Constitution authorizing the General Assembly to convene itself in extraordinary session in case of emergency. All persons opposed to the adoption of said proposed amendment to the Constitution shall have written or printed on their ballots the words: Against ratification of amendment to Constitution authorizing the General Assembly to convene itself in extraordinary session in case of emergency, 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 returns 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 13, of Section 1, of Article 5, of the Constitution of the State of Georgia, and the Governor shall make a proclamation therefor as provided by law. Submission to vote. Ballots. Approved February 17, 1937. HIGHWAY PATROLLAW ENFORCEMENT. No. 35. A RESOLUTION. Proposing to the qualified voters of Georgia for ratification or rejection an amendment to Article 6, Section 6,

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of the Constitution of Georgia, so as to give jurisdiction to the Court of Ordinary to try cases arising under the Georgia State Highway Patrol' Act of 1937 in certain counties, and to give like jurisdiction to city police and municipal courts. Be it resolved by the General Assembly of Georgia: Section 1. That Article 6, Section 6, of the Constitution of Georgia be and the same is amended by adding a paragraph to be known as Paragraph 2-A as follows: Art. 6, Sec. 6, Par. 2-A, ( 2-3402-A). The Court of Ordinary shall have jurisdiction to issue warrants, try cases, and impose sentence thereon in all misdemeanor cases arising under that Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State in all counties of this State in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of the police courts of incorporated cities and municipal court judges, for offenses arising within their respective jurisdiction. Jurisdiction under highway patrol law. Section 2. The foregoing amendment shall be published in at least one newspaper in each Congressional District of this State for two months preceding the next general election held according to law, and at such general election shall be submitted to the qualified voters, qualified to vote for members of the General Assembly, for ratification or rejection. The voters desiring to vote in favor of the ratification of the amendment shall have written or printed upon their ballots For ratification of the amendment to Article 6, Section 6, Paragraph 2, of the Constitution of Georgia enlarging the jurisdiction of Courts of Ordinary, municipal courts and police courts. The voters desiring to vote against the ratification of the amendment shall have written or printed upon their ballots, Against ratification of the amendment to Article 6, Section 6, Paragraph 2, of the Constitution of Georgia enlarging the jurisdiction

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of Courts of Ordinary, municipal courts and police courts. Should a majority of the qualified voters voting at said election vote in favor of ratification of the amendment, the Governor shall make proclamation thereof, and the foregoing amendment shall become a part of Article 6, Section 6, of the Constitution of this State as Paragraph 2-A thereof. Submission. Ballots. Proclamation. Approved March 30, 1937. PENSIONS TO WIDOWS. No. 40. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, providing how and for what purposes taxation may be exercised by amending the said article, section, and paragraph, so that provisions may be made for the payment of pensions to widows of Confederate soldiers who were married to such soldiers prior to the first day of January, 1920. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 1, Paragraph 1, of the Constitution of Georgia providing: Art. 7, Sec. 1, Par. 1, ( 2-4901). The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes, only: For the support of the State Government and the public institutions: For educational purposes in instructing children in the elementary branches of an English education only.

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To pay the interest on the public debt. To pay the principal of the public debt. To suppress insurrection, to repel invasion, and defend the State in time of war. To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disabled or permanently injured in such service, or who may by reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband. To make provisions for the payment of pensions to any ex-Confederate soldier, residing in this State January 1, 1920, who enlisted in the military service of the Confederate States during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and was honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State, who died in said military service, or were honorably discharged therefrom, who were married prior to January 1, 1881. No widow of a soldier killed during the war shall be deprived of her

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pension by reason of having subsequently married another veteran who is dead, unless she is receiving pension on account of being the widow of such second husband. Any soldier doing service in the Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension. To construct and maintain a system of State Highways be and the same is hereby amended by striking therefrom the year 1881 and substituting in lieu thereof the year 1920 so that Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, when amended, will read as follows: The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes, only: For the support of the State government and the 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 the principal of the public debt. To suppress insurrection, to repel invasion, and defend the State in time of war. To supply the soldiers who lost a limb or limbs, in the military service of the Confederate States, with substantial artificial limbs, during life; and make suitable provisions for such Confederate soldiers as may have been otherwise disable or permanently injured in such service, or who may, be reason of age and poverty, or infirmity and poverty, or blindness and poverty, be unable to provide a living for themselves, and for the widows of such Confederate soldiers as may have died in the service of the Confederate

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States, or since, from wounds received therein, or disease contracted in the service, or who, by reason of age and poverty, or infirmity and poverty, or blindness and poverty, are unable to provide a living for themselves: Provided, that the Act shall only apply to such widows as were married at the time of such service, and have remained unmarried since the death of such soldier husband. To make provisions for the payment of pensions to any ex-Confederate soldier, residing in this State January 1, 1920, who enlisted in the military service of the Confederate States during the Civil War between the States of the United States, and who performed actual military service in the armies of the Confederate States or of the organized militia of this State and was honorably discharged therefrom; and to widows now residents of this State, of ex-Confederate soldiers who enlisted in the military service of the Confederate States and who performed actual service in the armies of the Confederate States or of the organized militia of this State, who died in said military service, or were honorably discharged therefrom, who were married prior to January 1, 1920. No widow of a soldier killed during the war shall be deprived of her pension by reason of having subsequently married another veteran who is dead, unless she is receiving pension on account of being the widow of such second husband. Any soldier doing service in the Confederate army, whether he belonged to the Confederate army or whether he belonged to the militia of any Confederate State and served with the Confederate army, shall be eligible to draw a pension. Widows included who married before 1920. To construct and maintain a system of State highways. Section 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

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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 7, Section 1, Paragraph 1, of the Constitution of Georgia providing that the power of taxation shall be exercised for the payment of pensions to widows of Confederate soldiers who were married prior to January 1, 1920. The voters voting against the ratification of the amendment shall have written or printed upon their ballots, Against ratification of the amendment to Article 7, Section 1, Paragraph 1, of the Constitution of Georgia, providing that the power of taxation shall be exercised for the payment of pensions to widows of Confederate soldiers who were married prior to January 1, 1920. 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. Ballots. Proclamation. Approved March 29, 1937. TAX EXEMPTION OF HOMESTEAD. No. 362. A RESOLUTION. Proposing to the qualified voters of Georgia for ratification or rejection of an amendment to Article 7, Section 2, of the Constitution of Georgia exemption from all ad valorem taxation, except special assessments and taxation, for any existing bonded indebtedness, and homestead not exceeding $2,000.00 in value; and to provide that the General Assembly may from time to time, as the condition of fiscal affairs of the State, counties, or schools may

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warrant, lower said exemption to not less than $1,250.00. Resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 2, of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to be numbered Paragraph 7, and to read as follows: Art. 7, Sec. 2, new Par. 7, ( 2-5007). Beginning January 1, 1938, there shall be exempted from all ad valorem taxation for State, county, and school purposes the homestead of each resident of this State actually occupied by the owner as a residence and homestead, to the value of $2,000.00, and only so long as actually occupied by the owner primarily as such, with the exception of taxation to pay interest on and retire bonded indebtedness. Such value to be determined in such manner and according to such rules and regulations as may be prescribed by law. That the General Assembly may from time to time, as the condition of fiscal affairs of the State, counties, or schools may warrant, lower said exemption to not less than $1,250.00. Exemption. Except for interest on bonded debt. May be lowered. Section 2. This amendment shall be published in one or more newspapers in each Congressional District for two months previous to the time of holding the next general election, and shall be submitted to the qualified voters of Georgia for ratification or rejection at the next general election. Those desiring to vote in favor of the ratification of said amendment shall have written or printed upon their ballots the words: For ratification of the amendment of Article 7, Section 2, of the Constitution of Georgia exempting homesteads from taxation; those desiring to vote against the ratification of said amendment shall have written or printed on their ballots the words: Against ratification of the amendment of Article 7, Section 2, of the Constitution of Georgia, exempting homesteads from taxation. If at the next general election a majority of those voting shall vote in favor of the ratification of this amendment,

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upon consolidation and ascertainment of the result as provided by law, the same shall become a part of Article 7, Section 2, of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law. Submission. Ballots. Proclamation. Section 3. All laws and parts of laws in conflict with this resolution are hereby repealed. Approved March 30, 1937. TAX LEVIES FOR ASSISTANCE TO AGED, BLIND, AND DEPENDENTS. No. 10. A RESOLUTION. Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 2, Section 6, Article 7, of the Constitution of Georgia so as to provide authority to the counties to levy a tax for the purpose of paying old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits to be administered by the State Department of Public Welfare, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 1, Section 6, Article 7, of the Constitution of Georgia be and the same is hereby amended by adding at the end of said paragraph the following language: To provide for payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized who does

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not qualify for such assistance in every respect in accordance with enactments of the General Assembly which may be in force and effect prescribing the qualifications for beneficiaries hereunder. Art 7, Sec. 6, Par. 2, ( 2-5402). Assistance to aged persons qualified. Section 2. 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 it 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 to be held on the Tuesday after the first Monday in June, 1937, and at said 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 2, Section 6, Article 7, of the Constitution providing for assistance to the aged, needy blind, and dependent children and other welfare benefits. 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 2, Section 6, Article 7, of the Constitution providing for assistance to the aged, needy blind, and dependent children and other welfare benefits. And if the majority of the electors qualified to vote for members of the General Assembly voting theron shall vote for ratification thereof, when the returns shall be consolidated as now required by law in elections for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted and make proclamation of the 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. Ballots. Proclamation.

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Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 18, 1937. TAX LEVIES FOR ASSISTANCE TO AGED, BLIND, AND DEPENDENTS. No. 61. A RESOLUTION. Proposing to the qualified voters of the State of Georgia for ratification or rejection, an amendment to Paragraph 1, Section 1, Article 7, of the Constitution of Georgia, so as to provide for payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children, and other welfare benefits to be administered by the State Department of Public Welfare; and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 1, Section 1, Article 7, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: To authorize the levy of taxes for, and to make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits, provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder; Provided no indebtedness against the State shall

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ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder. Art. 7, Sec. 1, Par. 1, ( 2-4901). Tax-levy for old-age assistance. Section 2. 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, to be held on the Tuesday after the first Monday in June, 1937, and at said 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 1, Section 1, Article 7, of the Constitution, providing assistance to the aged, needy blind, and dependent children and other welfare benefits. 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 1, Section 1, Article 7, of the Constitution, providing for assistance to the aged, needy blind, and dependent children and other welfare benefits. Submission. Ballots. 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 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. Proclamation.

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Section 3. That any and all provisions of law and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved February 26, 1937. TAX LEVY BY COUNTIESADDITIONAL. No. 38. A RESOLUTION Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, giving the right to any county to levy a tax for the purpose of paying county agricultural and home demonstration agents, and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, which provides the purposes for which counties may levy taxes be and the same is hereby amended by adding at the end of said section of said paragraph, after the clause and for the collection and preservation of records of birth, death, disease and health, the following words, and to pay county agricultural and home demonstration agents, so that Article 7, Section 6, Paragraph 2, of the Constitution of Georgia will read as follows: Paragraph 2 taxing power of counties limited. The General Assembly shall not have power to delegate to any county the right to levy a tax for any purpose, except for educational purposes; to build and repair the public buildings and bridges; to maintain and support prisoners; to pay sheriffs and coroners, and for litigation, quarantine, roads and expenses of courts; to support paupers and pay debts heretofore existing; to pay the county police, and to provide for necessary

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sanitation, and for the collection and preservation of records of birth, death, diseases, and health, and to pay county agricultural and home demonstration agents. Art. 7, Sec. 6, Par. 2, ( 2-5402). Agricultural and home demonstration agents. Section 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 the 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 7, Section 6, Paragraph 2, of the Constitution of Georgia providing that counties may levy a tax to pay county agricultural and home demonstration agents. Voters voting against the ratification of the amendment shall have written or printed upon their ballots, against ratification of the amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia providing that counties may levy a tax to pay county agricultural and home demonstration agents. 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. Ballots. Proclamation. Approved March 30, 1937. WARE COUNTY TAX FOR PROMOTION FUND. No. 13. A RESOLUTION. Proposing to the qualified voters of the State of Georgia, for ratification or rejection, an amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia,

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authorizing Ware County to levy a tax not to exceed one mill, on all of the taxable property in the county, for the purpose of creating and setting aside a fund to be used in assisting, promoting, and encouraging the location of new industries in Ware County; and authorizing the county officers in charge of the physical affairs of the county to select a board of citizens from the county to sit with them and advise with them respecting the use, employment, and distribution of such funds. Be it resolved by the General Assembly of Georgia: Art. 7, Sec. 6, Par. 2, ( 2-5402). Section 1. That Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, be amended as follows: Provided, however, that Ware County is authorized to lexy a tax in addition to those already provided for by law, not to exceed one mill, on all the taxable property in the county, for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting, promoting, and encouraging the location of new industries in Ware County; and the county officials of said county are authorized to select a committee of citizens of the county to set with them and advise with them in the handling and disbursement of such funds for the purposes stated. Fund to promote industries. Section 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 in favor of the ratification of the amendment shall have written or printed on their ballots, For the amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill to be used in locating new industries therein; and all persons voting against the ratification of

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the amendment shall have written or printed on their ballots, Against the amendment to Article 7, Section 6, Paragraph 2, of the Constitution of Georgia, authorizing Ware County to levy a tax not to exceed one mill to be used in locating new industries therein. 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 said amendment shall become a part of Article 7, Section 6, Paragraph 2, of the Constitution of Georgia. Submission. Ballots. Proclamation. Approved February 23, 1937. WAYCROSS TAX FOR PROMOTION FUND. No. 34. A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax not to exceed one mill for the purpose of raising a fund which may be set aside, appropriated, and used by the City of Waycross in assisting, promoting, and encouraging the location of new industries therein. Be it resolved by the General Assembly of Georgia: Section 1. That Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, be and the same is hereby amended by adding at the end of said paragraph the following language: Provided, however, that the City of Waycross, in Ware County, is authorized to levy a tax on all of the taxable property therein, not to exceed one mill, for the purpose of securing a fund to be set aside, used and appropriated by the City of Waycross in assisting, promoting, and encouraging the location of new industries

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therein. Said tax and appropriation being in addition to those now authorized by law. Art. 7, Sec. 6, Par. 1, ( 2-5401). Fund to promote industries. Section 2. This amendment shall be published in some newspaper in each Congressional District for two months before the next general election, and at the next general election it shall be submitted to the qualified voters of Georgia for ratification or rejection. Those desiring to vote in favor of ratification of the amendment shall have written or printed on their ballots the words, For ratification of the amendment to Article 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax and appropriate money for securing new industries. 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 7, Section 6, Paragraph 1, of the Constitution of Georgia, authorizing the City of Waycross to levy a tax and appropriate money for securing new industries. 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 7, Section 6, Paragraph 1, of the Constitution of Georgia, and the Governor shall make proclamation thereof as provided by law. Submission. Ballots. Proclamation. Approved March 29, 1937. ZONING AND PLANNING LAWS IN CITIES. No. 39. A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia, authorizing the Cities of Forsyth, Milledgeville,

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Cordele, Carrollton, Eastman, Fort Valley, and McRae to pass and enforce zoning and planning laws for said cities; 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 word Moultrie in line six the words Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, McRae, and by adding after the word Moultrie in line 16 the words Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, and McRae, 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, Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, and McRae, 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 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, Rome, Darien, Dublin, Decatur, Valdosta, Newnan, Thomaston, and East Thomaston, Moultrie, Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley, and McRae, and cities having a

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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. Art. 3, Sec. 7, Par. 25, ( 2-1825). Added cities. Section 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 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, Article 3, of the Constitution of the State of Georgia, authorizing the Cities of Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley and McRae, 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 Cities of Forsyth, Milledgeville, Cordele, Carrollton, Eastman, Fort Valley and McRae 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. Ballots. Proclamation. Approved March 31, 1937.

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ZONING AND PLANNING LAWS IN CITIES OR COUNTIES. No. 37. A RESOLUTION. Proposing to the qualified voters of Georgia an amendment to Article 3, Section 7, of the Constitution of said State, by adding thereto an additional paragraph numbered 26, which shall authorize the General Assembly of said State to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the 1930 Federal census or any future census, authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements of real estate therein. The General Assembly is given general authority to authorize said municipalities to pass zoning and planning laws. Be it resolved by the General Assembly of Georgia: Section 1. That Article 3, Section 7, of the Constitution of Georgia, be amended by adding thereto the following paragraph to be numbered Paragraph 26, to wit: Paragraph 26. The General Assembly of the State shall have the authority to grant to the governing authorities of any city or county in this State having a population of 1,000 or more, according to the Federal census of 1930 or any such future census, the authority to pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and to regulate the use for which said zones or districts may be set apart and to regulate the

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plans for development and improvement of real estate therein. Art. 3, Sec. 7, add. Par. 26, ( 2-1826). Zoning in cities and counties. Section 2. Be it further enacted by the authority aforesaid, That when said amendment shall be agreed to by two-thirds vote of the members elected to each House, it shall be entered upon the Journal of each House, with the ayes and nayes thereon, and published in one or more newspapers in each Congressional District of this State for two months prior to the time for holding the next general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words: For ratification of amendment to Article 3, Section 7, by adding Paragraph 26, authorizing the Legislature to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the Federal census of 1930 or any such future census the authority to pass zoning and plannings laws, and all persons opposed to the addition of said amendment shall have written or printed on their ballots the words: Against ratification of amendment to Article 3, Section 7, by adding Paragraph 26, authorizing the Legislature to grant to the governing authorities of any city or county in this State having a population of 1,000 or more according to the Federal census of 1930 or any such future census, the authority to pass zoning and planning laws, and if a majority of the said electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for the ratification thereof when the results shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article 3, Section 7, of the Constitution of this State, and the Governor shall make proclamation thereof as provided by law. Submission. Ballots. Proclamation. Approved March 30, 1937.

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ZONING AND PLANNING LAWS IN DALTON. No. 33. 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 Dalton to pass and enforce zoning 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 word Moultrie wherever it appears in said paragraph the word, Dalton, 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, Dalton, 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 and 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,

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Decatur, Valdosta, Newnan, Thomaston and East Thomaston, Moultrie, Dalton, 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. Art. 3, Sec. 7, Par. 25, ( 2-1825). Dalton added. Section 2. Be it further resolved, That when said amendment shall be agreed upon 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 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 ballots the words, For ratification of amendment to Paragraph 25, Section 7, Article 3, of the Constitution of the State of Georgia, authorizing the City of Dalton to pass and enforce zoning laws, and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words, Against the amendment to Paragraph 25, Section 7, Article 3, of the Constitution of the State of Georgia, authorizing the City of Dalton to pass and enforce zoning; 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, Article 3, of the Constitution of the State of Georgia, and the Governor shall make a proclamation thereof as provided by law. Submission. Ballots. Proclamation. Approved March 29, 1937.

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ZONING AND PLANNING LAWS IN QUITMAN. No. 36. A RESOLUTION. Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State, authorizing the City of Quitman in the County of Brooks, to pass and enforce zoning and planning laws for said city and for other purposes. Be it resolved by the General Assembly of Georgia: Section 1. That Paragraph 25, of Section 7, of Article 3, of the Constitution of the State of Georgia, as published in the Code of Georgia of 1933, be amended by adding after the word Valdosta in line five the word Quitman, and by adding after the word Valdosta in line 15 the word Quitman, 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 City of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Quitman, Newnan, Thomaston and East Thomaston, and cities having a population of 25,000 or more inhabitants according to the United States census of 1920 or any future census, authority to pass zoning and planning laws whereby such cities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvement of real estate therein. The General Assembly is given general authority to authorize the Cities of Atlanta, Savannah, Macon, Augusta, Columbus, LaGrange, Brunswick, Waycross, Albany, Athens, Rome, Darien, Dublin, Decatur, Valdosta, Quitman, Newnan, Thomaston and East Thomaston, and cities having a

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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. Art. 3, Sec. 7, Par. 25, ( 2-1825). Quitman added. Section 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 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 ballots 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 Quitman 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 Quitman 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. Ballots. Proclamation. Approved March 30, 1937.

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PART II.LOCAL AND SPECIAL LAWS.

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TITLE I. CITY, COUNTY, AND MUNICIPAL COURTS. ACTS. Atlanta Municipal CourtDeKalb SectionAmendment. Atlanta Municipal Court Judges' Salaries. Blacksher City CourtAccusations. Blairsville City Court Established. Blakely City Court Terms, etc. Brunswick City CourtElections of Judge and Solicitor. Brunswick City Court Salaries. Cairo City Court Judge's Salary. Cartersville City CourtAmendments. Clinch County Court Abolished. Colquitt County City Court Solicitor's Salary. Gwinnett City Court Established. Jonesboro City CourtPractice. Lyons City CourtAmendments. Macon Municipal CourtAmendments. Oglethorpe City CourtElection of Judge and Solicitor. Quitman City Court Accusations. Quitman City CourtJuries. Savannah Municipal CourtAmendments. Soperton City Court SalariesSolicitor's Qualification. Statesboro City Court Solicitor's Salary. Statesboro City Court Solicitor's Salary. Stephens County City Court Established. Stephens County City Court Act Amended. Swainsboro City Court Salaries. ATLANTA MUNICIPAL COURTDEKALB SECTIONAMENDMENT. No. 161. An Act to amend an Act establishing the Municipal Court of Atlanta, DeKalb Section, approved August 20, 1913

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(Acts of 1913, page 147), and Acts amendatory thereto, approved August 15, 1927 (Acts 1927, page 383), and an Act approved August 1, 1929 (Acts 1929, page 367), so as to repeal Section 9(c) of the 1927 Act, page 386, and Subsections (a) and (b) of Section 2 of the Act of 1929, page 368, and to amend Section 9(a), Acts of 1927, page 385, so as to increase the jurisdiction of said court in amounts sued for; and to provide for trial by a jury, and new trials and appeals; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, Section 9(c) of the Acts of 1927, page 368, approved August 15, 1927, providing for appeals to a jury in the DeKalb Section of said court, shall be repealed. Act of 1927, page 368, Sec. 9(c), repealed. Section 2. 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 said 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, the judge of said court shall have the right, on his own motion and in his discretion, to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or may refer any issue of fact to a jury for the rendering of a special 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

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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. Demand for trial. Waiver. Judge's discretion. Demand. No waiver. Section 3. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, in all cases tried in said court before the judge without the intervention of a jury, either party being dissatisfied with the judgment therein may make an oral motion for a new trial then and there, which may be heard by the judge presiding instanter, or at a subsequent date to be fixed by the judge. Oral motion for new trial. (b) Upon the rendition of a verdict by a jury in said court either party to said cause or his counsel may make an oral motion then and there for a new trial in said court, and said motion may be heard instanter, or at some future date as the court in its discretion may set for the hearing of said motion, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any ground, there shall be no appeal from such judgment granting the new trial, and the case shall stand for new trial de novo. Hearing. No appeal from grant. (c) Should the judge decline to grant a new trial on said motion, he shall pass an order to that effect; then the movant or complaining party may appeal to the Superior Court of DeKalb County for writ of certiorari, that said judgment may be reviewed. Certiorari. (d) New trials may be granted in the DeKalb Section of the Municipal Court of Atlanta on the same grounds upon which new trials may be granted in the Superior Courts of this State. New trials. Section 4. Be it further enacted by the authority aforesaid, That from and after the passage of this Act Section

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9(a) of the Acts of 1927, page 385, be and the same is hereby amended by striking therefrom the following language: does not exceed five hundred ($500.00) dollars as contained in the 22nd line of said Paragraph 9(a), and inserting in lieu thereof, does not exceed one thousand $1,000.00, so as to increase the jurisdiction of said court in amounts sued for from five hundred ($500.00) dollars to one thousand ($1,000.00) dollars exclusive of interest, costs, and attorneys' fees. So that said section shall read as follows: Act of 1927, page 385, Sec. 9(a), amended. The DeKalb Division of the Municipal Court of Atlanta shall have all the jursidiction as to subject-matter now exercised by justices of the peace and justice courts in Georgia, and in addition thereto shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or the reputation, concurrent with the Superior Courts, including not only such suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the Superior Courts of this State, or justice courts, either under the common law or by statute, including, among others, attachments and garnishment proceedings, illegalities, counter-affidavits to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal property, possessory warrants, and other like proceedings and processes wherein the principal sum sworn to, sued for, or claimed to be due, exclusive of interest, costs, and attorney's fees, or the value of the property, sued for, does not exceed one thousand ($1,000.00) dollars, and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are now defined in Chapters 64-1, 64-2 and 64-3 of the Code of 1933; and the practice

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and procedure shall be and remain the same as that now in vogue in the justice courts in the State of Georgia, except as set out in Subsection 9(b) of the Acts 1927 and Section 2 of this Act. Jurisdiction amount increased. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 17, 1937. ATLANTA MUNICIPAL COURTJUDGES' SALARIES. No. 156. An Act to amend an Act entitled Atlanta, City of, Municipal Court established, which said Act was approved August 13, 1913, and appears in the Acts of 1913, page 145, et sequentia, and specifically to amend Section 16 of the Acts of 1935, beginning at page 500 and appearing on page 505, by striking said Section 16 and substituting in lieu thereof a new Section 16; and to fix the salaries of the judges of the Municipal Court of Atlanta, Fulton Section, requiring the treasurer of said county to pay said sums as a part of the court expenses of said 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 Section 16 of the Act of 1935, appearing on page 505, be and the same is hereby stricken, and in lieu thereof a new section is substituted to be known as Section 16, as follows: Act of 1935, new Sec. 16. Section 16. The annual salary of the chief judge of said Municipal Court of Atlanta, Fulton Section, shall be eighty-four hundred ($8400.00) dollars, which is the present

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salary of the chief judge; the annual salary of the other or associate judges of said court shall be seventy-five hundred ($7500.00) dollars, which is the present salary of the associate judges; said salaries shall be paid in equal monthly installments upon warrants approved by the chairman of the Board of County Commissioners of Roads and Revenues of Fulton County and drawn upon the County Treasurer of Fulton County, said sums to be paid as a part of the court expenses of said county. Salaries. How payable. Section 2. It is further enacted by the authority aforesaid, That this Act shall go into effect immediately upon the passage and approval thereof. Effective on approval. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1937. BLACKSHEAR CITY COURTACCUSATIONS. No. 343. An Act to amend Section 31 of the Act establishing the City Court of Blackshear in and of the County of Pierce, defining its jurisdiction, providing for the appointment of a judge, solicitor, and other officers thereof, defining their powers and duties and providing for the pleading and practice therein (said Section 31 dealing with the trial of defendants in criminal cases on written accusations), so as to provide that such written accusations shall be filed five days before the trial of the case, unless waived; and for other purposes. be it enacted by the General Assembly of Georgia: Section 1. That Section 31 of the Act establishing the City Court of Blackshear, approved August 15, 1911, as

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published in Georgia Laws 1911, page 210-229, which section deals with the trial of defendants in criminal cases on written accusations, be and the same is hereby amended by inserting between the words accusations and setting in line three of said section the words filed with the clerk of said court at least five days before trial, unless such filing shall be waived, so that said section as amended shall read as follows: Act of 1911 amended. Section 31. Be it further enacted by the authority aforesaid, That defendants in criminal cases in said court shall be tried on a written accusation filed with the clerk of said court at least five days before trial, unless such filing shall be waived, setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said City Court, and in all criminal cases within the jurisdiction of said City Court the defendant shall not have the right to demand an indictment by the grand jury of Pierce County. All the proceedings after accusations shall conform to the rules governing like cases in the Superior Court, except there shall be no jury trials unless demanded by the accused as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Court. Filing five days before trial. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1937. BLAIRSVILLE CITY COURT ESTABLISHED. No. 180. An Act to establish the City Court of Blairsville in and for the County of Union; to define its jurisdiction and

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power; to designate the first judge and solicitor and to provide for the election of a judge and solicitor to succeed said judge and solicitor so designated, and other officers; to define the powers and duties of the judges and other officers thereof and to fix their compensation; to provide for rules of practice and procedure in said court; to provide for new trials and writs of error therefrom; and to provide for the transfer of certain cases to said City Court of Blairsville from the Superior Court of Union County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the City Court of Blairsville, to be located in the County of Union, in the City of Blairsville, is hereby established and created, with civil and criminal jurisdiction of the whole County of Union, concurrent with the Superior Court, to try and dispose of all civil cases of whatever nature wherein the principal claimed or involved is more than fifty ($50.00) dollars, and does not exceed twenty-five hundred ($2500.00) dollars, except those of which the Constitution of this State has given the Superior Court exclusive jurisdiction and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in the County of Union. That the jurisdiction herein conferred shall include not only the ordinary suits and proceedings that now or may hereafter be in use in the Superior Court, either under the common law or statutes, including, among others, attachment and garnishment proceedings, claims to personalty, illegalities, counter-affidavits to any proceedings in said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, issue upon distress warrants, trover and bail-trover, foreclosure of all liens and mortgages upon personalty, habeas corpus proceedings, and quo warranto. The judge of said City Court shall have power to issue writs of habeas corpus, and to hear and dispose of the

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same in the same way and with the same power as the judge of the Superior Court. Establishment. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, That there shall be a judge of said City Court of Blairsville, who shall be appointed and commissioned by the Governor, and whose term of office shall expire on the 31st day of December, 1938, when his successor is elected and qualified. His successor as judge of said City Court shall be elected by the qualified voters of Union County at the regular election to be held on Tuesday after the first Monday in November, 1938, or at such other time as the regular election is held for State officers in said year of 1938, and once every four years thereafter, whose term of office shall be for four years, and all vacancies in said office of judge of said court shall be filled by appointment of and commissioned by the Governor of said State, whose terms shall be for the remainder of the unexpired term. Judge. Election. Term. Section 3. Be it further enacted by the authority aforesaid, That the judge of said City Court of Blairsville shall receive a salary of six hundred ($600.00) dollars per annum, and shall be paid monthly out of the funds arising from the fines and forfeitures of said court, as hereinafter provided. The judge of said City Court shall as such receive no other compensation, but may practice law in any court, except the City Court of Blairsville, and may hold any other office or offices except those which he is expressly prohibited by law from holding. Salary. Section 4. Be it further enacted by the authority aforesaid, That no one shall be eligible for the office of said judgeship unless he shall at the time of qualification be at least 25 years old, a resident of Union County, Georgia, for at least three years immediately preceding his election or appointment, and must have practiced law at least two years before his qualification. He shall immediately before entering upon the duties of his office take the following

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oath: I solemnly swear that I will administer justice without respect to persons, and do equal rights to poor and rich, and I will faithfully and impartially discharge all duties which may be required of me as judge of the City Court of Blairsville according to the best of my ability and understanding, agreeable to the laws and Constitution of this State, of the United States, so help me God, which oath shall be filed in the Executive Department. Eligibility. Oath. Section 5. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said City Court of Blairsville, that the first solicitor shall be appointed and commissioned by the Governor and whose term of office shall expire on the 31st day of December, 1938, when his successor is elected and qualified. His successor as solicitor of said court shall be elected by the qualified voters of Union County at the regular election to be held on Tuesday after the first Monday in November, 1938, or at such other time as the regular election is held for State officers in said year 1938, and once every four years thereafter, and all vacancies in said office of solicitor of said court shall be filled by appointment and commissioned by the Governor of the State, whose term shall be for the remainder of the unexpired term. The duties of the solicitor of said City Court shall be to prosecute for all offenses cognizable before said City Court, and shall perform such other duties as usually pertain to the office. Solicitor. Election. Term. Section 6. Be it further enacted by the authority aforesaid, That the salary of the solicitor of said City Court shall be six hundred ($600.00) dollars per annum, and shall be paid monthly out of the funds arising from fines and forfeitures of said court as hereinafter provided. Said solicitor shall receive, for representing the State in the Appellate Courts of the State, the same compensation now paid by the State to solicitor-general of Superior Court for like services, said fees to be paid by the State in the same manner that the same are now paid solicitor generals. Salary.

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The solicitor of said City Court shall, as such, receive no other compensation, but may practice law in any court or courts and may hold any other office or offices, except those which he is expressly prohibited by law from holding. Section 7. Be it further enacted by the authority aforesaid, That no person shall be eligible for office of solicitor of said City Court of Blairsville unless he shall have arrived at the age of 21 years at the time of his qualification, and shall have been a bona fide resident of Union County for at least two years immediately preceding his election or appointment, and shall be actively engaged in the practice of the profession of law. Said solicitor, before entering upon the duties of his office, shall take and subscribe to the following oath: I do solemnly swear that I will faithfully and impartially, and without favor or affection, discharge my duties as solicitor of the City Court of Blairsville, so help me God. If for any reason the solicitor shall be absent or disqualified to act in any case, the court shall appoint a solicitor pro tempore, who shall be paid by the solicitor from his salary. Eligibility. Oath. Section 8. Be it further enacted by the authority aforesaid, The clerk of the Superior Court of Union County shall be clerk of the City Court of Blairsville, and the said clerk shall, before entering upon his duties of the office, take and subscribe to an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered upon the book of minutes of said City Court. He shall also have power to appoint a deputy clerk with the consent of the judge of said court. Clerk. Deputy. Section 9. Be it further enacted by the authority aforesaid, That the sheriff of Union County shall be the sheriff of the City Court of Blairsville. Before entering upon the discharge of his duties of the office of sheriff of said City Court, said sheriff shall execute a bond with good security for the sum of one thousand ($1,000.00) dollars for the

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faithful discharge of the duties of his office. He shall have power to appoint a deputy or deputies with the consent of the judge of said court. It shall be the duty of the judge of said court to approve the bond given by the sheriff. The bond shall be in the same form as the usual bond given by the sheriff, and shall be filed with the ordinary of said county. Any deputy or deputies that said sheriff may have or may hereafter have shall also be deputy sheriffs of said City Court. The sheriff of said City Court is authorized, with the approval of the judge of said court, to appoint at each term of court not exceeding two bailiffs as officers of said court, who shall receive for their services the same compensation paid bailiffs in the Superior Court. Sheriff. Bond. Bailiffs. Section 10. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the duties of the office of clerk of the Superior Court and to the office of sheriff of Superior Court shall attach to the office of clerk and the sheriff of the City Court of Blairsville, respectively; and that the judge of the City Court of Blairsville is empowered to enforce the same authority over the clerk and sheriff of said City Court and their deputies as is exercised by the judge of Superior Court over the clerk of the Superior Court and the sheriff of the Superior Court of Georgia. Duties and powers. Section 11. Be it further enacted by the authority aforesaid, That the clerk of the City Court of Blairsville shall be paid the same fees as are allowed the clerks of the Superior Court for like services, and the sheriff of said City Court shall be paid the same fees as are allowed the sheriff of Union County for services in the Superior Court, and the said sheriff and his deputies shall for all services receive the same fees as are allowed by the law for like services in the Superior Court of said county. Said fees shall be paid monthly out of the funds arising from the fines and forfeitures of said court as heretofore provided. The

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said clerk and deputy and sheriff and deputies shall be amenable to the same process and penalty as are now amenable to the Superior Court, and shall be entitled to the same remedies to enforce the collection of their fees and costs in said City Court as they are now entitled to in the Superior Court. Fees of officers. Section 12. Be it further enacted by the authority aforesaid, That the terms of the City Court of Blairsville shall be as follows: The first court to be held the second Monday in July, 1937, and thereafter on the second Monday in December, March and July of each year. The judge of said court shall have power to hold said court in session so long as in his judgment the same shall be necessary at each regular adjourned term, and he shall have power to order and hold adjourned terms of said court when in his judgment it is necessary, and to adjourn his regular term to such time as he shall deem best, and he shall have the same power as to holding adjourned and special terms of his court as judges of the Superior Courts have. Court terms. Section 13. Be it further enacted by the authority aforesaid, That suits in said City Court shall in all respect be conformable to the mode of procedure in the Superior Court, except as hereinafter provided, but process of writ shall be annexed of said City Court, be attested in the name of the judge thereof and be directed and served by the sheriff of the City Court of Blairsville or his deputies. Procedure. Section 14. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings, and practice the laws governing the Superior Court, when not inconsistent with the Act and unless otherwise specially provided by this Act, shall be applicable to said City Court. Practice. Section 15. Be it further enacted by the authority aforesaid, That all cases, both civil and criminal, over which the court has jurisdiction, shall be tried by the judge without

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a jury, unless one party to the case shall in writing demand a trial by jury, and in that case a trial shall be had by a jury of six as hereinafter provided, unless always, in any case one of the parties to a case, either civil or criminal, shall be entitled to a jury of 12 by entering a demand therefor in writing on or before the call of the docket at the term to which said cause is returnable, or in a criminal case by the State or defendant at the time the case is called and both parties have announced ready. The clerk of said Court shall keep blank forms of demand for trial by a jury, and when a jury of 12 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 12, and the party or parties must proceed to a trial with a jury of six. Juries. Section 16. Be it further enacted by the authority aforesaid that all judgments obtained in said court shall be a lien on all property of defendant or defendants throughout the State in the same manner as judgments of the Superior Courts are; all executions issuing from said City Court shall be attested in the name of the judge, signed by the clerk, and directed to the sheriff or his deputies of the City Court of Blairsville, and to all and singular the sheriffs and their deputies of the State of Georgia. And processes of all kinds issued from said court shall be directed in the same manner as executions. Judgments and executions. Section 17. Be it further enacted by the authority aforesaid, That said City Court shall have jurisdiction of all claims where personal property is levied upon under execution or other process from said court. Such claims shall be tried in the same manner as claims are tried in the Superior Court. Claims to personalty. Section 18. Be it further enacted by the authority aforesaid, That claims to real property levied upon under execution or other process from said City Court shall be

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returned to the Superior Court of the county where said real property is situated, and shall be placed as other claims in the Superior Court. Claims to realty. Section 19. Be it further enacted by the authority aforesaid, That all laws upon the subject of attachment and garnishment as to any matters whatever in the Superior Courts of this State shall apply to said City Court as if named with the Superior Court, so far as the nature of the City Court will permit. All attachments in said City Court returnable to said court shall be directed to the sheriff or his deputies of the City Court of Blairsville, and to all and singular the sheriffs and constables of said State, and the judge of said City Court may, or any justice of the peace or notary public, ex-officio justice of the peace may, issue attachments returnable to the Superior Court. Attachments and garnishments. Section 20. Be it further enacted by the authority aforesaid, That the garnishment and attachment proceedings and proceedings on distress warrants shall be conformable to the laws of the State on the subject of the Superior Courts. Distress warrants. Section 21. Be it further enacted by the authority aforesaid, That scire facias to make parties in any cause in said court shall be had as in the Superior Court, but scire facias shall run throughout the State and may be served by any sheriff or his deputies thereof. Parties. Section 22. Be it further enacted by the authority aforesaid, That the general laws of the State with regard to the commencement of suits in the Superior Courts, defenses, set-offs, affidavits of illegality, arbitration, examination of parties to suits or witnesses by interrogatories, or under subp[oelig]nas, witnesses and their attendance, or other matters of judicial nature within the jurisdiction of the said City Court, shall be applicable to said City Court. Laws applicable.

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

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Section 26. Be it further enacted by the authority aforesaid, That the clerk of said City Court shall prepare and keep on file in his office a complete list of all persons within the territorial jurisdiction of said City Court who are liable and competent to serve as petit jurors in the Superior Court of Union County, and it shall be the duty of said clerk to make out tickets of equal number to the number of names in said list. He shall write upon each ticket the name of one of the said persons and deposit the same in a box to be provided and numbered one until there shall be a ticket bearing the name of each person on said list. Said jury box or list of names in said jury box shall be revised by the clerk every time the jury list of the county is revised by the Jury Commissioners of Union County. Said box shall be known as the City Court jury box and shall be so constructed that it shall have two compartments and kept under one lock and key, and shall not be opened by anyone except the judge of said City Court or some judge acting in his stead for the purpose of drawing juries, or for revising as herein provided. The compartments of said jury box shall be numbers one and two, and when compartment number one is exhausted by the drawing of juries the tickets and names in number two shall be placed back in number one, and the same process shall be gone over again and again as box number one shall be exhausted. The clerk shall keep the jury box and the sheriff shall keep the key to the same. At each term of said City Court the presiding judge shall in open court draw from the jury box 18 names of persons to serve as jurors at the next term of said court, and shall cause the clerk of said court to record the names of the jurors so drawn. And the clerk of said court shall prepare a summons for each juror and deliver the same to the sheriff of said City Court or his deputies at least 15 days before the next term of said court, which sheriff or his deputies shall serve jurors at least 10 days before the term

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of the court the jurors are required to attend. Should it become necessary to draw a jury in vacation time the judge of said court may at any time 15 days before the next term of said court, in the presence of the clerk and sheriff of said court, proceed to draw a jury in the manner above described. Jurors. Clerk's duties. Section 27. Be it further enacted by the authority aforesaid, That all laws with reference to drawing, selecting, summonsing traverse and tales jurors, qualifications, relationship, empaneling, challenging, and compelling the attendance of a juror now in force in this State or may hereafter be enacted into law regarding the same in the Superior Court, shall apply to and observed in the City Court when not inconsistent with this Act. The law in regard to exemption from jury duty in the Superior Court shall apply to the City Court. Laws applicable. Section 28. Be it further enacted by the authority aforesaid that six jurors shall constitute a panel, unless a trial by 12 jurors is demanded as hereinbefore set out. When a trial by a jury is demanded, the jury shall be selected as follows: In civil cases each side shall have three strikes, and in criminal cases the defendant shall have four strikes and the State shall have two strikes; six shall thus constitute a jury. When a trial by a jury of 12 is demanded as hereinbefore provided, a list of 18 jurors shall be furnished and each party shall have the same number of strikes as provided above in this section when the trial is had by a jury of six. The judge shall have the same power to complete any panel by talesmen in the same manner as in the Superior Court. The jurors drawn on the regular and likewise the talesmen which the judge of said court is empowered to summon instanter at any term of said court, whenever necessary to complete a panel, shall each receive the same compensation as jurors in Superior Court of Union

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County, the same to be paid under the same rules as regulating the payment of Superior Court jurors, and out of the same funds as Superior Court jurors. Jury panel. Section 29. Be it further enacted by the authority aforesaid, That the defendant in criminal cases in said City Court shall be tried on the written accusation setting forth plainly the offense charged, founded upon the affidavit of the prosecutor and signed by the solicitor of said court, and in all criminal cases within the jurisdiction of said City Court the defendant shall not have the right to demand an indictment by the grand jury of Union County. All the proceedings after the accusation shall conform to the rules governing like cases in the Superior Court, except as provided in Section 28 of this Act. In all cases tried, the accusation shall set forth the offense with the same particularity, both as to manner of form and substance as is required by the law and rules of criminal pleadings, to be observed in bills of indictment in the Superior Courts. Accusations. Section 30. Be it further enacted by the authority aforesaid, That the judge of the Superior Court of Union County shall send down from the Superior Court of said county to the City Court of Blairsville for trial and final disposition all presentments and indictments which are now pending in said Superior Court, or which may hereafter be returned to said Superior Court, of which the said City Court shall have jurisdiction. Said judge shall transfer such cases by such written order placed on the docket of the Superior Court of said county as he shall deem proper. Said judge shall also send down from the Superior Court of Union County to the City Court of Blairsville and all civil cases now pending, or that may be hereafter filed in said Superior Court, jurisdiction of which by the provisions of this Act is conferred upon the City Court of Blairsville, to be disposed of as provided by this Act. Transfers of indictments.

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Section 31. Be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace to bind over to said City Court of Blairsville all persons charged with offenses within the limits of Union County over which said Court has jurisdiction, there to answer said offense. Binding over. Section 32. Be it further enacted by the authority aforesaid that a writ of error shall be directed from the said City Court to the Supreme Court of the State, or the Court of Appeals of the State, upon a bill of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of the bill of exception in the Superior Court of this State. Writ of error. Section 33. Be it further enacted by the authority aforesaid, That the judge of said City Court shall have the power to grant new trials in cases, civil and criminal, in his court upon the same terms and conditions, the same laws and regulations, as govern the granting of new trials in the Superior Court. All rules and procedure, pleading, and practice governing motions, rules nisi, and proceedings governing new trials in Superior Courts, shall apply to and govern the same in said City Court. New trials. Section 34. Be it further enacted by the authority aforesaid, That in all cases in said City Court the same power and rights as to waivers, pleading or procedure, shall be allowed and upheld by laws and rules as to parties in the Superior Court of this State except where inconsistent with this Act. Pleading and procedure. Section 35. Be it further enacted by the authority aforesaid that all suits against joint obligors, joint promisors, co-partners, or joint trespassers, in which any one or more reside in the County of Union, may be brought in said court, whether its jurisdiction is already stated under the same rules and regulations governing said cases in the Superior Court mutatis mutandis as to copies, second

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originals, returns, and other matters connected with the suits. Jurisdiction. Section 36. Be it further enacted by the authority aforesaid, That all rules of the Superior Court relating to continuances, motions, pleas, and practice shall be applicable to said court, and shall obtain herein where the same are not inconsistent with this Act. Rules of practice. Section 37. Be it further enacted by the authority aforesaid, That wherever the judge of said court is, from any cause, disqualified from presiding and the judge of the Superior Court cannot preside in said court as provided in the Constitution, then upon the consent of the parties in any civil case or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Court. Disqualification. Judge pro hac vice. Section 38. Be it further enacted by the authority aforesaid, That all fines, forfeitures, and money arising from cases in said City Court shall be collected by the sheriff in said court and immediately turned over to the treasurer of said county, or be deposited in the name of the county in the county depository; and there shall be kept a fund by said treasurer or depository to be known as City Court Funds. When the sheriff of said court turns over said money as aforesaid, said sheriff shall make and deliver to the clerk of the County Commissioners or ordinary an itemized statement of the source of said moneys. The fees and salaries of all officers of said court shall be paid on the first Tuesday in each month upon warrant drawn and signed by the ordinary, and each officer of said court shall present to said ordinary a statement of their salary or an itemized statement of their fees, and warrants so drawn by said ordinary shall be to cover the statement presented, and shall be drawn on the City Court Fund. The jurors of said court shall, at the end of each jury

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term, be paid by warrant drawn by the clerk of said City Court on the general funds of Union County. Fines and forfeitures. Court fund. Salaries and fees. Section 39. Be it further enacted by the authority aforesaid, That the judge of the City Court of Blairsville is hereby authorized to turn over to the proper authorities of the County of Union the convicts of said City Court, by them treated and used as are the misdemeanor convicts from the Superior Courts of this State. Convicts. Section 40. Be it further enacted by the authority aforesaid, That in each criminal case where the defendant is convicted and turned over to the county authorities of Union County, to be disposed of as are misdemeanor convicts from the Superior Court of said county, the sheriff and clerk shall make different and separate bills from the ones mentioned in Paragraph 38 of this Act, and these bills shall include commitments, if any, and these bills shall be turned over to the ordinary of the county who shall issue warrants upon the general fund of said county to cover said statements so presented, it being the intention of this section to require the county to pay the cost in all misdemeanor cases in said court where the defendant is convicted and the State receives the services of the said defendant as a convict upon the roads of the State. Bills of costs. Section 41. Be it further enacted by the authority aforesaid, That the ordinary of said county shall provide for the necessary books for the keeping of dockets, minutes, and records of said court, and all equipment of every kind and character necessary in the operation of said court; also to provide a suitable place in the county courthouse for holding said court. Record books. Section 42. Be it further enacted by the authority aforesaid, That there shall be a stenographer of said City Court of Blairsville, appointed by the judge thereof, and

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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 Court, to be paid by the plaintiffs and defendants equally, and the stenographer shall have the right to enforce the collection of said fees as do the stenographers in Superior Courts of this State; Provided further, that the stenographer shall be required to attend criminal sessions of the said City Court only in the discretion of the judge, and when required to attend criminal sessions of the said City Court he shall receive for his services the same fees as stenographers in the Superior Court for like services. Stenographer. Section 43. Be it further enacted by the authority aforesaid, That when there is not a sufficient amount of money in the hands of the treasurer in City Court Fund to pay the warrants drawn on said fund, the ordinary shall draw warrants to cover the expense on the court fund, and when the money in the City Court Fund is sufficient to authorize it, said ordinary shall have the right to pay back to the court fund the amount of money drawn on said fund to pay City Court expenses. Expense warrants. Section 44. Be it further enacted by the authority aforesaid, That this Act shall not become effective unless a majority of the qualified voters voting at a general election to be held on June 8, 1937, shall vote in favor of this Act. If a majority of those voting in said election cast their ballots in favor of this Act then the same shall become effective instanter, otherwise not. This act referred to popular vote. Section 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1937.

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BLAKELY CITY COURT TERMS, ETC. No. 278. An Act to repeal the Act approved August 6, 1929 (Ga. L. 1929, pp. 377-378) changing the number of terms per year of the City Court of Blakely, Early County, Georgia, as fixed by the Act of 1906 establishing said court (Ga. L. 1906, pp. 161-170); to amend said Act of 1906 establishing said City Court of Blakely by providing for the terms of court, and prescribing the jurisdiction of the court at such terms; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 6, 1929 (Ga. L. 1929, pp. 377-378) amending the Act of 1906 (Ga. L. 1906, pp. 161-170) establishing the City Court of Blakely in and for the County of Early in the State of Georgia, said amendment of 1929 changing the number of terms of said court, etc., be and the same is hereby repealed in its entirety. Act of 1929 repealed. Section 2. That the Act approved August 21, 1906 (Ga. L. 1906, pp. 161-170) establishing the City Court of Blakely be and the same is hereby amended by adding to said Act, to be designated as Section 11 thereof, the following provision: That the court shall hold 12 terms per year on the third Monday in each month. The terms convening on the third Monday in February, May, August and November shall be known as the quarterly terms. The jurisdiction of the court shall be the same at all terms, monthly and quarterly. The court may hold special terms called by the judge at any other time for the trial of criminal cases, under similar conditions as Superior Courts are convened in special session. Any term of the court may be adjourned from day to day, or from time to time in a similar manner as the Superior Courts of this State are adjourned. Contested civil cases in which jury trial is not

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waived by the defendant, shall be triable only at a quarterly term of the court, except by consent of the parties. Act of 1906 amended. Terms of court. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. BRUNSWICK CITY COURTELECTIONS OF JUDGE AND SOLICITOR No. 128. 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, as amended by an Act approved August 22, 1907, as amended by an Act approved August 11, 1927, and as amended further by an Act approved March 22, 1935, so as to provide that the judge and solicitor of the said court shall be elected by popular vote of the qualified voters of the county; 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 22, 1907, and by the Act approved August 11, 1927, and by the Act approved March 22, 1935, be further amended by providing that the judge and solicitor of the said court be elected by popular vote of the qualified voters of the said county. Acts amended. Section 2. That within 30 days from and after the passage of this Act, the ordinary shall call a special election to be held for the purpose of electing a judge for the said

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court, and that the judge so elected at such special election shall hold office until January 1, 1941, and that at the general election in 1940 his successor shall be elected for a term of four years, to begin January 1, 1941. Election of judge. Section 3. The present incumbent in office as solicitor of said court shall hold office until his present commission expires, or until a vacancy otherwise occurs, and at the expiration of his term a successor shall be so elected for a term of four years. Solicitor. Section 4. That in the event that a vacancy occurs in either the office of the judge or solicitor that the ordinary of said county shall call a special election within 30 days from the time that such vacancy occurs to fill the office for the unexpired term. Election on vacancy. Section 5. That the judges and solicitors of the said court be commissioned by the Governor for their respective terms. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1937. BRUNSWICK CITY COURT SALARIES. No. 31. 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, as amended by an Act approved August 11, 1927, and as amended further by an Act approved March 22, 1935, so as to change and increase the salary of the judge of said court and to prohibit him from engaging in the practice of law; and to

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increase the salaries of the clerk and the sheriff of said court, 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 by the Act approved March 22, 1935, and Section 4 of the Act approved December 9, 1895, as amended by Section 1 of the Act approved March 22, 1935, be amended by striking therefrom the words and figures, twenty-four hundred ($2400.00) dollars, and inserting in lieu thereof the words and figures, thirty-six hundred ($3600.00) dollars, so that the salary of the judge of the City Court of Brunswick shall be thirty-six hundred ($3600.00) dollars per annum, payable monthly at the times and by the means provided in said Act approved December 9, 1895. Acts amended. Section 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 March 22, 1935, be further amended by striking therefrom the following words, The judge of the 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, and inserting in lieu thereof the following words, The judge of the said City Court of Brunswick shall not engage in the practice of law while holding the office of judge of said court. Judge not to practice law. Section 3. That said Act establishing the City Court of Brunswick and Section 4 thereof, as amended by the Act approved March 22, 1935, be further amended by striking the words and figures, six hundred ($600.00) dollars therein and inserting in lieu thereof, fifteen hundred

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($1500.00) dollars, as the salary of the clerk of said court, so that the salary of the said clerk shall be fifteen hundred ($1500.00) dollars a year, and further amended by striking the words and figures, three hundred ($300.00) dollars therefrom and inserting in lieu thereof, twelve hundred ($1200.00) dollars as the salary of the sheriff of the said court, so that the salary of the said sheriff shall be twelve hundred ($1200.00) dollars a year. Salary increase. Section 4. This Act shall become effective from and after its passage and approval by the Governor. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 11, 1937. CAIRO CITY COURT JUDGE'S SALARY. No. 16. An Act to amend an Act entitled an Act to establish the City Court of Cairo in and for the County of Grady, approved August 8, 1906, and all Acts amendatory thereof, so as to increase and fix the salary of the judge of said court, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, That all of Section 5 of the Act creating the City Court of Cairo, approved August 8, 1906, as amended, and all amendments thereto, including the Act of 1933, approved February 15, 1933, be and the same are hereby stricken and repealed, and inserting in said Act approved August 8, 1906, as amended, in lieu of Section 5 thereof, the following: That the judge of said court shall receive a salary of two hundred ($200.00) dollars per month, payable monthly out of the treasury of Grady County,

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Georgia, by the person or persons charged by law with paying out the money of said Grady County; and, this Act shall become effective and be of force immediately upon its passage by the General Assembly of Georgia, and its approval by the Governor. Acts of 1906 and 1933 amended. Salary increase. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. CARTERSVILLE CITY COURTAMENDMENTS. No. 46. An Act to amend an Act entitled `An Act to create a City Court in the County of Bartow' and for other purposes, approved October 10, 1885, and the Acts amendatory thereof, to fix the costs in suits involving three hundred ($300.00) dollars, or less, to provide for a distribution of said costs between the court officers, to provide for monthly terms of said court, to fix the salary of the judge of said court; and for other purposes. Be it enacted by the General Assembly of Georgia, That an Act entitled an Act to create a City Court in the County of Bartow, and for other purposes, approved October 10, 1885, and the Acts amendatory thereof, are hereby amended, so as when, and as amended by this Act, they shall read as follows, to wit: Acts amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, That a City Court which shall be a Court of Record, and known as The City Court of Cartersville be and the same is hereby created and established in the City of Cartersville, in the County of Bartow, with jurisdiction over the whole of said county, concurrent

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with the Superior Court, except where exclusive jurisdiction is vested in the Superior Courts by the Constitution and laws of the State of Georgia. Said court shall have all powers and remedies, judicial functions, of every kind, nature and character, of the Superior Court except such as are exclusively vested in the Superior Court by the Constitution or laws of the State. Provided that when the amount, sued for or value of property claimed, is three hundred ($300.00) dollars or less, the costs in said City Court shall be 60% of the costs allowed by law for like services in other cases, and distributed among the officers as costs in other cases are distributed, except witness fees, costs in appeals, certioraris, exceptions to the higher courts, shall remain as now provided by law. Jurisdiction. Section 2. There shall be a judge of said City Court, who shall be appointed by the Governor of the State, by and with the consent and advice of the Senate, who shall hold his office for the term of four years. All vacancies in said office shall be filled by appointment by the Governor for the balance of the unexpired term, but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill such vacancy, and submit such appointment to the Senate which shall next thereafter convene. The judge of said court shall receive a salary of eighteen hundred ($1800.00) dollars per annum, which shall not be diminished during his continuance in office, and which shall be paid monthly by the treasurer of the County of Bartow, and it shall be the duty of the Commissioner of Roads and Revenues of said county, or other proper officer, annually in levying the taxes, to make provision for this purpose; the said judge shall receive no other compensation, but may practice law in any court except his own. The judge of said court shall have all powers and functions conferred by law upon the judges of the Superior Court, except in matters exclusively vested in the Superior Courts

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or the judges thereof, by the Constitution and laws of the State. Judge's appointment. Salary, tax for. Law practice. Powers. Section 3. Before entering upon the duties of his office, the judge of said City Court shall take and subscribe the oath required of all civil officers, and in addition thereto the following, viz.: I swear that I will administer justice without respect to persons, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as judge of the City Court of Cartersville according to the best of my ability and understanding and agreeably to the laws and Constitution of the State of Georgia and the Constitution of the United States. So help me God. No person shall be appointed judge of said court unless at the time of his appointment he shall have attained the age of 25 years, and shall be a lawyer, and have practiced law in this State for as much as four years, and have been a resident of said county for as much as two years next preceding his appointment. Oath of office. Eligibility. Section 4. The clerk of the Superior Court of Bartow County shall be ex-officio clerk of said City Court, and shall perform in said City Court, the same duties that are by law required of him as an officer of the Superior Court, so far as the same are applicable, and for his services shall receive the same compensation he is entitled to receive for similar services in the Superior Court, except as otherwise provided in this Act. The sheriff of Bartow County and his deputies shall be ex-officio officers of said City Court, and shall perform in and for said court all duties that are by law required of them as officers of the Superior Court, and shall receive for their services the same fees as they are entitled to receive for similar services in the Superior Court, except as otherwise provided in this Act, and all the officers of said City Court shall be subject to the same penalties and amenable to the same processes and remedies

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as they are now by law subject and amenable to as officers of the Superior Court, and shall be entitled to employ the same remedies for the collection of their fees and costs in said court as they are entitled to in the Superior Court. Clerk. Sheriff. Section 5. The said City Court, in the exercise of its civil jurisdiction as hereinbefore defined, shall be governed by the same laws and shall have the power as to pleadings, practice, modes of procedure and as to the remedy in general, including all the modes of procuring the testimony of witnesses and the production of evidence which prevail in and appertain to the Superior Courts, as the same now exist, or as they may hereafter from time to time be modified, so far as applicable and not inconsistent with this Act, including also the rules established by the judges of the Superior Courts. The judgments and proceedings of said court shall have the same dignity and binding effect and be enforced in the same manner as judgments and proceedings of the Superior Courts. Practice and procedure. Judgments. Section 6. Be it further enacted, That said City Court shall hold 12 terms a year, beginning on the first Monday of each month. The terms of the months of March, June, September and December shall be known as quarterly terms, at which juries shall be drawn and summoned for the trial of cases in said court; the jurisdiction and powers of the court shall be the same at all terms, and the judge shall have authority to adjourn any term of said court, from day to day and time to time, in the same manner as Superior Courts may be adjourned in this State. Provided that, the judge may in his discretion, when he thinks it is necessary to do so to expedite the business of the court, draw jurors, as in case of the quarterly terms, at any other term for the trial and disposition of cases, where trial by jury is demanded or provided for by law. Said court, besides the regular monthly sessions, may sit at any time for the trial of criminal cases within its jurisdiction. Terms of court. Jurors.

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Section 7. In civil cases the original petition shall be filed in the clerk's office at least 15 days before the term to which it is returnable, and if not filed within 15 days, the clerk shall make the same returnable to the next succeeding term thereafter. The service of process shall be made 10 days before the term to which the same is made returnable. Ordinary suits stand for trial at the second term, as in the Superior Courts. Filing and service. Section 8. The trial of all issues of fact in said court shall be by the court without a jury, except when either party in a civil case, or the defendant in a criminal case, shall in writing demand a trial by jury. A failure to file such demand at or before the beginning of the trial shall be a waiver of said right. Trials. Jury. Section 9. All such issues, when a jury is so demanded, shall be tried before a jury of 12 men; Provided that in all jury trials, civil and criminal, in said court, each side shall have three alternate strikes. In other respects the same rules shall govern the trial by jury in said City Court as govern such trials in the Superior Courts as far as applicable. It shall be the duty of the judge of the City Court to provide at each quarterly term thereof a panel of 12 jurors, and jurors for said City Court shall be procured in the following manner: The clerk of said court shall take the list of jurors as revised from time to time by the jury commissioners, or other proper authority of said county, for the Superior Court, including both grand and traverse jurors, and, putting their names in a box kept for the purpose, the judge of said City Court shall at each quarterly term draw therefrom by lot 18 names of persons, who shall be summoned by the sheriff to serve as jurors at the next quarterly term, and out of whom the panel aforesaid shall be made up. The same regulations which prevail in the Superior Court in regard to the care and custody of the jury box, the summoning of jurors and of talesmen, the competency of jurors and in regard to juries and jurors in

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general, shall prevail also in said City Court so far as applicable. The sheriff shall be entitled to a fee of two dollars for summoning the jurors for each term, and the jurors so empaneled shall receive the same pay allowed jurors in the Superior Court of Bartow County. Jury panels. Jury lists. Section 10. It shall be the duty of all committing courts in said county to bind over to said City Court for trial, or to commit for trial by said City Court, all persons committed or admitted to bail by them, when the offense for which such persons are so held to answer come within the jurisdiction of said City Court, and all persons charged with such offenses in said county may be brought directly before the judge of said City Court for trial without any previous committing trial. Whenever any person is committed to jail in said county for an offense within the jurisdiction of said court, it shall be the duty of the jailor to communicate the fact to the judge of said court as soon as practicable, and to carry such accused person before the said judge for trial, at such time as said judge may direct, and it shall be the duty of said judge, on receiving such information in any manner, to cause such accused person to be brought promptly before him for trial, and to grant as speedy a trial as the circumstances of the case will permit. Committals. Section 11. All criminal trials in said court shall be by the judge and without jury, and without indictment by a grand jury, except when the accused shall in writing demand one or both of them, but the accused shall not be allowed to demand indictment where he has had a committal trial or has waived the same, and is in jail or is under bond for the offense with which he is charged. A plea to the accusation by the accused shall be a waiver of both, and he shall not thereafter have the right to recall such waiver. When indictment by a grand jury is demanded, it shall be the duty of the judge of said City Court to commit or bind over the accused for trial by the Superior Court. When indictment

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is waived but a trial by jury is demanded, if at a session of the court where no jury is empaneled, the case shall be continued to the next quarterly term, and shall then stand for trial as other jury cases. If, upon the trial of any case, when indictment is not demanded or has been waived, the judge of said court shall be of opinion that the evidence produced make a case of felony against the accused, it shall be the duty of said judge thereupon to suspend the trial and to commit or bind over such accused person to the next Superior Court as in preliminary examinations. Criminal trials. Indictment. Jury trial. Section 12. The judge of the Superior Court of said county shall by order transmit to said City Court for trial all bills of indictment and presentment found by the grand jury for offenses within the jurisdiction of said City Court; and all such cases, and all criminal cases now pending in the county Court of Bartow County, shall be entered by the clerk upon the criminal docket of said City Court, and all bonds given by the defendants in such cases for appearance in the Superior Court to answer said accusation shall thereupon bind them for similar appearance in said City Court as though the same had been therein stipulated; in like manner the judge of the Superior Court of said county may order transmit to said City Court all civil cases standing for trial upon the docket of the Superior Court of said county, and which are embraced within the jurisdiction of said City Court which he may deem proper; Provided, the parties to said cases agree that the same be transmitted from the Superior to the City Court of Cartersville; such cases so transferred shall be entered upon the docket of the City Court by the clerk of said court, and shall stand for trial in the order in which they are transferred as though originally brought to said City Court. Transfer for trial. Section 13. All other criminal cases tried in said City Court shall be upon written accusation; such accusation shall set forth plainly and distinctly the offense charged, and

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shall conform as to all matters of substance with the rules of criminal pleading which prevail in the Superior Courts; it shall be signed by the solicitor of said court or other attorney representing the State, as provided for in this Act, and have endorsed thereon the name of the prosecutor. Accusations. Section 14. In the exercise of its criminal jurisdiction, said City Court shall be governed by the same laws and shall have the same powers as the Superior Court, so far as applicable and not herein modified, and the accused shall have the same rights and privileges except as herein provided. Criminal jurisdiction. Section 15. All moneys arising from fines and forfeitures in said City Court shall be subject to the claims of the officers of said court, and of the Superior Court, and of magistrates and constables of said county, for their fees and costs in criminal cases when the defendants are insolvent or have been acquitted, and shall be applied to the payment thereof under the laws and regulations governing the same in the Superior Courts of this State. Fines and forfeitures. Section 16. The said City Court shall have power to grant new trials in all cases, both civil and criminal, tried therein under the same rules and regulations which govern motions for new trials in the Superior Courts, so far as applicable; when a criminal case is heard at a special session of said City Court, and the defendant desires to move for a new trial, such motion must be made and passed upon by the judge within five days after the rendition of the judgment complained of, and not after unless for special cause, within the discretion of the court, further time may be by order granted; in other respects such motion shall be governed by the ordinary rules aforesaid. New trials. Section 17. Any sentence, judgment or decision of the said City Court, or the judge thereof, whether made at a regular term or at a special session, or in passing upon motions for new trials at chambers, may be reviewed and corrected

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by the Superior Court of said County of Bartow, upon a bill of exceptions thereto, and the same laws and regulations which govern bills of exceptions from the Superior Court to the Supreme Court, as the same now exists, and as they may be from time to time modified, shall govern and regulate bills of exceptions from the City Court to the Superior Court, so far as applicable, except in the following particulars: Such bill of exceptions, if to a final judgment, must be tendered and certified within 15 days instead of 30, and when certified must be filed in the office of the clerk of the Superior Court, and a copy thereof served upon the opposite party within 10 days thereafter; no copy of such bill of exceptions shall be required to be made and filed in said City Court, but the clerk thereof shall enter upon the records of said case in the City Court a note of the fact of such exceptions being made and the date thereof; no transcript of the record in such case shall be made for the Superior Court, but the Superior Court shall, on the hearing of said bill of exceptions, examine and review the original record; all such bills of exceptions shall stand for hearing in said Superior Court at the next term after the filing of the same in the office of the clerk thereof, or during the same term if said Superior Court be in session or has not finally adjourned at the time of such filing; all such cases shall be heard and disposed of by the Superior Court at the first term unless continued by providential cause; upon the rendition of judgment by the Superior Court upon any such bill of exceptions, such judgment, after being entered upon the minutes of said Superior Court, shall, together with the original bill of exceptions and the entire record in the case, be returned to the office of said City Court, where said judgment shall be duly recorded and enforced; Provided, that if such case should be carried by bill of exceptions from said Superior Court to the Supreme Court or Court of Appeals, then the entire record in the case shall remain in the Superior Court until the return

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of the remittitur in the case from the Supreme Court, and the Clerk of the Superior Court shall transmit with the bill of exceptions to the Supreme Court a copy of said record as in other cases. Bills of exceptions to Superior Court. To Supreme Court or Court of Appeals. Section 18. Parties excepting to any judgment of said City Court may obtain a supersedeas of such judgment, pending the bill of exceptions and until the final disposition thereof, by complying with the same requirements of law which regulate the supersedeas of judgments of the Superior Courts in like cases. Supersedeas. Section 19. For the purpose of punishing contempts, preserving order, enforcing the processes, sentences and orders, the same authority and power is hereby vested in the said City Court within its jurisdiction as is or may be hereafter vested in the Superior Courts of this State. Powers. Section 20. The sessions of said City Court shall be held in the courthouse of the County of Bartow, or in such other place as the Superior Court of the County of Bartow, or in such other place as the Superior Court of the County of Bartow may be authorized to hold its sessions; Provided, that the judge of said City Court, in his discretion, may hold any session of said court in any room in said courthouse. Sessions of court. Section 21. The Act of the General Assembly approved August 1, 1904, published in the Acts of 1904, pages 139-140, providing for a solicitor of said City Court, contained in Sections 2, 3, 4, 5 thereof, is continued in force and effect, as of the date of its passage, without change, as written, and as follows, to wit: Be it further enacted that it shall be the duty of the Governor of the State of Georgia to appoint from the lawyers of Bartow County who have been actively engaged in the practice of law for a period of not less than three years immediately preceding the appointment, a solicitor for said

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City Court of Cartersville, which appointment shall be confirmed by the Senate, whose term of office shall be for a period of four years from the time that said appointee shall assume the duties of said solicitor of said City Court. A new solicitor to be appointed at periods of four years succeeding the first appointment. Solicitor. Appointment and term. Be it further enacted that the duties of said solicitor of said City Court shall be the same as those now prescribed for the solicitor-general of the Cherokee judicial circuit, and whose fees shall be the same as the Solicitor-General of the Cherokee judicial circuit. Duties. Be it further enacted, That the term of office of the solicitor of the City Court of Cartersville, created under the provisions of this Act, shall not begin until the expiration of the present term of the Solicitor-General of the Cherokee judicial circuit; and that the duties of the Solicitor-General of the Cherokee judicial circuit shall continue to be exercised by the said Solicitor-General as to the City Court of Cartersville until the expiration of his present term of office, when his duties as ex-officio Solicitor-General of said City Court shall cease and the duties of the solicitor of said City Court, appointed under this Act, shall begin. Terms of office. Section 22. Whenever the solicitor of said court shall be disqualified, or incapacitated by illness or other cause, to attend to the duties of his office, he shall procure the services of some competent lawyer of Bartow County to act in his stead, and if he should fail, or if at any time he should be absent from the county when his services are required, the judge of said court may procure such attorney to act in his stead. Attorney instead of solicitor. Section 23. Be it further enacted, That nothing in this Act shall have effect to, or be so construed, as to terminate, change, modify, or otherwise affect or interfere with, the office or term of office of any judge, solicitor, clerk, sheriff, or other officer of said court. Present terms not changed.

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Section 24. Be it further enacted, That should any one or more provisions of this Act be adjudged unconstitutional or invalid, such invalid provision shall not invalidate the whole or any other part of this Act. Constitutionality. Section 25. Be it further enacted, That all Acts and parts of Acts in conflict with this Act, are hereby repealed. Approved February 17, 1937. CLINCH COUNTY COURT ABOLISHED. No. 90. An Act to abolish the County Court of Clinch County, Georgia; to transfer all cases pending therein; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the action of the grand jury of Clinch County, Georgia, at the October term, 1901, creating the County Court of Clinch County, Georgia, be and the same is hereby repealed in its entirety; and said court is hereby abolished. All cases, criminal and civil, and all matters therein pending are hereby transferred to the Superior Court of Clinch County, Georgia. Court abolished. Cases transferred. Section 2. This Act shall become effective and operative on the 30th day of October, 1937. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937.

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COLQUITT COUNTY CITY COURT SOLICITOR'S SALARY. No. 116. An Act to amend an Act entitled An Act to create and establish the City Court of Colquitt County in and for the County of Colquitt; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers, and duties, and provide for their compensation; to provide for pleading and practice therein, writs of error therefrom; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of August 7, 1931, creating and establishing the City Court of Colquitt County, be amended as follows: by striking from Section 14 of said Act, the words one hundred as the same appears in line 17 of said section, and insert in lieu thereof the words one hundred and fifty, so that said Section 14 as amended by this Act shall read that the solicitor of the City Court of Colquitt County, shall receive the salary of one hundred and fifty dollars per month. Act of 1931. amended. Salary increase. Section 2. This Act shall become effective from and after the date it becomes a law. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937.

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GWINNETT CITY COURT ESTABLISHED. No. 328. An Act to establish the City Court of Gwinnett County, to define its jurisdiction and powers; to provide for the selection of the judge, solicitor and other officers; to define the powers and duties of the judge, solicitor and other officers thereof; and to fix their compensation; to provide for pleadings and practice and new trials therein and writs of error therefrom; to fix the terms thereof; to provide for jurors therefor; to provide for sentences, fines, forfeitures, executions, and judgments therein; 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 there shall be created and established the City Court of Gwinnett County, which shall have the power, jurisdiction, and method of procedure hereinafter provided. Court established. Section 2. Be it further enacted by the authority of same, that said City Court of Gwinnett County shall be located at Lawrenceville in Gwinnett County and shall have territorial jurisdiction co-extensive with the limits of said county. Location. Section 3. Be it further enacted, That said City Court of Gwinnett County shall have jurisdiction to entertain, hear, try, and determine all civil causes of action, when the principal sum shall exceed one hundred dollars, and all criminal cases of Gwinnett County, concurrent with the Superior Court of said county, except such civil causes of action and such criminal cases, the jurisdiction of which is exclusively conferred by the constitution and laws of this State upon the Superior Court. The jurisdiction herein conferred shall include all cases involving title to personalty, trover, attachment and garnishment proceedings, habeas-corpus proceedings, distress warrants, and possessory warrants;

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and said City Court of Gwinnett County shall also have the same jurisdiction as that of the Superior Court of all appeals from the Justice's Courts of said county. Jurisdiction. Section 4. Be it further enacted, that so far as the same may be applicable, and not herein otherwise provided, the rules of practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the Superior Courts of this State shall be adopted and followed in said City Court of Gwinnett County. Practice and procedure. Section 5. Be it further enacted, That said court shall have quarterly terms, which shall be held on the third Monday in January, third Monday in April, third Monday in July, and third Monday in October, to be held at the court-house at Lawrenceville in said Gwinnett County, and such terms shall remain open for the transaction of business until the next succeeding term. And provided further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. Terms of court. Section 6. Be it further enacted by the authority aforesaid that all suits filed in and to said court twenty days before the beginning of a term, upon which service of process shall have been made fifteen days prior thereto, shall be returnable to such term and shall be ripe for trial or disposition at the next term, the return term of said court being the appearance term, and the second term shall be the trial term. Return term. Section 7. Be it further enacted, That all demurrers, pleas, and answers shall be filed on or before the first day of the term of the court to which the case is returnable, unless time is granted by the court, otherwise the case shall be in default, and so marked and at said return term judgment or verdict may be taken as the case may require. Pleading. Default.

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Section 8. Be it further enacted, that any indictment or presentment by the Grand Jury of Gwinnett County, in cases of which the City Court of Gwinnett County has jurisdiction under this Act, may from time to time, be transferred by the judge of the Superior Court of Gwinnett County to the City Court of Gwinnett County, and shall thereafter stand for trial in said court. Provided, however, that upon the final trial or determination of any indictment or presentment so transferred to said City Court; that the Solicitor-General of the Piedmont Judicial Circuit shall be paid from the fine or forfeiture that may be collected in said particular case the accrued costs to which he would be entitled for his work in obtaining such indictment or presentment before the Grand Jury of Gwinnett County, to the amount of $5.50. Transfer of indictments. Fee of Solicitor-General. Section 9. Be it further enacted, that any case of a civil nature pending in the Superior Court of Gwinnett County at the time of the passage of this Act, or thereafter, of which the City Court of Gwinnett County has jurisdiction under this Act may be transferred by the judge of the Superior Court to the City Court of Gwinnett County by consent of counsel of all parties, and shall thereafter stand for trial in said court as though originally filed therein. Transfer of civil cases. Section 10. Be it further enacted, that all prosecutions in criminal cases instituted in the City Court of Gwinnett County shall be by written accusation made by the solicitor, based upon affidavit, setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor may, in his discretion, make such accusation and proceed to trial thereon without affidavit as the basis therefor. Accusations. Section 11. Be it further enacted, that any case tried in the City Court of Gwinnett County may be carried by writ of error, upon bill of execption, to the Court of Appeals or the Supreme Court of Georgia, whichever court has

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jurisdiction, in the same manner and under the same rules of procedure as in the Superior Court. Writ of error. Section 12. Be it further enacted by the authority aforesaid, That all writs, process, summons, and the like, shall issue, run, be served, and directed in the same manner and to like purpose as in the Superior Court, except they shall be issued and annexed by the clerk of the City Court of Gwinnett County and shall bear teste in the name of the judge of said court. Writs, etc. Section 13. Be it further enacted, That the clerk of the City Court of Gwinnett County shall prepare a jury list and jury box for said court which shall contain the names of all the grand and petit jurors of said county appearing from time to time on the jury list of the Superior Court of said county, from which jurors shall be drawn, selected, chosen, and summoned for service in the City Court of Gwinnett County, in the same manner as is done in the Superior Court. Jurors in said City Court shall receive the same per diem as compensation for service therein, as in the Superior Court of Gwinnett County, and shall be paid by the County of Gwinnett in the same way and out of like funds as jurors are paid in the Superior Court. A panel of twelve shall be required to constitute a jury for the trial of any case in said City Court of Gwinnett. Juries. Section 14. 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 Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, Provided, however, that the first judge of said court shall be appointed by the Governor and the person so appointed by the Governor shall hold office until midnight December 31, 1938, and until his successor is elected and qualified. A judge for said City Court shall be elected at the general election for State and county

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officers to be held in the year 1938, for a term of four years beginning January 1, 1939, and at the general election for State and counties to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified. The judge of said court shall be at least thirty years of age, shall have practiced law at least five years and resided in Gwinnett County for two years prior to his taking office. He shall take and subscribe in substance the same oath of office as is prescribed for Judges of the Superior Courts. He shall be invested with all the power and authority of judges of the Superior Courts as to all matters, except such as are exclusively conferred upon the judges of the Superior Court by the Constitution and laws of this State. Such judge shall be paid a salary of fifteen hundred dollars per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge being an expense of said court. Judge. Appointment. Election. Term. Eligibility. Oath. Powers. Salary. Section 15. Be it further enacted, that there shall be a solicitor of said court who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected; Provided, however, that the first solicitor of said court shall be appointed by the Governor, and the person so appointed by the Governor shall hold office until midnight, December 31, 1938, and until his successor is elected and qualified. A solicitor for said City Court shall be elected at the general election for State and county officers to be held in the year 1938, for a term of four years beginning January 1, 1939, and at the general election for State and counties to be held every four years thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified. The solicitor of said court shall be at least twenty-eight years of age, shall have practiced law at least five years and

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resided in Gwinnett County for two years prior to his taking office. He shall take the same oath of office in substance as is prescribed for solicitor-generals of this State. He shall represent the State and shall prosecute all criminal cases in said court, and such as shall be carried to the Court of Appeals. The said solicitor shall be entitled to the usual fees paid by the State for representing the State in cases in the Court of Appeals of Georgia. Said solicitor shall be paid a salary of twelve hundred dollars per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such solicitor being an expense of said court. Solicitor. Appointment. Election. Term. Eligibility. Oath. Fees. Salary. Section 16. Be it further enacted, that the solicitor of said court shall not be entitled to any fees and costs, except as above provided in representing the State in the Court of Appeals of Georgia, but there shall exist for the office of solicitor of the City Court of Gwinnett County, for the use of the County of Gwinnett, the same schedule of fees and costs as is prescribed for the office of solicitor-generals of the Superior Courts of the State of Georgia, or which may hereafter be prescribed, which fees and costs shall be collected by the clerk of said court as other fees and costs are collected and shall be paid by him into the treasury of Gwinnett County on or before the first day of each month after collected; and all fines and forfeitures of said court shall be collected by the clerk thereof, and, after the payment of the costs of the officers of said court in that particular case in which said fine was imposed or the forfeiture arose, including the cost of the commitment courts, if any, the said clerk shall pay one-half thereof into the treasury of Gwinnett County, not later than the first day of each month after collected, to be used for any lawful purpose. The other one-half thereof, shall go to pay any insolvent cost due the clerk, sheriff, and committing courts of said court, which has accrued in such calendar year: Provided,

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however, if at the end of each calendar year the said one-half thereof is more than sufficient to pay all insolvent cost accruing during said year, the surplus, if any, shall be paid into said county treasury as above provided. The clerk of said court shall keep a detailed record of all fines and forfeitures collected in said court, and the disposition made thereof, which shall be subject to inspection and audit at any time. Fees and costs. Fines and forfeitures. Section 17. Be it further enacted by authority aforesaid, that in the absence of the solicitor of said court for any reason the judge may appoint a solicitor pro tempore, who shall have the same authority while so acting as said solicitor, and shall be paid by the solicitor such reasonable amount for the service as the judge of said court shall determine. Solicitor pro tem. Pay. Section 18. Be it further enacted, that the clerk of the Superior Court of Gwinnett County shall be, by virtue of his office the clerk of the City Court of Gwinnett County and the sheriff of said county shall likewise be the sheriff of said City Court and each shall receive respectively the same fees for services in said court as are allowed them by law for like service in the Superior Court. The clerk shall provide all necessary dockets, writs and minute books, and such printed forms, and the like as may be necessary for said court which shall be paid for by the County of Gwinnett in like manner as such items in the Superior Court. Clerk and sheriff. Section 19. Be it further enacted, that the judge of said court may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar service in the Superior Court, and which shall be taxed and enforced as in the Superior Court. Stenographer. Section 20. Be it further enacted that argument of counsel in all cases in said City Court shall be limited to one-half an hour on the side except by leave of the court. Arguments.

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Section 21. Be it further enacted, that this Act, upon the passage thereof and the approval of the same by the Governor, shall go into effect April 15, 1937. Effective date. Section 22. Be it further enacted, that it shall be the duty of the sheriff of said County of Gwinnett, to make appearance bonds in all criminal cases of which the City Court of Buford would have jurisdiction of, returnable to the City Court of Buford. Section 23. Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 24, 1937. JONESBORO CITY COURTPRACTICE. No. 181. An Act to amend an Act entitled an Act to establish the City Court of Jonesboro in and for the County of Clayton; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers; to define the powers and duties of the judge and other officers thereof, and to fix their compensation; to provide for new trials and writs of error therefrom and to provide for the transfer of certain cases to said City Court of Jonesboro from the Superior Court of Clayton County; and for other purposes; by amending Section 13 therein in respect to obtaining judgments at first term of said court; by repealing Section 31 therein in respect to transfer of certain cases to said City Court from Superior Court; said Acts as hereby and herein amended being recorded and contained in the Acts of the General Assembly of Georgia of the year 1927, pages, 406 to 421, inclusive.

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That Section 13 of the Act creating the City Court of Jonesboro, as contained in the Acts of the General Assembly of Georgia of the year 1927, pages 406 to 421, inclusive, is hereby amended by striking the following words commencing in line nine: based on promissory notes, stipulating for attorneys' fees, when the statutory notice has been given, for principal, interest, and attorneys' fees, unless there is a defense filed to said suit, and adding in lieu therof the following: in default as has been so entered on the docket by the judge of said court, after the call of the same for the purpose of determining if answers and defenses have been filed by noon on the first day of each term of said court, so that said section when so amended shall read as follows: Section 13. Be it enacted by the authority aforesaid, that suits in said City Court shall in all respects be comformable to the mode of procedure in the Superior Courts, except as hereinafter provided; but process to writs shall be annexed of said city court, be attested in the name of the judge thereof, and be directed and served by the sheriff of the City Court of Jonesboro or his deputies thereof. Judgments may be taken at the appearance term of said court on all suits in default as has been so entered on the docket by the judge of said court, after the call of the same for the purpose of determining if answers and defenses have been filed by noon on the first day of each term of said court. Act of 1927 amended. Judgments. Section 2. Be it further enacted by the authority aforesaid, that Section 31 of said Act, be and the same is hereby repealed. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1937.

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LYONS CITY COURTAMENDMENTS. No. 199. An Act to amend an Act establishing the City Court of Lyons approved August 27, 1931, as amended by an Act approved March 24, 1933, by further amending said Act so as to give said City Court of Lyons jurisdiction in civil cases where the principal sum claimed is less than $100.00; to create a monthly term of said court to have jurisdiction over all civil cases where the principal sum claimed does not exceed $100.00; to provide for and fix the procedure in monthly term matters; to fix the cost chargeable in civil cases brought to the monthly term, and to provide for trial without a jury at the monthly terms of said court, 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, the Act establishing the City Court of Lyons approved August 27, 1931, as amended by an Act approved March 24, 1933, be and the same is amended as follows: Acts amended. Section 1. Be it enacted, That there shall be both monthly and quarterly terms of said court, the quarterly terms to be held as heretofore provided by the Act approved August 27, 1931. The monthly terms of said court shall be held on the second Monday in each month, and shall continue in session as long, as in the discretion of the judge, as may be necessary to dispatch the business returnable to the monthly term, as hereinafter provided. Terms of court. Section 2. Be it enacted, That the monthly terms of said City Court of Lyons shall have jurisdiction of all civil cases where the principal sum involved does not exceed $100.00, and in all criminal cases where a jury trial is not demanded as hereinafter provided. Jurisdiction. Section 3. All cases where the principal sum involved does not exceed $100.00, shall be brought to the monthly

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term of said court, and in such cases service must be made and had upon the defendant ten days before the first day of the monthly term and such cases shall be in order for trial at the first monthly term after service had upon the defendant, except as hereinafter provided. All suits brought to the monthly terms of said court shall be by petition and defense shall be made as in cases brought to the quarterly term of this court, and all defenses to any suit brought to the monthly terms shall be filed on the first day of the term to which such suit is brought. Service. Section 4. Be it enacted, That the judge of said court shall have power and authority to try all civil cases brought and pending in said court and to give judgment therein without intervention of a jury; Provided, that in all cases brought in said court, either party in a civil, or defendant in a criminal case pending in said court may demand a trial by jury. In event plaintiff in a civil case demands a trial by jury such demand shall be made in writing at the time of filing suit, and in event defendant demands a jury trial, such demand shall be made in writing at the time of filing a defense; Provided, that the judge of said court may, in his discretion, order a jury trial of any case whether same is demanded or not. Trials. In all cases brought to the monthly terms of said court and a trial by a jury is demanded, or a jury trial ordered by the judge, such case shall stand in order for trial at the next quarterly term of said court. In all criminal cases where a jury trial is demanded, such case shall stand in order for trial at the next quarterly term after such demand is made. Section 5. Be it enacted, and it is enacted by the authority aforesaid that all legal cost and fees chargeable by officers of the court for services in monthly term civil cases shall be one-half that now allowed by law for like service in quarterly term matters. Costs.

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Section 6. Be it enacted, That this Act shall become effective and the monthly term of said court shall be operative, beginning April 1, 1937. Effective date. Section 7. Be it enacted, That all laws or parts of laws in conflict with this Act be and same are hereby repealed. Approved March 18, 1937. MACON MUNICIPAL COURTAMENDMENTS. No. 253. An Act to amend an Act establishing the Municipal Court City of Macon, approved August 16, 1913, and Act amendatory thereof, approved July 20, 1929; to enlarge the jurisdiction of said court; to regulate and define the procedure in said court; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That Section 2 of the Act of the General Assembly of Georgia, approved July 20, 1929 (Acts 1929, page 451), amending Section 2 of the Act of the General Assembly of Georgia, approved August 16, 1913, establishing the Municipal Court of the City of Macon, be and the same is hereby amended in the following particulars: Acts amended. A. By adding to Section 2 of said Act the following, to be denominated Section 2-A: The Municipal Court City of Macon shall have jurisdiction to try and to determine all suits, warrants and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of same as to any issues to be tried thereon to either the Municipal Court City of Macon, or to the Superior Court of Bibb County, provided the election is stated in the warrant or affidavit at the time same is issued. Added sections.

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B. By adding to Section 2 of said Act, after Section 2-A, just above stated, the following, to be denominated Section 2-B: Wherever the words `principal amount sworn to or claimed to be due' are used in this Act, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by set-off or counter-claim, exclusive of and not computing interest, hire and costs; So that, the said Section 2, when amended, will read that said Municipal Court City of Macon shall have jurisdiction within Bibb County, as aforesaid, concurrent with the Superior Court, 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 ($500.00) dollars, and of which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said Municipal Court City of Macon, shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State. Jurisdiction. Amount sued for. The Municipal Court City of Macon, shall have jurisdiction to try and determine all suits, warrants and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of same as to any issues to be tried thereon to either the Municipal Court City of Macon, or to the Superior Court of Bibb County, provided the election is stated in the warrant or affidavit at the time same is issued. Eviction proceedings. Wherever the words principal amount sworn to or claimed to be due are used in this Act, it shall be held to

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mean the principal amount sued for, or the value of the property sued for, or claimed, or the alleged amount of the lien sought to be enforced by the plaintiff, or the alleged amount of the lien sought to be enforced by the defendant by set-off or counter claim, exclusive of and not computing interest, hire and costs. Amount sued for. Section 2. Be it further enacted by the authority aforesaid, That Section 3 of the Act of the General Assembly of Georgia, approved July 20, 1929, amending the Act approved August 16, 1913, creating the Municipal Court City of Macon, be and the same is hereby amended by adding to said Section 3 of said Act approved July 20, 1929 (Georgia Laws, 1929, pages 457-459), the following words: The judge of the Municipal Court City of Macon shall have the same authority as the judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when, in the discretion of the judge, the ends of justice require that the case be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by direction of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the Superior Court, save that the charge for such reporting shall be at the rate of 10 cents per 100 words for taking down the testimony and 10 cents per 100 words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case, unless the judge, on preliminary investigation, shall determine that the case is one that should be reported, and shall direct it reported under the rule. Act of 1929 amended. Reports of cases. Costs. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That Section 26 (b) of the Act of the General Assembly of August 16, 1913, establishing the Municipal Court City of

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Macon, be and the same is hereby amended in the following particulars: Act of 1913 amended. By striking from said Section 26 (b) the concluding clause, Provided, that the judge of said court shall have power to grant but one new trial in each case, and from the judgment granting a new trial there shall be no appeal or review, the case standing for retrial de novo. So that said Section 26 (b), as amended, shall read as follows: In all cases in said court tried by the judge thereof without a jury in which the principal sum claimed or the value of the property in controversy exceeds twenty-five ($25.00) dollars, and in all cases tried before a jury, upon announcement of judgment by the court or upon rendition of the verdict of the jury, any party or his counsel may make an oral motion for a new trial before judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right for a new trial except upon the grounds on which extraordinary motions for new trial may be made. Said motion shall be heard at such time as the court in its discretin may set for a hearing and no brief of the evidence shall be required. Motions for new trial. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. OGLETHORPE CITY COURTELECTION OF JUDGE AND SOLICITOR. No. 423. An Act to amend an Act entitled an Act to establish the City Court of Lexington, in and for the County of Oglethorpe; to define its jurisdiction and powers; to provide

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for the appointment of a judge, solicitor and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes approved December 13, 1899, and all Acts amendatory thereto, by providing that the judge and solicitor of said City Court of Lexington shall on and after January 1, 1941, be elected; to provide for the election of a judge and solicitor of said court at an election to be held in the year of 1940 at the same time other county officers of Oglethorpe County are elected and under the provisions of law applicable thereto; to provide that thereafter the judge and solicitor of said court shall hold office for terms of four years; to provide the compensation for the said judge and solicitor; to provide for a special election to fill any vacancy occurring in said offices; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That: Section 1. The Act to establish the City Court of Lexington appearing on page 395 et seq. of the Acts of the General Assembly of 1899 be and the same is hereby amended by adding thereto the following section at the end of Section 66, appearing on page 406 of Georgia Laws of 1899, to read as follows: Act of 1899 amended. Be it further enacted by the authority aforesaid, That in the 1940 general election to be held in the County of Oglethorpe for the election of county officials, there shall be elected a judge and solicitor of the City Court of Lexington for terms of office beginning January 1, 1941, and ending December 31, 1945. Thereafter the successors to the office of judge and solicitor of the City Court of Lexington shall be elected for terms of four years. In the event of a vacancy in either office it shall be the duty of the ordinary of Oglethorpe County to call a special election

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to fill the said vacancy. Notice of said election must be advertised for two weeks prior to holding the same, and the election must be held within 60 days after the said vacancy occurs. Election of judge and solicitor. Terms. Vacancy. Notice. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. QUITMAN CITY COURT ACCUSATIONS. No. 17. An Act to amend the Act approved August 2, 1912 (Georgia Laws of 1912, pages 287-304), and Acts amendatory thereof, establishing the City Court of Quitman in and for the County of Brooks, defining its jurisdiction, powers, etc., and providing for the pleading and practice and new trials therein, etc., by amending Section 31 of said Act, providing for the trial of defendants upon a written accusation, and giving the defendant the right to demand an indictment by the grand jury, by striking the provision giving the defendant the right to demand an indictment by the grand jury; and for other pourposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted: Section 1. That Section 31 of the Act creating the City Court of Quitman, in and for the County of Brooks, defining its jurisdiction, powers, etc., and providing for pleading and practice and new trials therein, etc., be and the same is hereby amended by striking and repealing the last sentence of said section which provides: In all criminal cases within the jurisdiction of said city court in which under existing laws the defendant is required to be tried on an indictment or special presentment in the Superior Courts, the defendant shall have the right to demand an indictment by the grand jury

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of Brooks County, so that said Section 31, when amended, shall read as follows: Act of 1912 amended. Be it further enacted, that defendants in criminal cases in said City Court of Quitman may be tried on written accusation, which shall be drawn by the solicitor of said court, setting forth plainly the offense charged, founded on affidavit made by the prosecutor, and said accusation shall be signed by the solicitor of said court. Accusations. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 10, 1937. QUITMAN CITY-COURT JURIES. No. 9. An Act to amend the Act approved August 2, 1912 (Georgia Laws, 1912, pages 287-304), and Acts amendatory thereof, establishing the City Court of Quitman, in and for the County of Brooks, defining its jurisdiction, powers, etc., and providing for the pleading and practice and new trials therein, etc., by striking Section 30 of said Act providing for the summoning, drawing, and empaneling of juries, and inserting in lieu thereof a provision that trials in civil and criminal cases shall be had before a jury of six members under certain conditions, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted: Section 1. That Section 30 of the Act creating the City Court of Quitman in and for the County of Brooks, defining its jurisdiction, powers, etc., and providing for pleading and practice and new trials therein, etc., be and the same is hereby amended by striking and repealing said

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section in its entirety, which provides, Be it further enacted that only 18 jurors shall be drawn, summoned and empaneled, and if by reason of nonattendance or disqualifiction of any of the said regular panel, the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the Superior Court. In all civil cases, each side shall strike three from a panel of 18, and in the criminal cases, defenant shall strike three and the State three from said panel. The sheriff of said court shall be entitled to a fee of three ($3.00) dollars for summoning the jurors for each jury term, the same to be paid in the same manner as sheriffs are paid for similar service, so that said Section 30, when amended, shall read as follows: Act of 1912 amended. Be it further enacted, that only 18 jurors shall be drawn, summoned, and empaneled, and if by reason of non-attendance or disqualification of any of the said regular panel the same is not full, the judge of said court shall direct the same to be filled by tales jurors in the same manner as is done in the Superior Court, and that in the trial of all cases, civil or criminal, except when written demand is made for trial by a jury of 12, it shall be the practice of the city court to try all cases before a jury of six, to be selected in the following manner: In the trial of all criminal cases, the jury shall be stricken from a jury list of 12 jurors, the defendant being entitled to four peremptory challenges and the State two; and in the trial of all civil cases, the jury shall be stricken from a jury list of 12 jurors, the plaintiff and the defendant being entitled to three peremptory challenges each; and the said jury lists provided for in this section shall be made up from the traverse jurors duly drawn and summoned to serve at such term and also from such talesmen as the judge may find necessary to summon instanter; Provided, always, that the accused in any criminal case may make a written demand for a trial by a jury of 12 jurors, which written demand may be

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presented to the judge at the time of, or before pleading to the indictment or accusation; and when such written demand is so made and presented, the accused shall be tried by a jury of 12 jurors chosen and selected in the same manner as in like cases in the Superior Court; and in all civil cases, when either party, plaintiff, defendant or claimant, desires a trial by a jury of 12, such party shall make written demand therefor, which written demand shall be made and filed with the clerk at any time not less than five days before the first day of the trial term next after the issue is formed, and when such written demand shall be made and filed aforesaid, the case shall be tried by a jury of 12 jurors chosen and selected in the same manner as in like cases in the Superior Court. The sheriff of said court shall be entitled to a fee of three ($3.00) dollars for summoning the jurors for each jury term, the same to be paid in the same manner as the sheriffs are paid for similar service. Juries. Demand for trial. Section 2. All laws, and parts of laws, in conflict herewith be and the same are hereby repealed. Approved February 8, 1937. SAVANNAH MUNICIPAL COURTAMENDMENTS. No. 352. An Act to amend the several Acts creating and relating to the Municipal Court of Savannah and for other purposes; to carry into effect in Chatham County the provisions of the amendment to Article 6, Section 7, Paragraph 1, of the Constitution of this State, approved August 20, 1927, and ratified November 6, 1928, relating to the abolition of justices' courts and the office of justice of the peace and notary public ex-officio justice of the peace in certain counties; the several Acts and amendatory

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Acts hereby amended being more particularly entitled An Act to carry into effect in the City of Savannah the provisions of the amendment to Paragraph 1, Section 7, Article 6, of the Constitution of Georgia, ratified October 2, 1912, relating to the abolition of justices' courts and the office of justice of the peace in certain cities, as further amended by an Act of the Legislature of Georgia, approved July 29, 1914, and ratified November 3, 1914, relating to the abolition of said courts and officers in the City of Savannah, and the establishment in lieu thereof such court or courts or system of courts as the General Assembly may deem necessary; and in pursuance thereof to abolish all justices' courts and the office of justice of the peace in the City of Savannah, and to establish in lieu thereof the Municipal Court of Savannah; to define its jurisdiction and powers; to provide for the appointments, qualifications, duties, powers and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein; to abolish the office of constable in said city; to define the jurisdiction of said court as to amount and subject matter, and territorial jurisdiction of each section thereof, and for other purposes approved August 13, 1915 (Georgia Laws, 1915, pages 124-137); and an Act amendatory thereto approved August 16, 1916 (Georgia Laws, 1916, pages 292-295); and an Act amendatory thereto approved August 20, 1927 (Georgia Laws, 1927; pages 455-464), the last named Act being more particularly entitled An Act to increase and define the civil jurisdiction of said Municipal Court of Savannah; to provide special jurisdiction for foreclosure of liens on real estate and on personal property; to change, increase and regulate the pleading, practice and procedure in all respects in said court, including jurors, jury trials, new trials, judgments and appeals from final judgments therein; to authorize the bailiff of said court or any deputy bailiff

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to levy on and conduct the sale of real estate under an execution or process of said court; to fix the salaries of the chief judge and the two associate judges of said court and the mode of payment thereof, the salaries of said associate judges thus fixed being increased; to provide for the appointment of another deputy clerk and additional deputy bailiffs of said court, and for the removal of all such deputy officers; to provide for a bond being given by the clerk and the bailiff of said court; to fix the amounts and mode of payment of the salaries of the clerk, deputy clerk, bailiff and deputy bailiffs of said court; and for other purposes; and an Act amendatory to all of said Acts approved August 17, 1929 (Georgia Laws, 1929, pages 470-476). The said amendments to all of said Acts by this Act being as follows: To give the court jurisdiction to try actions to recover penalties in cases under three hundred ($300.00) dollars; to give the court jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law, when such cases shall have origin in said court by virtue of warrants issued in said court, and to abolish the right of appeal to a jury in the Superior Court; to fix the terms of office and mode of appointment of the clerk and bailiff; to provide for service of suits at least seven days before the first day of the term to which they are returnable; to reduce the bonds of the clerk and the bailiff from five thousand ($5,000.00) dollars to two thousand five hundred ($2,500.00) dollars; to provide a direct bill of exceptions to the Court of Appeals and/or the Supreme Court in cases over one hundred ($100.00) dollars and the rules of procedure; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the justice

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courts and the office of justice of the peace and notary public ex-officio justice of the peace are abolished in Chatham County; this enactment being made to carry into effect the provisions of the amendment to Article 6, Section 7, Paragraph 1, of the Constitution of this State, approved August 20, 1927 (Georgia Laws, 1927, page 117), and ratified November 6, 1928 (Code of 1933, Section 2-3501); the territorial jurisdiction formerly exercised by justice courts and by justices of the peace and notaries public ex-officio justices of the peace in said Chatham County having been conferred upon and vested in the Municipal Court of Savannah by Section 2 of the Act of the General Assembly of August 13, 1915 (Georgia Laws of 1915, page 125), which territorial jurisdiction is by this Act ratified and confirmed. Constitutional amendment effective. Code, 2-3501. Section 2. Be it further enacted by the authority aforesaid, That the Act creating and establishing the Municipal Court of Savannah, approved August 13, 1915, and the Acts amendatory thereto, be and the same are hereby amended, altered and revised, as follows: Section 3. That Section 3 of the Act of August 13, 1915 (Georgia Laws of 1915, pages 125, 126), be and is hereby amended by the addition thereto of the following: and shall also have jurisdiction of actions to recover penalties which may be sued for under the laws of Georgia, but in no case shall said court have jurisdiction to render judgment for more than three hundred ($300.00) dollars exclusive of interest. And said court shall have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law, when such cases shall have origin in said court by virtue of warrants issued in said court, so that said Section 3 as amended shall read as follows: Act of 1915 amended. Jurisdiction. Section 3. Be it further enacted by the authority aforesaid, That the jurisdiction of the Municipal Court of Savannah

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as to civil and criminal matters shall in all respects be the same as the jurisdiction of justices' courts in the County of Chatham at the date of the passage of this Act, and in addition thereto, the said court shall have jurisdiction in trover and in bail trover proceedings in which the value of the property sued for, exclusive of hire, does not exceed the principal sum of one hundred ($100.00) dollars, and shall also have jurisdiction of actions to recover penalties which may be sued for under the laws of Georgia, but in no case shall said court have jurisdiction to render judgment for more than three hundred ($300.00) dollars exclusive of interest, and said court shall have jurisdiction to take and entertain pleas of guilty in misdemeanor cases by consent of defendant and impose sentence as provided by law when such cases shall have origin in said court by virtue of warrants issued in said court. Additional jurisdiction. Section 4. Be it further enacted, That Section 4 of the Act of August 13, 1915 (Georgia Laws of 1915, page 126), be and is hereby amended by the addition thereto of the following: Provided, that there shall be no right of appeal to a jury in the Superior Court from any judgment of said Municipal Court of Savannah, so that said section, as amended, shall read as follows: Section 4. Be it further enacted by the authority, That the procedure, pleading and practice in said Municipal Court of Savannah shall be the same as that prescribed by law at the date of the passage of this Act for justices' courts, and on appeal, certiorari, and all other matters, the procedure in said court, except where changed by this Act, shall be the same as prescribed by law for said justices' courts, provided, that there shall be no right of appeal to a jury in the Superior Court from any judgment of said Municipal Court of Savannah. No appeal to jury in Superior Court. Section 5. Be it further enacted, That Section 4 of the Act of August 16, 1916 (Georgia Laws, page 204), be and is hereby stricken and repealed and the following inserted

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in lieu thereof: Section 4. Be it further enacted, by the authority aforesaid, That, at the expiration of the terms of office of the present clerk and bailiff of said court, or in the event of death or resignation of said clerk or bailiff, their successors shall be appointed by the County Commissioners and ex-officio judges of Chatham County. The terms of office of the clerk and bailiff of said court shall coincide and be concurrent with that of the chief judge of said court. Clerk and bailiff appointment and terms. Section 6. Be it further enacted, That the second sentence of Section 20 of the Act of August 13, 1915 (Georgia Laws of 1915, page 132), be and the same is hereby stricken and in lieu thereof the following substituted: Suits shall be filed at least 10 days before the first day of the term to which they are returnable and shall be served at least seven days before the first day of said term. Answers to garnishments may be filed at any time during the first week of the term at which said garnishments are answerable, so that said section, as amended, shall read as follows: Section 20. Be it further enacted by the authority aforesaid, That the terms of said court shall commence on the first Tuesday of each month, and each term shall continue from day to day, but not to run longer than the Monday preceding the commencement of the succeeding term. Suits shall be filed at least 10 days before the first day of the term to which they are returnable and shall be served at least seven days before the first day of said term. Answers to garnishments may be filed at any time during the first week of the term at which said garnishments are answerable. All summons, executions, warrants, writs and proceedings of any kind issuing from said municipal court shall be issued in the name of the chief judge, and signed by the clerk or deputy clerk of said court; all executions, warrants, writs and summary processes of any kind issuing from said municipal court shall be directed to all and singular the bailiff and his lawful deputies of said

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municipal court, and all and singular the sheriff and deputy sheriffs of this State, and shall be executed as is now provided by law for proceedings in justices' courts. Filing time for suits. Answers. Writs, etc. Section 7. Be it further enacted, That Section 3 of the amendatory Act of August 17, 1929 (Georgia Laws of 1929, page 473), be and the same is hereby amended by striking from the last phrase thereof ten days and substituting therefor seven days, so that said section, as amended, shall read as follows: Section 3. Be it further enacted by the authority aforesaid, That all civil cases or proceedings in the Municipal Court of Savannah in which the principal sum claimed or the value of the property in dispute exceeds the sum of one hundred ($100.00) dollars, or is not over three hundred ($300.00) dollars, shall be commenced at least 10 days before the first day of the term to which they are returnable, and the process shall be served on the defendant at least seven days before the first day of said term. Time for bringing suits. Section 8. Be it further enacted, That Section 18 of the amendatory Act of August 20, 1927 (Georgia Laws of 1927, page 463), be and the same is hereby amended by striking therefrom the words five thousand ($5,000.00) dollars where they appear therein and substituting in lieu thereof the words two thousand five hundred ($2,500.00) dollars, so that said section, as amended, shall read as follows: Section 18. That the clerk shall be responsible for the acts of the deputy clerk, and bailiff shall be responsible for the acts of the deputy bailiffs. The said clerk shall give bond in the sum of two thousand five hundred ($2,500.00) dollars, and said bailiff in the sum of two thousand five hundred ($2,500.00) dollars, each with good security, payable to the County Commissioners of Chatham County, for the faithful performance of the duties of his office by himself and his deputy or deputies, and for the true and prompt payment and accounting of all moneys by himself and his deputy or deputies. Deputies. Bonds.

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Section 9. Be it further enacted, by the authority aforesaid, That in all cases wherein the amount involved exceeds one hundred ($100.00) dollars, the order overruling or refusing the motion for new trial or the final order or judgment of the trial court, as the case may be, shall be subject to review by bill of exceptions to the Court of Appeals and/or the Supreme Court, in the same manner that judgments and order of the Superior Courts are now reviewed, and in such cases the trial judge, who presided on the original trial of the case, or in his absence, any judge of said court shall have the same powers and duties respecting all proceedings including supersedeas as the judges of the Superior Courts now have. Bill of exceptions. Judge's powers. Section 10. 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 or in any manner affect the remaining provisions of this Act, which shall remain in full force and effect. Constitutionality. Section 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 27, 1937. SOPERTON CITY COURT SALARIESSOLICITOR'S QUALIFICATION. No. 29. An Act amending an Act creating the City Court of Soperton, approved August 18, 1919, as amended by certain amendatory Acts, to-wit, the Act approved August 10, 1920, an Act approved August 13, 1924, an Act approved August 15, 1927, and an Act approved August 14, 1929, this amendatory Act to change the salary to be paid the judge and solicitor of said City Court of

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Soperton, and the qualifications of the solicitor of said City Court of Soperton. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the figures $1,500.00 in the sixth and eighth lines of Section 1, page 477, of the Acts of 1929, Georgia Laws of 1929, be and the same is hereby stricken and the following figures, to-wit, $900.00, be substituted in lieu thereof, so that the salary of the judge of said City Court of Soperton when said Act is so amended shall be $900.00 per annum instead of $1,500.00. Judge's salary decreased. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, That the figures $1,020.00 in the fifth and eighth lines of Section 2, page 477, of the Acts of 1929, Georgia Laws of 1929, be and the same is hereby stricken, and the following figures, to-wit, $600.00, be substituted in lieu thereof, so that the salary of the solicitor of said City Court of Soperton when said Act is so amended shall be $600.00 per annum instead of $1,020.00. Solicitor's salary decreased. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, That the words of ten years' experience in the seventh and twelfth lines of Section 3, page 466 of the Acts of 1927, Georgia Laws of 1927, be and the same are hereby stricken and the following words legally licensed and qualified to practice law in Georgia, so that Section 6 of the original Act approved August 18, 1919, when so amended shall read as follows, to-wit: Section 6. That the solicitor of said court shall be a resident of Treutlen County, and shall be a practicing attorney legally licensed and qualified to practice law in Georgia, and a qualified voter. If for any reason the solicitor is disqualified or is absent when his services as solicitor are required, the judge of said court shall appoint a solicitor pro tem., who shall, for the time or cases

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appointed, discharge the duties of solicitor. For services rendered as solicitor pro tem., the solicitor of said court shall pay from his salary; and in event the solicitor and solicitor pro tem. cannot agree on the compensation for such services, it shall be the duty of the judge to fix the same, and when so fixed the solicitor shall be liable therefor and shall pay same. Before entering upon the discharge of his duties, said solicitor shall take and subscribe the following oath, to-wit: I do solemnly swear that I will faithfully and without fear, favor, or affection, and impartially and to the best of my ability and understanding, discharge all the duties devolving upon and required of me as solicitor; so help me God. Said oath shall be filed in the clerk's office of said court and entered upon the minutes of said court. Solicitor's eligibility. Solicitor pro tem. Compensation Oath. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 11, 1937. STATESBORO CITY COURT SOLICITOR'S SALARY. No. 252. An Act to amend an Act to create the City Court of Statesboro, approved August 10, 1903, as amended by an Act approved August 14, 1906; and as amended by an Act approved August 27, 1931. This amendatory Act to change the salary to be paid the solicitor of the City Court of Statesboro, so far as it applies to the fees of the solicitor of the City Court of Statesboro; to provide for the payment of a salary to the solicitor of the City Court of Statesboro in lieu of fees; to fix amount of said salary; to provide when this Act shall become effective; to provide for the disposition of fines, forfeitures and fees, including

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insolvent costs accruing to the office of the solicitor of the City Court of Statesboro; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 10, 1903, creating and establishing the City Court of Statesboro, be amended as follows: By striking from Section 4 of said Act, and beginning on the twelfth line of said section the words: The said solicitor shall receive the same fees for each written accusation as are allowed the solicitors-general for each indictment in the Superior Court, and his fees for all services rendered shall be the same as are allowed the solicitors-general of the Superior Court. And inserting in lieu thereof the following words: The salary of the solicitor of the City Court of Statesboro shall be the sum of sixteen hundred ($1,600.00) dollars per annum to be paid out of the treasury of Bulloch County, which shall be in full for all services rendered by him and for which he shall receive no other compensation than the salary of sixteen hundred ($1,600.00) dollars per annum, as provided in this section so that that part of Section 4 shall read: The salary of said solicitor shall be the sum of sixteen hundred ($1,600.00) dollars per annum to be paid out of the treasury of Bulloch County which shall be in full for all services rendered by him, and for which he shall receive no other compensation than a salary of sixteen hundred ($1,600.00) dollars per annum as provided herein, and which salary shall be in lieu of all fees, fines, forfeitures and insolvent costs. Act of 1903 amended. Salary of solicitor. Section 2. Be it enacted by authority aforesaid, That when this Act shall become effective, that the solicitor of the City Court of Statesboro shall be paid his salary in equal monthly installments by the Board of County Commissioners of Bulloch County out of the funds of said county. Payable monthly.

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Section 3. Be it further enacted by authority aforesaid, That this amendatory Act shall become effective January 1, 1941. Effective date. Section 4. Be it further enacted by authority aforesaid, That all fees, forfeitures, fines and insolvent costs accruing to the office of the solicitor of the City Court of Statesboro and compensation of every sort now received as compensation by the solicitor of the City Court of Statesboro, being the same as are allowed by the Superior Court to the solicitors-general of this State, and for similar services in the Superior Court, shall hereafter be collected and disbursed by the proper officer of said court, and all of said fees shall be paid by him into the county treasury upon the proper order of the judge of the City Court of Statesboro. Costs, fees, fines, etc., to county treasury. Section 5. Be it further enacted by authority aforesaid, That all laws and parts of laws in any of the Acts conflicting with this Act as amended, herewith be and the same are hereby repealed. Approved March 23, 1937. STEPHENS COUNTY CITY COURT ESTABLISHED. No. 53. An Act to create and establish the City Court of Stephens County in and for the County of Stephens; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers and duties, and provide for their compensation; to provide for pleading and practice therein, writs of errors therefrom; 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 City Court of Stephens County is hereby created and established, to be located in the City of Toccoa, which is the county site of Stephens County, which court shall have civil and criminal jurisdictions over and throughout the entire County of Stephens, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Stephens; and the jurisdiction herein conferred shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas-corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceedings for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate. Establishment. Location. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, That all judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State, in the same manner as judgments of the Superior Courts are, and all executions issuing from said city court shall be tested in the name of the judge and signed by the clerk and directed to the sheriff or his deputies of the said City Court of Stephens County, and to all and singular the sheriffs or their deputies of the State of Georgia. Judgments and executions. Section 3. Be it further enacted by the authority aforesaid, That said court shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and such claims shall be tried in the same manner as claims in the Superior Courts; but that claims to real estate levied on under execution or

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other process from said city court shall be returnable to the Superior Court of the county where such real property is situated, and shall there proceed as other claims in the Superior Court. Claim cases. Section 4. Be it further enacted by the authority aforesaid, That the terms of said city court shall be monthly and quarterly, the monthly terms for the trial and disposition of both criminal and civil business in which trial by jury is not demanded, and the quarterly terms for the trial and disposition of both civil and criminal business requiring trial by jury. The said quarterly terms shall be held as follows: Beginning on the fourth Monday in April next after the passage of this Act, and thereafter quarterly on the fourth Monday in July, October, and January of each year. The said monthly terms shall be held as follows: On the fourth Mondays in May, June, August, September, November, December, February and March of each year; Provided, that the judge of said city court may dispense with the holding of any one or more of said monthly terms, when, in his opinion, the business before the court does not justify holding the same; and Providing, further, that said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. All terms of said court shall be held at the court house in the City of Toccoa, in the said County of Stephens, and shall last until the business is disposed of, unless sooner adjourned for good cause. The judge of said court may hold adjourned terms of the regular monthly and quarterly terms of said city court; and the judge may also, in his discretion, set cases for trial at convenient times, and the same may then be tried as of the term, whether court has been held from day to day until said time or not. Terms of the court. Section 5. Be it further enacted by the authority aforesaid, That suits in said city court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided; but the process to

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writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Stephens County, or his deputies thereof. Suits. Process. Service. Section 6. Be it further enacted by the authority aforesaid, That in all matters pertaining to service, pleadings and practice, the laws governing the Superior Courts, where not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading and practice. Section 7. Be it further enacted by the authority aforesaid, That said City Court of Stephens County shall be a court of record, shall have a seal, and the minutes, records, orders, and books and files that are required by law and rules to be kept for the Superior Courts shall be kept in and for said city court and in the same manner; and all laws applicable to the powers and duties of the clerk and sheriff in said Superior Courts shall apply to them in said city court, except where they conflict with the provisions of this Act. Records. Section 8. Be it further enacted by the authority aforesaid, That all laws for the regulating and enforcing of judgments of the Superior Courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had there under the same rules and laws regulating the same in the Superior Courts. Laws applicable. Section 9. Be it further enacted by the authority aforesaid, that the judge of said city court is authorized to appoint, at each term of said court, such number of bailiffs as he may deem necessary; and the judge of said court shall have the same power to preserve order, to enforce his orders and judgments, and to punish for contempt as is vested by law in the judges of the Superior Courts of this State. Bailiffs. Section 10. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who

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shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1940, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of twelve hundred dollars per annum which shall be paid monthly by the clerk of the Board of Commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of the money of the County of Stephens, and shall be furnished an office in the court house as other county officers; and it shall be the duty of the commissioners of roads and revenue of said county, or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Judge. Appointment Term. Election. Vacancy. Salary. Law practice. Section 11. Be it further enacted by the authority aforesaid, That no person shall be eligible for the office of said judge unless he shall have been admitted to the practice of law four years, be twenty-five years of age, and he shall, before entering upon the duties of his office, take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal

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right to the rich and poor, and that I will faithfully and impartially perform and discharge all the duties which may be required of me as judge of the City Court of Stephens 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 filed in the executive department. Eligibility. Oath. Section 12. Be it further enacted by the authority aforesaid, That whenever the judge of said city court is from any cause disqualified from presiding and the judge of the Superior Court cannot from any cause preside in said court, as is provided for in the Constitution, then upon the consent of the parties, or upon their failure or refusal to agree, said cause be tried by a judge pro hac vice selected in the same manner as now provided for in the Superior Courts. Judge pro hac vice. Section 13. Be it further enacted by the authority aforesaid, That in case of the absence of the judge of said city court at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may in writing direct, or, if no direction be given the court shall be adjourned to the next regular term. Absence. Adjournment. Section 14. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the first day of January, 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solicitor-general

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in the Superior Court; but all such fees shall be paid into the county treasury by said solicitor as collected, and in lieu thereof he shall receive the sum of seventy-five dollars per month, the same to be paid out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the Treasury of the State in the same manner as the solicitor-general of the Superior Court is paid for like services rendered in said courts. Solicitor. Appointment. Election. Fees. Salary. Fees. Section 15. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of solicitor of said city court unless he shall have been admitted to the practice of law for one year; and he shall, before entering the duties of his office, take and subscribe the following oath: I do swear that I will faithfully and impartially, and without fear, favor, or affection, discharge my duties as solicitor of the City Court of Stephens County, and will take only my lawful fees of office; so help me God, which oath shall be filed in the executive department. Eligibility. Oath. Section 16. Be it further enacted by the authority aforesaid, that in case of the absence of said solicitor or his inability from illness or otherwise to appear and prosecute any cause at any term of said court, the judge of said court may appoint a solicitor pro tempore to perform the duties of the solicitor in such absence or inability, and such solicitor pro tempore shall be entitled to receive from his services, should he require it, not exceeding seven dollars and fifty cents per day to be paid by the solicitor out of his compensation provided for in Section 14 of this Act. Solicitor pro tem. Section 17. Be it further enacted by the authority aforesaid, That the clerk and his deputies of the Superior Court of Stephens County shall be ex-officio clerk and deputies of said city court. Said clerk shall, before entering upon the

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duties of his office, take and subscribe an oath to faithfully and impartially discharge his duties thereof, which oath shall be entered on the book of minutes of said city court; and he shall also, before entering on the duties of his office, execute a bond with good security, to be approved by the judge of said court, in the sum of one thousand dollars for the faithful discharge of the duties of his office, such bond to be in the form required for clerks of the Superior Court. Clerk and deputies. Oath. Section 18. Be it further enacted by the authority aforesaid, That the sheriff and his deputies of Stephens County shall be ex-officio sheriff and deputy sheriffs of the City Court of Stephens County, and in his official connection with said court the sheriff of Stephens County shall be known as the sheriff of the City Court of Stephens County; before entering upon the discharge of the duties of his office, said sheriff shall execute a bond with good security in the sum of one thousand dollars for the faithful discharge of the duties of his office, said bond to be approved by the judge of said court. Oath and bond. Section 19. Be it further enacted by the authority aforesaid, That all the duties and liabilities attached to the office of clerk of the Superior Court and to the office of sheriff shall be attached to the office of clerk of the City Court of Stephens County and to the office of sheriff of the City Court of Stephens County, respectively; and that the judge of said City Court of Stephens County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judges of the Superior Courts over the clerks of the Superior Courts and over the sheriffs of the counties of Georgia. Official, duties. Section 20. Be it further enacted by the authority aforesaid, That the clerk and sheriff, and their deputies, of said city court shall receive for their services the same fees as are allowed by law for like services in the Superior Court, except that in all civil actions where the principal amount

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claimed is less than three hundred dollars the clerk's costs shall be one-half the amount allowed for similar services in similar cases in the Superior Court; and Provided, that neither the said clerk nor the said sheriff shall be entitled to any per diem fees for attending the monthly terms of said court when there is no jury empaneled for the trial of cases, such clerk and sheriff being entitled to per diem for attendance at the regular quarterly trial terms only. For services rendered by the clerk and sheriff where no compensation is provided by law, they shall receive such compensation as the judge of said city court shall in his sound discretion allow. The said sheriff and clerk shall be amenable to the same processes and penalties as they are now amenable to as officers of the Superior Court, and they shall be entitled to the same remedies to enforce the collection of their fees and costs in said city court as they are now or may hereafter be entitled to in the Superior Court. In all actions ex contractu where the amount of the judgment recovered is less than fifty dollars principal, the plaintiff shall only be entitled to recover judgment for justice court costs, and such plaintiff shall himself be liable for the balance of the costs in such case. Fees. Processes and remedies. Costs. Section 21. Be it further enacted by the authority aforesaid, That a reporter or stenographer for said city court may be appointed by the judge of said court, to take down and transcribe testimony and charges of the court in criminal and civil cases tried therein. All civil cases tried in said court shall be reported at the request of either side, plaintiff or defendant, and the fees for reporting such cases shall be the same as those allowed and charged in similar cases in the Superior Court, and shall be paid by the plaintiff and defendant equally. Said reporter or stenographer shall have the right to enforce payment of his fees in the same manner authorized in like cases in the Superior Courts. The reporter or stenographer shall report all criminal cases whenever the defendant or his attorney shall demand it,

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and whenever the judge in his discretion shall require the same reported, whether demanded or not. Said reporter or stenographer shall receive, for his services in reporting and transcribing the record in criminal cases in said city court, the same amount provided by law for similar services by stenographer in the Superior Courts, which shall be paid out of the treasury of the county in the same manner that the Superior Court stenographers are paid. Stenographic reporter. Fees. Payment. Cases to be reported. Pay. Section 22. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said court to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Stephens County, as provided for from time to time for such Superior Court. From said copy so made traverse jurors in said city court shall be drawn in the following manner: The clerk of said city court shall write upon separate tickets or slips of paper the names of each traverse juror, and shall number the same and place the same in a box to be prepared and kept for that purpose, from which box shall be drawn all traverse jurors as now required by law in the Superior Courts, all laws with reference to drawing, selecting, and summoning traverse and tales traverse jurors in the Superior Courts shall apply in said city court. All exemption from jury duty now of force in the County of Stephens shall apply and be of effect in said city court. Juries. Section 23. Be it further enacted by the authority aforesaid, That all laws in reference to the qualifications, relations, empaneling, fining and challenging of jurors now in force in this State, or hereafter enacted by the General Assembly, regulating the same in the Superior Court, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. Laws applicable. Section 24. Be it further enacted by the authority aforesaid, That unless, in the opinion of the judge, the business of the court demands it, traverse jurors shall be drawn and

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summoned to serve only at the regular quarterly terms thereof. Section 25. Be it further enacted by the authority aforesaid, That from a panel of twenty-four traverse jurors drawn and summoned by the provisions of this Act, to serve at any regular or adjourned term of said court, the judge of said court shall cause to be made up two juries, which shall be known and distinguished as juries numbers one and two and all cases and issues to be tried by jury, civil or criminal, at that term of said court, shall be tried by one of these, or by a jury stricken from both, as hereinbefore provided. In case from any cause said panel should be reduced below twenty-four, the judge of said court shall have power to fill it by causing talesmen to be summoned instanter. In criminal cases tried in said court, the defendant shall be entitled to seven peremptory challenges and the State five, and in all civil cases the plantiff and defendant shall each be entitled to six peremptory challenges; and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Court, shall apply to said city court, except where they are inconsistent with the terms of this Act. Panels of jurors. Challenges. Section 26. Be it further enacted by the authority aforesaid, That in the trial of all cases, civil and criminal, except when written demand is made for trial by a jury of twelve, it shall be the practice in said city court to try all cases before a jury of six, to be selected in the following manner: In trial of all criminal cases the jury shall be stricken from a jury list of twelve jurors, the defendant being entitled to four peremptory challenges and the State two; and in the trial of all civil cases the jury shall be stricken from a jury list of twelve jurors, the plaintiff and the defendant being entitled to three peremptory challenges each; and the said jury lists provided for in this section shall be made up from the traverse jurors duly drawn and summoned to serve at such term and also from such talesmen as the judge may

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find it necessary to summon instanter; Provided, always, that the accused in any criminal case may make a written demand for a trial by a jury of twelve jurors, which written demand may be presented to the judge at the time of or before pleading to the indictment or accusation; and when such written demand is so made and presented, the accused shall be tried by a jury of twelve jurors chosen and selected in the same manner as in like cases, when either party, plaintiff or defendant, desires a trial by a jury of twelve, such party shall make written demand therefor, which written demand may be made and filed with the clerk at any time not less than five days before the first day of the trial term next after issue is formed, and when such written demand shall be made and filed as aforesaid, the case shall be tried by a jury of twelve jurors chosen and selected in the same manner as in like cases in the Superior Court. Juries. Challenges. Demand for jury trial. Section 27. Be it further enacted by the authority aforesaid, That all defendants in criminal cases in which the prosecution originates in said city court, or where such defendants are bound over to said city court by any justice of the peace or notary public or other judicial officer, shall be tried on written accusations setting forth plainly the offense charged, founded upon affidavit of the accuser and signed by the solicitor of said city court; and all the proceedings after accusations shall conform to the rules governing in the Superior Courts, except that the accused shall be tried by jury of six as in this Act provided, unless such accused makes demand for trial by a jury of twelve as hereinbefore provided. And that in all cases tried upon accusations the offense shall be charged with the same particularity both as matter of form and substance as is required by the laws and the rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Accusations. Procedure. Section 28. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to

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grant a new trial in any case, civil or criminal, in his court, upon the same terms and conditions and under the same laws and regulations governing the granting of new trials in the Superior Courts; and all rules of pleading, practice and procedure, governing motions, rules nisi and other proceedings in new trials in the Superior Courts, shall apply to and govern the same in said city court. New trials. Section 29. Be it further enacted by the authority aforesaid, That writs of error shall be directed from said city court to the Supreme Court and the Court of Appeals of this State upon bills of exceptions filed under the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writ of error. Section 30. Be it further enacted by the authority aforesaid, That the judge of the Superior Court of Stephens County may send down from the Superior Court of said county all presentments and bills of indictment for misdemeanors to said city court for trial or other disposition, the order so transmitting such cases to be entered on the minutes of both of said courts. Transfer of indictments. Section 31. Be it further enacted by the authority aforesaid, That all suits shall be by petition, and process shall be made returnable to the next term of said court, whether the same is a monthly or a quarterly term, provided such suit is filed in the clerk's office not less than twenty days before the first day of said term; and when the petition is filed on a date less than twenty days before the first day of said term, the process shall be made returnable to the next succeeding term thereafter, whether monthly or quarterly, which shall be the appearance term. And whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, whether it be monthly or a quarterly term. Return term of suits.

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Section 32. Be it further enacted by the aforesaid authority, That in all cases, the judge at each term, monthly and quarterly, shall call the appearance docket upon some day previously fixed, or on the last day of the term, and, upon such call, all cases in which the defendant has not filed a demurrer, plea, answer or other defense shall be marked In Default, and in such default cases, except as such may be founded upon unliquidated claims or demands, judge shall thereupon at said appearance term, render judgment without the verdict of the jury; and in all default cases founded upon unliquidated claims or demands, the judge shall, at the request of the plaintiff, hear evidence of value or loss and fix the same, and the judge shall thereupon render judgment without the verdict of a jury. Docket call. Default in pleading. Section 33. Be it further enacted by the authority aforesaid, That, except as otherwise provided in this Act, all laws and rules that are now or may hereafter be in force in the Superior Courts of this State, in regard to appearance and pleading, calling the appearance docket, entering and opening defaults, motions, services, waivers, acknowledgments, pleadings, trials, examinations of witnesses, conduct of cases, instructions to juries, rules of evidence, answers, amendments, demurrers, pleas, procedure and practice, legal remedies, the production of books, papers, etc., shall appertain in said city court. Laws applicable. Section 34. Be it further enacted by the authority aforesaid, That all jurors in said city court, for their services for every day of actual attendance, shall be paid the same amount in the same manner and under the same rules and regulations as jurors in the Superior Court of Stephens County. Jurors' pay. Section 35. Be it further enacted by the authority aforesaid, That all suits against joint obligors, joint promisors, copartners, or joint trespassers in which any one or more resides in the County of Stephens may be brought in city

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court within its jurisdiction as already stated under the same rules and regulations governing such cases in the Superior Court mutatis mutandis as to copies, second originals, returns, and other matters connected by the suit. Joint defendants. Jurisdiction. Section 36. Be it further enacted by the authority aforesaid, That the judge of said city court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within its jurisdiction in all cases according to the general laws of the State, and the judge and all other officers of said city court shall have power, respectively, to administer oaths pertaining to their office, as the judge and other officers of the Superior Court may in like cases do; nd the said judge shall also have power to attest deeds and other papers and administer affidavits in all cases anywhere in the State in which by existing laws such papers may be attested and affidavits administered by the justices of the peace of this State. Evidence. Judge's powers. Section 37. Be it further enacted by the authority aforesaid, that attachments and garnishments in said court or returnable to said court shall be directed to the sheriff or his deputies of the City Court of Stephens County and to all and singular the sheriffs and constables of this State; and the judge of said city court may, or any justice of the peace or notary public may, issue attachments and garnishments returnable to said city court under the same laws that govern the issuing of attachments and garnishments returnable to the Superior Courts. Attachments and garnishments. Section 38. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Stephens County shall provide a suitable place in the county court house for the holding of said city court, provide the court with such stationery, writing materials and blank accusations as may be required, and provide the necessary books for keeping the dockets, minutes and records of said court. Courtroom and supplies.

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Section 39. Be it further enacted by the authority aforesaid, That all fines and forfeitures arising from cases tried in said city court, except the proportions due the solicitor, which shall be paid into the county treasury as provided for under Section 14 of this Act, shall be subject to the payment of the fees and costs of the clerk and sheriff of said court, the same to be distributed pro rata under the same rules and regulations governing the fees of said officers as now provided by law; Provided, that in all cases in which the justices of the peace and ex-officio justices of the peace have bound over any offender to said court, or to the Superior Court and the case is afterwards transferred to said city court, such magistrate binding over shall be entitled to share as to his costs in the particular case with the officers of said city court hereinbefore named, upon the same terms in any fine or forfeiture that may arise therefrom; Provided, further, that the County of Stephens shall not be liable to the said officers of said court, to wit, the clerk, sheriff, justices of the peace and ex-officio justices of the peace, for insolvent costs in any criminal case except the costs in the cases where the convicted defendants are hired out by the county authorities in which event the county authorities shall pay to the officers above named the costs in such cases. The clerk of said city court is hereby charged with the duty of collecting, receiving and prorating the fines and forfeitures mentioned herein, and it shall be his duty to keep such records thereof as are required to be kept in the Superior Court, and he shall faithfully account for all moneys as received. Fines and forfeitures. Costs. Nonliability of county. Clerk's record. Section 40. Be it further enacted by the authority aforesaid, That this Act shall become operative on April 1, 1937, and all powers, duties and rights hereunder shall be effective thereafter. Effective date.

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Section 41. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Approved February 22, 1937. STEPHENS COUNTY CITY-COURT ACT AMENDED. No. 274. An Act to amend an Act establishing the City Court of Stephens County approved February 2, 1937, by adding the word exclusive after the word courts and before the word jurisdiction in the eighth line of the first section 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. Section 1. That an Act establishing the City Court of Stephens County, approved February 22, 1937, be and the same is hereby amended by inserting the word exclusive after the word courts and before the word jurisdiction in the eighth line of said Act, so that said section when amended shall read as follows: Act of 1937 amended. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the City Court of Stephens County is hereby created and established, to be located in the City of Toccoa, which is the county site of Stephens County, which court shall have civil and criminal jurisdictions over and throughout the entire county of Stephens, concurrent with the Superior Court, to try and dispose of civil cases of whatever nature, except those which the Constitution of this State has given the Superior Courts exclusive jurisdiction; and to try and dispose of all offenses below the grade of felonies committed in the County of Stephens; and the jurisdiction herein conferred

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shall include, in addition to ordinary suits by petition and process, attachment and garnishment proceedings, habeas-corpus proceedings, illegalities, statutory awards, counter affidavits to any proceeding from said court, proceedings against intruders and tenants holding over, proceeding for partition of personalty, distress warrants, possessory warrants, and foreclosure of all liens, mortgages, and bills of sale to secure debt, except those on real estate. Jurisdiction. Section 2. Be it further enacted, That the State Printer be and is hereby directed to insert the word exclusive after the word courts and before the word jurisdiction in line eight of Section 1 of the Act establishing the City Court of Stephens County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. SWAINSBORO CITY COURT SALARIES. No. 20. An Act to amend an Act entitled An Act to establish the City Court of Swainsboro, in and for the County of Emanuel; to define its jurisdiction and powers; to provide for the election of the judge and solicitor thereof and define their powers and duties, and provide for their compensation; to provide for a clerk and sheriff thereof, and prescribe their duties and fees; to provide for pleading and practice and new trial therein, and writs of error therefrom, and for other purposes, approved August 21, 1916; to provide for increased compensation for the judge and solicitor of said City Court of Swainsboro, to provide for decreased bond for sheriff of said City Court of Swainsboro; to provide when effective; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 21, 1916, creating the City Court of Swainsboro, published in Georgia Laws of 1916, pages 297 to 314, inclusive, be amended as follows: Act of 1916 amended. Section 1. That Section 2 of said Act be amended by striking from the seventeenth, eighteenth, and nineteenth lines of said section the language: Fifteen hundred dollars per annum, which shall not be increased or diminished during his term of office, and inserting in lieu thereof the language: Eighteen hundred dollars per annum; so that when said section is amended will read as follows: Section 2. Be it further enacted, That there shall be a judge of the City Court of Swainsboro, who shall be elected by the qualified voters of Emanuel County on Tuesday after the first Monday in November of the year 1916, for a term of four years from the first of January, 1917, and at the general election for State and county officers to be held each fourth year thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified; and Provided, that all vacancies in the office of judge, which may occur by death, resignation, removal, or otherwise, shall be filled by appointment of the Governor for the residue of the unexpired term, such appointment being subject to the approval of the Senate which then may be in session, or, if the Senate be not in session at the time of such appointment, then subject to the approval of the Senate at its next session thereafter. The judge of said court shall receive a salary of eighteen hundred dollars per annum, and shall be paid monthly out of the treasury of the County of Emanuel by the person or persons charged by law with the paying out of the money of Emanuel County. Judge's salary increase. Section 2. That Section 8 of said Act be amended by striking from the fourteenth, fifteenth, and sixteenth lines

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of said section the following language: One thousand dollars per annum, which shall not be increased or diminished during his term of office, and inserting in lieu thereof the language: Twelve hundred dollars per annum; so that when said section is amended will read as follows: 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 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 said City Court of Swainsboro shall receive a salary of twelve hundred dollars per annum, and shall be paid monthly out of the treasury of the County of Emanuel by the person or persons charged by law with the paying out of the money of Emanuel County. No person shall be eligible to the office of solicitor of said city court who is not twenty-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. Solicitor's salary increase. Section 3. That Section 12 of said Act be amended by striking from the eighth line of said section the following language: Five thousand dollars, and inserting in lieu thereof the language: Fifteen hundred dollars; so that when said section is amended will read as follows: Section 12. Be it further enacted by the authority aforesaid, That the sheriff of Emanuel County and his deputies

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shall be the ex-officio sheriff and deputy sheriffs of the City Court of Swainsboro. The said sheriff shall execute a bond with good security in the sum of fifteen hundred dollars for the faithful discharge of the duties of said office. Said bond shall be approved by the ordinary of said Emanuel County and be filed and recorded in the office of said ordinary. He shall have the same authority to appoint a deputy or deputies as provided in the Code for the appointment of deputy sheriffs. Sheriff's bond reduced. Section 4. That this amendment to said Act shall be effective beginning February 1, 1937. Effective date. Section 5. That all laws and parts of laws in conflict with this amendment of said Act shall be and are hereby repealed. Approved February 10, 1937.

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TITLE II. COUNTIES AND COUNTY MATTERS. ACTS. Bacon Commissioner's Pay. Baldwin Sheriff's BondAmount. Banks Sheriff's BondAmount. Barrow Board of Commissioners Created. Ben Hill Commissioners' ChairmanRepeal Referendum. Ben Hill Sheriff's Bond Reduced. Berrien Commissioners' Districts. Berrien Sheriff's Bond Reduced. Bibb Commissioners' Pay Increase. Brantley CommissionersRoads. Brantley Tax-Commissioner's Bond. Bryan CommissionersAmendments. Bryan County-Site Removed. Bryan Treasurer's Salary Increase. Bulloch Commissioners' Salaries. Bulloch Tax-Commissioner. Burke Sheriff's BondAmount. Burke Tax-Commissioner's Pay. Catoosa Tax-CommissionerReferendum. Charlton Sheriff's Bond Reduced. Charlton Sheriff's Bond Reduced. Chatham County License Taxes. Chatham County Pension Board. Chatham County Special Tax. Chattahoochee Board of Commissioners. Chattooga CommissionersAmendments. Clinch Commissioners' Terms. Coffee County Commissioners Act of 1931 Repealed. Coffee County Commissioner. Coffee County Tax-Collector. Coffee County Tax-Receiver. Coffee Tax-CommissionerAct of 1931 Repealed. Coffee Tax-CommissionerAct of 1935 Repealed. Cook Sheriff's BondAmount. Coweta County Tax-Commissioner. Macon County Commissioners' Pay. Madison CommissionersAdvisory BoardAttorney. Marion Board of CommissionersAct of 1925 Repealed. Marion Board of Commissioners Created. McDuffie TreasuryBond Required. McIntosh Sheriff's Bond Reduced. Mitchell Sheriff's BondAmount.

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Mitchell Tax-Collector and Receiver. Monroe Sheriff's Bond Reduced. Montgomery Board of Commissioners. Muscogee PrimaryElection Act Repealed. Muscogee Sheriff's BondAmount. Newton Treasurer's Salary and Bond. Peach Sheriff's Bond Reduced. Pierce CommissionersAct Repealed. Pierce CommissionersBoard Created. Pike Sheriff's Bond Reduced. Pulaski Ordinary's Bond and Pay. Richmond Board of EducationPay. Richmond Board of EducationRegulation of Teachers. Schley Commissioners' Clerk's Pay. Stephens CommissionersAct Repealed. Stephens Board of Commissioners Created. Sumter Primary Election Candidates. Taylor Sheriff's Bond Reduced. Turner Sheriff's Bond Reduced. Twiggs Tax-Commissioner's Pay. Union Tax-CommissionerReferendum. Union TreasurershipReferendum. Washington Commissioner's Pay. Washington CountyCouncil Act Repealed. Washington County Council Created. Washington Tax-Commissioner's Pay. Wayne Tax-Commissioner's Pay. Wilcox CommissionersAmendments. Wilkinson County Purchases. Decatur Tax-Commissioner's Salary. DeKalb Primary Elections. Dodge County Primary Elections. Dodge County Primary Elections. Dodge County Treasurer's Bond. Dodge County Warrants, etc.Act of 1935 Repealed. Dodge Tax-Commissioner's Salary. Dooly Sheriff's Bond Reduced. Douglas Sheriff's Bond Reduced. Echols Commissioners' Bonds. Echols Commissioners' BondsAct of 1935 Repealed. Effingham Electrical Examiners. Elbert Tax-Commissioner's Pay. Emanuel CommissionersElection of ClerkReferendum. Fannin CommissionElection. Fannin Commissioner's Pay. Franklin Tax-Commissioner's Pay. Fulton Commissioners' ElectionsSpecification by Candidates. Fulton CommissionersRemovalRecall Election. Glynn Board of Commissioners Abolished. Glynn Board of Commissioners Created. Glynn Tax-Commissioner's SalaryClerical Help. Gwinnett Commissioners' Pay. Hall CommissionersAmendments. Haralson Tax-Commissioner's Pay. Heard CommissionerAmendments. Houston Sheriff's Bond Reduced.

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Jackson Sheriff's Bond Reduced. Jasper Tax-Commissioner's Pay. Jefferson Commissioners' Bonds. Jefferson Sheriff's Bond Reduced. Johnson Ordinary and ClerkPay. Lamar Sheriff's BondAmount. Lanier CommissionersAmendments. Laurens Sheriff's Bond Reduced. Liberty Commissioners' Residence. Lincoln Treasurer's Bond Premium. Long Sheriff's Bond Reduced. Lowndes Sheriff's Bond Reduced. Lumpkin CommissionersAmendments. BACON COMMISSIONERS' PAY. No. 159. An Act to amend an Act approved August 20, 1927, Georgia Laws of 1927, pages 488 to 494, both inclusive, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Bacon, and to provide for the election of members thereof, to define their duties and powers, etc., by adding after the word year where the same appears in the eighth line of Section 9 thereof the following: unless said Board of Commissioners by proper resolution, which it is hereby authorized in its discretion to do, require said chairman to devote more of his time to the business and affairs of said county than is herein provided by the above limitation, in which event said chairman shall receive compensation at the rate of four ($4.00) dollars per day for each day's time that he may be required and ordered by said board to devote monthly to the business and affairs of said county, and by striking the words and figures not to exceed $35.00 per month where the same appear in the tenth and eleventh lines of said Section 9, 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 described Act approved August 20, 1927,

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Georgia Laws of 1927, pages 488 to 494, both inclusive, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Bacon, etc., be and the same is hereby amended by adding after the word year where the same appears in the eighth line of Section 9 thereof, the following: unless said Board of Commissioners by proper resolution, which it is hereby authorized in its discretion to do, require said chairman to devote more of his time to the business and affairs of said county than is herein provided by the above limitation, in which event said chairman shall receive compensation at the rate of four ($4.00) dollars per day for each day's time that he may be required and ordered by said board to devote monthly to the business and affairs of said county, and by striking the words and figures not to exceed $35.00 per month where the same appear in the tenth and eleventh lines of said section, so that said section as amended will read as follows: Act of 1927 amended. Section 9. Be it further enacted, that members of said Board of Commissioners of Roads and Revenues shall each receive as their compensation four ($4.00) dollars per day for attending meetings of said board, but not to exceed one hundred ($100.00) dollars per annum for any one Commissioner, except the chairman of said board, who shall receive four ($4.00) dollars per day, but in no event shall his compensation exceed five hundred dollars per year, unless said Board of Commissioners by proper resolution, which it is hereby authorized in its discretion to do, require said chairman to devote more of his time to the business and affairs of said county than is herein provided by the above limitation, in which event said chairman shall receive compensation at the rate of four ($4.00) dollars per day for each day's time that he may be required and ordered by said board to devote monthly to the business and affairs of said county. The clerk of said board shall be paid such salary as the board deems right and proper. Pay of board members.

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Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Approved March 12, 1937. BALDWIN SHERIFF'S BONDAMOUNT. No. 177. An Act to fix the amount of the bond of the sheriff of Baldwin County, Georgia, at three thousand ($3,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. From and after the passage of the same, and the approval thereof, the bond to be given by the sheriff of Baldwin County, Georgia, to enable him to qualify, shall be for and in the sum of three thousand ($3,000.00) dollars. Bond of $3,000.00. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 16, 1937. BANKS SHERIFF'S BONDAMOUNT No. 68. An Act to fix the bond of the sheriff of Banks County, Georgia at $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 on and after the passage of this Act, the bond to be given by the sheriff of Banks County, Georgia, to enable

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him to qualify, shall be fixed in the amount of $5,000.00. Bond of $5,000.00. Section 2. Be it further enacted by the authority aforesaid, that all laws in conflict with this Act be, and the same are hereby repealed. Approved March 1, 1937. BARROW BOARD OF COMMISSIONERS CREATED. No. 143. An Act to create a Board of Commissioners of Roads and Revenues for the County of Barrow; to provide for the election of members thereof by the qualified voters of said county; to define all their powers and duties, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues of the County of Barrow, to consist of three persons, is hereby created, said Commissioners shall be freeholders and qualified voters of said county; 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 in this Act. Said Commissioners shall be of business qualities and experience. Board of three. Qualifications. Section 2. Be it further enacted by the authority aforesaid, that for the purpose of this Act the said County of Barrow shall be divided into three road districts to be constituted as follows, to wit: Road District No. 1 shall be composed of the Houses Militia District; Road District No. 2 shall be composed of Chandlers, Statham, Jones and Bethlehem Districts. Road District No. 3 shall be composed

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of Ben Smith, Auburn, Pentecost and Cains Militia Districts. Road districts. Section 3. Be it further enacted by the authority aforesaid that there shall be a referendum held by ballot on April 14, 1937, and voted on by the voters of Barrow County. The form of the ballot shall be For creation Board of County Commissioners Against Creation of Board of County Commissioners. If this Act is made effective by the voters of Barrow County, then an election shall be held on May 12, 1937, for the purpose of electing County Commissioners and such Commissioners elected shall take office on the first Tuesday in July, 1937. Elections as to this Act, and of board. Section 4. 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 Barrow County at large. The resident of a road district receiving the highest number of votes by the voters of Barrow County shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Barrow County, Georgia. Election of Commissioners. Section 5. 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. Section 6. Be it further enacted by the authority aforesaid, that before any Commissioner shall qualify and perform any of the duties of his office under this Act, he shall give a good Corporate Surety Bond in the sum of two thousand ($2,000.00) dollars to be approved by the ordinary of said county and payable to the ordinary of said county for the faithful performance of any and all duties of said office; said bond to be paid for by the county, Provided,

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that this provision of this section shall go into effect immediately upon passage of this Act. Bond of Commissioner. Section 7. 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 filled by appointment. Section 8. 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. Unlawful expense. Penalty. Section 9. 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 that no account shall be paid at any time except 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. Payments regulated. Section 10. 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. Forbidden Acts.

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Section 11. 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 thirty-six (36) days' service during any one year. The clerk of the court of ordinary shall be clerk for the said Commissioners and shall keep a record of the actings and doings of the board, at the courthouse 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 seventy-five ($75.00) dollars per month for services rendered. 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. Pay of board members. Clerk. Salary. Chairman. Oaths. Section 12. 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, including machinery, tools, lumber, gas and oils and anything else purchased for the use of said county. Said Commissioners shall secure competitive bids on all purchases above $300.00. Requests for supplies must be submitted to County Commissioners in duplicate and purchased by a board as above stated, except for such limit as may be given the said county officers by said Board of Commissioners. Purchases for county. Bids. Section 13. Be it enacted by the authority aforesaid, that said Commissioners shall have exclusive jurisdiction

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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 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 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, janitors of court-house, superintendent of pauper farm, county physicians and health officer, and other employees as needed and authorized by law; in regulating peddling, and to have to exercise all the powers before vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as indispensable to their jurisdiction over all county matters and all county finances. Jurisdiction of the board. Section 14. 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 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

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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. Orders. Section 15. 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 county than in another, except farm to market roads, and the work shall be fairly and equitably divided between the different road districts according to the needs of the roads of said districts. Roads. Section 16. 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 Barrow 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. Attorney. Section 17. Be it enacted by the authority aforesaid, that the said Commissioners shall have the right to employ a county physician for paupers of said county, county jail and county convicts, at a salary they shall deem fair and reasonable. Physician. Section 18. Be it enacted by the authority aforesaid, that the clerk of the said Board of Commissioners mentioned in Section 11 of this Act, shall on and after the passage of this Act give a corporate surety bond in the sum of one thousand ($1,000.00) dollars, to be approved by the ordinary of said county, and payable to the ordinary of said county, for the faithful performance of any and all

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duties of said office, said bond to be paid for by Barrow County. The property of said clerk as well as the security on this 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. Section 19. Be it enacted by the authority aforesaid, that the clerk of County Commissioners 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 different departments of Barrow County. Said clerk is hereby authorized and directed to secure such information from all county officers. Monthly statement. Section 20. 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 Barrow County, and all moneys 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 tax-payers the financial condition of the county. The ordinary of Barrow County shall record this report and for this service shall receive out of the county treasury the sum of five ($5.00) dollars. It shall be the duty of said board to submit a similar statement to the grand jury at each spring term of Barrow Superior Court. Annual reports. Financial condition. Ordinary's record. Grand jury. Section 21. 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

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the same rules that govern, define and control the powers of a court of ordinary, when sitting for county purposes. Court powers. Section 22. Be it enacted by the authority aforesaid, that nothing in this Act shall be construed to permit said Commission to hinder or delay farm to market roads approved now or to be approved later by Works Progress Administration. Farm to market roads. Section 23. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 10, 1937. BEN HILL COMMISSIONERS' CHAIRMANREPEAL REFERENDUM. No. 312. An Act to repeal the Act approved March 8, 1933, as published in Georgia Laws of 1933, pages 401-403, amending the Act creating the office of Commissioners of Roads and Revenues for Ben Hill County, increasing the compensation of the chairman of said Board of Commissioners, defining his duties; providing for the making of monthly reports and for the election of a chairman every two years; making the repeal of the Act above referred to subject, however, to a referendum; providing for the date and manner of holding and qualifications of voters in such referendum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 8, 1933 (Ga. Laws of 1933, pages 401-403), which Act amends the Act creating the Board of County Commissioners of Ben Hill County, increasing the salary and duties of the chairman of said board and providing for the election of such chairman,

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the making of monthly reports by him and providing the manner of electing members of the board, be and the same is hereby repealed, subject to the referendum as hereinafter provided. Act of 1933. Referendum to repeal. Section 2. 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 Ben Hill County, Georgia, voting thereon at an election to be held for that purpose on November 17, 1937. Such election shall be called and notice given thereof by the ordinary of the county in the same manner as in the case of other special elections, and the same laws, rules and regulations as govern other special elections shall be applicable to said election. The managers of said election shall make the returns of said election to the ordinary, and when consolidated he shall declare and publish the result. The ballots used at said election shall have printed thereon the following: Election. 1. For repealing the Act providing for the election of the chairman of the Board of County Commissioners. Ballots. 2. Against repealing the Act providing for the election of the chairman of the Board of County Commissioners. Those favoring the repeal of the Act providing for the election of the chairman of the Board of County Commissioners for Ben Hill County shall vote, For repealing the Act providing for the election of the chairman of the Board of County Commissioners, and those opposed to repealing the Act providing for the election of the chairman of the Board of County Commissioners for Ben Hill County shall vote, Against repealing the Act providing for the election of the chairman of the Board of County Commissioners. If a majority of the qualified voters of Ben Hill County participating in said election vote, For repealing the Act providing for the election of the chairman of the Board of County Commissioners, then this Act shall be of full

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force and effect, and the Act approved March 8, 1933 (Ga. Laws of 1933, pages 401-403), shall be repealed, and the provisions of the Act approved August 15, 1914 (Ga. Laws of 1914, pages 232-239), relating to the election of a chairman of the Board of County Commissioners, prescribing his duties, fixing his compensation and providing how and when the Commissioners of Roads and Revenues shall be elected, shall have the same force and effect as when originally enacted; and the ordinary shall so declare and publish. If a majority of the qualified voters of Ben Hill County participating in said election shall vote Against repealing the Act providing for the election of the chairman of the Board of County Commissioners, then this Act shall not become effective, and the Act approved March 8, 1933, providing for the election of a chairman of the Board of County Commissioners, fixing his compensation, prescribing his duties, and providing the manner of electing Commissioners of Roads and Revenues shall remain of full force and effect; and the ordinary shall so declare and publish. Publication of result. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1937. BEN HILL SHERIFF'S BOND REDUCED. No. 324. An Act to reduce the bond of the sheriff of Ben Hill County from ten thousand ($10,000.00) dollars, as now fixed by law, to five thousand ($5,000.00) 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 to be given by the sheriff of Ben Hill County is

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hereby reduced from ten thousand ($10,000.00) dollars, as now fixed by law, to five thousand ($5,000.00) dollars. Amount reduced. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1937. BERRIEN COMMISSIONERS' DISTRICTS. No. 77. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Berrien providing for the election of Commissioners of Roads and Revenues by the qualified voters of the entire county, and for other purposes, approved August 19, 1927, by striking section 2 of said Act in its entirety, and by substituting a section in lieu thereof providing for a division of Berrien County into three districts to be known as commissioners districts, and further providing for the election of one Commissioner of Roads and Revenues from each of said commissioners districts by the qualified voters of the entire county; 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 2 of that certain Act of the General Assembly of Georgia approved August 19, 1927 (Acts of 1927, page 499), providing that the Commissioners of Roads and Revenues of Berrien County, Georgia, shall be elected by the qualified voters of the entire county as all other county officers are now elected be and the same is hereby repealed, and that there be enacted and substituted therefor a section to be known as Section 2, to read and be as follows: Act of 1927, Sec. 2, repealed.

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That the County of Berrien shall be divided into three districts, to be known as commissioners districts and composed of the following militia districts in said county, to wit: District No. 1 shall be composed of the militia districts known as the Upper Tenth, the Lower Tenth, Ray City and Lois Districts; District No. 2 shall be composed of the militia districts known as the Nashville District and New River District; District No. 3 shall be composed of the militia districts known as the Jordan, Enigma and Alapaha Districts. One Commissioner of Roads and Revenues for said county shall be elected from each of the commissioners districts aforesaid. He shall be a resident and qualified voter of the commissioners district from which he is elected and shall be voted for and elected by the qualified voters of the entire county. In primary elections conducted by any political party the Commissioner in each district receiving the highest votes shall be declared the nominee and in general election the Commissioner in each district receiving the highest vote shall be declared elected. New Sec. 2. Districts. Election. Eligibility. Section 2. Be it further enacted that this amending Act shall be of force from and after the date of its passage and approval, except that the Commissioners of Roads and Revenues now serving said County of Berrien shall continue in office until the expiration of the terms for which they were elected and their successors then shall be selected and elected from the several commissioners districts as in this Act provided. Continuance in office. Section 3. Be it further enacted that Section 3-A of said Act of the General Assembly of Georgia approved August 19, 1927, providing for a referendum shall not apply to this Act. Non-application. Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1937.

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BERRIEN SHERIFF'S BOND REDUCED. No. 229. An Act to reduce the official bond of the sheriff of Berrien County, Georgia, from ten thousand ($10,000.00) dollars, to five thousand ($5,000.00) dollars; 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 from and after the passage of this Act, the amount of the official bond of the sheriff of Berrien County, Georgia, be and it is hereby reduced from ten thousand ($10,000.00) dollars, to five thousand ($5,000.00) dollars. Amount reduced. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 22, 1937. BIBB COMMISSIONERS' PAY INCREASE. No. 194. An Act to amend an Act to amend an Act entitled An Act to establish a County Board of Commissioners of the County of Bibb; to define their duties; and for other purposes therein named, which said amendatory Act was approved September 28, 1889, and Acts amendatory thereof, so as to increase the compensation of the members of the County Board of Commissioners for the County of Bibb from the present rate of six hundred dollars per annum to nine hundred dollars per annum, and to provide for the payment thereof out of the county treasury of Bibb County; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the Act approved September 28, 1889, which amended the Act creating the County Board of Commissioners for the County of Bibb, said latter Act having been approved on the 6th day of February, 1873, and contained in the published Acts of 1873 at page 219, et seq., by striking the words two hundred dollars in said amendatory Act of 1889 (by subsequent amendments raised to six hundred dollars) and substituting in lieu thereof the words nine hundred dollars, so that said section as amended shall read as follows: That it shall require three of said Commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or decree. Each of said Commissioners shall be entitled to a salary at the rate of nine hundred dollars per annum for their services as County Commissioners during their continuance in office, to be paid out of the treasury of said county upon warrant drawn by said board, or a majority thereof. Acts amended. Increase of pay. Section 2. Be it further enacted by the authority aforesaid that the compensation of each of said members shall, from the date of the passage of this Act, be at the rate of nine hundred dollars, payable monthly out of the treasury of said county. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 18, 1937. BRANTLEY COMMISSIONERSROADS. No. 150. An Act to require the Commissioners of Roads and Revenues of Brantley County to establish, provide and maintain

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roads over which school-bus routes are located, upon the recommendation of the various school trustees; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. The Commissioners of Roads and Revenues of Brantley County are hereby required to establish and maintain roads in Brantley County over which school-bus routes are operated or located, upon the recommendation of the various school district trustees of Brantley County. Roads for school-bus routes. Section 2. The said Commissioners of Brantley County are hereby authorized and required to establish and maintain other and additional roads upon the recommendation of the various school-district trustees over which school-bus routes may be operated in the future, so as best to serve the interest of the patrons of the various schools in Brantley County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1937. BRANTLEY TAX-COMMISSIONER'S BOND. No. 146. An Act requiring the Tax-Commissioner of Brantley County, Georgia, to give bond in the sum of $15,000.00. The same to be signed by a surety company authorized to do business in this State; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. From and after the passage of this Act the Tax-Commissioner of Brantley County, Georgia, is hereby

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required to give bond in the sum of $15,000.00, for the faithful discharge of his duties as Tax-Commissioner, including the accounting to the county for all funds that may come into his possession, and making a true and prompt report thereof as required by law. Bond of $15,000.00. Section 2. This Act shall take effect within 30 days from and after its passage and approval by the Governor, so far as the present Tax-Commissioner is concerned, it being his duty to comply herewith within said period of time. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1937. BRYAN COMMISSIONERSAMENDMENTS. No. 306. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan as amended Act 1935: to define their powers and duties; to provide for the method of selection of members, prescribe their qualifications, and for other purposes, appearing on pages 505-510 of the Acts of the General Assembly of 1927 as amended Act 1935, approved February, 1935, and by providing that the salary of the chairman and clerk of the Board of Commissioners shall be $50.00 per month instead of $25.00 per month: to increase the per diem of board members for the regular monthly meeting of said board from $5.00 to $10.00 per day; to change the regular monthly meeting of said board from the first Tuesday to the second Monday of each month; to require all bids for the sale of supplies, materials, equipment, etc., to be submitted in writing to the purchasing agent and the recording of the same by the clerk of the board; 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 that: Section 1. Section 6 of the Act creating a Board of Commissioners of Roads and Revenues for the County of Bryan appearing on page 507 of Georgia Laws of 1927 as amended Act 1935 providing: Acts amended. Be it further enacted by the authority aforesaid, that said board shall hold its regular sessions on the first Tuesday in every month at the county site, and shall receive the sum of $5.00 for every day for such meetings; and on other occasions than a regular meeting on the first Tuesday, they shall receive the sum of $5.00 per diem, upon statements showing the date of such meetings, for what purpose convened and upon what matter, be, and the same is hereby amended by striking the said section in its entirety from the said Act, and by substituting in lieu thereof the following paragraph: Be it further enacted by the authority aforesaid, that said board shall hold its regular meetings on the second Monday in each month at the county site. Each member of the said board shall receive for his attendance upon said regular meetings the sum of $10.00 per day; provided, however, that each member of the said board shall receive the sum of $5.00 per day for all called or extra meetings of the said board. Provided, however, these shall not exceed 12 per year. Before any Commissioner is paid for attendance upon such meetings of the said board, either regular or called, he shall file a statement with the clerk of the said board, showing the date of such meetings, and for what purpose convened. Pay of board members. Section 2. Section 9 of the Act creating the Board of Commissioners of Roads and Revenues for the County of Bryan appearing on page 507 of the Georgia Laws of 1927 as amended by Act 1935 providing:

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Be it further enacted by the authority aforesaid, that the chairman and clerk of said board shall receive a monthly salary of not more than $25.00 per month, and the same to be fixed by the Board of Commissioners, be, and the same is hereby amended by striking therefrom the words and figures twenty-five ($25) dollars, and by substituting in lieu thereof the words and figures, fifty ($50) dollars so that Section 9 of said Act when amended will read as follows: Be it further enacted by the authority aforesaid, that the chairman and clerk of said board shall receive a monthly salary of fifty ($50) dollars per month. Salaries increased. Section 3. The Act to create a Board of Commissioners of Roads and Revenues for the County of Bryan appearing on pages 505-510 of the 1927 Georgia Laws as amended by Act 1935 be, and the same is hereby amended by adding thereto a new section to be appropriately numbered, to read as follows: All proposals or bids by which supplies, materials or equipment are sought to be sold to the county must be in writing and filed with the clerk of the Board of County Commissioners, who shall record all such bids in a permanent record, kept for that purpose and before any such bid or proposal is accepted or rejected, such bid or proposal must be recorded in the office of the clerk of the said board, such acceptions or rejections of the bid or proposal shall be made by the board and the purchasing agent shall purchase only such goods, materials and articles thus selected at a regular meeting of said board, all bids or proposals to sell material, supplies or equipment to the county shall be permanently retained as a record in the office of the clerk of the said board. Bids for supplies. Record. Section 4. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1937.

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BRYAN COUNTY-SITE REMOVED. No. 35. An Act to remove the county-site of Bryan County from Clyde to Pembroke in said county; to declare Pembroke the county-site of said county; and for other purposes. Whereas an election has been duly and legally held in Bryan County for removal of the county-site of said county, and at said election, by a majority of more than two-thirds of the qualified voters in said county, voting at said election, it was voted that the county-site should be removed from Clyde to Pembroke in said county; Whereas the Secretary of State has duly certified the results thereof, pursuant to law, showing that there was 732 votes polled in said election, and that 500 of said votes were for removal to Pembroke and 232 were against removal, and that more than two-thirds of the 732 voting in said election voted in favor of removal of said county-site from Clyde to Pembroke: Be it therefore enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same; First. That the county-site of Bryan County be and the same is hereby removed and changed from Clyde to Pembroke in said county. Removal to Pembroke. Second. That from and after the passage of this Act the City of Pembroke in Bryan County be and the same is hereby declared to be the county-site of Bryan County. Third. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved February 11, 1937.

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BRYAN TREASURER'S SALARY INCREASE. No. 323. An Act to amend an Act entitled an Act to create and establish the office of County Treasurer of Bryan County, Georgia; to provide for his election, qualification, salary, duties, and tenure of office, and for other purposes, approved August 19, 1927, by fixing salary of said treasurer at $1,000.00 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 authority of the same, that from and after the passage of this Act that Section 3 of that certain Act creating the office of County Treasurer of Bryan County, approved August 19, 1927, be, and the same is hereby amended as follows: By striking from said Section 3 of the Act of 1927 the words and figures fifty ($50.00) dollars per month and inserting in lieu thereof the words and figures one thousand ($1,000.00) dollars per year, payable monthly so that said Section 3 shall read as follows: Act of 1927 amended. Section 3. Be it further enacted, that the treasurer of Bryan County shall receive, as full salary and compensation as such treasurer, the sum of $1,000.00 per year, payable monthly, which sum shall be paid by the county treasury each month after such treasurer enters upon his duties as such. Salary increase. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. BULLOCH COMMISSIONERS' SALARIES. No. 285. An Act to amend an Act entitled: An Act to provide for the creation of a Board of County Commissioners for the

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County of Bulloch; to provide for the members of said board; to prescribe their powers and duties; to prescribe their compensation; to provide for the manner of their election; and to provide that the candidates for the position of chairman and clerk of said board shall announce themselves as a candidate for chairman and clerk; to prescribe for the length of time for which the various members are elected and the term of office of the members of said board and for other purposes; which Act was approved August 11, 1924. This amendatory Act to change the salaries of the two members of said board. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 11, 1924, creating the Board of County Commissioners of Bulloch County be amended as follows: By striking from Section 5 of said Act the last sentence of section 5 to wit: The salary of the other two members of said board shall be two hundred ($200.00) dollars per year, and inserting in lieu thereof the following: The salary of the other two members of said board shall be three hundred ($300.00) dollars per year so that said Section 5 as amended by this Act shall read: Be it further enacted by the authority aforesaid, that the salary of the chairman and clerk of said board shall be three thousand ($3,000.00) dollars per annum. The chairman and clerk is hereby required to devote all his time to the duties of his office, and at his own expense provide his means of transportation over the county. The salary of the other two members of said board shall be three hundred ($300.00) dollars per year. Act of 1924 amended. Salary increase. Section 2. Be it further enacted by authority aforesaid, That all laws and parts of laws in said Act conflicting with this Act as amended herewith be and the same are hereby repealed. Approved March 23, 1937.

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BULLOCH TAX-COMMISSIONER. No. 307. An Act to abolish the offices of tax-receiver and tax-collector of Bulloch County, Georgia; to create the office of Bulloch County Tax-Commissioner; to fix his qualifications, his compensation, his duties and his term of office; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective shall be of full force and effect as to Bulloch County Tax-Commissioner, so far as the same are applicable, and where not herein abolished; to provide that the tax fi. fas. issued by the tax-collector and unpaid when this Act takes effect shall continue of full force and be collected by the Tax-Commissioner as could have been by the tax-collector; to provide that all fees, commissions, and other costs and compensations formerly paid to either the tax-receiver or the tax-collector, or collected by either of them before this Act becomes effective, shall be collected by the Bulloch County Tax-Commissioner and by him paid to the County Board of Roads and Revenues of Bulloch County, or the bank designated as a depository for the county funds; to provide for the election of Bulloch County Tax-Commissioner; to provide for the filling of vacancies in the office of Tax-Commissioner; to provide for the giving of bonds by such officer; to provide for reports to the State and county and the making of settlements, the taking of the oath of Bulloch County Tax-Commissioner; and the putting into effect the Constitution of the State, as contained in Article 11, Section 3, Paragraph 1, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of tax-receiver and tax-collector of Bulloch County, Georgia, are hereby abolished

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and the duties of the two offices aforesaid are hereby consolidated into one office. Offices abolished. Section 2. Be it further enacted by authority aforesaid, that the office of Bulloch County Tax-Commissioner is hereby created in lieu of said abolished offices of tax-receiver and tax-collector, and the rights, duties and liabilities of said office of Bulloch County Tax-Commissioner shall be the same as the rights, duties and liabilities of the tax-receiver and tax-collector of said county, so far as the same are applicable. Tax-Commissioner. Section 3. Be it further enacted by the authority aforesaid, that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the tax-collector of Bulloch County, Georgia, shall have full force and effect and be collected by the Bulloch County Tax-Commissioner. Tax collections. Section 4. Be it further enacted by the authority aforesaid, that all fees, commissions, and all other compensations allowed to the tax-receiver and tax-collector of Bulloch County, Georgia, at the time this Act becomes effective, all 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 Bulloch County, Georgia. Fees, etc., to treasury. Section 5. Be it further enacted by authority aforesaid, that Bulloch County Tax-Commissioner shall hold office for a term of four (4) years, beginning January 1, 1941, and said Tax-Commissioner shall be elected at the regular general election to be held for the State in 1940, and every four years thereafter. This Act shall become effective January 1, 1941. Term of office. Section 6. Be it further enacted by authority aforesaid, that said Bulloch County Tax-Commissioner shall be elected at the general election held in the State of Georgia

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in the year 1940, and at the same general election each four years thereafter in the same manner, time and place as clerks of the Superior Court are elected. Election. Section 7. Be it further enacted by authority aforesaid, that said Bulloch County Tax-Commissioner shall be commissioned and qualified as clerks of the Superior Courts are. Commission. Section 8. Be it further enacted by authority aforesaid, that said Bulloch 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 three thousand ($3,000.00) dollars per annum, to be paid in equal monthly installments; and said Tax-Commissioner, out of said salary, shall pay whatever clerical help that may be necessary for him to have to perform the duties of said office. Said salary to be paid by the Commissioners of Roads and Revenues of said county from the funds in the county treasury. Salary. Section 9. Be it further enacted by authority aforesaid, that before entering upon the duties of his office the said Bulloch County Tax-Commissioner shall take the oath now prescribed by law for tax-receiver and tax-collector, and shall give a bond in such sum as may be fixed by the Board of Commissioners of Roads and Revenues of Bulloch County, Georgia, which bond shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia and shall be approved by the Commissioners of Roads and Revenues for said county. And the bond premium shall be paid by the Commissioners of Roads and Revenues of Bulloch County out of the funds of Bulloch County, Georgia, as a part of the expense of county government. Oath and bond.

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Section 10. Be it further enacted by authority aforesaid, that the Commissioners of Roads and Revenues of Bulloch County, Georgia, shall levy and collect a tax for the maintenance of said office and of the office supplies and pay the salary of said Bulloch County Tax-Commissioner and said County Commissioners shall pay annually out of the general funds of the county the premium of the bond or bonds required of said Bulloch County Tax-Commissioner. Tax levy. Section 11. Be it further enacted by authority aforesaid, that said Bulloch County Tax-Commissioner shall have his office in the court-house of Bulloch County and shall keep his office open every day of the year except Sundays or legal holidays; and he shall not be required to go into any of the various precincts of said county, either to receive or collect taxes, but all taxes shall be received and collected at his office. Office. Section 12. Be it further enacted by authority aforesaid, that if a vacancy should at any time occur in said office of Bulloch County Tax-Commissioner, then the same shall be filled in the same manner as vacancies are filled in other county offices. Vacancy. Section 13. Be it further enacted by authority aforesaid, that if at any time there should occur a vacancy in the office of Bulloch County Tax-Commissioner, it shall be the duty of the Commissioners of Roads and Revenues of Bulloch County and they are hereby empowered to immediately designate some competent person to take charge of said office and perform the duties thereof until an election is held and a Tax-Commissioner is qualified and assumes the duties of said office and such person so appointed shall receive as compensation for his services a pro rata share of the yearly salary of Bulloch County Tax-Commissioner and he shall give the bond and take the oath required of said Tax-Commissioner herein. Temporary appointee.

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Section 14. Be it further enacted by authority aforesaid, that said Bulloch County Tax-Commissioner be, and he is hereby required to furnish the Commissioners of Roads and Revenues with an itemized statement under oath, each month, all fees, commissions, costs 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. And said Bulloch County Tax-Commissioner is required to make settlement on the first day of each month with the Commissioners of Roads and Revenues of said county of all moneys collected by him during the previous month, and shall likewise make a similar statement with the State authorities. Statements monthly. Section 15. Be it further enacted by the authority aforesaid, that if for any reason any portion of this Act shall be held by the court of last resort of this State to be unconstitutional, the whole of this Act shall not thereby become void but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in Article 11, Section 3, Paragraph 1. Constitutionality. Section 16. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 24, 1937. BURKE SHERIFF'S BONDAMOUNT. No. 93. An Act to fix the amount of bond of the sheriff of Burke 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

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of the same, that from and after the passage of this Act the amount of the bond to be given by the sheriff of Burke County, Georgia, to enable him to qualify, shall be not less than five thousand dollars, and not more than ten thousand dollars, the amount thereof to be fixed and approved by a majority of the Commissioners of Roads and Revenues of Burke County. Amount to be fixed. Section 2. Be it further enacted by the authority aforesaid, that the Commissioners of Roads and Revenues of Burke County shall have the discretion to reduce or increase the amount of the bond of said sheriff at any time after the passage of this Act, within the limitations prescribed in Section 1 hereof. Increase or reduction. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937. BURKE TAX-COMMISSIONER'S PAY. No. 246. An Act to amend an Act approved August 20, 1925, entitled An Act to abolish the office of tax-receiver and tax-collector of Burke County, Georgia, and to create the office of County Tax-Commissioner of Burke County, Georgia; to fix the term and compensation of said office, etc., by striking therefrom all of Section 6 of said Act and substituting for said section a new section to be numbered 6, fixing the compensation of said County Tax-Commissioner; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That a certain Act approved August 20, 1925, and published in Georgia Laws for 1925, pages 562-564,

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creating the office of Tax-Commissioner of Burke County, Georgia, be, and the same is hereby amended by striking therefrom all of Section 6 and substituting therefor a new Section 6 as follows: Section 6. Be it further enacted by the authority aforesaid, That the compensation of the County Tax-Commissioner of Burke County, Georgia, shall be all of the fees, commissions and other compensation allowed to the tax-receiver and tax-collector of said county by law prior to January 1, 1929, on the first five million dollars of taxable values as shown by the tax digest of said county, and upon all in excess of that amount the compensation shall be fifty per cent. of such fees, commissions, etc. That such compensation shall be paid monthly and in amounts proportionated to the entire compensation as nearly as the same can be determined. Act of 1925 amended. Compensation fixed. Section 2. Be it further enacted by the authority aforesaid, that the compensation for the County Tax-Commissioner of Burke County, Georgia, as provided in Section 1 of this Act shall be paid as therein provided from and after the passage and approval of this Act. Effective date. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. CATOOSA TAX-COMMISSIONERREFERENDUM. No. 24. An Act to abolish the offices of tax-collector and tax-receiver of Catoosa County, Georgia, to create the office of Tax-Commissioner of said county; to provide for the election of a Tax-Commissioner and his term of office, to provide that he shall qualify and take office at the expiration

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of the present terms of the tax-collector and taxreceiver of said county, provided the creation of the office of Tax Commissioner for said county is approved by the qualified voters of said county in the referendum herein provided for, to provide for a referendum submitting to the qualified voters of said county the consolidation of the offices of the tax collector and tax receiver, to prescribe the duties of the Tax Commissioner when this Act becomes operative after the referendum herein provided for, to fix the salary 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 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 Catoosa County, Georgia, are hereby abolished when this Act is approved by the duly qualified voters of Catoosa County, and the duties of the two offices are hereby consolidated into one office under one man, to be known and designated as the Catoosa County Tax Commissioner and the rights, duties and liabilities of the office of Catoosa County Tax Commissioner shall be the same rights, duties and liabilities of the tax receiver and tax collector of said county in so far as the same are applicable. All general laws of this State now governing the offices of tax receiver and tax collector shall govern the Tax Commissioner in so far as the same are applicable and except as hereinafter provided. Offices abolished. Tax Commissioner. Section 2. Be it further enacted by the authority aforesaid, That all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the tax collector of Catoosa County, Georgia, shall have full force and effect and shall be collected by the Catoosa County Tax Commissioner. Tax collections.

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Section 3. Be it further enacted by the authority aforesaid, That all fees, costs and commissions, and all other compensation allowed to the tax receiver and tax collector of Catoosa 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 a correct and true record kept thereof be presented to the Board of Commissioners of Roads and Revenues of said county when called for by said board of commissioners, and said funds shall be paid into the treasury of Catoosa County, Georgia, except as hereinafter provided. Costs, etc., to treasury. Section 4. Be it further enacted by the authority aforesaid, That the Catoosa County tax commissioner shall hold office for the term of four years, beginning January 1, 1941, and said tax commissioner shall be elected at the general election to be held in November, 1940, and every four years thereafter. This Act shall become effective January 1, 1941; Provided that the duly registered and qualified voters of Catoosa County shall approve the provisions of this Act in a referendum to be submitted to said voters at the time and date of the general primary or general election for State House officers, to be held in and for said county and other counties of this State in 1938; the form of submission shall be as follows: For creation of the office of tax commissioner for Catoosa County, Georgia, as provided by Acts of the General Assembly, 1937; against creation of the office of tax commissioner for Catoosa County, Georgia, as provided by Acts of the General Assembly, 1937. The returns of said election shall be made to the ordinary of said county, who shall publish the result of the same within thirty days from the date thereof. If the majority of the qualified voters so voting in said election shall favor the creation of said office, then in that event the provisions of this Act otherwise provided herein become effective. Term of office. Act effective on popular vote.

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Section 5. Be it further enacted by the authority aforesaid, That said Catoosa 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 one thousand eight hundred ($1,800.00) per annum, to be paid in monthly installments of $150.00 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 commissions now allowed tax collector on all State, professional, poll, and special taxes collected by him. Salary. Clerical help. Commissions. Section 6. Be it further enacted by the authority aforesaid, That before entering upon the duties of this office the said Catoosa 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 and Board of Commissioners of Roads and Revenues of said county. Oath. Bond. Section 7. Be it further enacted by the authority aforesaid, That the taxing authorities of Catoosa County, Georgia, shall levy a tax for the maintenance of said office and of the office supplies, and pay the salary of the Catoosa County tax commissioner, and that said taxing authorities shall pay the premium on the bond required of the tax commissioner of Catoosa County, Georgia. Tax levy. Section 8. Be it further enacted by the authority aforesaid, That the tax commissioner of Catoosa County, Georgia, shall have his office in the courthouse of said county in Ringgold, Georgia, and that he shall not be required to make any rounds to receive tax returns or tax payments, but he shall keep his office at the courthouse open for this

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purpose every day except Sundays and holidays for the purpose of transacting the duties imposed by this Act upon the tax commissioner of Catoosa County, Georgia. Office. Tax returns, etc. Section 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. Constitutionality. Section 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 February 10, 1937. CHARLTON SHERIFF'S BOND REDUCED. No. 76. An Act to reduce the official bond of the sheriff of Charlton County, Georgia, from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That on and after the passage of this Act, the bond to be given by the sheriff of Charlton County, Georgia, to enable him to qualify, shall be reduced from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars, and shall be fixed in the amount of three thousand ($3,000.00) dollars. Amount reduced.

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Section 2. That all laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1937. CHARLTON SHERIFF'S BOND REDUCED. No. 99. An Act to reduce the official bond of the sheriff of Charlton County, Georgia, from $10,000.00 to $3,000.00; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That on and after the passage of this Act, the bond to be given by the sheriff of Charlton County, Georgia, to enable him to qualify, shall be reduced from $10,000.00 to $3,000.00 and shall be fixed in the amount of $3,000.00. Amount reduced. Section 2. That all laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937. CHATHAM COUNTY LICENSE TAXES. No. 385. An Act to give authority to the County Commissioners and Ex-Officio Judges of Chatham County to fix, levy and assess taxes and license fees in said county, and giving them authority to enforce payment thereof, and for other purposes. Section 1. Be it enacted, That in addition to the ad valorem tax on real estate and personal property or other taxes and licenses allowed or required by the Constitution or laws of the State, the County Commissioners and Ex-Officio

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Judges of Chatham County shall have the authority to fix, levy, and assess such taxes and license fees on the inhabitants of said county, on those who transact or offer to transact business therein, as such county authorities may deem expedient for the safety, benefit, convenience, and advantage of such county, and may enforce payment of such license fees and taxes in such manner as the said county authorities may prescribe, and such tax shall be levied only without the limits of any incorporated town or city in said county. Taxing powers without municipal limits. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937. CHATHAM COUNTY PENSION BOARD. No. 396. An Act to amend an Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges thereof to create a Pension Board; to provide that the appointment of the members of such board shall be made by the Commissioners of Chatham County and Ex-Officio Judges thereof; to define the duties and powers of such board; to empower and authorize said Commissioners of Chatham County and Ex-Officio Judges thereof to levy taxes for such purpose and to appropriate money for the payment of pensions to employees and former employees of said county entitled thereto, under the direction and control of said Pension Board; to administer the pension fund, and to enact ordinances, rules and regulations therefor, and for other purposes. This Act is in conformity and is dependent upon the ratification of a constitutional amendment allowing Chatham County to adopt a pension system.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Commissioners of Chatham County and Ex-Officio Judges thereof are hereby authorized and empowered to establish and create by ordinance a board to be known as the Pension Board of Chatham County, with such number of members and qualifications as the said Commissioners of Chatham County and Ex-Officio Judges thereof may deem proper. Establishment of board. Section 2. Be it further enacted by the authority aforesaid, That it shall be the duty of said board to pass on all applications from employees and former employees of Chatham County who may be injured, permanently disabled or incapacitated by old age or sickness for pensions from Chatham County, to recommend said employees and former employees of said County to the Commissioners of Chatham County and Ex-Officio Judges thereof, for pensions as said board may deem worthy and entitled to same, in the manner and form and under the conditions and limitations hereinafter set forth in this Act, and subject to the rules and regulations for the same which may be adopted by the said Commissioners of Chatham County and Ex-Officio Judges thereof. After such pensions are granted, the said parties to whom such pensions may be paid shall be under the supervision of said Pension Board, who may recommend to the Commissioners of Chatham County and Ex-Officio Judges thereof, the discontinuance of such pensions at any time. Such board shall have such other duties and powers as may be conferred on it by the Commissioners of Chatham County and Ex-Officio Judges thereof by ordinance not inconsistent with the terms of this Act. Duties and powers. Section 3. Be it further enacted by the authority aforesaid, That the members of such board shall be appointed by the Commissioners of Chatham County and Ex-Officio Judges thereof for such terms as they may deem proper and

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that they may remove the members of such board with or without cause at any time and appoint their successors. Membership. Section 4. Be it further enacted by the authority aforesaid, That the said Commissioners of Chatham County and Ex-Officio Judges thereof, are hereby empowered and authorized to grant and pay pensions to such employees and former employees of said county on the recommendation of said board, in the manner and form and under the conditions and limitations hereinafter set forth in this Act, and subject to the rules and regulations for the same which may be adopted by the said Commissioners of Chatham County and Ex-Officio Judges thereof, and to levy taxes and appropriate money for such purpose and to pay the same, and to discontinue the payment of same on the recommendation of such Pension Board. Pensions. Section 5. Be it further enacted by the authority aforesaid, That the Board of Pensions created hereunder be and it is hereby authorized and empowered, with the approval of the Commissioners of Chatham County and Ex-Officio Judges thereof, to administer the pension fund hereinafter provided and set apart for employees of Chatham County and to recommend pensions for said employees to the said Commissioners of Chatham County and Ex-Officio Judges thereof, in the manner and form and under the conditions and limitations hereinafter set forth in this Act, and subject to the rules and regulations for the same which may be adopted by the said Commissioners of Chatham County and Ex-Officio Judges thereof. Any pensions recommended by said Board of Pensions for any employee of the County of Chatham shall be passed upon and approved by the said Commissioners of Chatham County and Ex-Officio Judges thereof. Administration powers. Section 6. Be it further enacted by the authority aforesaid, That the following classes of employees of the said Commissioners of Chatham County and Ex-Officio Judges

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thereof, are to be deemed eligible to be granted pensions and the following classes of pensions are hereby established. Classes eligible. (a) Any regular employee of Chatham County who has served well and faithfully for a period of twenty-five years or more (of which five (5) years' service must have been continuous and immediately before his or her retirement), shall, upon application to the said Commissioners of Chatham County and Ex-Officio Judges thereof, and to the said Board of Pensions of said county, be retired from active service if he or she is physically unfit, by reason of age, sickness or infirmities, to perform the service for which he or she was employed and in which he or she is then engaged; Provided, however, That his or her said physical unfitness to perform the said services must be established by the sworn written statements of two competent and reputable practicing physicians of Chatham County, one of whom shall be elected by the said Commissioners of Chatham County and Ex-Officio Judges thereof of said Board of Pensions, and the said employee if retired shall receive for the balance of his or her life one-half the amount of the salary paid him at the time of his or her retirement, such pension, however, in no event to exceed the sum of one hundred ($100.00) dollars per month. Service. (b) Any regular employee of Chatham County, who has reached the age of sixty (60) years and who has served well and faithfully for a period of twenty-five (25) years or more (of which five (5) years' service must have been continuous and immediately before his retirement), shall, upon application to the said Commissioners of Chatham County and Ex-Officio Judges thereof, and to said Board of Pensions, be retired from active service upon the recommendation of said Board of Pensions, if in the opinion of the Commissioners of Chatham County and Ex-Officio Judges thereof, he or she is entitled to said retirement, and said employee if retired shall receive for the balance of his

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or her life one-half of the amount of the salary paid to him or her at the time of his or her retirement as a pension; Provided, however, that such pensions shall in no event exceed the sum of one hundred ($100.00) dollars per month; and said employee shall be subject to call for active service for at least fifteen (15) days each month, if his or her physical condition permit. Age. (c) Any regular employee of Chatham County, who shall be permanently injured or disabled while in the performance of his duty as such employee, may be granted a pension by the Commissioners of Chatham County and Ex-Officio Judges thereof, upon the recommendation of said Board of Pensions, in an amount not to exceed one-half of the salary paid to him or her by the Commissioners of Chatham County and Ex-Officio Judges thereof, which in no event is to exceed the sum of one hundred ($100.00) dollars per month; Provided, that the permanent injury or disability of the said employee shall be established by the sworn written statements of two competent, reputable and practicing physicians of Chatham County, one of whom shall be elected by said Board of Pensions or said Commissioners of Chatham County and Ex-Officio Judges thereof, and Provided, further, that the Commissioners of Chatham County and Ex-Officio Judges thereof, and two-thirds of the entire membership of the Board of Commissioners of Chatham County and Ex-Officio Judges thereof shall determine in meeting assembled that said employee shall be granted a pension. The pension herein provided for may be granted irrespective of the term of service of such employee. Any employee of said county who is injured or disabled while in the performance of his or her duty and in the course of his or her employment, and elects to receive and does receive compensation under the Workmen's Compensation Laws of the State of Georgia, shall not be eligible to receive a pension from the Commissioners of Chatham County and Ex-Officio Judges thereof. Permanent injury.

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Section 7. Be it further enacted by the authority aforesaid, That if any employee of Chatham County at the time of the passage of this Act or any time in the future, desires to be eligible for a pension under the terms hereof, he or she shall from and after the passage of this Act contribute two per centum of his or her regular monthly salary to the pension fund of said county. This pension fund shall be held by the Treasurer or Disbursing Clerk of Chatham County as a trust fund for all employees of Chatham County who may contribute to the same and who may desire to be eligible for a pension. Said pension fund shall be managed and administered as aforesaid by said Board of Pensions under the direction and control of the said Commissioners of Chatham County and Ex-Officio Judges thereof. Should any employee of said county who has contributed to said fund die or resign or be dismissed from the service of said county, the amount of his or her contribution to said pension fund shall, together with interest, if any interest has accumulated thereon, be returned to said employee in case of his or her resignation or dismissal before a pension is granted to him or her, or, in case of his or her death, before a pension is granted, to his or her heirs, executors or administrators. Should any former employee of Chatham County, who has resigned or been dismissed from the service of Chatham County and who has been repaid the amount he or she has paid to the pension fund, be re-employed by the said Commissioners of Chatham County and Ex-Officio Judges thereof, he or she shall not be eligible for a pension again unless and until he or she repays into the said pension fund the amount which he has withdrawn from said fund. It shall not be obligatory upon any employee of Chatham County to contribute to said pension fund, but if he or she elects not to contribute to said fund, he or she shall not be eligible for a pension. After an employee is granted and receives a pension, he or she shall not be required to contribute to said pension fund. Contributions. Trust fund. Refund. Re-employment. Repayment.

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Section 8. Be it further enacted by the authority aforesaid, The amount of money which every employee of Chatham County shall pay into said pension fund upon his election to be eligible to receive a pension from said Commissioners of Chatham County and Ex-Officio Judges thereof shall be deducted monthly from the heads of the several departments to whom the county warrants are issued, from the salary or wages of said employees. The amount or amounts of money which each employee of said county thus contributes to said pension fund and is thus deducted from said salary or wages of said employee, shall not be subject to garnishment or attachment or to assignment. Monthly deductions. Section 9. Be it further enacted by the authority aforesaid, That supplementing said pension fund contributed and paid as aforesaid by said employees of Chatham County, there shall be an amount appropriated by the Commissioners of Chatham County and Ex-Officio Judges thereof, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said Commissioner of Chatham County and Ex-Officio Judges thereof are hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and paying pensions to its said employees under the terms and provisions of this Act. Supplemental appropriation. Tax levy. Section 10. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to deprive any employee of the Commissioners of Chatham County and Ex-Officio Judges thereof, of the number of years of service in the employ of said county which he or she has to his or her credit in determining the right of such employee to a pension at any time hereafter. The number of years which any employee of said county who desires a pension and who elects to come under the provisions of this Act, has heretofore served in the employ of Chatham County,

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shall be preserved and shall be counted and computed to his or her credit and in his or her behalf when said employee applies for a pension under the terms of this Act and under any of the classes herein established. Credit of years. Section 11. Be it further enacted by the authority aforesaid, That upon the death of any pensioner of any of the classes set forth in this Act; his or her pension shall cease and determine and shall not continue to be paid to his or her heirs, executors or administrators. Cessation at death. Section 12. Be it further enacted by authority aforesaid, That whenever any regularly appointed and acting county policeman shall be killed while in the performance of his duty, as such policeman, his widow shall be eligible to receive a pension under the existing laws pertaining to pensions for employees enacted by said County Commissioners of Chatham County and Ex-Officio Judges thereof, such pension not to exceed fifty per centum (50%) of the salary then received by such policeman and to be paid to his widow only as long as she remains unmarried. Said Commissioners of Chatham County and Ex-Officio Judges thereof will have the right to grant and pay such pensions upon three-fourths votes of its members in meeting assembled. Policeman's widow. Section 13. Be it further enacted by the authority aforesaid that all employees or appointive or elective officers who are compensated by Chatham County, and who hold their office, election or appointment under the Board of Chatham County Commissioners and/or any county or State official shall be included in the provisions of this Act with reference to being eligible to pensions in the same manner and under the same provisions as are employees and/or officers not appointed by the Chatham County Commissioners. Eligible employees and officers. Section 14. Be it further enacted by the authority aforesaid, That the Commissioners of Chatham County and

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Ex-Officio Judges thereof, shall have authority and power to enact by ordinance any and all reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of this Act with reference to pensions. Regulations. Section 15. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, if any employee of the Commissioners of Chatham County and Ex-Officio Judges thereof, after having been placed upon the pension roll of Chatham County by being granted a pension, becomes an employee of any department of Government, Municipal, County, State or National, then, in that event, his or her pension shall be subject to refusal by the said Commissioners of Chatham County and Ex-Officio Judges thereof, and may be terminated in the discretion of the said Commissioners of Chatham and Ex-Officio Judges thereof. Termination on other employment. Section 16. Be it further enacted by the authority aforesaid, That if any employee of the County Commissioners and Ex-Officio Judges thereof that have served well and faithfully for a period of twenty-five (25) years or more, (five (5) years of which have been continuous and immediately before his retirement), he or she shall not be subject to dismissal by the County Commissioners and Ex-Officio Judges thereof, without the said Commissioners of Chatham County and Ex-Officio Judges thereof granting to him or her any pension to which he or she may be entitled under this Act, and unless he or she has violated some rule or regulation of the department in which he or she is employed, and that, in that event, his or her dismissal must be approved by the Commissioners of Chatham County and Ex-Officio Judges thereof, in meeting assembled. Dismissals restricted. Section 17. This Act shall take effect upon the ratification of a constitutional amendment allowing Chatham

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County to adopt pension systems and should the constitutional amendment fail of ratification, then, in that event, this Act shall be of no effect. Effective on constitutional amendment. Section 18. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937. CHATHAM COUNTY SPECIAL TAX. No. 149. An Act to amend an Act, approved September 28, 1883, and appearing in the published volume of Georgia Laws of 1882-3, page 552, and entitled An Act to authorize and empower the Commissioners of Chatham County and Ex-Officio Judges to levy and collect, in addition to the taxes now allowed by law, special taxes for educational purposes, to maintain and support prisoners, to pay the salary of the judge of the city court, and the expenses of the courts in said county, and to pay jurors and the coroner; and for other purposes, so as to fix a definite limitation of two and one-half (2) mills instead of the indefinite limitation of fifty (50) per centum upon the State tax, as is now provided in said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly of Georgia, approved September 28, 1883, and having the caption stated in the caption hereof, be, and the same is, hereby amended by striking from the next to the last line of Section 1 the following words fifty percentum upon the State tax, and inserting in lieu thereof the words and figures two and one-half (2) mills, so that said Section 1 when so amended shall read as follows: Act of 1883 amended. Section 1. Therefore be it enacted by the General Assembly of the State of Georgia, that from and after the

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passage of this Act it shall and may be lawful for the Commissioners of Chatham County, and Ex-Officio Judges, and they are hereby authorized and empowered to levy and collect annually a tax upon the taxable property in said county of Chatham sufficient to raise the revenue required to support and maintain the public schools in the City of Savannah, and County of Chatham, to pay the salary of the judge of the City Court of Savannah, to pay jurors, to pay the coroner of said county, to support and maintain prisoners, both under arrest and under sentence, and to pay the expenses of holding the Superior and city court; Provided, That the said Commissioners of Chatham County shall submit to the grand jury of said county at the March or spring term of the Superior Court of said county in each and every year, a budget stating specifically the amount of money that is required for each particular county purpose, and for incidental expenses, classifying the incidents, and for all payments which by law the said Commissioners are required to provide, and the rate of taxation shall be fixed by said Commissioners so as to raise the amount which shall be approved by the grand jury; Provided, that no more than two and one-half (2) mills in addition to that now provided by law shall be recommended or levied. Tax levies. Percentage limit. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. CHATTAHOOCHEE BOARD OF COMMISSIONERS. No. 178. An Act to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a Board of Commissioners

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of Roads and Revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties, etc., of the Commissioners; providing for a clerk, etc., (Georgia Laws 1913, Pages 353-357); and creating in lieu thereof a new Board of Commissioners of Roads and Revenues for said county; Providing for the election thereof, defining their jurisdiction, prescribing their qualifications, duties, powers, and compensation; and providing for the employment of a clerk for said board; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 5, 1913 (Georgia Laws 1913, Pages 353-357), creating a Board of Commissioners of Roads and Revenues in and for the County of Chattahoochee be, and the same is, hereby repealed in its entirety. Act of 1913 repealed. Section 2. There is hereby created a Board of Commissioners of Roads and Revenues for the County of Chattahoochee, to consist of three (3) members. Said Commissioners shall be qualified voters of said county, and shall be bona fide residents of the Commissioner's District from which they are elected, as hereinafter provided. Board created. Section 3. For the purposes of this Act, and in the election of the Commissioners hereunder of Chattahoochee County, the county is hereby divided into three Commissioner's Districts and each district shall be entitled to one Commissioner; said districts to be constituted as follows, to wit: Commissioners' Districts. Commissioner's District No. 1 shall be composed of the 1104th Militia District, known as Cusseta District. Commissioner's District No. 2 shall be composed of the 678th Militia District, known as Gobbler's Hill District, and the 1153rd Militia District, known as Big Sandy.

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Commissioner's District No. 3 shall be composed of the 787th Militia District, known as Halloca District and the 1107th Militia District, known as Pine Knot District. Section 4. Persons now serving as Commissioners of Roads and Revenues for Chattahoochee County shall continue to serve until their respective terms expire, as provided by the Act of 1913, and as each Commissioner's term expires his successor shall be elected by the qualified voters of his Commissioner's District, for a term of three years. Candidates running for office of Commissiner of Roads and Revenues, as provided in this Act, shall not reside out of the Commissioner's District in which they seek election, but shall have been a bona fide resident of the Commissioner's District in which they seek election at least two years prior to their election, and shall be qualified voters of said county. Should a vacancy occur, in any case, upon the board, it shall be the duty of the ordinary to call an election in the Commissioner's District, in not less than twenty (20) days, nor more than sixty (60) days and he shall give notice by publication, at least ten (10) days in advance of said election, of the place, date, and manner of holding said election to fill such vacancy; and the person elected at said election shall hold said office only for the unexpired term. Election and terms of office. Vacancy. Section 5. The Commissioners shall elect from among their number a chairman, who shall preside over the meetings of the Board. They shall also elect a clerk of said board, whose duties and compensation are hereinafter defined. Said board shall meet on the first Tuesday of each month, and the election of the chairman of said board shall take place on the first Tuesday in January of each year. The compensation of the members of said Board of Commissioners shall be three ($3.00) dollars per day, for each day of actual service, payable monthly, out of the county funds legally available for such purpose. Chairman and clerk.

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Section 6. That said Commissioners shall have exclusive jurisdiction and control over the following matters, to wit: In directing and controlling all of the property of said county as they may deem expedient according to law; in levying taxes according to law; in establishing or abolishing roads, and bridges according to law; in abolishing or changing election precincts or Militia Districts; in supervising Tax Commissioner's books, in allowing the insolvent list in said county; in settling all claims and accounts of officers having the care, management or disbursements of funds belonging to, or appropriated for the use and benefit of said county, and bringing them to a settlement; in providing for the poor of the county, and for the promotion of health as provided by law; in examining the tax digest of said county for the correction of errors; in regulating license fees as may be provided by law; in establishing and maintaining the county road-gang; in working said road-gang on the public roads or public works of said county as provided by law; in electing and appointing all minor officers and employees of said county whose election is not otherwise provided by law; in providing for a uniform system for collecting the commutation road tax, the amount to be paid, or the number of days work on the roads of said county in lieu thereof; in levying and collecting the tax for roads provided in Section 696 of the Code of Georgia of 1910; in fixing the time when the commutation tax shall be paid, or the work performed; in trying all road defaulters according to law, and generally to have and exercise all the power heretofore vested in the ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to their jurisdiction over county matters or county finances. Jurisdiction. Section 7. Elections for members of the board shall be held on Tuesday after the first Monday in November, preceding the expiration of the term of any member, and the

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same laws, rules, and regulations which govern with respect to the election of other county officers shall apply to elections for members of the Board of Roads and Revenues, and the returns of said election shall be made and declared in the same manner as in the case of elections for other county officers. Election regulations. Section 8. Persons elected as members of said board shall be commissioned by the Governor, and shall, before entering upon the discharge of their duties, subscribe to the oath required by law of other county officers, and shall give bond in the sum of one thousand ($1,000.00) dollars with some surety company, approved by the ordinary and licensed to do business in this State, payable to the Governor, conditioned for the faithful performance of his duty as such Commissioner. The premium upon said bond shall be paid out of county funds legally applicable to such purpose. Commission. Oath. Bond. Section 9. The Commissioners shall elect a clerk for said board, whose duty it shall be to keep, in a well-bound book, a complete record of the acts and doings of said board and said clerk shall perform any other duties as the board may require of him and shall hold office at the will of said board, and shall receive such compensation as the board may fix, not to exceed the sum of forty ($40.00) dollars per month. Before entering upon the discharge of his duties, said clerk shall give bond in the amount of one thousand ($1,000.00) dollars subject to the approval of the Commissioners, conditioned for the faithful performance of his duties as clerk, payable to the Governor. Clerk of board. Pay. Bond. Section 10. It shall be the duty of said clerk to prepare and submit to the grand jury at each term of court in and for said county, a complete statement in writing, of the condition of all property, finances, buildings, roads and bridges and an itemized statement of the amounts collected and disbursed in behalf of said county, and he shall also

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turn over to said body, on the first day of each term, for inspection, all the books and records in connection with the Board of Roads and Revenues. Statements to court. Section 11. The members of the board shall be exempted from road and jury duty during their respective terms of office. Exemptions. Section 12. The Commissioners shall have the power to levy taxes to promote the public health of the county. They shall cooperate with the County Board of of Health and the health laws of the State. They shall employ a county physician to give medical treatment to the indigent poor. The Commissioners shall furnish and pay for the necessary medicine for those who are unable to provide it for themselves. They shall also provide the necessary vaccines and prophylactic measures to prevent epidemics and contagious diseases as the County Board of Health may advise. Health taxes. Physician, medicines, etc. Section 13. The salary of the county physician shall be fixed by the Commissioners, but shall not exceed forty ($40.00) dollars per month. It shall be the duty of the county physician to perform the duties required by the County Health Board and the County Commissioners and the health laws of the State. Physician's salary. Section 14. The County Commissioners are hereby authorized and required to have an audit made of the books of all county officers handling public funds at least once every two years, provided that the books of the County Board of Education and the County School Superintendent who are already being audited by the State Department of Education shall not be included. Audit of officers' books. Section 15. If any provision of this Act shall be held to be illegal it shall not affect the balance of the Act. Invalidity. Section 16. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1937.

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CHATTOOGA COMMISSIONERSAMENDMENTS. No. 88. An Act to amend an Act approved March 18, 1933, and entitled An Act to abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenues of said county; 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 from Section 6 of said Act the word `fourth,' and substituting for said stricken word the word `second;' by striking from said Section 6 the words, `or to the clerk of said Board of Commissioners of Roads and Revenue of said county;' and to amend Section 10 of said Act, as the same was amended by Section 2 of an Act approved March 28, 1935, found and published in Georgia Laws, pages 605 and 606, by adding to said amended Section 10 the following proviso: Provided, that if because of any loss, accident, emergency, or any cause not foreseen before the same arises, said county shall need supplies, not exceeding in cost fifty ($50.00) dollars for any one class or kind, the same may be purchased without advertising for bids for the furnishing of the same, but in every case the same shall be bought as cheaply as possible. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted, That the Act approved March 18, 1933, and entitled An Act to Abolish the Board of Commissioners of Roads and Revenue of Chattooga County, Georgia; to create a new Board of Commissioners of Roads and Revenue of said County; to provide

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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 from Section 6 of said Act the word fourth and substituting for said stricken word, the word second; and by striking from said Section 6 the words, or the clerk of said Board of Commissioners of Roads and Revenue of said County, so that as hereby amended said section of said Act shall read: Act of 1933 amended. Section 6. Be it further enacted by the authority aforesaid, That no person who is related by blood or marriage within the second degree to any member of the Board of Commissioners of Roads and Revenue of said county, or to the county warden, or warden of the chain gang, shall be eligible to employment by the said County of Chattooga in any position or to do or perform any service or labor for said county, or as chain gang guard; that no person so employed shall be entitled to receive any pay or compensation therefor, and any person ineligible under this Act, who is now in the service or employment of the county at the time of the passage of this Act, shall be ineligible to continue in such service or employment. Eligibility to employment. Section 2. Be it further enacted, and it is hereby enacted, That said Act, approved March 18, 1933, as Section 10, thereof, was amended by an Act, approved March 28, 1935, found in Georgia Laws, 1935, on pages 605 and 606, be and the same is hereby further amended by adding to said amended Section 10, the following proviso: Provided, That if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need supplies, not at any time exceeding in cost fifty ($50.00) dollars for any one class or kind thereof,

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the same may be bought without advertising for bids for furnishing the same, but in every case the same shall be bought as cheaply as possible under the circumstances, so that as so further amended said Section 10 of said Act approved March 18, 1933, 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 Revenues 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. Provided, That if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need supplies, not at any time exceeding in cost fifty ($50.00) dollars, for any one kind or class thereof, the same may be bought without advertising for bids for furnishing the same, but in every case, the same shall be bought as cheaply as possible under the circumstances. Purchases of supplies. Advertisement. Advertisement, when not required.

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Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1937. CLINCH COMMISSIONERS' TERMS. No. 92. An Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch; and for other purposes; 1913 Acts, page 456. Section 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Section 4, as it appears on page 458, 1933 Acts of the Legislature, is amended as follows: By striking the sentence in said section, The terms of commissioners shall be for the term of two years thereafter, and inserting in lieu thereof the following: The terms of commissioners shall be for the term of four years thereafter. Section 2. Be it further enacted by the authority aforesaid, That Section 32 of the 1933 Acts of the Legislature, creating a Board of Commissioners of Roads and Revenues in and for the County of Clinch, as found on page 468, be and the same is hereby amended as follows: By striking two years and inserting therein four years so that said section shall read as follows: The terms of said commissioners shall be for the term of four years, and until their successors are elected and qualify; and all elections held under this Act, except the called elections, shall be at the time of the election of county officers from Clinch County, and under the direction of the Clinch County Democratic Executive Committee, who may prescribe fees, regulations, etc. Four-year term of office. Section 3. Be it further enacted by the authority aforesaid, That the commissioners now serving shall hold their offices for the period of four years. Incumbents.

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Section 4. Be it further enacted by the authority aforesaid, that all previous laws and parts of laws in conflict with this amendment be and the same are hereby repealed. Approved March 4, 1937. COFFEE COUNTY COMMISSIONERSACT OF 1931 REPEALED. No. 340. An Act to repeal an Act 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 (Georgia Laws, 1931, page 430, et seq.), and all Acts amendatory thereto. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That An Act to create 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 (Georgia Laws, 1931, page 430, et seq.), be and the same is hereby repealed. Act of 1931 repealed. Section 2. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 26, 1937.

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COFFEE COUNTY COMMISSIONER. No. 341. An Act to create the office of Commissioner of Roads and Revenues in the County of Coffee; to provide for the election of such Commissioner; to define his duties and powers and provide for his compensation; to provide a clerk for said Commissioner; to provide for the proper supervision of his accounts and the auditing of his books; to provide for the election of two advisors; to define their duties and powers and to provide for their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the county affairs of Coffee County, Georgia, shall be administered by a Commissioner of Roads and Revenues of Coffee County, which office is hereby created and shall become effective in the manner and at the time hereinafter stated. Office created. Section 2. The Commissioner of Roads and Revenues, hereinafter named, shall have such control of the county affairs generally as is now conferred by law, and such further control not generally provided as may hereinafter be set forth, and shall hold office for the term ending December 31, 1940, or until his successor shall be elected and qualified, and his successor shall be elected in the general election for county officers next preceding said date, to serve for a term of four years, beginning January 1, 1941. The succeeding terms of the Commissioner of Roads and Revenues for Coffee County shall be four years each, and succeeding Commissioners shall be elected by the qualified voters of said county at the regular elections of county officers. Control of affairs. Term of office. Section 3. Two advisors, hereinafter named, shall hold office for the term ending December 31, 1940, or until their

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successors shall be elected and qualified, and their successors shall be elected in the general election for county officers next preceding said date, to serve for a term of four years beginning January 1, 1941. The succeeding terms of said two advisors shall be four years each, and succeeding advisors shall be elected by the qualified voters of said county at the regular elections of county officers. Advisors. Terms. Section 4. Said Commissioner of Roads and Revenues and said two advisors, succeeding the Commissioner and two advisors hereinafter named, shall each be elected from, and voted for by, the county at large. Election. Section 5. The Commissioner of Roads and Revenues and his two advisors shall qualify by taking and subscribing before any officer authorized to administer oaths an oath for the faithful discharge of the duties of the office to which each is herein appointed or hereafter elected or appointed. Oath. Section 6. The Commissioner of Roads and Revenues shall, before entering upon his duties as such, give a bond in the sum of twenty thousand ($20,000.00) dollars, to be approved by the ordinary and payable to the ordinary and his or her successors in office, for the use of the county, conditioned for the faithful discharge of his duties, and to account for all funds and property of said county coming into his possession; and the surety on said bond shall be a corporate surety company duly licensed to do business in the State of Georgia, and the premium therefor shall be paid out of the revenues of said county without any deduction or contribution from such Commissioner. Bond. Section 7. The salary of the Commissioner of Roads and Revenues of Coffee County shall be three thousand ($3,000.00) dollars per annum, plus actual necessary expenses; and the advisors to said Commissioner shall each receive the sum of two hundred and fifty ($250.00) dollars per annum. The salary of the Commissioner and of

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the advisors to the Commissioner shall be apportioned and paid in monthly installments. Salaries. Section 8. The entire fiscal affairs of the County of Coffee shall be under the control of said Commissioner, and said Commissioner and his two advisors shall meet regularly once each month on a day designated by them and at said meeting said Commissioner shall report to said advisors on the condition of the affairs of said county and on the receipts and expenditures of said county for the preceding month, and on requisitions for the ensuing month. Meetings. Reports. Section 9. Said two advisors to the Commissioner shall have authority to act only in an advisory capacity, and their recommendations shall be subject to such action as said Commissioner may deem wise and for the best interests of the county. Advisors. Section 10. Said Commissioner of Roads and Revenues of Coffee County shall be subject to removal from office by a recall election, which election shall be called by the ordinary of said county within 60 days after the filing with said ordinary of a petition for recall signed by at least 25% of the qualified voters of said county; and it shall be the duty of the ordinary of said county to designate a date on which said election shall be held; and, in the event said Commissioner is ousted by recall election, it shall be the duty of the ordinary of said county, within five days of said election, to appoint a temporary successor to said ousted Commissioner, and said successor shall qualify by taking oath and giving bond and shall take office immediately on appointment by the ordinary and hold office until such time as his successor is elected and qualified; and said ordinary shall, at the time of the appointment of the successor to said ousted Commissioner, set a date for an election for a Commissioner to succeed the Commissioner so appointed, which election shall be held at a time not more than 60 days following said appointment by the ordinary,

Page 1297

in which election said ousted Commissioner shall not be eligible as a candidate for the office from which he has been ousted by said recall election. Recall election. Temporary successor's appointment. Section 11. Should the office of Commissioner of Roads and Revenues of Coffee County herein and hereby created, become vacant by death, resignation, or by any other means than the recall election hereinbefore provided for, then and in that event the ordinary of said county is authorized, empowered and directed to appoint a temporary Commissioner and to call an election to be held within 60 days to fill the vacancy. Vacancy in office. Section 12. In the event of the death, resignation or removal from the county or the failure to act of any advisor to the Commissioner, then and in that event the ordinary of said county is authorized, empowered and directed to call an election to be held within 60 days to fill the vacancy. Election. Section 13. The Commissioner of Roads and Revenues of Coffee County and his two advisors shall be commissioned by the Governor of Georgia. Commissions. Section 14. Said Commissioner of Roads and Revenues of Coffee County is hereby empowered to engage the services of a clerk to be known as the clerk of the Commissioner of Roads and Revenues of Coffee County, and said clerk shall receive as remuneration for his services a sum to be fixed by said Commissioner, but not to exceed one hundred ($100.00) dollars per month; and said clerk shall, before entering upon the duties of his office, give a bond in sum of five thousand ($5,000.00) dollars to be approved by the ordinary, and payable to the ordinary and his or her successors in office, for the use of said county, conditioned for the faithful discharge of his duties, and to account for all funds and property of said county coming into his possession as clerk. The surety on said bond shall

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be corporate surety company duly licensed to do business in the State of Georgia, and the premium therefor shall be paid out of the revenue of said county without any deduction or contribution from said clerk. Clerk. Salary. Bond. Surety. Premium. Section 15. The meetings to be held by the Commissioner and his two advisors shall be for the transaction of all matters which, by law, come under the jurisdiction of said Commissioner, and shall be held in such office or offices as may be designated in the courthouse at Douglas, Georgia, for that purpose. Meetings. Section 16. The Commissioner shall keep his office open during regular office hours to suit the convenience of the public during each day of the week, the Sabbath and legal holidays excepted, for the transaction of public business in connection with his office, and notice of said hours shall be placed upon the door of said office by said Commissioner. It shall be the duty of said Commissioner to devote his time to the personal supervision of the laying out of road work, the construction and repair of bridges and other property of the county, and in giving general direction and management to the county affairs whensoever and howsoever needed; and he shall have no other salaried position of public trust while acting as Commissioner. Official duties. Section 17. At the regular monthly meetings provided for, said Commissioner shall submit to his advisors all requisitions, bills, claims and demands which have been filed with him and which have not already been submitted, together with all contracts of proposals contemplated or about to be entered into by said Commissioner on behalf of said county; said Commissioner being specifically authorized and empowered to purchase such supplies and other articles, make such repairs, and enter into such contracts or proposals as are immediately necessary, before submitting his plans therefor to said advisors; and, while it shall be the duty of said Commissioner to give due consideration

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to the advice of said advisors, yet no action by said advisors shall invalidate, hinder, or delay the administration of the affairs of said county by said Commissioner, said advisors acting in an advisory capacity only, and said Commissioner being accountable only to the citizens of said county; except, however, the tax assessors and equalizers for said County of Coffee shall be named by a majority of the Board consisting of the Commissioner and his two advisors in regular meeting assembled. Duties and powers. Section 18. It shall be the duty of such Commissioner, at the expiration of the first three months next succeeding his taking office, and quarterly thereafter, to cause his clerk to make up a list of receipts of the county and the sources thereof and of the disbursements or expenditures, and to whom and for what purpose made, and cause the same to be published in the official gazette of said county. Receipts and expenditures. Section 19. It shall be unlawful for any candidate for Commissioner of Roads and Revenues of Coffee County to enter into any agreement with any person or persons as to the disposal of any work, the purchase of any supplies, or as to any appointment under his control; and any person so offending shall be ineligible to hold said office, and he shall be removed therefrom if the fact of such agreement is not discovered until after he takes office. Unlawful agreements. Section 20. It shall be a misdemeanor and punishable as such for said Commissioner of Roads and Revenues to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies, machinery, or other thing or things for the County of Coffee or for which the County of Coffee may be called upon to make payment; and upon conviction such Commissioner shall be ineligible to longer hold office and shall be removed therefrom. Financial interest forbidden. Section 21. The Commissioner of Roads and Revenues shall have authority to employ competent legal representation

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and to secure competent legal advice in connection with all matters affecting the county's affairs or its fiscal business, and shall be authorized and empowered to pay for such representation and advice such reasonable sum or sums, amount or amounts, as to him shall be deemed proper, the same to be paid out of the general funds of the county; Provided, however, no such attorney or legal advisor shall be eligible for such employment or to be paid therefor if he is at the time receiving or has within six months next prior thereto received remuneration from Coffee County, either directly or indirectly, for any other service or purpose than purely legal advice or representation. Legal advice. Attorney's eligibility. Section 22. The Commissioner of Roads and Revenues shall cause the books of the clerk to the Commissioner to be audited once each year, and shall cause the report of the auditors making the audit of the books of the clerk to be submitted to his advisors immediately on the receipt by him of the report of the audit. Audit of books. Section 23. James B. Jardine, of Douglas, Georgia, is hereby named and appointed Commissioner of Roads and Revenues of Coffee County; and Dr. W. L. Hall, of Nicholls, and Arthur Vickers, of Ambrose, are hereby named and appointed advisors to said Commissioner; and said Commissioner and said two advisors shall take office immediately after the expiration of 10 days next following the passage and approval of this Act and on their qualifying as hereinbefore provided. Commissioner and advisors named. Section 24. Should any of the sections of this Act be held to be unconstitutional or invalid for any reason, only such section or sections, provision or provisions, shall be affected and such holding of unconstitutionality or invalidity of any such section or provision shall not affect the remaining sections or provisions, but they shall remain in full force and effect. Constitutionality.

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Section 25. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Approved March 26, 1937. COFFEE COUNTY TAX COLLECTOR. No. 114. An Act to create the office of tax collector for Coffee County, Georgia; to provide for his election and for the term of his office; to provide for the election of his successor; to define his powers and duties; to fix his compensation; to name the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the office of tax collector is hereby created for the County of Coffee, State of Georgia, effective as of the date set out in Section 2 of this Act. Office created. Section 2. In the general election to be held for the State House officers for the State of Georgia, in the year 1940, there shall be elected a tax collector for said County of Coffee who shall take office on January 1, 1941. The term of the tax collector for said county shall be four years, as other county officers, and said tax collector shall be elected as other county officers from time to time. Election. Term. Section 3. The said tax collector taking office on January 1, 1941, as aforesaid, and his successors in office, shall discharge all of the duties now and hereafter imposed upon tax collectors of this State by law and shall be subject to such liability as tax collectors of this State are subject to and likewise shall have the same powers and rights and be entitled to the emoluments provided by law for tax collectors in this State, and in the same manner and to the same extent

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as if the office of tax collector of Coffee County had never been abolished and the office of county tax commissioner created. Duties and powers. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. COFFEE COUNTY TAX RECEIVER. No. 118. An Act to create the office of tax receiver for Coffee County, Georgia; to provide for his election and the term of his office, to provide for the election of his successor; to define his powers and duties; to fix his compensation; to name the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the office of tax receiver is hereby created for the County of Coffee, State of Georgia, effective as of the date set out in Section 2 of this Act. Office created. Section 2. In the general election to be held for the State House officers for the State of Georgia, in the year 1940, there shall be elected a tax receiver for said County of Coffee, who shall take office on January 1, 1941. The term of the tax receiver for said county shall be four years as other county officers, and said tax receiver shall be elected as other county officers from time to time. Election. Term. Section 3. The said tax receiver taking office on january 1, 1941, as aforesaid, and his successors in office, shall discharge all of the duties now and hereafter imposed upon tax receivers of this State by law and shall be subject to

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such liability as tax receivers of this State are subject to and likewise shall have the same powers and rights and be entitled to the same emoluments provided by law for tax receivers in this State, and in the same manner and to the same extent as if the office of tax receiver of Coffee County had never been abolished and the office of county tax commissioner created. Duties and powers. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. COFFEE TAX COMMISSIONERACT OF 1931 REPEALED. No. 115. An Act to repeal an Act approved August 14, 1931 (Georgia Laws of 1931, page 443, et seq.), abolishing the offices of tax receiver and tax collector of Coffee County, Georgia, and creating in lieu thereof the office of County Tax Commissioner of Coffee County, Georgia, and all Acts amendatory thereof, particularly that certain amendatory Act approved March 24, 1933 (Georgia Laws of 1933, pages 482 and 483), fixing the compensation of the county tax commissioner; to name the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That a certain Act approved August 14, 1931 (Georgia Laws of 1931, page 443, et seq.), abolishing the offices of tax receiver and tax collector of Coffee County, Georgia, and creating in lieu thereof the office of County Tax Commissioner of Coffee County, Georgia, and all Acts amendatory thereof, particularly that certain

Page 1304

amendatory Act approved March 24, 1933 (Georgia Laws of 1933, pages 482 and 483), fixing the compensation of the county tax commissioner, be and the same are hereby expressly repealed, effective as of the date set out in Section 2 of this Act. Act of 1931 repealed. Section 2. Be it further enacted that this Act shall become and be effective as to the present office of County Tax Commissioner of Coffee County, Georgia, on January 1, 1941, at which time the present county tax commissioner of said county, or his successor in office, shall deliver over to the tax receiver and the tax collector, respectively, of said county elected at the general election for the year 1940, all records pertaining to his office. In the meantime the County Tax Commissioner of Coffee County, Georgia, shall perform all of the duties and be subject to all of the liabilities provided in said Act approved August 14, 1931, and Acts amendatory thereof and shall be entitled to the compensation in said Act and amendment provided. Effective date. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. COFFEE TAX COMMISSIONERACT OF 1935 REPEALED. No. 141. An Act to repeal an Act of the General Assembly approved March 4, 1935, appearing on page 611 of the 1935 Acts of the General Assembly, providing for additional compensation for the Tax Commissioner of Coffee County, Georgia; 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:

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Section 1. The Act of the General Assembly of Georgia approved March 4, 1935, appearing on page 611 of the 1935 Acts, providing: 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 the 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 two thousand four hundred ($2,400.00) dollars, is hereby amended by amending Section 9 thereof and 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: `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 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,' be and the same is hereby repealed. Act of 1935 repealed. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1937.

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COOK SHERIFF'S BONDAMOUNT. No. 27. An Act to fix the bond of the sheriff of Cook County, Georgia, at five thousand ($5,000.00) dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That on and after the passage of this Act the bond to be given by the sheriff of Cook County, Georgia, to enable him to qualify, shall be fixed in the amount of five thousand ($5,000.00) dollars. $5,000.00 bond. Section 2. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. COWETA COUNTY TAX COMMISSIONER. No. 21. An Act to amend an Act to abolish the offices of tax receiver and tax collector of Coweta County, Georgia; to create the office of Coweta County tax commissioner, approved February 22, 1933, Georgia Laws, 1933, pages 494-498, as amended by Act approved March 7, 1935, Georgia Laws of 1935, pages 616-617, by striking Section 7 of said Act, as amended, 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 three thousand ($3,000.00) dollars per annum, and for clerical help at the expense of Coweta County in the amount of one thousand two hundred ($1,200.00) dollars per annum; and by striking Section 8 of said Act and substituting in lieu thereof

Page 1307

a new Section 8, providing for the oath of the tax commissioner of Coweta County, and for his bond 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 the authority of the same, That the Act approved February 22, 1933, Georgia Laws, 1933, pages 494-498, as amended by the Act approved March 7, 1935, Georgia Laws, 1935, pages 616-617, be and the same is hereby amended by striking from said Act as amended 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: Act of 1933 amended. 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, poll, and special taxes, as well as cost for issuing tax fi. fas., a fixed salary of three thousand ($3,000.00) dollars per annum, to be paid in equal monthly installments of two hundred and fifty ($250.00) dollars each, and in addition thereto he shall receive and be paid the sum of one thousand two hundred ($1,200.00) dollars per annum, to be paid in equal monthly installments of one hundred ($100.00) dollars each, for the compensation of all clerical help employed by him in the performance of the duties of his office. Said salary and compensation for clerical help is to be paid by the Commissioners of Roads and Revenues of said county from the funds in the county treasury. New Sec. 7. Salary. Pay for help. Section 2. Be it further enacted by the authority aforesaid, That the Act approved February 22, 1933, Georgia Laws, 1933, pages 494-498, be and the same is hereby

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amended by striking from said Act Section 8 thereof, and substituting in lieu of said stricken section a new section to be known as Section 8, which shall read as follows: Be it further enacted by the authority aforesaid, That before entering upon the duties of his office the said Coweta County tax commissioner shall take the oath required of all civil officers, and in addition thereto shall take and subscribe the following oath: New Sec. 8. I swear that I will truly and faithfully perform the duties of county tax commissioner of Coweta County, Georgia, that is to say, all duties heretofore required and prescribed for tax receiver and tax collector, and such other duties as might be required by law; that I will not receive any return but on oath or affirmation; that I will search out and make a true return of all defaulters, polls, professions, and all taxable property not returned; that I will account for and pay over all taxes collected by me, as required by law; and will, to the best of my ability, carry out all the requirements made upon me by law; so help me God. Oath of office. And said tax commissioner shall also, at the same time, give bonds and security as follows: (a) Bond and security, payable to his Excellency the Governor and his successors in office, in a sum equal to one-half of the State tax estimated to be due from Coweta County for the year for which said officer is required to give bond, to be filled out by the Comptroller-General before being sent out to the county from the executive office, and to be conditioned as bonds of tax collectors for State taxes are now conditioned. Bond. (b) Bond and security, payable to the Board of Commissioners of Roads and Revenues of Coweta County, Georgia, conditioned for the faithful performance of his duties as such tax commissioner, in a sum to be fixed by said Board of Commissioners, which said bond must be filed

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with and approved by said Board of Commissioners, and recorded on the records of said Board. Filing. Approval. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 11, 1937. DECATUR TAX COMMISSIONER'S SALARY. No. 308. An Act to amend Sections 5 and 7 of an Act approved August 14, 1931, entitled, An Act to abolish the offices of tax receiver and tax collector of Decatur County, Georgia; and create in lieu of the same the office of county tax commissioner of Decatur County, Georgia; and for other purposes (Georgia Laws, 1931, pages 450 to 454), providing that all school funds so collected shall be turned over by the tax commissioner to the proper school authorities, as is now authorized by law, and further providing, that no part of the salary of the tax commissioner shall be paid out of or from school funds. 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 5 of the Act approved August 14, 1931 (Georgia Laws, 1931, pages 450 to 454), be and the same is hereby amended by inserting in the sixth line thereof, between the word county and the word and the following: except all school funds, which the commissioner shall pay direct to the proper school authorities as provided by general law, so that when said section is amended the same shall read as follows: Act of 1931 amended. Be it further enacted by the authority aforesaid, That all fees, commissions, and all other compensation now allowed

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to the tax receiver and tax collector of Decatur County, Georgia, from both State, county and special taxes of any and all nature, shall be collected by the tax commissioner, and paid into the county treasury of said county, except all school funds, which the commissioner shall pay direct to the proper school authorities as provided by general law, and the same shall be accounted for by the county treasurer thereof, the same as he accounts for all other funds belonging to said county. And all such fees, commissions, and other compensation so collected by the tax commissioner, shall be paid by him into the treasury of Decatur County, Georgia. Payments to treasury. Section 2. Be it further enacted by the authority aforesaid, That Section 7 of said Act be, and the same is hereby, amended by inserting between the word county and the word and in the fifth line of said paragraph, the following: and that no part of said salary shall be paid out of the school funds, either local, county-wide or bond funds of the schools, so that when said section is amended the same shall read as follows: Be it further enacted by the authority aforesaid, That the compensation of the county tax commissioner of Decatur County, Georgia, shall be four thousand ($4,000.00) dollars per annum, payable monthly out of the general funds of the county, and that no part of said salary shall be paid out of the school funds, either local, county-wide or bond funds of the schools, and the county commissioners of said county are required to furnish said tax commissioner a suitable office, equipment, and stationery. Salary and equipment. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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DEKALB PRIMARY ELECTIONS. No. 393. An Act to provide for county primaries in DeKalb County for the purpose of nominating county officers; to repeal all laws in conflict therewith; 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. From and after the passage of this Act, it shall be lawful for any party or the county executive committee of DeKalb County to hold a primary in said county for the nomination of county officers at such time as such committee may decide. Nominating election. Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith be and are hereby repealed. Approved March 29, 1937. DODGE COUNTY PRIMARY ELECTIONS. No. 320. An Act to regulate the holding of primary elections in Dodge County, Georgia, by all political parties; to provide the manner in which contests by entrants in such primary elections may be made and determined; 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. If any person qualifying as an entrant in any primary election held by any political party in Dodge County, Georgia, for selection as the candidate of such party in a general election, is dissatisfied with the result thereof and desires to contest the same, he may do so in

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the same manner as might be done if the election were a general election and by filing notice or notices, and following such procedure as is required in contests for the particular office which he seeks after general elections, and the officer or officers whose duty it would be to act and whose power and authority it would be to determine said contest if the same had arisen after and in connection with a general election shall act and shall be clothed with power and authority and required to act and determine the issue in respect to such contest arising after and in connection with such primary election. Primary election contest. Section 2. This Act shall become and be operative from and after the date of its passage and approval. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. DODGE COUNTY PRIMARY ELECTIONS. No. 325. An Act to regulate the holding of primary elections by all political parties in the County of Dodge; to prescribe the time when all primary elections for the selection of candidates for county offices of Dodge County shall be held; to designate the date when the entries for such primary elections shall be closed; to require that each person qualifying as an entrant in any primary election for selection as a candidate for member of the General Assembly of Georgia specify the member of the House of Representatives whom he wishes to succeed; to require that the executive committee of such political party shall arrange the entrants in groups according to the wish expressed by them in qualifying and to provide that the entrants receiving the highest number of votes in

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each group shall be declared to be the persons to run as candidates of such political party in the general election; 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 primary elections held by any political party in the County of Dodge for the selection of candidates for county offices of said county shall be held on the second Wednesday in June preceding the date of the general election, as fixed by law, and for which said candidates respectively are selected. Date when held. Section 2. That all entries for primary elections to be held by any political party on the second Wednesday in June, as provided in Section 1 hereof, shall close 30 days before the date said primary election is to be held and the executive committee of such political party or other persons holding similar positions as the head or executive officers of such political party in said county shall not permit any person to qualify as an entrant for said primary election after that date. Closing of entries. Section 3. In all primary elections held by any political party for selection of candidates for members of the General Assembly of the State of Georgia in said County of Dodge, each entrant shall be required to specify the member of the House of Representatives whom he desires to succeed, and the executive committee of such political party having charge of such primary election shall arrange the entrants for members of the General Assembly in said primary election according to groups, and place each entrant in the group selected by him, and the entrants respectively receiving the highest number of votes in each group shall be declared the candidates to run in the general election. Specification of member. Groups of entrants.

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Section 4. 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 24, 1937. DODGE COUNTY TREASURER'S BOND. No. 267. An Act to amend an Act entitled an Act to abolish the office of treasurer of Dodge County; to provide that the ordinary of said county, shall perform the duties of the office of county treasurer, to provide compensation for services of the ordinary; to fix the bond of the ordinary, and for other purposes. Said Acts approved August 16, 1920, and published in the Acts of 1920, page 510. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Act of the General Assembly of 1920, as published in the Acts of 1920, page 510, abolishing the office of treasurer of Dodge County, and providing that the ordinary shall perform the duties of county treasurer, said Act approved August 16, 1920, be and the same is hereby amended as follows: By striking the word forty in the eighth line of sentence of Section 3 of said Act, and substituting and inserting in lieu thereof the word twenty so that said Section 3 as amended will read as follows: Act of 1920 amended. Section 3. Be it further enacted by the authority aforesaid, That the said ordinary shall give a bond for the faithful performance of the duties imposed upon him by this Act, in such sum as may be determined by the Commissioner of Roads and Revenues of said county, giving a surety on said bond one or more responsible fidelity or surety companies, provided that the amount of said bond

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shall not be less than twenty thousand ($20,000.00) 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. $20,000 bond. Section 2. Be it further enacted by the authority aforesaid, That since the present ordinary and ex-officio treasurer of said county has already made bond under the terms of Section 3 of said Act of 1920, and prior to this amendment, that after the passage and approval of this Act the surety upon said bond may attach to said bond a special rider reducing said bond and limiting its liability to conform to the terms of this amendment, without the necessity of executing a new bond. Rider reducing. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. DODGE COUNTY WARRANTS, ETC. ACT OF 1935 REPEALED. No. 172. An Act to repeal an Act entitled 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, turnkeys and per diem for dieting prisoners, salaries of bailiffs, 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

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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; approved March 15, 1935, and found in Georgia Laws, 1935, pages 640-1; to provide that all county orders, scrip or warrants shall be issued and drawn in the same manner as existed prior to the passage of said Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled 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, turnkeys and per diem for dieting prisoners, salaries of bailiffs, 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; approved March 15, 1935, and found in Georgia Laws, 1935, pages 640-1, be and the same is hereby repealed. Act of 1935 repealed. Section 2. Be it further enacted by the authority aforesaid, That all county orders, scrip, or warrants for the County of Dodge shall be drawn by the county authority charged with such duty prior to the passage of the above named Act. Orders and warrants.

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Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1936. DODGE TAX COMMISSIONER'S SALARY. No. 137. An Act to amend an Act consolidating the offices and duties of tax receiver and tax collector in the County of Dodge; creating the office of county tax commissioner for said county; and for other purposes; approved March 24, 1933, and found in Georgia Laws, 1933, pages 506-9, by amending Section 5 thereof to increase the salary of said tax commissioner from two thousand five hundred ($2,500.00) dollars per annum to three thousand six hundred ($3,600.00) dollars per annum; and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is enacted by the authority of the same, That an Act entitled an Act to consolidate the offices and duties of tax receiver and tax collector in the County of Dodge; to create the office of county tax commissioner for said county; and for other purposes, approved March 24, 1933, and found in Georgia Laws, 1933, pages 506-9, be and the same is hereby amended as follows, to-wit: Act of 1933 amended. By striking Section 5 of said Act in its entirety and inserting in lieu thereof a new section, to be numbered Section 5, and to read as follows: Section 5. Be it further enacted by the authority aforesaid, That the said tax commissioner of Dodge County, Georgia, shall receive as compensation to be paid by Dodge County a salary of three thousand six hundred

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($3,600.00) dollars a year, payable in 12 equal installments on the first day of each month; and that the County of Dodge shall pay the premiums on the official bond of said tax commissioner, if any. New sec. 5. Salary. Bond premium. Section 2. Be it further enacted by the authority aforesaid, That this Act shall take effect as of January 1, 1937, so that said tax commissioner shall be paid the sum of three thousand six hundred ($3,600.00) dollars for the year 1937, along with succeeding years. Effective date. Section 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. DOOLY SHERIFF'S BOND REDUCED. No. 434. An Act to amend An Act to reduce the sheriff's bond of Dooly County, approved December 9, 1859, so as to reduce said bond from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act, the Act, entitled An Act to reduce the sheriff's bond of Dooly County, approved December 9, 1859 (Act 1859, page 278), be and the same is hereby amended by striking the word ten in the third line of the body of said Act, and inserting in lieu thereof the word three, so that said section as amended shall read as follows: Section 1. Be it enacted, etc., That from and after the passage of this Act, the sheriff's bond of Dooly County

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shall be reduced from ten thousand ($10,000.00) dollars to the sum of three thousand ($3,000.00) dollars. $3,000 bond. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. DOUGLAS SHERIFF'S BOND REDUCED. No. 74. An Act to reduce the bond of the sheriff of Douglas County, Georgia, from the amount of ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sheriff of Douglas County, Georgia, shall be required to give bond in the sum of three thousand ($3,000.00) dollars instead of ten thousand ($10,000.00) dollars, 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 ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. $3,000 bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That this law is to become effective upon its passage and approval of the Governor of Georgia. Effective date. Section 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 1, 1937.

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ECHOLS COMMISSIONERS' BOND. No. 427. An Act to require the Commissioners of Roads and Revenues of Echols County to give bond, and providing the kind of bond, and the amount thereof, and prohibiting the ordinary from accepting the oath of office of such officers until the bond as herein required has been given and filed with him; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act, except as hereinafter provided, all members of the Board of County Commissioners of Roads and Revenues of the County of Echols are hereby required to enter into a joint bond in the sum of five thousand ($5,000.00) dollars, payable to the ordinary of said county, constituting a joint and several obligation on each of the said members of the Board to the ordinary of Echols County, conditioned upon the faithful performance of their duties as required by law, as now required of other officers of the county; which bond shall be executed by some reliable bonding or insurance company authorized to do business in this State, and approved by the ordinary before being accepted or filed by him. Provided, however, that this Act shall not apply to the officers now in office or to the bond already executed by them, but shall apply to future members of the Board of County Commissioners of Roads and Revenues of said county. Joint bond of $5,000. Section 2. It shall be unlawful for the ordinary to receive the oath of office or deliver the commission of office to said commissioners who come under the terms of this Act until and unless the bond provided for has been executed and approved by him and filed with him. Section 3. The premium on said bond shall be paid by Echols County out of any funds not otherwise used for

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other purposes, and shall be treated as a part of the compensation paid to said officers. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. ECHOLS COMMISSIONERS' BONDS. ACT OF 1935 REPEALED. No. 315. An Act to repeal the Act approved March 15, 1935 (Georgia Laws, 1935, pages 646-647), requiring Commissioners of Roads and Revenues of Echols County and members of the County School Board of the County of Echols to give bonds, providing the amounts to be required, and to prohibit the ordinary of Echols County from accepting the oath of office of such officers until such bonds are filed; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved March 15, 1935, as published in Georgia Laws, 1935, pages 646-647, requiring the Commissioners of Roads and Revenues of Echols County and the County School Board of Echols County, to give bonds, and prohibiting the ordinary of Echols County from accepting the oath of office of such officers until such bonds are given, be and the same is hereby repealed in its entirety. Act of 1935 repealed. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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EFFINGHAM ELECTRICAL EXAMINERS. ROAD DISTRICTS. No. 47. An Act to amend an Act entitled: An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham, to be elected by the qualified voters of said county, to define the duties of said Commissioners, and for other purposes; approved July 26, 1921, so as to provide for the creation of five road districts in said county and the election of one Commissioner from each district to be elected by the qualified voters of said county, to empower the county commissioners to regulate the installation of electrical wiring and equipment, appoint a board of electrical examiners, fix their duties and powers; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that the Act approved July 26, 1921, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham, to be elected by the qualified voters of said county, to define the duties of said Commissioners, and for other purposes, is hereby amended so as to create five road districts in said county and to provide for the election of one Commissioner from each of said districts. Act of 1921 amended. Section 2. Be it further enacted by the authority aforesaid, That the said County of Effingham shall be divided into five road districts, to be designated as 1, 2, 3, 4 and 5, 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, to be elected by the qualified voters of said county, and District No. 1 shall embrace the Ninth District, G. M.; District No. 2 shall embrace the Tenth District, G. M.; District No. 3 shall

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embrace the Eleventh District, G. M.; District No. 4 shall embrace the Twelfth District, G. M.; and District No. 5 shall embrace the 1559th District, G. M. Provided, That the provisions of this Act shall not affect the rights of the present members of said Board during the term for which they were elected. Road Districts. Section 3. Be it further enacted by the authority aforesaid, for the purpose of promoting the general welfare of the people of Effingham County, to prevent fires and to decrease fire hazards, that the county commissioners of said county, in addition to all other powers or authority now possessed or hereafter delegated to them, are empowered to regulate the installation of electrical wiring and equipment in the houses, stores, residences, schools, factories, halls, and other buildings in said county, and the said county commissioners shall have authority to appoint a board of electrical examiners for the purpose of examining and passing upon the qualifications of persons desiring to do electrical wiring, repairing, or construction within said county, and to make rules and regulations covering the construction and installation of such wiring and equipment. Electrical examiners. Regulations. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1937. ELBERT TAX COMMISSIONER'S PAY. No. 135. An Act to amend the Act approved August 7, 1925 (Acts of 1925, page 640), entitled an Act to abolish the offices of tax receiver and tax collector of Elbert County, Georgia; to create the office of county tax commissioner,

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and for other purposes, by amending said Act to fix the compensation of said tax commissioner. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 7, 1925 (Acts of 1925, page 640), entitled, An Act to abolish the offices of tax receiver and tax collector of Elbert County, Georgia; to create the office of county tax commissioner; to fix the term and compensation of said officer; 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 Elbert County, Georgia, and inserting in lieu thereof a new section to be numbered Section 5, and to read as follows: Act of 1925 amended. Section 5. Be it further enacted by the authority aforesaid, That the compensation of the county tax commissioner of Elbert County, Georgia, shall be a sum equal to all commissions and all other compensations that would accrue to the tax receiver and tax collector of Elbert County, Georgia, or that might legally be allowed to such officers, were it not for the provisions of this Act, and same shall be paid proportionately monthly, as near as the same can be estimated, until the same is changed by law. Compensation. Payable monthly. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1937. EMANUEL COMMISSIONERSELECTION OF CLERKREFERENDUM. No. 464. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Emanuel, to prescribe the duties and powers

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thereof, and for other purposes appearing on page 646 of the Acts of the General Assembly of 1919 and approved by the Governor, August 18, 1919, by providing that the clerk of the board of commissioners shall be elected by the qualified voters of Emanuel County for a term of office of two years; to fix the salary of the clerk at one hundred ($100.00) dollars per month; to provide for the approval or rejection of this Act at a referendum election on June 8, 1937; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that: Section 1. Section 10 of the Act of the General Assembly appearing on page 649 of the 1919 Georgia Laws providing: Be it further enacted, That the board of commissioners may elect their own clerk, superintendent of roads and bridges, and attorney, with such compensation 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 records and minutes of all their transactions, to file in order of their dates, all original orders, vouchers 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 all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand, be and the same is hereby amended by striking therefrom the words, their own clerk and the comma appearing thereafter in line two of said Section 10, and by substituting in lieu thereof the word a, and by striking the word said in line four of said Section 10, and by substituting in lieu thereof the word the, so that Section 10 when amended will read as follows: Act of 1919 amended.

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Be it further enacted, That the board of commissioners may elect the superintendent of roads and bridges, and attorney, with such compensation as the board may allow, and it shall be the duty of the 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 records and minutes of all their transactions, to file in order of their dates, all original orders, vouchers and other papers, and to arrange and keep in order of their filing, all applications and petitions and other papers addressed to said commissioners, and to record all orders given or approved by said commissioners for the payment of money by the county treasurer, and all books, files and records by this Act required to be used or kept, shall always be open at the county site for the inspection of any taxpayer of the county on demand. Clerk of commissioners. Records to be kept. Section 2. The clerk of the Board of Commissioners of Roads and Revenues of Emanuel County shall be elected by the qualified voters of said county at the county election to be held in 1938 for a term of office of two years beginning January 1, 1939. The clerk of the said board shall thereafter be elected for a term of two years. The compensation of the clerk of the board shall be one hundred ($100.00) dollars per month. The clerk of the board of commissioners shall attend to the duties of his office diligently and carry out the orders of the Board of Commissioners of Emanuel County, or a majority thereof, insofar as they are legal and proper. Election and term. Salary. Section 3. This Act shall take effect only in the event it is approved by a majority of the voters of Emanuel County voting in the election on June 8, 1937. At said election those favoring the approval and adoption of this Act shall vote ballots marked For election of clerk of county commissioners by the voters of Emanuel County, and those voting against the adoption of this Act and for

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the rejection thereof shall vote ballots having printed upon them Against election of clerk of county commissioners by the voters of Emanuel County. If a majority of those voting in Emanuel County in said election vote For election of clerk of county commissioners by the voters of Emanuel County, this Act shall be of full force and effect; but if a majority of those voting in Emanuel County vote Against election of clerk of county commissioners by the voters of Emanuel County, this Act shall be void and of no effect. Submission to vote. Section 4. All laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Approved March 30, 1937. FANNIN COMMISSIONELECTION. No. 460. An Act to amend An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, approved August 10, 1920 (Acts of the General Assembly of the State of Georgia of 1920, pages 519 to 524 inclusive), by striking from said Act Section 2 thereof, which provides, in the event of a vacancy, for the election of a Commissioner of Roads and Revenues by the grand jury of said county, and inserting in lieu thereof a new section of said Act, to be known as Section 2, and to provide in said section the manner of filling the vacancy of the office of Commissioner of Roads and Revenues of said county should one occur by death, resignation, or otherwise, by a special

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election, and to provide that the person so elected shall serve until his successor is elected and qualified. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act of the General Assembly of this State, approved August 10, 1920, the same being An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, be and the same is hereby amended by striking from said Act Section 2 thereof, which provides, in the event of a vacancy, for the election of a Commissioner of Roads and Revenues by the grand jury of said county, and inserting in lieu thereof the following, which shall be known as Section 2 of said Act: Act of 1920 amended. Section 2. All persons eligible to hold any other county offices shall be eligible to hold the office of Commissioner of Roads and Revenues of said county. Should a vacancy occur in said office by death, resignation, or otherwise, the same shall be filled by a special election, to be ordered by the ordinary of said County of Fannin, within 10 days from the date of said vacancy, and said election to be held within 20 days from the date of said order ordering said election, and notice thereof shall be given by publication in the newspaper in which the ordinary of said county publishes his citations, and the person so elected at said election to said office of Commissioner of Roads and Revenues, shall serve until the next regular election for state and county offices, at which said regular election a Commissioner of Roads and Revenues shall be elected for a term of four years; Provided, however, that such Commissioner of

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Roads and Revenues elected at either said special election or a regular election shall, after taking the oath required and giving the bond, as provided in this Act, hold said office and discharge the duties thereof until his successor is elected and qualified. Vacancy in office to be filled by election. Section 2. Be it further enacted by the authority aforesaid, That said special election shall be held under the same laws, rules, and regulations as govern the election for members of the General Assembly of this State. Rules governing. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. FANNIN COMMISSIONER'S PAY. No. 121. An Act to amend An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, approved August 10, 1920 (Acts of the General Assembly of this State, of 1920, pages 519 to 524, inclusive), by striking from line three in Section 6 thereof the figures $1,200.00, and inserting in lieu thereof the figures $1,800.00. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That An Act to create the office of Commissioner of Roads and Revenues of Fannin County; to name the person who shall fill such office from the passage of

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this Act until the first day of January, 1925; to provide for the election of his successor by the qualified voters of the said county; to provide for filling vacancies which may occur; to fix his salary, define his powers and duties, and for other purposes, approved August 10, 1920, (Acts of the General Assembly of this State, of 1920, pages 519 to 524, inclusive) be and the same is hereby amended, by striking from line three in Section 6 thereof the figures $1,200.00, and inserting in lieu thereof the figures $1,800.00, so that said section when so amended shall read as follows: Act of 1920 amended. Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $1,800.00 per annum for his services, to be paid monthly at the end of each month's services. Salary increase. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. FRANKLIN TAX COMMISSIONER'S PAY. No. 268. An Act to amend an Act to abolish the offices of tax receiver and tax collector of Franklin County, Georgia; to fix the term and compensation of said officer; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act the Act approved August 14, 1931, entitled an Act to abolish the offices of tax receiver and tax collector of Franklin County, Georgia, to fix the term and compensation

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of said officer and to provide for the disposition of commissions received by such officer, be and the same is hereby amended by striking Section 9, page 472, and inserting a new section to be known as Section 9, and to read as follows: Act of 1931 amended. Section 9. Be it further enacted by the authority aforesaid, That the compensation of the county tax commissioner of Franklin County, Georgia, for all duties performed by him as receiver and collector of county, school district, and any and all other taxes, shall be the sum of fifteen hundred ($1500.00) dollars per annum, payable one hundred and twenty-five ($125.00) dollars monthly from the county treasury of said county, for duties performed by him as receiver and collector of State taxes including property, poll, professional, and occupation he shall receive the commissions now allowed or to be later allowed by State laws. Salary. Be it further enacted that Section 14, page 474, shall be amended by striking said section and inserting a new section to be known as Section 14, and to read as follows: Section 14. All fees, commissions, percentages, and allowances heretofore made to the tax receiver and tax collector for receiving and collecting county and school taxes shall be by said commissioner collected and paid into the treasury of Franklin County. All fees, commissions, and percentages allowed to the tax receiver and tax collector for the receiving and collecting of State taxes shall be retained by said commissioner. Payments to treasury. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937.

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FULTON COMMISSIONERS' ELECTIONSSPECIFICATIONS BY CANDIDATES. No. 66. An Act to amend the Act of the General Assembly of Georgia creating the Board of Commissioners of Roads and Revenues for Fulton County approved December 3, 1880, as amended by the Act approved December 1, 1892, by providing that in all primary, general and special elections for Commissioners of Roads and Revenues of Fulton County each candidate shall specify the name of the particular incumbent said candidate desires to succeed and by providing that the candidate for the particular place receiving the plurality of the votes for the particular place shall be declared nominated or elected, and by prohibiting candidates for said places from specifying more than one place at the same election; providing for repeal of all conflicting provisions of law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That the Act of the General Assembly of Georgia approved December 3, 1880, as amended by the Act approved December 1, 1892, be and the same is hereby amended as follows: In qualifying for all primary, general or special elections for county commissioner of Fulton County each candidate shall specify the name of the particular incumbent said candidate desires to succeed. The candidate receiving a plurality of the votes cast for such particular place shall be declared nominated or elected to such place, as the case may be. The system of declaring the two receiving the largest number of votes cast in elections for county commissioners of Fulton County is hereby abolished and each candidate is hereby required to specify the particular place to which he seeks election by specifying

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the person to whose place he is a candidate. No candidate shall be permitted to specify more than one place at the same election. This provision shall relate to all primary elections for county commissioners of Fulton County as well as all general and special elections. Acts of 1880 and 1892 amended. Specification by candidates. To all elections. Section 2. Be it further enacted by the authority aforesaid, That all of the provisions of the Act of the General Assembly of Georgia approved December 3, 1880, creating the Board of Commissioners of Roads and Revenues of Fulton County, as amended, in conflict with the provisions of this Act and all laws and parts of laws in conflict herewith be and the same are hereby repealed. Repealing clause. Approved March 1, 1937. FULTON COMMISSIONERSREMOVALRECALL ELECTION. No. 397. An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, approved December 3, 1880, and amended by the Act approved September 9, 1881, and the Acts amendatory thereof, so as to provide for the recall of members of the board of county 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 same, That the Act creating the Board of Commissioners of Roads and Revenues for the County of Fulton, be and the same is hereby amended as follows: Acts of 1880 and 1881 amended. Section 1. The members of the Board of Commissioners of Roads and Revenues for the County of Fulton shall be subject to removal from office at any time by the qualified

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voters of the county in the following way and manner, to wit: When a petition signed by 35% of the qualified voters of Fulton County shall be filed with the ordinary of the county, naming one or more members of the Board of Commissioners of Roads and Revenues of Fulton 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 20 days nor more than 30 days after the filing of such petition. In all elections submitting the question of the removal of members of the board to the 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 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 admissible 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

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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 12 months. The expense incident to the holding of such election shall be paid out of the general fund of the county. Election to remove board members. Ballots. How held. Returns. Record. Evidence. Year expense. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 29, 1937. GLYNN BOARD OF COMMISSIONERS ABOLISHED. No. 12. An Act repealing an Act entitled 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 the 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. That the Act entitled, 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;

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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, found in Georgia Laws 1935, page 653-655, approved March 22, 1935, be and the same is hereby repealed, and the Board of Commissioners of Roads and Revenues of Glynn County, Georgia, abolished. Act of 1935 repealed. Section 2. This Act shall take effect upon the passage and approval of House Bill No....., entitled, 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 compensation for members of the board; to provide for the publication of an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and for other purposes. Effective date. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 11, 1937. GLYNN BOARD OF COMMISSIONERS CREATED. No. 14. 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

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for the filling of vacancies; for the appointment of a clerk, and his duties and authority; to provide compensation for members of the board; to provide for the publication of the minutes of the board and an annual audit; to provide for the passage by the board of ordinances to regulate the use of the public buildings, wharves, bulkheads and piers owned by Glynn County, Georgia; to define the courts having jurisdiction to try persons for the violation thereof; to provide for the punishment of offenders against the same; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. Section 1. There is hereby created and established in the County of Glynn a Board of Commissioners of Roads and Revenue consisting of seven citizens of the said county, three to be chosen from the county at large outside of the corporate limits of the City of Brunswick and four to be chosen from within the corporate limits of the City of Brunswick in said county. Hon. Malcolm B. McKinnon and Hon. V. H. Royal shall be two of the four members from the City of Brunswick, and Hon. W. McD. Harley shall be one of the commissioners from the county at large outside of the City of Brunswick and they shall hold office until December 31, 1938. The additional members herein provided for shall be elected at a special election to be called for the purpose as hereinafter provided and when so elected shall hold office until December 31, 1938. In the general election of 1938, an entire board of seven members shall be elected and shall serve for a term of four years, beginning January 1, 1939, and successors shall be elected at the general election each four years thereafter. The said board shall elect one of its members as its chairman. Creation of board. Members named. Election of members.

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Section 2. Upon this Act taking effect the said Malcolm B. McKinnon, V. H. Royal and W. McD. Harley shall constitute the board until the additional members are elected, commissioned and qualified and shall exercise all of the powers herein conferred upon the Board of Commissioners of Roads and Revenue of Glynn County, Georgia, until such time as the additional members are elected, commissioned and qualified. Board constituted. Powers. Section 3. That any vacancy in said board shall be filled for the unexpired term by the remaining members of the board. The person appointed to fill such vacancy must be a resident within or without the limits of the City of Brunswick corresponding to that of the member whose unexpired term he is appointed to succeed. Vacancies. Section 4. All members of the board shall be commissioned by the Governor of the State and before entering upon the duties thereof shall take the oath required of public officers in this State, and shall hold office until their successors are duly elected, commissioned and qualified. Oath of office. Section 5. Said Board of Commissioners of Roads and Revenue shall have exclusive jurisdiction over and control of all county matters such as public roads, bridges, the working of convicts, the maintaining of the county convict camp, the county finances, the levying and collection of taxes agreeable to law, the management, control over and disbursing of county funds, the erection, repair and maintenance of public buildings. The said board shall have jurisdiction of establishing, abolishing and changing election precincts and establishing the number and location of polling places in the several precincts; of auditing the books and records of all county officials; of settling all claims against or for the county; and shall have the complete authority in the management, collection, control, handling and disbursement of all moneys belonging to said county, and management, control, purchase and sale of its assets

Page 1339

and property subject to the general provisions of law, and shall be vested with all of the rights, powers and authority vested in the ordinary, when sitting for county purposes, as defined in the Code of Georgia of 1933, and the amendments thereto now existing, except the calling and supervising of elections which shall be done by the ordinary. Jurisdiction. Section 6. The chairman of the said board shall have a salary not to exceed fifty ($50.00) dollars per month and each of the other members shall recieve a per diem, not exceeding the sum of five ($5.00) dollars for each meeting, with an additional per diem to each rural member of not exceeding the sum of two ($2.00) dollars for each meeting of the board attended by him. Said board is authorized to employ a clerk and such other employees as in their judgment are necessary or proper for the carrying on of the affairs of the county and to fix the salary and terms of employment for all of its employees. Said board shall have authority to require of any or all of its employees such bonds as in their judgment should be given by such employees for the faithful discharge of their duties. Pay of members. Section 7. It shall be the duty of the clerk of said board to keep all records, bills, files and correspondence pertaining to the office work of said board, to act as purchasing agent for said board and to sign, together with the chairman of said board, all checks and vouchers and all contracts, deeds and official acts in writing drawn for and in behalf of said county, and he shall perform such other duties as may be required of him by said board, and have such powers as may be delegated to him by said board. Clerk's duties. Section 8. The said board shall have published annually in some newspaper of general circulation in said county, a statement of the result of the annual audit of the fiscal affairs of the said county, and shall also publish in such newspaper the minutes of each meeting of the board. Publication of audit.

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Section 9. The said board shall have authority from time to time in its discretion to enact regulatory ordinances, to regulate the use of the public buildings, wharves, bulkheads and piers and to establish, and provide for the collection of, dockage, wharfage and other charges, for the use of the county's public buildings, wharves, bulkheads and piers and shall have the right to appoint such officers and employees that may be necessary for the proper enforcing of such regulatory ordinances and for the collection of such charges. The said board shall likewise have the power through the passage of such ordinances to regulate the use of the public roads of the county and to control and regulate traffic thereon. Such ordinances as may be passed by the said board under this authority shall become effective after being published once in a newspaper having a general circulation in the county, and the violation of any such ordinance shall be a misdemeanor. Regulatory ordinances. Section 10. The courts of this State having jurisdiction of misdemeanor cases shall have jurisdiction to try persons for violation of such ordinances and upon conviction they shall be punished as for a misdemeanor. Violation a misdemeanor. Section 11. This Act shall take effect upon the passage and approval of House Bill No......, entitled, An Act repealing an Act entitled, `An Act to create a Board of County Commissioners of Roads and Revenue for Glynn County, Georgia, to provide qualifications, method of selection, terms of office, powers, authority and liabilities of the 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 the board and clerk; to provide for quarterly publication of receipts and disbursements, and for other purposes', found in Georgia Laws 1935, pages 653-655. Effective date.

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Section 12. Immediately after this Act becomes effective, the ordinary of said county shall call an election to be held not less than 20 nor more than 30 days after the approval of this Act, for the purpose of electing the four additional commissioners provided for in Section 1 hereof. Election of commissioners. Section 13. Should any part of this Act be held to be unconstitutional, such holding shall not affect or destroy the validity of any other portions or parts of the Act. Constitutionality. Section 14. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 11, 1937. GLYNN TAX COMMISSIONER'S SALARYCLERICAL HELP. No. 13. An Act to amend an Act entitled, 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 collection of a tax to pay the salary of said commissioner and his held, and for other purposes, by changing and increasing the salary of the tax commissioner and by providing for the furnishing of necessary clerical assistance and the payment of the premium on the bond of the tax commissioner by the County of Glynn; 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 Section 5 of an Act entitled 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, approved March 23, 1935 (Georgia Laws 1935, pages 656-658) be and the same hereby is amended by striking therefrom the said section in its entirety, and substituting in lieu thereof the following: The salary of the said tax commissioner shall be thirty-six hundred ($3,600.00) dollars per year and shall be paid monthly; and if in the judgment of the Board of Commissioners of Roads and Revenue of Glynn County, said tax commissioner should at any time need clerical assistance, said board shall authorize the tax commissioner to employ same, the salary and terms of employment of such assistant or assistants to be fixed by said board. Act of 1935 amended. Salary. Clerical assistance. Section 2. That Section 6 of the said Act, to provide for a tax commissioner for Glynn County, shall be amended by adding thereto the following, to wit: The premiums upon the bonds required to be given by the tax commissioner of Glynn County, Georgia, shall be paid by Glynn County, Georgia. Bond premium. Section 3. Section 9 of said Act approved March 23, 1935, is amended by adding to said section the following words: And for the premiums on the official bonds of tax commissioner.

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Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 11, 1937. GWINNETT COMMISSIONERS' PAY. No. 147. An Act to amend an Act entitled An Act to create a Board of County Commissioners of Gwinnett County (Acts of 1915, pages 244 to 248, inclusive), approved August 16, 1915; and all Acts amendatory thereof, by amending Section 8 of said Act, to change the pay of each commissioner from three ($3.00) dollars per day to five ($5.00) dollars per day; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Act entitled an Act to create a Board of County Commissioners for Gwinnett County, (Acts of 1915, pages 244 to 248, inclusive), approved August 16, 1915, and all Acts amendatory thereof, be and the same is hereby amended, by amending Section 8 of said Act, by striking the word three in the second line of said Section 8 of said Act, and inserting and enacting in lieu thereof, the word five, and by inserting after the words sit for in the third line of said Section 8 of said Act the words or devote to, so that said Section 8 of said Act, when so amended, shall read as follows: Act of 1915 amended. Section 8. Be it further enacted, that each of said commissioners shall receive five ($5.00) dollars per day, for each day they sit for or devote to county purposes, to be paid out of the treasury of said county, and shall receive no other or further compensation, except that the member of said board who acts as secretary thereof shall receive the

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salary herein provided for, in addition to his regular per diem. Pay per diem. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. HALL COMMISSIONERSAMENDMENTS. No. 450. An Act to amend an Act entitled 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; approved March 21, 1935, contained on pages 661 to 667, inclusive, of Georgia Laws 1935, by amending said Act in regard to the right of said board to contract, fixing the compensation of the members of said board, giving said board the right of eminent domain, repealing Section 15 of said Act repealing 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 as follows: Section 1. 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, is hereby amended as hereinafter provided. Act of 1935 amended.

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Section 2. Section 9 of the said Act is hereby amended by striking from line four of said section the word fourth and inserting in lieu thereof the word first so that said section when so amended shall read as follows: Section 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 first 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. Relationship a bar to contracts, etc. Section 3. Section 12 of said Act is hereby amended by striking from the second line in said section the figures $500.00 and inserting in lieu thereof the words $750.00, so that said section when so amended shall read as follows: Section 12. That the compensation of each member of the board of commissioners shall be $750.00 per annum payable in monthly installments. Increase of pay. Section 4. Section 15 of the said Act is hereby stricken therefrom and repealed in its entirety, and there is hereby inserted in lieu thereof the following: Section 15. The said Board of Commissioners of Roads and Revenues is hereby given the right and authority to exercise the power of eminent domain by taking private property, whether located either within or without Hall County, for public purposes, whenever needed. Said right and power shall be exercised as provided in the Code of 1933. Power of eminent domain. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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HARALSON TAX COMMISSIONER'S PAY. No. 138. An Act to amend the Act of 1935, page 670, entitled an Act to consolidate the office of tax receiver and tax collector in Haralson County, Georgia, by amending said Act to fix the compensation for said tax commissioner. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Section 6, of the Act of 1935, page 670, be and the same is hereby amended by adding comma after the word State in line six, and by striking the word or in line six, and by adding in lieu thereof the words corporation and; by striking the word commission in line 12 and adding in lieu thereof the word commissions; after the word tax collectors in line 13 add the words and tax receivers; after the word collecting in line 13 add the words and receiving, and after the word State in line 13 add comma, and after comma add the word corporation; so that said section when amended will read as follows: Act of 1935 amended. Section 2. That the compensation of the county tax commissioner of Haralson County, Georgia, as hereinafter fixed, shall be full compensation for any and 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, corporation and special taxes, including corporation capital stock taxes. Said salary is hereby fixed at twelve hundred ($1200.00) dollars per annum, to be paid in monthly installments of one hundred ($100.00) dollars 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 tax commissioner shall be entitled to the commission now allowed by law to tax collectors and tax receivers for collecting and

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receiving all State, corporation and special taxes, including corporation capital stock taxes, collected by him. Salary. Commissions. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1937. HEARD COMMISSIONERAMENDMENTS. No. 123. An Act to amend the Act creating the office of Commissioner of Roads and Revenue of the County of Heard; providing for his election; prescribing the term of office of the commissioner so elected; defining certain qualifications of said commissioner; defining the duties of the commissioner; 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 heretofore approved on March 1, 1933, by the General Assembly of the State of Georgia, creating the office of Commissioner of Roads and Revenue of the County of Heard, be and the same is hereby amended in the following particulars: Act of 1933 amended. Section 1. Section 2 of said Act, to wit: Be it further enacted by the authority aforesaid, That said commissioner shall be elected by the qualified voters of said county at the general State election held in said county in 1934, and said commissioner to hold office for a term of four years, beginning January 1, 1937, is hereby stricken from said Act and the following inserted and enacted in lieu thereof as Section 2 of the Act creating the office of Commissioner of Roads and Revenue of the County of Heard: Be it further enacted by the authority aforesaid, that a Commissioner of Roads and Revenues of the County of

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Heard, Z. P. Alman, has been elected at a general State election held in said County of Heard for the year 1936 for a term of four years; that the said commissioner elected, Z. P. Alman, shall take office on January 1, 1937; and his term of office to continue for four years from said date; that his successor shall be elected at a general State election to be held in said county in 1940, and every four years thereafter, as provided by law. New sec. 2. Election and term; of office. Section 2. Be it further enacted by the authority aforesaid, That Section 7 of said Act creating the office of Commissioner of Roads and Revenue of the County of Heard, approved March 1, 1933, is hereby stricken in its entirety and the following inserted and enacted in lieu thereof, and to be known from this day as Section 7 of said Act creating the office of Commissioner of Roads and Revenue of Heard County: Be it further enacted by the authority aforesaid, that said commissioner before entering upon the discharge of his duties as such, shall give bond with good and sufficient security, payable to and approved by the ordinary of said county, in the sum of two thousand ($2,000.00) dollars, and conditioned for the faithful discharge of said commissioner of all his duties in his official capacity. Said commissioner is authorized to pay the annual premium due on said bond out of the public funds of the county. New sec. 7. $2000 bond. Section 3. Be it further enacted by the authority aforesaid, That Section 9, approved March 1, 1933, under the Act of the General Assembly of the State of Georgia creating the office of Commissioner of Roads and Revenue, is hereby stricken from said Act and the following shall be inserted, and enacted in lieu thereof, and known as Section 9 of said original Act: Be it further enacted by the authority aforesaid, That from and after this day the compensation of said commissioner shall be fifteen hundred ($1500.00) dollars per annum, to be paid in 12 equal monthly installments at the end of each calendar month. Salary payable monthly.

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Section 4. Be it further enacted by the authority aforesaid, That Section 14 of the original Act creating the office of Commissioner of Roads and Revenue approved March 1, 1933, be and same is hereby stricken from said the following inserted and enacted in lieu thereof and to be known as Section 14 of the original Act: Be it further enacted by the authority aforesaid, That said commissioner shall devote his entire time, or such time necessary, to the discharge of his duties as such commissioner. New sec. 14. Duty time. Section 5. Be it further enacted by the authority aforesaid, that said Act creating the office of Commissioner of Roads and Revenue of the County of Heard, approved on March 1, 1933, by the authority aforesaid, be and the same is hereby amended by striking Section 16 of the original Act in its entirety and the following is inserted and enacted in lieu thereof and shall be known as Section 16 of said original Act: Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenue of Heard County shall maintain and keep a complete set of books and records regarding the business of said County of Heard which shall be open for reasonable inspection by the citizens of said county in the office of said commissioner; and said commissioner may publish in the official organ of said County of Heard any statement showing the condition of said county as often as he may deem necessary and proper. New sec. 16. Books and records. Section 6. Be it further enacted by the authority aforesaid, That Section 17 of the original Act creating the office of Commissioner of Roads and Revenue of the County of Heard, approved March 1, 1933, be and the same is hereby stricken in its entirety from said Act and the following inserted and enacted in lieu thereof and shall be known as Section 17 of said original Act: Be it further enacted by the authority aforesaid, That said commissioner shall receive bids for all materials, equipment and supplies

Page 1350

for work to be done on public roads, or in connection with his public business. Said commissioner shall give due advertisement and full specifications of the materials, equipment and supplies to be furnished either by posting 10 days' notice on the bulletin board in the courthouse in said county, or publishing same in any publication in said county. It shall be the duty of said commissioner to accept the lowest and best bid in connection with any work, or materials, equipment or supplies to be furnished. At all times said commissioner is to use his best judgment regarding such matters. New sec. 17. Advertisement for bids. Section 7. Be it further enacted by the authority aforesaid, That Sections 25, 26 and 27 of the original Act creating the office of Commissioner of Roads and Revenue of the County of Heard, approved by the General Assembly of the State of Georgia on March 1, 1933, be, and the same are hereby stricken in their entirety and the following inserted and enacted in lieu thereof and shall be known as Sections 25 and 27 of said original Act, to wit: Section 25. Be it further enacted by the authority aforesaid, That the grand jury of said county, at each regular term of court, or any session called by the court, may investigate the office of the Commissioner of Roads and Revenue of the County of Heard. New sec. 25. Grand jury's investigation. Section 27. Be it further enacted by the authority aforesaid, That said commissioner shall have the authority to appoint a clerk to and for said commissioner and fix his salary not to exceed seventy-five ($75.00) dollars per month, and requiring from said clerk proper bond for the faithful performance of his duties as such clerk, said bond payable to said commissioner conditioned said clerk shall faithfully and fully discharge all duties that may devolve upon him as such clerk of the Commissioner of Roads and Revenue of the County of Heard. Clerk. Salary.

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Section 8. Be it enacted further by the authority aforesaid, That any and all laws and parts of laws in conflict with this Act amending the Act creating the office of Commissioner of Roads and Revenue of the County of Heard be and the same are hereby expressly repealed. Approved March 8, 1937. HOUSTON SHERIFF'S BOND REDUCED. No. 19. An Act to reduce the official bond of the sheriff of Houston County from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the amount of the official bond of the sheriff of Houston County, Georgia, be and is hereby reduced from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. $5000 bond. Section 2. Be it further enacted, That all laws and all parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. JACKSON SHERIFF'S BOND REDUCED. No. 136. An Act to reduce the official bond of the sheriff of Jackson County, Georgia, to five thousand ($5,000.00) dollars, and also to reduce the official bond of the sheriff of the City Court of Jefferson, Jackson County, Georgia, to

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two thousand five hundred ($2,500.00) dollars; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the official bond of the sheriff of Jackson County, Georgia, is reduced to five thousand ($5,000.00) dollars, and the official bond of the sheriff of the City Court of Jefferson, Jackson County, Georgia, is reduced to two thousand five hundred ($2,500.00) dollars. $5000 bond. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. JASPER TAX COMMISSIONER'S PAY. No. 441. An Act to amend an Act approved March 26, 1935, entitled an Act to consolidate the offices of tax receiver and tax collector of Jasper County, Georgia; to create the office of county tax commissioner of Jasper County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax receiver and tax collector, when the provisions of this Act becomes 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. therefore 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,

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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 11, Section 3, Paragraph 1, to 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 an Act of the General Assembly approved March 26, 1935, entitled 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 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 of Jasper County, Georgia, to fix the compensation of such tax commissioner and for other purposes and shall be amended by striking Section 6, page 706, Georgia Laws, 1935, and inserting in lieu thereof a new section to be numbered Section 6, and to read as follows: Section 6. The said tax commissioner shall receive as full compensation for his services the commissions now allowed by law to tax collectors for collecting State, county and school taxes and State special

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taxes and the commission allowed tax receivers for receiving State taxes. All commissions accruing to the tax receiver for receiving county taxes shall be paid into the county treasury. Act of 1935 amended. New sec. 6. Pay in commissions. Payments to treasury. Section 2. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 30, 1937. JEFFERSON COMMISSIONERS' BONDS. No. 318. An Act to amend an Act approved August 7, 1918, creating a Board of Roads and Revenue of Jefferson County, Georgia, so as to provide that each county commissioner holding office under that act, shall give a bond in the sum of four thousand ($4,000.00) 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 and its approval by the Governor, each member of the Board of Roads and Revenue of Jefferson County, Georgia, shall, before assuming the duties of his office, give a good and sufficient bond for the faithful performance of his duties in the sum of four thousand ($4,000.00) dollars. Said bonds to be in the same form and approved the same as bonds given by other county officers, but the premium on said bonds of said county commissioners can be paid from county funds. $4000 bond. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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JEFFERSON SHERIFF'S BOND REDUCED. No. 288. An Act to reduce the bond of the sheriff of Jefferson County, Georgia, from the amount of ten thousand ($10,000.00) dollars to five thousand ($5,000.00) 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 the sheriff of Jefferson County, Georgia, shall be required to give bond in the sum of five thousand ($5,000.00) dollars instead of ten thousand ($10,000.00) dollars as provided by the general law as laid down in the Code of 1933, Section 24-2805, and it is the purpose of this Act to reduce the amount of said sheriff's bond from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. $5000 bond. Section 2. Be it further enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, That this Act is to become effective immediately upon its passage and approval of the Governor of Georgia. Effective date. Section 3. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. JOHNSON ORDINARY AND CLERKPAY. No. 26. An Act to amend an Act to prescribe the duties and powers of the ordinary of Johnson County, when sitting for county purposes; to provide for his compensation; to provide for the appointment of a clerk to the ordinary

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for county purposes; to provide for the compensation of such clerk; to provide for the equal distribution of the taxes levied for the payment of the expenses of working the roads, bridges and causeways in said county, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That the above entitled Act approved August 11, 1919, be and the same is hereby amended in the first particulars: That Section 5 of said Act aforesaid in the first sentence thereto wherein it provides that the ordinary shall receive the sum of forty ($40.00) dollars per month, that the same be changed to read seventy-five ($75.00) dollars per month, so that said section should read when amended as follows: Act of 1919 amended. Be it further enacted by the authority aforesaid, That said ordinary in said county shall receive for his services when acting for county purposes, the sum of seventy-five ($75.00) dollars per month, to be paid monthly out of the treasury of the County of Johnson upon his warrant drawn for that purpose, and he shall not be allowed anything more for such services in the way of fees. But if such ordinary shall have to go to any expense for the county in the performance of or the execution of his duties which are not provided for in this Act, he shall be allowed remuneration for such expense after the same has been submitted to the judge of the Superior Court of the county at each term of his court for examination and approval of a proper and legal charge for such expense, and not otherwise; same to be paid by the treasurer out of the treasury of the county on the order of the said judge of the Superior Court. Ordinary's pay increase. Section 2. Be it further enacted by the authority aforesaid, That Section 6 of the said Act aforesaid be amended in the fifteenth line wherein it provides that the clerk shall receive a salary of twenty-five ($25.00) dollars, that there

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be submitted (substituted) therefor the sum of forty ($40.00) dollars per month so that when said section is amended the same shall read as follows: Be it further enacted by the authority aforesaid, that the ordinary of said County of Johnson shall, if in his discretion it is found to be necessary, have the power and authority to appoint a clerk, who shall be a qualified book-keeper, to his court for county purposes, whose duties it shall be to keep all the records pertaining to the county's business in charge of said ordinary in a businesslike, clear, concise, and correct manner, and in accordance with the requirements of the provisions of the Act. Said ordinary shall have the power and authority to discharge said clerk at any time, for cause, and to appoint another in his stead when the duties of the office for county purposes shall require. Such clerk of the court of ordinary for county purposes shall receive a salary of forty ($40.00) dollars per month, to be paid monthly out of the treasury of the county on the warrant of the ordinary. The powers of the said clerk shall be restricted to clerical work of the court, and not otherwise; the ordinary shall personally sign all orders, judgments and warrants. Clerk's duties. Pay increase. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provision of this Act be and the same are hereby repealed. Approved February 10, 1937. LAMAR SHERIFF'S BONDAMOUNT. No. 18. An Act to fix the amount of the bond of the sheriff of Lamar County at three thousand ($3,000.00) dollars, to provide for increasing the same by the judge of the Superior Court of said county; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the amount of the bond of the sheriff of Lamar County shall be three thousand ($3,000.00) dollars. $3000 bond. Section 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 Lamar is located shall 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 ($5,000.00) dollars, whenever in the discretion of the said judge said increase is deemed necessary and advisable. May be increased to $5000. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 10, 1937. LANIER COMMISSIONERSAMENDMENTS. No. 354. An Act amending an Act to create a Board of Commissioners of Roads and Revenues for the County of Lanier, Georgia, approved March 7, 1933 (Ga. Laws 1933, 602-611), by increasing the number of members of said board, providing for an annual audit, fixing salaries, duties and jurisdiction of said board; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. From and after the passage of this Act, Section 1 of the Act creating a Board of Commissioners of

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Roads and Revenues for the County of Lanier, Georgia, approved March 7, 1933 (Ga. Laws 1933, 602-611), be and the same is hereby amended by striking the word three in the fifth line of said section, and inserting in lieu thereof the word seven, so that said board shall be composed of seven members instead of three. Said section is further amended by adding a subparagraph thereto as follows: Act of 1933 amended. (1) The four additional members of said board are hereby named as follows: R. L. Patten and J. M. Cook from District No. 1, J. B. Herndon from District No. 2, and H. B. Phillips from District No. 3, all of whom shall serve from and after the passage of this Act until the terms of office of the other three commissioners shall expire, the terms of all of said members from and after the passage and approval of this Act being the same. Four board members added. Section 2. Be it further enacted that Section 4 of said Act be, and the same is hereby amended, by adding at the end thereof the following: Provided, that in future elections for members of said board, there shall be elected from District No. 1, two shall be elected from District No. 2, and two shall be elected from District No. 3, and the three candidates in District No. 1, and the two candidates in Districts Nos. 2 and 3 receiving the largest number of votes in the county shall be declared elected. District elections. Section 3. Be it further enacted, That Section 10 of said Act be and the same is hereby amended, by striking the language he shall prepare the financial report of the board, which is to be submitted to the grand jury at the October and February terms of the Superior Court of said county, showing the amount of receipts and disbursements, beginning in the tenth line of said section and ending in the fourteenth line thereof, and by adding at the end of said section the following provision: Provided, that the monthly report of the clerk to the board shall be an itemized

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statement showing all amounts collected and expended on behalf of the county during that month, and showing the balance of cash on hand at the beginning of the month and at the end of the month, and all outstanding obligations of the board, and said report shall be examined and verified by the members of the board, and sworn to by them as being correct, and shall be published in the official organ of the county at an expense not to exceed one ($1.00) dollar per 100 words. Itemized statements to be published. Section 4. Be it further enacted, That Section 16 of the Act aforesaid be, and the same is hereby stricken in its entirety and the following section, to be numbered 16, inserted in lieu thereof: Section 16. Be it further enacted that the salary or compensation of each member of the board shall be five ($5.00) dollars per month, which shall be paid from general county funds as other salaries of county officers are paid. Pay of board members. Section 5. Be it further enacted that Section 19 of the Act aforesaid be, and the same is hereby amended by striking the entire section and inserting in lieu thereof, to be numbered 19, the following section: Section 19. Be it further enacted that at any regular or called meeting of the board, a quorum shall consist of five members thereof, and no less number shall be entitled to pass on questions relating to the affairs of the county and the duties of the board, and the affirmative vote of at least four members of the board, at any regular or called meeting, shall be necessary to adopt any motion or resolution considered by the board. Any number less than a quorum may adjourn the meeting over to a subsequent time when a quorum may be secured. Quorum at meetings. Section 6. Be it further enacted, That the Act aforesaid be further amended by adding as an additional section thereto, numbered 24, as follows: Section 24. Be it further enacted by the authority aforesaid, That the grand

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jury sitting at the last regular term of court in each year shall appoint a public accountant or a firm of public accountants to audit all the books and accounts of the county, including the tax receiver, tax collector, tax commissioner, treasurer, depository, sheriff, superintendent of schools, commissioners of roads and revenues, and any or all other officers or persons either 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 roads and revenues. Said accountant shall audit all books, accounts, vouchers, warrants, and other records of the entire county up to the first day of January of the year following his or their appointment, and shall prepare an inventory of all property and material of said county on hand at that date, and make a report of their findings to the judge of the Superior Court of said county, who shall submit the same together with his comment, criticism, and recommendations 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. 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 revenues to provide for and pay said accountant or accountants for their services upon the written approval of the foreman of the grand jury making the appointment. Audit of accounts and books. Grand jury's duty. Section 7. Be it further enacted that the Act aforesaid be further amended by adding an additional section thereto, numbered 25, as follows: Be it further enacted by the authority aforesaid, That whenever said board of commissioners

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of roads and revenues deem it advisable or necessary that any property belonging to said county be sold, they 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 courthouse door. Sale of county property. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 27, 1937. LAURENS SHERIFF'S BOND REDUCED. No. 94. An Act to change the amount of the bond of the sheriff of Laurens County, Georgia, from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars, 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 the State of Georgia, and it is hereby enacted by the authority of same: Section 1. That on and after the passage of this Act the bond to be given by the sheriff of Laurens County to enable him to qualify shall be three thousand ($3,000.00) dollars instead of ten thousand ($10,000.00) dollars. $3000 bond. Section 2. Be it further enacted by the authority aforesaid, That the County of Laurens, pay the premiums on said bond of the sheriff and all other county officers. Premium. Section 3. 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 by the Governor of Georgia. Effective date.

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Section 4. Be it further enacted by the General Assembly of Georgia, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1937. LIBERTY COMMISSIONERS' RESIDENCE. No. 112. An Act to amend an Act approved March 12, 1935, Acts 1935, page 717, etc., having reference to the Board of Commissioners of Roads and Revenues of Liberty County, their duties and powers, by striking a portion of Paragraph 5 of said Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, by striking all of Paragraph 5 of said Act after the word respectively in the fifth line thereof, so that said section, when thus amended, shall read as follows: Section 1. Be it enacted by the authority of aforesaid, That there shall be a commissioner from each road district, and he must be a resident of said road district which he represents, each district being thus represented on said board by a resident respectively. Residence of commissioner. Section 2. Be it further enacted by authority of aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. LINCOLN TREASURER'S BOND PREMIUM. No. 70. An Act to amend an Act approved August 19, 1916, Acts of 1916, page 461, entitled An Act to provide as compensation

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for the treasurer of Lincoln County a salary of two hundred ($200.00) dollars per year, instead of commission heretofore allowed by law, and for other purposes, by amending the caption of said Act by adding the following words: Provided that where a surety bond is given by the treasurer of Lincoln County, the ordinary or those officials having charge of county affairs, may in his or their discretion pay the premium on such bond out of the public moneys of said county; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, that an Act approved August 19, 1916, page 461, Acts of 1916, an Act to provide as compensation for the treasurer of Lincoln County a salary of two hundred ($200.00) dollars per year, instead of commissions heretofore allowed by law, and for other purposes, be, and the same is hereby amended by adding to Section 1, beginning after the word county in the last line of said section and inserting thereto the following words: Provided, that where a surety bond is given by the treasurer of Lincoln County, the ordinary or those officials having charge of county affairs, may in his or their discretion pay the premium on such bond out of the public moneys of said county, so that said section when amended shall read as follows: Act of 1916 amended. 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, 1917, the treasurer of Lincoln County shall receive as sole compensation for his services a salary of two hundred ($200.00) dollars per year to be paid out of general funds of said county; provided that where a surety bond is given by the treasurer of Lincoln County, the ordinary or those officials having charge of Lincoln County affairs may in his or their discretion

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pay the premium on such bond out of the public moneys of said county. Bond premium. Section 2. Be it further enacted by authority of the same, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 1, 1937. LONG SHERIFF'S BOND REDUCED. No. 280. An Act to reduce the bond of the sheriff of Long County from ten thousand ($10,000.00) dollars to twenty-five hundred ($2,500.00) dollars, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On and after the passage of this Act the bond required of the sheriff of Long County, Georgia, be and the same is hereby reduced from the sum of ten thousand ($10,000.00) dollars to the sum of twenty-five hundred ($2,500.00) dollars. $2500 bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. LOWNDES SHERIFF'S BOND REDUCED. No. 425. An Act to reduce the bond of the sheriff of Lowndes County, Georgia, and his bond as ex-officio sheriff of the City Court of Valdosta. Be it enacted by the General Assembly, and it is hereby enacted by the authority of same, as follows:

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Section 1. That the official bond of the sheriff of Lowndes County, Georgia, shall be reduced from the present sum of ten thousand ($10,000.00) dollars to the sum of three thousand ($3,000.00) dollars, and the bond of the said sheriff of Lowndes County as ex-officio sheriff of the City Court of Valdosta be and is hereby reduced from the sum of five thousand ($5,000.00) dollars to the sum of two thousand ($2,000.00) dollars. $3000 bond. $2000 bond. Section 2. That all laws in conflict with the foregoing are hereby repealed. Approved March 30, 1937. LUMPKIN COMMISSIONERSAMENDMENTS. No. 176. An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Lumpkin; to define the powers and duties of said board; to fix the qualifications, terms of office, and compensation of members of said board; to provide for the selection of successors; and for other purposes, appearing on page 682 of the 1919 Acts of the General Assembly of Georgia approved August 11, 1919, by providing for two additional members of the said board; naming the two members to serve until the terms of the present commissioners expire; providing for the election of the members of the board of commissioners; providing that the chairman of the board of commissioners shall be the candidate receiving the highest vote; providing that the chairman of the board shall reside in the City of Dahlonega; providing that the clerk of said board must be a member of the board; providing that a candidate for membership on the said board must announce for a specific place on the board; 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 Section 1 of the Act of the General Assembly appearing on page 682 of the 1919 Acts of the General Assembly be and the same is hereby amended by striking therefrom the word three, and by substituting in lieu thereof five. Act of 1919 amended. Section 2. R. C. Meaders and L. J. Justus are hereby appointed, constituted, and named members of the Board of Commissioners of Roads and Revenues of Lumpkin County, to continue in office as such until their successors are elected and qualified as hereinafter provided. Commissioners appointed. Section 3. The said two county commissioners named in this Act shall hold office until January 1, 1941. Term of office. Section 4. At the regular election for county officers to be held in November, 1940, and at each election for county officers thereafter, whether general election or primary election, the Commissioners of Roads and Revenues of Lumpkin County shall be elected for terms of four years; Provided, however, that each candidate for membership on the Board of Commissioners of Roads and Revenues of Lumpkin County shall designate one of the five commissioners' places he desires to become a candidate for or to fill. Elections and terms of office. Section 5. The chairman of the Board of Commissioners of Roads and Revenues of Lumpkin County shall be and is hereby declared to be that candidate receiving the highest number of votes for Commissioner of Roads and Revenues of Lumpkin County; Provided, however, that the said candidate receiving the highest number of votes shall reside in the City of Dahlonega upon his qualification as chairman and in the event the said candidate does not desire to reside in the City of Dahlonega, then the candidate who receives the next highest number of votes who determines

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to reside in the City of Dahlonega upon his qualification as commissioner, shall then be chairman of the said board. Chairman of board. Section 6. Section 10 of the Act of the General Assembly appearing on page 685 of the 1919 Acts of the General Assembly with reference to the clerk of the board of commissioners and his duties, be, and the same is hereby amended, by striking therefrom the language: Who may or may not be a member of the board, and by substituting in lieu thereof the language: Who must be a member of the board. Clerk a board member. Section 7. Section 11 of the said Act of 1919 appearing on page 608 of the Acts of the General Assembly for that year, providing: The clerk of the Superior Court of Lumpkin County may be selected by said Board of Commissioners of Roads and Revenues, if said board sees fit and proper to make such selection, to act as clerk of the Board of Commissioners of Roads and Revenues of said county, be, and the same is hereby repealed. Repeal of sec. 11. Section 8. Upon the passage and approval of this Act, the Board of Commissioners of Lumpkin County shall within a period of five days meet, organize, and elect a chairman and transact such other official business as might come before said board. Organization. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1937. MACON COUNTY COMMISSIONERS' PAY. No. 48. An Act to fix the compensation of the county commissioners of Macon County at two hundred and forty ($240.00) dollars a year; and for other purposes.

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Section 1. Be it enacted by the General Assembly of Georgia, That the compensation of the county commissioners of Macon County shall be two hundred and forty ($240.00) dollars a year. $240 a year. Section 2. The provisions of this Act shall be effective as of the date this Act is approved, and said sum of two hundred and forty ($240.00) dollars, shall be paid from the period elapsing between the approval of this Act and the end of the year 1937, and for each year thereafter. Period. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 17, 1937. MADISON COMMISSIONERSADVISORY BOARDATTORNEY. No. 41. An Act to amend an Act approved August 17, 1914 (Georgia Laws 1914, page 316), as amended by an Act approved August 8, 1916 (Georgia Laws 1916, page 462), to provide for the creation of an Advisory Board to the Commissioner of Roads and Revenues of Madison County; to define its duties, and to further define the duties of the Commissioner of Roads and Revenues of Madison County; 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 from and after the passage of this Act that the Act creating the office of Commissioner of Roads and Revenues of the County of Madison (Georgia Laws 1914, page 316) as amended by an Act approved August 8, 1916 (Georgia Laws 1916, page 262), be and

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the same is hereby amended by adding thereto after Section 15 the following sections to be numbered as follows: Acts of 1914 and 1916 amended. Section 16. 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 of Madison County be and the same is hereby established. Advisory board established. Section 17. Said Advisory Board shall be composed of three members to be elected by the grand jury at the spring term of Madison Superior Court; one member of said board from the following militia districts, Danielsville District, Grove Hill District and Pittman District; one member from Mill District, Harrison District and Pocataligo District, and one member from Collins District, Fork District and Brookline District. The terms of the members of said board shall be for three years except that the grand jury at the first election hereunder shall elect one member for a term of one year, one for a term of two years, and one for a term of three years. If the spring term of Madison Superior Court has been held and adjourned prior to the approval of this Act the judge of the Superior Court of the Northern Judicial Circuit is hereby authorized and empowered to reconvene said grand jury for the purpose of carrying into effect the provisions of this Act. Membership. Section 18. The terms of the members of the board elected hereunder shall run from the first day of April following their election for three years except should there be a failure to elect said board prior to April 1, 1937, the terms of those elected in 1937 shall commence immediately after their election and commission and run as herein provided. The grand jury shall enter as a part of its general presentments the election of board members hereunder and the clerk of the Superior Court of Madison County shall certify the names of those elected to the judge of the Superior Court of the Northern Judicial Circuit who shall thereupon

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commission such board in accordance with the election of the grand jury. In the event of a vacancy on said board by death, resignation or otherwise, the vacancy shall be filled by appointment of the ordinary until the next grand jury meets in said county, at which time said grand jury shall fill such vacancy for the unexpired term. Terms of office. Section 19. Persons eligible for election to membership on said board in addition to the qualifications now prescribed by law for elective county officers shall be at least 30 years of age; shall have been a citizen of the county for at least five years next preceding the date of the election, shall be a freeholder of good moral character, and experienced in matters of business and finance. Eligibility. Section 20. Before entering on the discharge of the duties of said board said members shall each give a bond in the sum of five hundred ($500.00) dollars in a 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 Madison County and recorded as the bonds of other county officers. The premium on said bonds shall be paid out of county funds on the warrant of the Commissioner of Roads and Revenues. Bond. Premium. Section 21. 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 two hundred and fifty ($250.00) dollars 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 Madison County. Pay of board members.

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Section 22. Said board shall be required to attend the regular meetings of the Commissioner of Roads and Revenues provided in Section 5 of the Act of 1914 and all special sessions of said commissioner called by him at any time for the transaction of any county business involving the making of contracts or expenditure of public funds and it is hereby made the duty of the Commissioner of Roads and Revenues to notify each member of said board of any and all special sessions called for the purposes above set out and no contract or official act of the Commissioner of Roads and Revenues shall be valid and binding at any regular or special meeting of said Commissioner of Roads and Revenues unless the same shall have the approval of a majority of said board. Meetings. Notice. Section 23. That said board shall sit with the Commissioner of Roads and Revenues in an advisory capacity and advise him in the discharge of all the duties incumbent upon him under the provisions of the Act of 1914, including the levying of taxes, making contracts, auditing the accounts of county officers, and all and every duty devolving upon him under said Act, or by the laws of this State, as Commissioner of Roads and Revenues of Madison County. In all matters arising hereunder the decision of the Commissioner of Roads and Revenues and a majority of said Advisory Board shall be controlling. If there should be an equal division then the decision of the majority of said board shall be controlling as to all matters except the levying of taxes, which shall be done by the Commissioner of Roads and Revenues in the manner now provided by law. That in addition to the duties devolving upon the commissioner under Section 14 of the Act of 1914 it shall be the duty of the commissioner in conjunction with the Advisory Board to proceed immediately upon assuming their duties to cause to be employed a competent accountant and cause a thorough and exhaustive audit to be made of the financial condition of Madison County, and to set up and

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provide a modern accounting system for the purpose of keeping proper records of all the officials and agents of Madison County who collect or disburse public funds, and annually thereafter to cause an annual audit to be made, and a well-bound copy of the same shall be kept as a permanent record in the office of the Commissioner of Roads and Revenues and exhibited to the grand jury at the spring term of Madison Superior Court. Advisory capacity. Decisions. Duties. Section 24. That the Advisory Board herein created shall designate one of their number whose duty it shall be to countersign all warrants, checks and vouchers for the expenditure of the public funds of Madison County, and who shall also countersign all contracts that have the effect of binding Madison County for the expenditure of public funds and all such contracts shall show on their face that they have been submitted to and approved by the Commissioner of Roads and Revenues and the Advisory Board as herein provided. The board may designate one of their number for this purpose, either generally or specially. It shall be the duty of the clerk of the Commissioner of Roads and Revenues acting under Section 6 of the Act of 1914 to keep full and accurate minutes of all meetings, both regular and special, of the Commissioner of Roads and Revenues and the Advisory Board hereunder, and upon the motion of the Commissioner of Roads and Revenues or any member of said board it shall be his duty to record the vote of the Commissioner of Roads and Revenues and every member of the Advisory Board upon any question arising for a decision, and decided in any such meeting. Warrants, checks, vouchers. Record of votes. Section 25. That the Commissioner of Roads and Revenues and said board may in their discretion employ a county attorney and fix his term and compensation and it shall be the duty of said county attorney to perform all such duties as may be required of him by said Commissioner of Roads and Revenues and said board. County attorney.

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Section 2. All laws and parts of laws in conflict herewith shall be repealed. Approved February 17, 1937. BOARD OF MARION COMMISSIONERS. ACT OF 1925 REPEALED. No. 140. An Act to repeal an Act entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Marion; to provide for their selection, to define and prescribe their terms of office, duties and powers, to fix their compensation, and for other purposes, approved July 28, 1925, and all Acts amendatory thereto. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that: Section 1. From and after the passage of this Act, the Act to create a Board of Commissioners of Roads and Revenues for the County of Marion, to provide for their selection, to define and prescribe their terms of office, duties, and powers, to fix their compensation, and for other purposes, approved July 28, 1925, appearing on pages 697-702 of the Georgia Laws of 1925, and all Acts amendatory thereto, be and the same are hereby repealed. Act of 1925 repealed. Section 2. This Act shall become effective 60 days after its passage and approval. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937.

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MARION BOARD OF COMMISSIONERS CREATED. No. 145. An Act to create a Board of Commissioners of Roads and Revenues for the County of Marion; to provide for their selection, to define and prescribe their terms of office, duties and powers, to fix their compensation; to establish commissioner districts; to provide for the selection of a clerk; to provide the amount determining compensation of the clerk; to provide for a bond for the clerk; to provide for a special election for the election of Commissioners of Roads and Revenues for Marion County; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: Section 1. Within 60 days after the passage and approval of this Act there shall be held a special election in the County of Marion for the purpose of electing three citizens of said county who have resided in the county for a period of at least 12 months next preceding the said special election, who shall, after taking the oath hereinafter prescribed, constitute a Board of Commissioners of Roads and Revenues for said county. The ordinary shall call the said special election within 30 days after the approval of this Act. Election of board of three. Section 2. The commissioners elected in accordance with Section 1 of this Act shall hold office until their successors are elected and qualified, and successors shall be elected at the next general election for terms of four years. Members of the Board of Commissioners of Roads and Revenues of Marion County so elected shall hold office until their successors in office are elected and qualified. All vacancies by death, resignation, removal, or disability, shall be filled by a special election for said purpose. Said election

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to be called by the ordinary of Marion County within 30 days from the time the vacancy occurs. Tenure of office. Vacancies. Section 3. Marion County is hereby divided into three commissioner districts; one district being that territory lying north of the Central of Georgia Railroad outside Buena Vista Militia District; one district being that territory lying south of the Central of Georgia Railroad outside Buena Vista Militia District; one district to be that known as the Buena Vista Militia District. Each district shall be represented on said board by one commissioner who is a resident of said district; Provided, however, that the voters in the entire County of Marion shall vote upon the election of all candidates for said board of commissioners. Commissioner districts. Section 4. Be it further enacted, that no person shall be competent to serve on said board until he shall have taken the following oath of office, which shall be administered by the judge of the Superior Court, the clerk of said court, or the ordinary, which oath shall be recorded in the book of records of the proceedings of said board hereinafter provided for, to wit: You, and each of you do solemnly swear that you will faithfully discharge the duties of the Commissioners of Roads and Revenues, and in all matters which require your official action you will so act as in your judgment will be most conducive to the welfare and prosperity of the entire county. So help you God. Oath of office. Section 5. It shall be the duty of the clerk of the Superior Court to certify to the Governor, under the seal of his office, the names of the successful candidates for membership on the said board of commissioners, and the Governor shall, upon receipt thereof, commission them for the term to which they may have been respectively elected, and upon the presentation of their commissions and taking the oath above prescribed, they shall enter upon the discharge of their duties. Certificate and commission.

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Section 6. The said board of commissioners shall hold a regular meeting on the first Tuesday in each month at the courthouse in said county, but they may hold special meetings at any time and at any place in said county that their duties may require. At all such meetings the chairman shall preside, if present, but in all cases, two shall constitute a quorum to do business, and the concurrence of any two of the commissioners shall decide all questions. The board, at the first meeting, shall elect one of their members as chairman, whose duties shall be to preside at all meetings and who shall retain his position during the term of his office. Meetings. Quorum. Section 7. The board of commissioners shall select some suitable person as clerk and he shall attend all sessions of the board and shall keep a record of the actings and doings of said board in a well-bound book to be provided at the expense of the county, and shall receive such compensation as shall be fixed by said board. The clerk of said board shall keep a book of inventory of all county property including road machinery, live stock, chaingang outfits, road work tools and every kind and class of property belonging to the county, together with a fair valuation of the same, which inventory shall be carefully revised each year, and said clerk shall keep such other books and records as may be necessary or as the board may want, and shall perform generally all and singular the acts and duties necessary to be performed by him as such clerk, and such other duties as said board may require. Said board may discharge said clerk at any time and elect a successor. Clerk's duties. Section 8. Said board of commissioners shall be paid the sum of three ($3.00) dollars per day for the time they are actually engaged in their official duties, to be paid by the county treasurer on the order of said board. Pay per diem. Section 9. The board of county commissioners shall, in their discretion, employ a superintendent of roads and

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bridges who shall be selected on account of his efficiency, knowledge and skill in practical road building. The superintendent shall also be convict warden. He shall have charge of laying out, building, repairing, improving and maintaining the public roads and bridges of the county under the orders of the board of county commissioners. He shall receive such salary as may be fixed by the board of commissioners, and his term of office shall be set by the board, with authority vested in said board to discharge him at any time and employ a successor. Superintendent of roads and bridges. Section 10. The said Board of Commissioners of Roads and Revenues shall have, and they are hereby vested with exclusive jurisdiction over the following matters: In directing and controlling and caring for all property of the county according to law; in levying taxes according to law; in establishing, abolishing, or altering roads, private ways, bridges, ferries, according to law; in establishing, abolishing and changing election precincts and militia districts; in supervising the tax collector's and tax receiver's, or tax commissioner's, books and allowing the insolvent list for said county according to law; in settling all claims against the county, examining and auditing all claims or accounts of officers having the care, management, keeping, collecting or disbursement of money belonging to the county, or appropriated for its use and benefit and bringing them to settlement, and especially are they charged with the duty to examine and audit frequently the books of the county officers of said county through whose hands county funds pass, and this may be done by the commissioners themselves, or by their clerk or an auditor, and they may require from all such officers such reports as may be necessary to keep such board fully informed at all times of the financial 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 and for the preserving and promoting of the

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public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; to regulate peddling and fixing license fees, according to law; and generally to have and exercise all the powers which by the Constitution and laws of Georgia vested in ordinaries when sitting for county purposes, and to exercise such other powers as are granted by law or as may be indispensable to their jurisdiction over county matters or county finances; in selecting and appointing all minor officials of the county whose election or appointment is not otherwise provided for by law, such as superintendent and guards of convicts and chaingang, janitor at courthouse, superintendent of poor farms, county physician, health officer, county attorney, county policemen, and other officers and guards as may be needed and authorized by law. The said board shall have entire control and management of the convicts of said county sentenced to work upon the roads or works of said county, and all convicts of this State assigned to this county by proper authorities of the State, and shall so employ them according to law, and under such plans of working, building, repairing, and maintaining the public roads, bridges, and works of said county, and the streets of Buena Vista, Georgia, as now provided by law, as may now or hereafter be adopted or enforced in said county. Jurisdiction of board. Section 11. The board of county commissioners may receive contributions for the improvement of the public roads of the county from persons who own property along the same or from any other person or from the State Government or the United States Government, and such contribution, when received, shall be used for the improvement of the roads designated by the contributor. Contributions. Section 12. The clerk of the said board shall be required to make a good and sufficient bond in the amount of $500.00 conditioned upon the faithful discharge of his

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duties and a true accounting of all moneys that pass through his hands. Clerk's bond. Section 13. The board shall publish quarterly a list of all receipts and disbursements in the official county gazette. Quarterly publication. Section 14. If any section or part 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. Section 15. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 10, 1937. MCDUFFIE TREASURYBOND REQUIRED. No. 4. An Act to amend an Act entitled An Act to abolish the office of county treasurer for the County of McDuffie; to provide a depository for the funds of said county, and how said funds shall be disbursed; to prescribe the regulations governing the handling of county funds by such depository; and for other purposes, approved August 18, 1919, by providing that the ordinary of McDuffie County shall act as county treasurer for said McDuffie County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after passage of this Act, an Act entitled An Act to abolish the office of county treasurer for the County of McDuffie; to provide a depository for the funds of said county, and how said funds shall be disbursed; to prescribe the regulations governing the handling of county funds by such depository; and for other purposes, approved August 18, 1919, and found in Georgia Laws of 1919, on

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pages 689 and 690, be and the same is hereby amended in the particulars hereinafter stated, to-wit: By striking from said Act Section 3, which reads as follows: Section 3. Be it further enacted, and it is hereby enacted by the authority aforesaid, That the cashier of the bank thus selected shall discharge all the duties heretofore discharged by the county treasurer, without compensation from said county, and by substituting in lieu thereof a new section, to be known as Section 3, and to read as follows: Act of 1919 amended. Section 3. Be it further enacted by the authority aforesaid, That the ordinary of McDuffie County shall discharge all the duties heretofore discharged by the county treasurer, subject to the requirement of this Act that he must designate some duly chartered bank of said county as the county depository, and that he shall receive no compensation from said county for fulfilling said duties heretofore performed by the county treasurer. Ordinary's duty. Bank depository. By striking from said Act Section 4, which reads as follows: Section 4. Be it further enacted, and it is hereby enacted by the authority aforesaid, That said cashier, before handling any funds of said county, shall enter into bond with good security to be approved by said ordinary, conditioned for the faithful discharge of the duties aforesaid, in a sum equal to that now required of the county treasurer, and by substituting in lieu thereof a new section, to be known as Section 4, and to read as follows: Bond of cashier. Section 4. Be it further enacted by the authority aforesaid, That said ordinary of McDuffie County, before handling any funds of said county, shall enter into bond, signed by some regularly licensed bonding company in said State, conditioned for the faithful discharge of the duties aforesaid, in a sum of not less than fifteen thousand ($15,000.00)

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dollars, and to be paid for out of the treasury of McDuffie County. Bond by ordinary. Section 2. Be it further enacted, and it is hereby enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved February 8, 1937. McINTOSH SHERIFF'S BOND REDUCED. No. 157. An Act to reduce the official bond of the sheriff of McIntosh County, Georgia, from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) 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 McIntosh County, Georgia, be and the same is hereby reduced from ten thousand ($10,000.00) dollars to three thousand ($3,000.00) dollars. $3000 bond. Section 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 12, 1937. MITCHELL SHERIFF'S BONDAMOUNT. No. 313. An Act to fix the amount of the bond of the sheriff of Mitchell County, Georgia, at five thousand ($5,000.00) dollars; 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, That: Section 1. From and after the passage of the same, and the approval thereof, the bond to be given by the sheriff of Mitchell County, Georgia, to enable him to qualify, shall be for and in the sum of five thousand ($5,000.00) dollars. $5000 bond. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. MITCHELL TAX COLLECTOR AND RECEIVER. No. 28. An Act to repeal an Act approved August 7, 1931, Acts of the General Assembly of Georgia, 1931, page 535, entitled An Act to abolish the office of tax receiver and tax collector of Mitchell County, Georgia; to create the office of tax commissioner of Mitchell County, Georgia, and for other purposes; to provide for the offices of tax receiver and tax collector for said County of Mitchell; to provide for appointment and/or election of said officers; to prescribe fees for same; to provide that all tax executions or fi. fas. heretofore issued by any tax collector or tax commissioner in and for said county shall be valid, binding, and of full force and effect; to provide for election of a tax receiver in and for said county and the manner of calling and holding said election; to provide for giving bond by said officers; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that An Act to abolish the office of tax receiver and tax

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collector of Mitchell County, Georgia; to create the office of tax commissioner of Mitchell County, Georgia; to fix the term and compensation of said officers; and for other purposes, approved August 7, 1931, as appears in Georgia Laws of 1931, page 535, be and the same hereby is repealed. Act of 1931 repealed. Section 2. Be it further enacted, That the offices of tax collector and tax receiver in and for said County of Mitchell are hereby re-established and created, to be administered and operated by a tax collector and a tax receiver under the general laws of this State now in existence, or that hereafter may be enacted, with respect to said offices, said tax collector and tax receiver to be governed and controlled by and subject to all laws and regulations now applicable to said offices, or that hereafter may be enacted, respectively, and to receive the same fees and commissions as now, or may hereafter be prescribed by law. Offices established. Section 3. Be it further enacted, That John M. Griner, the present tax commissioner, be and he hereby is designated and appointed as tax collector of Mitchell County, Georgia, for the remainder of his term of office as tax commissioner, and until his successor as tax collector shall have been elected and qualified. Collector named. Section 4. Be it further enacted, That within twenty days after the passage and approval of this Act, the ordinary of Mitchell County, Georgia, shall call an election to be held at all of the voting precincts of said county for the election of a tax receiver in and for said county, said election to be held under the laws of this State governing the holding of general elections, the returns of which election shall be made to said ordinary, who shall promptly declare the result of the same; whereupon said result shall be by said ordinary certified to the Governor, as provided by law, who shall issue a commission to said elected tax receiver, as provided by law. Election of receiver.

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Section 5. Be it further enacted, That until the election and qualification of said tax receiver, the tax collector of Mitchell County, Georgia, shall act as tax receiver in receiving tax returns for the year 1937. Collector and receiver. Section 6. Be it further enacted, That all tax executions or tax fi. fas. heretofore issued by any tax collector or tax commissioner of Mitchell County, Georgia, shall be and remain enforceable, valid and unimpaired, and shall have full force and effect as issued. Executions for taxes. Section 7. Be it further enacted, That the bond of the present tax commissioner, if it already shall have been accepted and approved by the proper authorities, shall be accepted and treated by the county and State authorities as the bond of tax collector of Mitchell County, provided the principal and sureties on said bond, by proper agreement to be attached to said bond and made a part thereof, agree to same; otherwise, said tax collector shall give a new bond as tax collector, to be approved by the proper county and State authorities. If the aforesaid agreement by principal and surety on said bond of said tax commissioner shall be made and accepted by proper county and State authorities, to wit: The Board of Commissioners of Roads and Revenues of Mitchell County and the Comptroller-General of Georgia, then and in that event said bond shall be valid and binding and enforceable as the bond of the said tax collector. Official bond of collector. Section 8. Be it further enacted, That said tax receiver shall give bond as now provided by law for tax receivers, to be acceptable to and approved by the proper county and State authorities, to wit: The Board of Commissioners of Roads and Revenues of Mitchell County and the Comptroller-General of Georgia. Bond of receiver.

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Section 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be and same hereby are repealed. Approved February 12, 1937. MONROE SHERIFF'S BOND REDUCED. No. 370. An Act to amend an Act approved February 22, 1873, as amended by an Act of the General Assembly of Georgia approved July 27, 1923 (Acts 1923, page 288), fixing the bond of the sheriff of Monroe County; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That an Act approved February 22, 1873, as amended by an Act of the General Assembly of Georgia approved July 27, 1923 (Acts 1923, page 288), fixing the bond of the sheriff of Monroe County, be and the same is hereby amended by striking from Section 2 of said Act approved July 27, 1923, the word five, and inserting in lieu thereof the word three. Section 2. Be it further enacted, That Section 2 of the said Act approved July 27, 1923, amending Section 3 of the Act approved February 22, 1873, when so amended shall read as follows: That the bond of the sheriff of Monroe County shall be three thousand dollars. $3000 bond. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 29, 1937.

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MONTGOMERY BOARD OF COMMISSIONERS. No. 122. An Act to create a Board of Commissioners of Roads and Revenues for the County of Montgomery, to be composed of three members; to provide for their qualifications; to provide for their election of one commissioner from each road district; to fix the term of office, powers, and compensations; to provide for filling vacancies; to provide for a clerk of said board when the office of county executive becomes vacant; and to provide for an attorney for said board and 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 for the purpose of this Act the word board shall mean the Board of Commissioners of Roads and Revenues of the County of Montgomery. Section 2. Be it further enacted by the authority aforesaid, That there shall be a Board of Commissioners of Roads and Revenues for the County of Montgomery consisting of three members. Said commissioners shall be a resident of said County of Montgomery at least two years next preceding the date of their election, and at the time of the election shall reside in the road district he is to represent and if he should move out of the district for which he is elected to represent, such person shall cease being a member of said board and a new one shall be appointed as provided for in this Act. Said commissioners shall be a freeholder of said County of Montgomery, and qualified to vote for the members of the General Assembly of the State of Georgia. Board created. Membership. Residence. Eligibility. Section 3. Be it further enacted by the authority aforesaid, That the members of the Board of Commissioners of Roads and Revenues of said County of Montgomery shall

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be elected by the people (qualified voters) of their respective road district, for a term of two years. The districts are to be divided as follows, to wit: District No. 1 to be composed of Mount Vernon, Ailey and Higgston Militia Districts; District No. 2 to be composed of Uvalda and Alston Militia Districts; District No. 3 to be composed of Tarrytown and Kibbee Tiger MIlitia Districts. Election of members. Section 4. Be it further enacted by the authority aforesaid, That the present members of the said board shall serve their respective districts until first Tuesday after the special election which election will be June 8, 1937. And the newly elected members take office first Tuesday thereafter, and the members of board shall be elected every two years at State Primary and take office first Tuesday following this election. Times of elections. Section 5. Be it further enacted by the authority aforesaid, That 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. Section 6. Be it further enacted by the authority aforesaid, That the Board of Commissioners of Roads and Revenues hereby created, shall have the exclusive jurisdiction over and control of all county matters, such as public roads, county finances, levying and collections of taxes for county purposes, the management, control over and disbursing of all county funds, the election, repair and maintenance of public buildings in said county. Jurisdiction. Section 7. Be it further enacted by the authority aforesaid that said Board of Commissioners shall meet at the courthouse of Montgomery County on the first Tuesday in each month for the transaction of public business, and may convene from day to day until their business is finished; and the said Board of Commissioners shall at its first meeting following their election by the people, elect one of its

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members as chairman of the Board of Commissioners, they shall also elect one of its members as vice-chairman of the said board. Meetings. Section 8. Be it further enacted by the authority aforesaid, That an extra session of the Board of Commissioners may be called by the chairman or by any two members of the said board when in the judgment of the board the interest of the county demands it. Extra session. Section 9. Be it further enacted by the authority aforesaid, That each commissioner serving under this Act, shall receive the sum of four ($4.00) dollars per day for each day the said board is in session, and for other services rendered by any members or member such compensation as are reasonable, to be determined by said Board of Commissioners. Pay per diem. Section 10. Be it further enacted by the authority aforesaid, That the members of the said Board of Commissioners provided for under this Act shall always before entering upon the discharge of the duties of their office, take and subscribe to the following oath, which is to be recorded in the book of minutes kept by said Board of Commissioners, to wit: I do solemnly swear that I will faithfully discharge the duties of Road 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 fear, favor or affection. Official oath. Section 11. Be it further enacted by the authority aforesaid, That in case of vacancy upon said Board of Commissioners, the ordinary of Montgomery County shall appoint someone from the road district where the vacancy occurred to fill out the unexpired term. The successor shall be elected at the next State primary which is the date of electing members of said board. Appointment on vacancy.

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Section 12. Be it further enacted by the authority aforesaid, That the county executive, now serving the said county shall not be affected by this Act, and shall serve in his present capacity until the end of the term for which he was elected has expired or until this office, becomes vacant from any other reason, at which time the said office of county executive is hereby abolished and all sections in Act to create Board of Commissioners of Montgomery County, approved March 12, 1935, relating to county executive is hereby repealed. That when the office of county executive becomes vacant the Board of Commissioners under this Act shall have the power to elect a clerk or secretary (which said clerk or secretary may be a member of said board if said board sees fit to employ one of its members as such), and whose duties shall be such as are prescribed by said Board of Commissioners and who shall receive such salary as may be fixed by said Board of Commissioners, but in no event shall said Board of Commissioners have the authority to pay said clerk or secretary more than $1,800.00 per year. Tenure of present executive. Repeal of Act of 1935. Clerk and secretary. Salary. Section 13. Be it further enacted by the authority aforesaid, That said Board of Commissioners is hereby given authority to employ and retain a competent attorney at law, who shall be a resident of Montgomery County, and whose compensation shall not exceed one hundred and fifty ($150.00) dollars per annum, to be paid in equal monthly installments out of the county treasury of said County of Montgomery, to advise said board in all matters that may come before said board and to draw such county orders, contracts, etc., as are necessary. That should any special litigation arise or any special matter shall arise that it is necessary or said attorney is required to go out of said county at the instance of said Board of Commissioners he shall receive such compensation as is reasonable to be determined by said board. County Attorney's compensation.

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Section 14. Be it further enacted by the authority aforesaid, That the Board of Commissioners shall keep full and correct minutes of all its official acts, and doings in a minute book kept for such purposes, a book for receipts and disbursements, a general ledger, a book containing a complete list of all 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. Books of minutes and records. Section 15. Be it further enacted by the authority aforesaid, That the said board shall work out an equitable plan for working of the county roads and such work rotate over the road districts of the county and that such plans be furnished to the county warden. County roads. Section 16. Be it further enacted by the authority aforesaid, That all warrants drawn on the Treasury of Montgomery County must be drawn by the county executive or the clerk after the office of county executive is abolished, 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 warrant or order 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 of Commissioners. Warrants on treasury. Section 17. Be it further enacted by the authority aforesaid, That before entering upon the discharge of the duties of said offices, said commissioners shall give a solvent bond in a solvent surety or guaranty company, authorized to execute bonds under the laws of Georgia, to be approved

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by the ordinary of Montgomery County and shall be made payable to the ordinary of the said county and his successors in office, in the sum of $2,000.00 each, conditioned upon the faithful performance of their duties as commissioners and the bonding fee shall be a legal charge against the county. Bonds of commissioners. Section 18. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall be required to publish quarterly reports of all receipts of money or other things coming into their hands for the use and benefit of said county, as well as all expenditures and disbursements made by them, and such reports shall not be mere ledger balances, but shall be plain statements of what money or other thing of value has been received and from what sources, and how expended or disbursed, and shall be so expressed that any person of average experience and intelligence can understand what is meant thereby and what has been done with the county's money or other thing of value; and at the same time said Board of Commissioners shall publish a full and complete statement of how much money the county owes, if any, and to whom the same is due. Said Board of Commissioners are hereby directed and commanded to publish said statements in the county paper in which sheriff's advertisements for said county are published, and they are authorized and empowered to pay therefor out of any funds in the county treasury a reasonable compensation for such publication, which, in no event, shall exceed the sum allowed for legal advertisements. Publication of quarterly reports. Section 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 is hereby repealed. Approved March 8, 1937.

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MUSCOGEE PRIMARY ELECTION ACT REPEALED. No. 183. An Act repealing an Act, approved August 4, 1917, entitled An Act to require all political parties in Muscogee County, Georgia, to nominate their candidate for county offices by primary elections; to fix as date for general county primary elections, in said county, same date as may be fixed for general State primary elections, and to provide for the same managers, clerks, officials, ballots and registration lists; to provide for fixing of dates of special county primary elections, in said county, and publication of notice thereof, and for registration lists therefor; to declare unlawful and invalid any nomination made other than in the manner prescribed by this Act; to define what is a political party within the meaning of this Act; 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 the Act of the General Assembly of Georgia, approved August 4, 1917, entitled An Act to require all political parties in Muscogee County, Georgia, to nominate their candidates for county offices by primary elections; to fix as date for general county primary elections, in said county, same date as may be fixed for general State primary elections, and to provide for the same managers, clerks, officials, ballots and registration lists; to provide for fixing of dates of special county primary elections, in said county, and publication of notice thereof, and for registration lists therefor; to declare unlawful and invalid any nomination made other than in the manner prescribed by this Act; to define what is a political party within the meaning of this Act; and for other purposes, be and it is hereby repealed. Act of 1917 repealed.

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Section 2. That all laws or parts of laws in conflict herewith be and they are hereby repealed. Approved March 16, 1937. MUSCOGEE SHERIFFS BONDAMOUNT. No. 120. An Act to fix the amount of the bond of the sheriff of Muscogee County at $3,000.00, to provide for increasing the same by the judge of the Superior Court of Muscogee 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 shefiff of Muscogee County, shall be $3,000.00. $3000 bond. Section 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 any amount not to exceed $10,000.00. May be increased. Section 3. Be it further enacted by the authority aforesaid, That all laws, and parts of laws, in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. NEWTON TREASURER'S SALARY AND BOND No. 448. An Act to amend the Act approved August 18, 1919, as published in Georgia Laws of 1919, pages 709-710, relating to the salary of the treasurer of Newton County, so as to provide that the salary of such treasurer shall be

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$480.00 per year instead of $800.00 per year; 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 the Act approved August 18, 1919, as published in Georgia Laws of 1919, pages 709-710, be and the same is hereby repealed in its entirety, and in lieu of said repealed section it is hereby provided: Act of 1919 amended. That from and after the passage and approval of this Act unless a vacancy occurs by death or otherwise, the treasurer of the County of Newton of said State shall be paid a salary of four hundred and eighty ($480.00) dollars per annum for his services as such treasurer, and he shall not receive any fees, commissions, or other prerequisites from said office, except the Commissioner of Roads and Revenues of said county shall, and is hereby authorized, to pay the premiums on the bond required by law to be given by said treasurer out of the general county funds, which together with the salary above provided, shall be in full for all services rendered by him as such treasurer. Salary. Bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. PEACH SHERIFF'S BOND REDUCED. No. 481. An Act to reduce the bond of the sheriff of Peach County, Georgia, from the amount of $10,000.00 to $3.500.00; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the sheriff of Peach County, Georgia, shall be

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required to give bond in the sum of $3,500.00, 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 $3,500.00. $3500 bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That this law is to become effective immediately upon its passage and approval by the Governor of Georgia. Effective date. Section 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 30, 1937. PIERCE COMMISSIONERSACT REPEALED. No. 330. An Act to repeal the Act creating the office of Commissioner of Roads and Revenues of the County of Pierce, providing for his election and recall; prescribing his term of office, duties and compensation, and providing for the supervision of his acts and the auditing of his books, being the Act approved July 28, 1921, published in Georgia Laws 1921, pages 541-554; to repeal all Acts amendatory to said Act, including the Act approved July 22, 1925 (Georgia Laws 1925, pages 733-734) relating to the approval of contracts entered into by the Commissioner of Roads and Revenues by the advisory board and relating also to the residence of the Commissioner of Roads and Revenues and the compensation to be paid for clerk hire and mileage; to repeal also the Act approved August 20, 1925 (Georgia Laws 1925, page 735) relating to the allowance for mileage for the Commissioner

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of Roads and Revenues; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved July 28, 1921 (Georgia Laws 1921, pages 541-554) creating the office of Commissioner of Roads and Revenues of the County of Pierce, providing for his election and recall, prescribing his term of office, duties, compensation and supervision of his acts and the auditing of his books, together with all Acts amendatory thereof, including the Act approved July 22, 1925 (Georgia Laws 1925, pages 733-734) requiring the approval by the advisory board of contracts made by the Commissioner of Roads and Revenues, and requiring the residence of the Commissioner of Roads and Revenues to be at Blackshear, and providing for clerk hire and for mileage; and the Act approved August 20, 1925 (Georgia Laws 1925, page 735) relating to the mileage allowance for the Commissioner of Roads and Revenues, be and the same are hereby repealed in their entirety. Acts of 1921 and 1925 repealed. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1937. PIERCE COMMISSIONERSBOARD CREATED. No. 331. An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce; to appoint the members of said board and provide for the election of their successors and the manner of filling vacancies; to prescribe the term of office, powers, duties and compensation of said board; to provide for the appointment of a clerk of said board; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a Board of Commissioners of Roads and Revenues for the County of Pierce, said board to consist of three members, whose duty it shall be to administer the county affairs of Pierce County, Georgia, as hereinafter provided. Creation of board. Section 2. L. J. Cason is hereby appointed, constituted, and named as a member of the Board of Commissioners of Roads and Revenues of Pierce County, and his term of office shall expire January 1, 1939. He shall hold office until his successor is elected and duly qualified. L. J. Cason is hereby constituted chairman of the Board of Commissioners of Roads and Revenues for the County of Pierce for and during a term expiring January 1, 1939. Thomas E. Oden and Roma Thomas are hereby appointed and made members of the said board and shall hold office until their successors are elected and duly qualified. Within thirty days from and after the passage and approval of this Act, it shall be the duty of the ordinary of Pierce County to call a special election, which said special election shall be held within sixty days after the approval of this Act. At said special election two members of the Board of Commissioners of Roads and Revenues for Pierce County shall be elected for terms of office concurrent with that of L. J. Cason, to wit: until January 1, 1939. Members of the Board of Commissioners shall be elected thereafter at the regular general election for county officers to be held in said county in 1938 for four-year terms to begin January 1, 1939. Chairman named. Members appointed. Election of members. Section 3. Any vacancy on the board shall be filled at a special election called by the ordinary of said county and held within thirty days after such vacancy occurs. All laws, rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. The member elected to fill any vacancy shall serve

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only for the unexpired term of the commissioner whose office has become vacant. Vacancies. Section 4. No person shall be eligible to hold office as a commissioner who is not a registered qualified voter of the county, and only such persons as are registered and qualified to vote for members of the General Assembly shall be allowed to participate in any election for county commissioners. Eligibility. Section 5. The commissioner named as chairman of the board shall, before entering upon the discharge of the duties of his office, give bond with a surety company licensed to do business in this State, approved by the ordinary of said county, in the sum of $10,000.00, payable to the ordinary of the county and his successors in office, and conditioned for the faithful discharge by said chairman of his duties and the carrying out of the conditions thereof. Bond of chairman. Each of the other two commissioners shall, before entering upon the discharge of the duties of their offices, give bond with a surety company licensed to do business in this State, approved by the ordinary of said county, in the sum of $5,000.00, payable to the ordinary of Pierce County and his successors in office, and conditioned upon the faithful discharge of the duties of the county commissioners. The premiums for the said surety bonds required in this section shall be paid by the County of Pierce out of the county treasury. Bonds of other commissioners. Section 6. Each of said commissioners shall, before entering upon the discharge of the duties of his office, make and subscribe to an oath before the ordinary of the 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 county. Official oath. Section 7. The compensation of the chairman of said board shall be $2,400.00 per year, payable monthly, and

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he shall be allowed mileage at the rate of five cents per mile for each mile traveled in going from place to place in the county to discharge the duties imposed upon him by this Act. Such mileage shall be paid only upon the itemized voucher of the chairman duly approved in writing by the other two members of the board. The chairman of the commission shall file such itemized vouchers for mileage and for compensation on the first day of each month, and the same shall be recorded on the minute book in his office. Salary of chairman. Mileage. Section 8. The members of the board, other than the chairman, shall receive as their full compensation the sum of $6.00 per diem for each day engaged upon the duties of their office as County Commissioners of Pierce County, and five cents per mile for each mile traveled in going from place to place in the county to discharge the duties of their office. Such mileage charges shall be paid only upon the itemized vouchers of the members, duly approved in writing by the chairman of the board and the other members thereof. Each member of the board shall file such itemized vouchers for mileage, and for per diem compensation, on the first day of each month, and the same shall be recorded in the minute book of the county commissioners. Pay of members per diem. Section 9. The board is hereby authorized and empowered to appoint a clerk for said board, who shall serve at the pleasure of the board. They shall have the further authority to fix the salary of said clerk at not more than $75.00 per month. It shall be the duty of said clerk to keep a proper and accurate book of said minutes, wherein shall appear all orders, resolutions and proceedings had and passed with reference to county matters. He shall also keep a full and accurate book of county vouchers, wherein shall appear in itemized detail all orders and warrants drawn by the board on the county treasurer or depository, showing for what purpose and on what fund such orders or warrants were drawn. He shall also in a well-bound book

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keep an inventory of all county property of whatever nature, listing the valuation of each item of property so recorded, 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 the board may require, all of which shall be open to public inspection during office hours by any citizen or taxpayer of the county. Clerk's duties and salary. Section 10. The board shall hold regular meetings on the first Tuesday in each month, and at such other times as said board may fix, for the transaction of the business of the county. Two members of said board shall constitute a quorum for the transaction of business, and the vote of each commissioner shall have equal weight and dignity as that of the chairman, or any other member. A majority of the board present at a meeting must concur in order to pass any order or resolution or let any contract, or grant or allow any claim against the county, and their acts on all such matters must be duly entered on the minutes of the board in order to be valid. At the expiration of the term of L. J. Cason, as chairman of the said board, a new chairman shall be elected at the general election in 1938, to take office January 1, 1939. At said election, and thereafter at all subsequent elections, the candidates shall signify or designate whether they are candidates for office of the chairman or candidates for a place on the commission as board members. The candidate who has signified his intention to become a candidate for office of chairman of the county commissioners receiving the highest number of votes shall be elected chairman of the said Board of Commissioners. The two candidates for board members receiving the highest number of votes shall be elected members of the Board of Commissioners of Roads and Revenues of Pierce County. Meetings. Concurrence. Election of chairman. Candidates. Section 11. The Board of Roads and Revenues shall have and they are hereby vested with exclusive jurisdiction and control over the following matters, to wit: In directing,

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controlling and caring for all property of the county, according to law; in levying taxes for county purposes, according to law, in establishing, altering or abolishing public roads, private ways, bridges and ferries in conformity to law; in establishing, abolishing or changing election precincts and Militia Districts, according to law; in supervising the tax collector's and tax receiver's books and in allowing the insolvent list for said county, according to law; in examining, settling and allowing all claims against the county; in examining and auditing all claims and accounts of officers having the care, management, keeping, collection or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement, and especially are they charged with frequently examining and auditing the books of the county treasurer or county depository, the tax collector, the tax receiver, the sheriff, the superintendent of public schools, and other officers of said county, through whose hands county funds may pass, and this may be done by any member of the board or through accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said commissioner fully informed at all times of the financial condition of the county; in controlling, calling for and managing the convicts of the county, according to law; in making rules, regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county, with authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as authorized by law; in providing for the levy and collection of the commutation road taxes, fixing the amount to be paid in money or the number of days' work to be performed in lieu thereof; in trying all road defaulters, in accordance with the law, and generally to have and exercise all powers heretofore vested in the ordinary of said county when sitting for county purposes and to exercise such other powers

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as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers of the county whose election or appointment is not otherwise provided by law, such as superintendent and guards of convicts in the chaingang, janitor of the courthouse, county physician and health officer, tax assessors, county policemen, and other officers and guards as needed and authorized by law. All appointees of the board shall be subject to suspension or dismissal at any time, and no appointee so suspended or dismissed shall be entitled to any salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Jurisdiction. Section 12. The board shall have authority to employ a competent attorney at law as county attorney to advise them and represent the county in any litigation which may arise in which said county is a party. Said attorney may be retained only in an advisory capacity, and in the event of litigation, the board may make such agreement with said attorney, or any other attorney, for legal representation, as they may deem advisable. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney. County attorney. Section 13. The person designated and appointed as chairman of the board shall devote his entire time to the discharge of his duties as executive member of the board and shall not engage in any other business enterprise or accept any other responsibility which will interfere with the discharge of his duties. He shall select one regular day of each week in which he shall remain in his office at the courthouse of said county for the transaction of public business in connection with his office, and the remainder of the 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

Page 1404

measure and delivery of supplies to the convict camp, the direction and management of said camp in the most economical manner, and generally to the affairs of the county over which the board has jurisdiction and control. Chairman's duties. Section 14. The chairman of the board shall, at the end of each quarter, with the aid and assistance of the clerk of the board, make up a condensed statement showing all amounts collected and expended on behalf of the county during that quarter, the balance on hand at the beginning of the quarter and at the end of the quarter, and shall verify said statement by an affidavit that the statement is a full and true statement of the monetary transactions of the Board of Roads and Revenues for the preceding quarter, said statement shall be published either in the official organ of the county, or by posting upon the bulletin board in the rotunda of the courthouse. Publication of quarterly statements. Section 15. It shall be unlawful for the Board of Commissioners, or any member thereof, or the chairman, to have any financial interest in the sale or purchase of any articles to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment or supplies for the county, or the awarding of any contract for said county, and if any commissioner shall violate any provision of this section he shall be guilty of a misdemeanor, and upon conviction shall be punished for such in the manner prescribed by law, and he shall immediately forfeit his office, and such conviction shall create a vacancy in said office, which said vacancy shall be filled as provided in Section 3 of this Act. The chairman of the County Commissioners is hereby given authority, in the event of an emergency, to purchase supplies for the county in an amount not to exceed $500.00. Financial interest unlawful. Penalty. Emergency purchases. Section 16. No material for public building, bridges or roads shall be purchased by said board, for the county,

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except upon written specifications as to quality, and all such material must be suitable for the purpose intended and of good quality and generally recognized as standard for the purpose to be used. Metal culverts shall be bought according to size and gauge and such as recognized by the State Highway Department and the United States road building authorities as standard for road purposes. All laws of Georgia as to competitive bidding for all such material shall be strictly observed. Purchases of materials. Section 17. The Board of Commissioners of Roads and Revenues of Pierce County is hereby given authority to employ in its discretion an auditor to audit all books, accounts, vouchers, warrants, and other records of the board. Audit of books. Section 18. Should any section, provision, clause, or any other part of this Act be held unconstitutional and invalid, it shall not affect or destroy the validity or constitutionality of any other section, provision, clause or part of this Act which is in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, clause or part so held to be invalid. Constitutionality. Section 19. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1937. PIKE SHERIFF'S BOND REDUCED. No. 25. An Act to reduce the bond of the sheriff of Pike 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

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same, that the sheriff of Pike 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 24-2805, Chapter 24-28, Georgia Code 1933; 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. $3000 bond. Section 2. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that this law is to become effective immediately upon its passage and approval of the Governor of Georgia. Effective date. Section 3. Be it further enacted, and it is hereby enacted by the General Assembly of Georgia, that all laws and parts of laws in conflict with this Act is hereby repealed. Approved February 10, 1937. PULASKI ORDINARY'S BOND AND PAY. No. 102. An Act to amend an Act to abolish the office of treasurer of Pulaski County, Georgia; to provide that the ordinary of said county shall perform the duties of county treasurer; to provide compensation for service of the ordinary; to be found on page 646 of Georgia Laws of 1927, by increasing the compensation of said ordinary from five hundred dollars to nine hundred dollars per annum; and to amend an Act approved March 20, 1935, to be found on page 776, Georgia Laws 1935, amending an Act to be found on page 646, Georgia Laws 1927, by increasing the amount of said treasurer's bond from fifteen thousand dollars to twenty-five 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 Section 1 of an Act of the General Assembly of Georgia,

Page 1407

to be found on page 776 of Georgia Laws 1935, be and the same is hereby amended in the following particular, to wit: by striking from said Act the words fifteen thousand dollars, and substituting in lieu thereof the words: twenty-five thousand dollars, so that said Section 1 when amended shall read as follows, to wit: Act of 1935 amended. Section 1. 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 or surety companies; Provided, that the amount of said bond shall not be less than twenty-five thousand dollars. The cost of making said bond shall be paid out of the funds of said county on warrant of the Commissioner of Roads and Revenues. Bond of ordinary. $25,000. Section 2. Be it further enacted by the authority aforesaid, that Section 4 of an Act to be found on page 646, Georgia Laws of 1927, be and the same is hereby amended by striking therefrom the words five hundred dollars, and substituting in lieu thereof the words nine hundred dollars, so that Section 4 of said Act, when amended, shall read as follows, to wit: Section 4. Be it further enacted, that the ordinary of said county shall receive, as compensation for the services required of him under this Act, the sum of nine hundred dollars per annum, payable in monthly installments by warrants of the Commissioner of Roads and Revenues. Increase of pay. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 5, 1937.

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RICHMOND BOARD OF EDUCATIONPAY. No. 257. An Act to amend an Act entitled: An Act to amend an Act to regulate public instruction in the County of Richmond, approved August 23, 1872, so as to reduce the number of members of the county board of education so that it will consist of two representatives from each ward in the City of Augusta and one representative from each Militia District located wholly or in part without the limits of the City of Augusta; to prescribe the qualifications and terms of office of the members of said board of education, and the time and manner of their election; to put the control of the expenditures of all funds of the said board into the board as a whole; to provide for the method of determining the length of school terms in rural schools; to terminate the tenure of office of certain of the present members of the board of education on the second Saturday of January, 1930; to prescribe the powers and duties of said board, and for other purposes, approved July 22, 1929, so as to refix the salary of the president of said board and to fix the salary of the vice-president of said board, and so as to refix the per diem of each member of said board exclusive of the president and vice-president thereof and to limit the amount each of such members of said board shall receive annually as a member of said board, and in so doing to strike from said amendatory Act Section 7 thereof and insert in lieu thereof another Section 7; and for other purposes. Section 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 whose caption is set forth in the caption hereof be and the same is hereby amended as follows, to wit: (a) By striking from said Act approved July 22, 1929 (Acts 1929, pages 703-708) Section 7 thereof; and (b) By inserting in lieu thereof the following,

Page 1409

to wit: Section 7. Be it further enacted by the authority aforesaid, that the said Act be further amended by omitting Section 11 and inserting in lieu thereof the following, to wit: Act of 1929 amended. Section 11. Be it further enacted that each member of the board shall be paid the sum of ten ($10.00) dollars for each meeting of the board that he attends; Provided that no member shall be paid more than $120.00 in any one year. The president of the board shall be paid $600.00 a year in lieu of the per diem allowed each member, and the vice-president shall be paid $300.00 a year in lieu of the per diem allowed each member. Pay of members. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed; and this Act shall apply to the year of 1937 as well as all subsequent years. When applied. Approved March 23, 1937. RICHMOND BOARD OF EDUCATION REGULATIONS OF TEACHERS. No. 155. An Act to provide a teacher tenure for the Richmond County public-school system; to provide for those eligible for teaching therein; to provide for rules of probation; to provide terms of employment; to provide for assignment of work; to provide for rules and regulations of the board of education; to provide for rules and regulations of said teachers by the board of education, with the right to employ and change same by said board; and for other purposes. Section 1. Those eligible for election, and method of their employment. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the

Page 1410

same, that all principals and teachers who are eligible for election under the rules and regulations of the board of education, shall be employed under the provisions of this plan when elected to teach in the public schools of Richmond County. Eligibility. Section 2. Periods of probation. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That (a) all new principals and teachers shall be elected for a year at a time during a probationary period of three years. At the expiration of this probationary period, a principal or teacher who is re-elected for the fourth consecutive year shall be permanently elected, subject to all provisions herein prescribed. Probation of three years. (b) Principals and teachers who are now employed by the board of education and who have been employed less than five years, shall be elected from year to year for a probationary period not to exceed three years, but which may be less at the discretion of the board. At the end of the probationary period a principal or teacher who is re-elected to another consecutive year shall be permanently elected, subject to all other provisions herein prescribed. Elections yearly. (c) Principals and teachers who are now employed by the board of education, and who have been employed for five years or more, shall upon their re-election following the adoption of this plan, be permanently elected, with the following exception: The board of education, for just and sufficient reason, or reasons, to be determined by the board, may elect any of this group to a probationary period, as prescribed in paragraph two, subhead b above. If re-elected at the end of such probationary period, such principals and teachers shall be considered permanently elected. All principals and teachers referred to in this paragraph are subject to all other provisions herein prescribed. Elections permanent. Exception. (d) The board of education shall, at its discretion and for just and sufficient reason, or reasons, to be determined

Page 1411

by the board of education, have the right to oust any principal or teacher on probation at any time, when such a principal or teacher is failing to meet the requirements or standards herein prescribed. Ouster. Section 3. Permanency of employment. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that all principals and teachers, when elected as prescribed in Paragraph 2, or Section 2, subheads a, b, and c of said section, shall hold their positions under this plan of employment as long as (a) their health is good; (b) their professional standing and efficiency are maintained; (c) their conduct does not reflect discredit upon the teaching profession; (d) they comply with the rules and regulations of the board of education. Tenure of employment. The board of education shall be the judge of any deficiency in the requirements prescribed above. However, whenever a principal or teacher is charged with such a deficiency, this principal or teacher shall have the right to defend himself before the board of education before the decision of the board is considered final. Deficiency. The board shall have the absolute and unconditional right to suspend any teacher charged with any deficiency under subsections a, b, c and d of Section 3, from the time such charge is brought until a final determination of the matter, and the teacher shall have no right to compensation during said period of suspension whether finally found guilty or not, unless such compensation is voted to such teacher by the board. Suspension. Section 4. Assignment of work. The board of education shall have the right to assign principals and teachers to such positions as, in its judgment, are best for the school system. The said board shall also have the right to abolish any existing position at any time as, in its judgment, is best

Page 1412

for the school system. From the decision of the board under this section there shall be no appeal, and such decision shall be final. Positions. Section 5. Rules and regulations of the board of education. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the board of education shall have the right at any time to change or amend its rules and regulations, as it may deem wise for the good of the system, provided such changes do not conflict with the method and permanency of employment of principals and teachers, as has been herein prescribed. Changes in rules. Section 6. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that in order to maintain professional standing every principal and teacher working under this plan, shall comply with one of the following requirements: Professional standing requirements. (a) Earning three or more hours of college credit shall validate professional standing for three years. (b) Writing a book and getting it published shall validate professional standing for three years, said book to meet the approval of the superintendent of schools. (c) Having one or more articles, of approved value, published in a standard educational, scientific, or literary magazine, shall validate professional standing for one year. (d) Making original plans, devices, or methods of teaching that will be valuable to the school work of this county, shall validate professional standing for one year if approved by the superintendent of schools. (e) Doing public service work, including parent-teacher work of such nature as to bring benefit to the schools of this county, shall validate professional standing for one year, if approved by the superintendent of schools.

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(f) Traveling on an approved plan, which has educational value, shall validate professional standing for one or more years when approved by the superintendent of schools. (g) The reading of three or more educational books, and one or more professional magazines, approved by the superintendent of schools, shall validate the professional standing for one year. (h) The board of education, with the superintendent of schools, may decide what other things shall be counted towards maintaining professional standing in cases not clearly provided for in this list of requirements. Section 7. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that whenever the masculine pronoun is used herein, it is understood and agreed to refer to both sexes. Whenever the singular number is used, it is understood that the same shall include the plural. Words herein. All rules and regulations of the board of education are null and void when they conflict with the provisions of this plan. Void rules. Section 8. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 12, 1937. SCHLEY COMMISSIONERS' CLERK'S PAY. No. 139. An Act, approved December 13, 1871, creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, as amended by an Act approved March 2, 1875, and as further amended by an Act approved March 23, 1933,

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so as to provide for compensation for the clerk of the Board of Commissioners of Schley County, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that Section 1 of the amended Act referred to which was approved March 23, 1933, as shown in Georgia Laws 1933, page 655, be and the same is hereby amended by striking said section at the bottom thereof, following the words, $100.00 per annum, and inserting in lieu thereof, the following: The board is further authorized to employ a clerk and to pay such salary as may be commensurate with the work required of the clerk. The clerk may be a member of the board and if so, the salary will be in addition to the salary received as a member of the board. so that such section, when 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 same, that, effective during the entire year of 1937 and thereafter, the Board of Commissioners of Schley County, Georgia, shall be authorized and empowered to provide, at any regular or call meeting for such purposes, compensation to be paid to each member of said board not to exceed one hundred ($100.00) dollars per annum; and, the board is further authorized to employ a clerk and to pay such salary as may be commensurate with the work required of the clerk. The clerk may be a member of the board and if so, the salary will be in addition to the salary received as a member of the board. Pay of members and clerk. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1937.

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STEPHENS COMMISSIONERSACT REPEALED. No. 207. An Act to repeal an Act to create a Board of Commissioners of Roads and Revenues, in the County of Stephens and to define their powers and duties, and for other purposes, as shown by Georgia laws 1918, pages 492 and 498, approved August 19, 1918, and an Act amending same, approved August 5, 1929, Acts 1929, pages 710 and 720, and An Act amending same approved March 28, 1935, Acts 1935, pages 799 to 802, inclusive. Section 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 Stephens, and for other purposes, as shown by Georgia Laws 1918, pages 492 to 498, approved August 19, 1918, and An Act amending same approved August 5, 1929, Acts 1929, pages 719 to 720, and An Act amending same approved March 28, 1935, Acts 1935, pages 799 to 802, inclusive, be, and the same are, hereby, repealed. Acts repealed. Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be, and they are, hereby repealed. Approved March 18, 1937. STEPHENS BOARD OF COMMISSIONERS CREATED. No. 236. An Act to create a Board of Commissioners of Roads and Revenues in the County of Stephens; to provide manner of their election; to define their duties and powers; fix

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their salaries and term of office; to provide for filling vacancies; 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 Stephens is hereby created. Said board shall consist of three persons, who shall be freeholders and qualified voters of said county. Board of three. 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. Election. Section 3. It is hereby provided that all county commissioners holding office at the time of the approval of this Act shall continue to hold said office and function until expiration thereof, or until their successors are elected and qualified; that W. J. Rothell is hereby made, constituted and appointed commissioner until January 1, 1939; that W. N. Friar is hereby made, constituted and appointed commissioner until January 1, 1940; that W. H. Swaim is hereby made, constituted and appointed commissioner until January 1, 1938; that the Governor shall commission the above named commissioners for their respective terms of office. Provided, however, that nothing in this section or in this Act shall be construed to affect the rights of any parties now in litigation as respecting the office of county commissioner. Holding officers. Names. Section 4. That under the terms of this Act one commissioner shall be elected each year for a term of three years, and their term of office shall begin with January 1st. The first election under the terms of this Act shall be held on the first Wednesday in August, 1937, at which time the ordinary of said county shall call an election to be held by managers designated by him and at said election the ballots shall contain the names of all candidates for said office. The ordinary shall publish a notice of the calling

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of said election in the official organ of said county once a week for four weeks prior to the date of election. Said election shall be conducted under the laws and regulations as now required by law for holding general elections, and the managers shall report the results thereof to the ordinary. All persons qualified to vote in the general election prior to the election for county commissioner shall be eligible to vote in said elections to be held on the first Wednesday in August of each year. The ordinary shall declare the name of the person receiving the highest number of votes to be the duly elected commissioner, and certify his name to the Governor, who shall commission him to serve as a county commissioner. Election and terms of office. Notice. Voters. Certification and commission. Section 5. Commissioners elected must qualify within thirty days after their election by making bond in some solvent surety company doing business in the county, for the faithful performance of his duties, in the sum of five thousand ($5,000.00) dollars, payable to the ordinary and his successors in office, and approved by said ordinary, and said bond, together with the following oath shall be recorded by the ordinary and remain in his custody: I....., do solemnly swear that I will faithfully discharge the duties of Commissioner of Roads and Revenues for the County of Stephens, and that I will so act as in my judgment will be most conducive to the welfare and prosperity of said county, so help me God. Bond. Oath. Section 6. Said board of commissioners shall hold a regular meeting in each month on the first Tuesday thereof. Annually on the first Tuesday in January, said board shall meet and organize by the election of one of their number as chairman, and a clerk. The chairman may call said board together for a call meeting whenever he deems it necessary, or any member of said board may request the chairman to call a meeting. Meetings of board.

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Section 7. Should a vacancy occur by reason of the death, resignation, removal from the county of said commissioners, 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 at a special election which 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 commissioner election herein provided for, and the result shall be declared by the ordinary. The commissioner so elected at any special election shall hold office for the unexpired term. Vacancy in office. Section 8. The compensation of each member of the board of commissioners shall be $20.00 per month, payable monthly. Pay of members. Section 9. 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: Jurisdiction. 1. In governing and controlling all county property, letting, hiring and 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.

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6. In establishing, altering, abolishing, or opening roads, bridges, and ferries in accordance with law. 7. In the appointment of a road superintendent 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. 9. Said board shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct, who shall be paid such salary or compensation as the board of commissioners may direct out of the regular funds of the county, with authority of said board to fix his term of office or to discharge him at any time. Whenever it is deemed necessary, said board may employ additional counsel to assist the county attorney, who shall be paid such compensation as the board may direct out of the regular funds of the county. Section 10. The compensation of the clerk of the board shall be fixed by the board. Clerk. Section 11. As of the close of business on June 30th of each year, the county commissioners shall have a complete audit made of the fiscal affairs of the county. Said audit shall show the source and amount of all receipts; the amount and payee of all disbursements; the amount and payee of all unpaid county warrants; and amount and payee of all other written obligations. Also, the amount

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and payee of all open accounts; a statement showing the bonded indebtedness of the county, and such financial report shall be verified by the chairman of the board of commissioners of roads and revenues or by the clerk of said board. A copy of such report of the county commissioners shall be furnished the ordinary for his files and a copy shall be exhibited to the grand jury meeting after such report is made. In the discretion of the county commissioners, all receipts and disbursements may be published in the newspaper in which sheriff's sales are advertised in said county, and the cost thereof paid from the county funds. Audit of fiscal affairs. Report to grand jury. Publication. Section 12. The clerk of the board shall give bond in the sum of five thousand dollars, payable to the board, in some solvent surety company doing business in the county, the same to be approved by the chairman of the board and conditioned for the faithful performance of his duties as such clerk. The board shall be responsible for any misappropriation of funds by the clerk, and on their failure to pay the sum so misappropriated, the ordinary of the county is authorized to institute suit against the members of said board for the recovery of such sum. Clerk's bond. Section 13. Said board shall have the authority, whenever they deem it advisable, or necessary, to sell any property belonging to said county, after due advertisement in the official newspaper of the county, at public outcry, to the highest bidder for cash before the courthouse door. Personal property belonging to the county may be sold after publishing notice of the sale in the official organ of the county for one week prior to such sale. Sales of county property. Section 14. The clerk of said board shall keep an accurate record of the meetings of said board, record the vote of each member of the board on all questions and shall keep an accurate account of all funds collected by him or turned over to him by any agent of the board or

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officer of the county. He shall collect at the office of the board all commutation tax paid by persons subject to road duty and not exempt from same, and shall keep a complete record of such collections, showing from whom and where collected and the district in which the taxpayer resides. He shall also keep an accurate record of all disbursements from funds in his hands, to whom, when, the amount paid and for what purpose. Clerk's duties. Section 15. All disbursements of funds of the county shall be by warrant drawn against the fund from which said debt shall be paid, and no other, and said warrant shall be signed by the chairman and clerk. No warrant shall be drawn until the claim or debt shall be approved, and all claims shall be itemized before paid. Warrants. Section 16. The chairman of said board shall preside at all meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by said board and shall at each regular meeting of said board submit a report of the condition of the county affairs and make to said board such recommendations as he may deem proper. Chairman's duties. Section 17. 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 roads or bridges designated by the contributor. Contributions. Section 18. 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

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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 person, to any office, or employment in said county. A violation of these provisions shall forfeit the right to hold the office of commissioner. Candidates. Promises forbidden. Section 19. Be it further enacted that if any portion of this Act shall for any reason be held illegal, that portion alone shall be affected, but the remaining portion of said Act shall not be affected thereby, and shall remain in full force and effect. Illegal portion. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 22, 1937. SUMTER PRIMARY ELECTION CANDIDATES. No. 182. An Act to require candidates in primary elections for members of the General Assembly in Sumter County to specify the particular incumbent which they desire to oppose or succeed; to require the preparation of ballots accordingly; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, any person seeking to qualify as a candidate in any primary for representative in the General Assembly from Sumter County shall specify the particular candidate or incumbent whom he desires to oppose or succeed. The candidate receiving a plurality of the votes cast for candidates for such office shall be declared the nominee therefor. Specification by candidates. Section 2. All ballots in such primary elections shall be prepared by listing the candidates to succeed each incumbent

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in separate brackets, and improper striking in one of said brackets shall not effect the validity of a ballot in the bracket or brackets properly marked. Ballots. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 16, 1937. TAYLOR SHERIFF'S BOND REDUCED. No. 321. An Act to reduce the official bond of the sheriff of Taylor County, Georgia, from $10,000.00 to $3,000.00 and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the bond of the sheriff of Taylor County, Georgia, shall be the sum of $3,000.00. $3,000 bond. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 24, 1937. TURNER SHERIFF'S BOND REDUCED. No. 75. An Act to reduce the official bond of the sheriff of Turner County, Georgia, from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:

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Section 1. That from and after the passage of this Act, the amount of the official bond of the sheriff of Turner County, Georgia, shall be and is hereby reduced from ten thousand ($10,000.00) dollars to five thousand ($5,000.00) dollars. $5,000 bond. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 1, 1937. TWIGGS TAX COMMISSIONER'S PAY. No. 55. An Act to amend an Act entitled an Act to abolish the offices of tax collector and tax receiver in and for the County of Twiggs, and to create in their stead a county tax commissioner for Twiggs County, which said Act was approved by the Governor, March 20, 1935 (Acts of 1935, pages 818, 819, 820, 821, 822), by striking from said Act Section 5, 6 and 7 thereof, and inserting and substituting in lieu thereof the following, to wit: That the compensation, commissions and fees allowed to the tax commissioner of said County of Twiggs from and after the passage of this Act, shall be the same compensation, fees and commissions allowed to tax collectors and tax receivers of said County of Twiggs under existing law, prior to the passage of said Act creating the office of county tax commissioner for Twiggs County. It being the object, spirit and purpose of this said amending Act, that the said county tax commissioner of Twiggs County, acting in the dual capacity of tax collector and tax receiver, and discharging the duties of both offices, shall be compensated in full for performing the said duties as formerly allowed the tax collector and tax receiver, and he shall as such commissioner be entitled to, draw and receive as compensation for his said services,

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all fees, compensation and commissions which the said tax collector and tax receiver, both, would draw and receive in the absence of said Act, and under existing general State law applicable to the same, and shall be subject and amenable to all rules, regulations and laws governing both of said offices which now pertain to or which may hereafter pertain to the offices of tax collector and tax receiver. 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 Sections 5, 6 and 7 of an Act approved March 20, 1935 (Acts of 1935, pages 818-19-20-21 and 22), entitled 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, be and the same are hereby stricken from said Act, and the following section is substituted in lieu of said stricken section, to wit: Act of 1935 amended. Section 2. Be it further enacted by the authority aforesaid, that the compensation, commission and fees allowed to the tax commissioner of the County of Twiggs, from and after the passage of this Act, shall be the same compensation, fees and commissions allowed to tax collectors and tax receivers of said County of Twiggs under existing law, prior to the passage of said Act creating the office of county tax commissioner of Twiggs County. It being the object, spirit, and purpose of this said amending Act, that the said county tax commissioner of Twiggs County, acting in the dual capacity of tax collector and tax receiver, and discharging the duties of both officers, shall be compensated in full for performing said duties as formerly allowed the tax collector and tax receiver, and he shall as such commissioner be entitled to, draw, and receive as compensation for his said services, all fees, compensation and commissions which the said tax collector and tax receiver, both, would draw and receive in the absence of said Act, and under existing

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general State law applicable to the same, and shall be subject and amenable to all rules, regulations and laws governing both of said offices which now pertain to, or which may hereafter pertain to the offices of tax collector and tax receiver. Compensation. Section 3. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1937. UNION TAX COMMISSIONERREFERENDUM. No. 69. An Act to consolidate the office of tax receiver and tax collector of Union County, Georgia; to create the office of tax commissioner of Union County, Georgia; to fix the term and compensation of said officer; to provide that the law of force as to tax receiver and tax collector, when the provisions of this Act shall become effective, shall be of full force and effect as to the tax commissioner of said county so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax executions thereafter issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions that would be paid to or collected by the tax receiver and tax collector, were it not for the provisions of this Act, shall be collected by the tax commissioner herein provided for, and paid into the designated depositories to the credit of Union County, Georgia; to provide for the election of said tax commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article 11, Section 3, Paragraph 1; to authorize the levy and

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collection of a tax to pay said commissioner; to provide referendum for same; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that on and after January 1, 1941, the offices of tax receiver and tax collector of Union County, Georgia, are hereby consolidated and the duties of the two offices aforesaid are hereby consolidated into one office. Offices abolished. Section 2. Be it further enacted by the authority aforesaid, that the office of county tax commissioner of Union County, Georgia, is hereby created in lieu of said consolidated offices, and the rights, duties, and liabilities of the said office of tax commissioner of Union County, Georgia, shall be the same as the rights, duties, and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Tax-commissioner. Duties, etc. Section 3. Said tax commissioner shall hold office for a term of four years, the first term beginning January 1, 1941, and ending December 31, 1944. Term of office. Section 4. Be it further enacted by the authority aforesaid, that said tax commissioner shall be elected at the general election held in the State of Georgia in the year 1940, and at the general election each four years thereafter, in the same manner, time, and place as clerks of the Superior Courts are elected. Election. Section 5. Be it further enacted by the authority aforesaid, that said tax commissioner shall be commissioned and qualified as the clerks of the Superior Courts are. Commission. Section 6. Be it further enacted by the authority aforesaid, that if a vacancy for any cause occurs in said office of tax commissioner it shall be filled in the following manner: Vacancy, how filled. (a) If such vacancy occurs within six months of the expiration of the existing term, the ordinary of Union County

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

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Section 9. Be it further enacted by the authority aforesaid, that the compensation of the county tax commissioner of Union County, Georgia, for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, shall be the sum of one thousand ($1,000.00) dollars annually, payable eighty-three dollars and thirty-three and one-third cents ($83.33 1/3) monthly, from the funds of said county, upon vouchers drawn as now provided for withdrawal of county funds. Salary of tax-commissioner. Section 10. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of said county shall furnish to the tax commissioner an office in the courthouse in said county, fuel for the same, and the necessary office equipment, stamps, and stationery for the use of such officer; and it shall be the duty of said officer to keep said office open every business day in the year, except on such days as he may be required to be absent therefrom in taking tax returns and in the collection of taxes. Office and supplies. Section 11. Be it further enacted by the authority aforesaid, that before entering upon the duties of his office the said county tax commissioner shall take the oath now prescribed by law for the tax collector and tax receiver, and shall also at the same time give bonds and security as follows: (a) Bond and security, payable to his Excellency the Governor, and his successor in office in the same sum, amount, and manner as is now required by law for tax receiver and tax collector for the term for which said officer is required to give bond, to be filled in by the Comptroller-General before being sent out to the county from the Executive Office, and to be conditioned as bonds of tax receivers and tax collectors for State taxes are now conditioned. (b) Bond and security, payable to the ordinary of Union County, Georgia, conditioned for the faithful performance of his duties as such county tax commissioner, in the same sum, amount, and manner as is now provided

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by law for tax receiver and tax collector of Union County, Georgia, which said bonds must be filed with and approved by said ordinary and recorded as other officers' bonds. The security on said bonds shall be a bonding company legally authorized to do business in the State of Georgia, and the premium on said bonds shall be paid from funds of Union County, Georgia, as part of expense of county government. However, at no time shall the funds in possession of the tax commissioner exceed the amount of the bond required of and furnished by him to the ordinary, as tax collector; and in the event of a failure to strictly comply with this provision of this Act, the tax commissioner shall forfeit ten per cent. of his monthly salary for each day of such violation, and said amount shall be deducted from his monthly compensation and paid into the general funds of said county. If said county tax commissioner shall fail and neglect to give and file said bonds as herein required within ten days from the time of entering upon the discharge of the duties of his office, the Commissioner of Roads and Revenues of Union County shall declare a vacancy in said office, which vacancy shall be filled in the manner herein provided. Oath of office. Bonds. Premium. Funds limited. Forfeiture. Vacancy if bond not filed. Section 12. Be it further enacted by the authority aforesaid, that said tax commissioner shall perform each, every, and all the duties now required of both the tax receiver and tax collector of Union County, Georgia, in the manner prescribed by law, shall be subject to all the pains and penalties, and have all the rights, powers, and privileges of said two offices and officers, except compensation. Duties. Section 13. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of Union County is hereby authorized and empowered, for and in behalf of Union County, to levy and collect a tax on all taxable property in Union County, Georgia, sufficient to pay the salary of said tax commissioner and the expenses of his office as herein provided. Tax levy.

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Section 14. Be it further enacted by the authority aforesaid, that all fees, commissions, percentages, and allowances paid by the State of Georgia to the tax receiver and the tax collector for receiving and collecting State taxes, and also all fees, commissions, percentages, and allowances now paid to the tax receiver and tax collector for receiving and collecting by Union County, Georgia, and any and all school districts thereof, and any and all political subdivisions thereof when this Act shall become effective, shall be by said tax commissioner collected and paid to the designated officer as the law now provides or may hereafter provide, to the credit of general funds of Union County, Georgia; also all fees and costs allowed by law to the tax collector for issuing fi. fas. against delinquent taxpayers, when this Act shall become effective, shall be by said tax commissioner collected and paid to the designated officer as the law now provides or may hereafter provide, to the credit of the general funds of Union County, Georgia. Said funds shall be withdrawn as other county funds are withdrawn. Payments to general funds. Section 15. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared invalid; the purpose of this Act being to put into effect in Union County the provisions of the Constitution of this State as is contained in Article 11, Section 3, Paragraph 1. Invalidity. Section 16. Be it further enacted by the authority aforesaid, the provisions of this Act shall not become effective until the same shall have been submitted to and approved by a majority of the qualified voters of Union County, voting at the general election to be held in the State of Georgia in the year 1938. Said election shall be held under the rules governing elections for members of the General Assembly. The ballots used at said election shall have printed thereon the following: Submission to vote.

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1. For creating the office of tax commissioner. Ballots. 2. Against creating the office of tax commissioner. Those favoring consolidating the offices of tax receiver and tax collector and creating the office of tax commissioner shall vote For creating the office of tax commissioner, and those opposed to consolidating the offices of tax receiver and tax collector and creating the office of tax commissioner shall vote Against creating the office of tax commissioner. Should a majority of the qualified voters of Union County participating in said election vote For creating the office of tax commissioner, then this Act shall be of full force and effect, and the offices of tax receiver and tax collector shall be consolidated as of January 1, 1941, and the office of tax commissioner of Union County be established as of that date; and the ordinary shall so declare and publish. If a majority of the qualified voters of Union County participating in said election shall not vote For creating the office of tax commissioner, then this Act shall not become effective, and the offices of tax receiver and tax collector of Union County shall not be consolidated, and the office of tax commissioner of Union County shall not be established; and the ordinary shall so declare and publish. Section 17. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1937. UNION TREASURERSHIPREFERENDUM. No. 73. An Act to abolish the office of county treasurer in and for the County of Union; to prescribe additional duties for the ordinary of Union County with reference to the performance

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of duties heretofore imposed upon the treasurer of said county; to provide additional compensation for the ordinary of said county; to make provisions for the handling and disbursement of all county funds; to provide for giving bond; to provide when and how this Act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after December 31, 1940, the office of county treasurer of Union County shall be and the same is hereby consolidated with the office of ordinary of Union County, as hereinafter provided. Offices consolidated. Section 2. Upon the abolition of the office of county treasurer, as herein provided, the county treasurer then in office shall immediately deliver to the ordinary of Union County all county funds then in his hands, and all records, books, and papers that may be then in his possession which pertain to his office. Funds to ordinary. Section 3. Upon the abolition of the office of county treasurer all county funds heretofore payable to the county treasurer shall be paid to the ordinary, and said ordinary shall, as and when received, immediately deposit such funds to the credit of Union County, Georgia, in some good and solvent bank or banks in the State of Georgia, as may furnish satisfactory security or bond. Upon the abolition of the office of county treasurer all county funds of Union County, except such as may be especially otherwise excepted by law, shall be disbursed by the ordinary in the manner herein provided. Deposit in bank. Section 4. Upon the abolition of the office of county treasurer it shall be the duty of the ordinary of Union County: (1) To diligently collect from all officers and others all sums due Union County, and to receive all moneys and

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funds of said county as they become due, and to immediately deposit them in such banks as are herein provided. Ordinary's duties. (2) To examine the minutes and execution dockets of the different courts of the county, to demand and receive all moneys appearing to be due thereon, and to institute proceedings against defaulters. (3) To pay without delay, when in funds, all debts due by said county. (4) To make and render all financial statements and reports required by law of the county treasurer before consolidation. (5) To appear before the grand jury to render an account of his actings and doings as disbursing officer, and to exhibit his books and vouchers whenever notified. (6) To disburse according to law all funds which the county treasurer may have heretofore received, held, or disbursed. (7) To do and perform any and all other duties essential to the proper conduct of the county's affairs which it has been necessary heretofore for the county treasurer to perform. Section 5. Be it further enacted, that upon the abolition of the office of county treasurer, the ordinary shall pay all warrants drawn upon him by vouchers drawn against the funds deposited to the credit of Union County in banks as in this Act provided for. All warrants heretofore drawn on the county treasurer by the judge of the Superior Court, or by the clerk of court, or any other officer authorized to draw warrants, shall be drawn on the ordinary of Union County, Georgia. All vouchers, checks, and orders issued by said ordinary shall be signed by said ordinary and countersigned by the clerk of the ordinary of said county; and

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the banks as herein selected are authorized to pay all vouchers so signed. Warrants payable. Signatures. Section 6. The ordinary of Union County shall give a bond payable to the clerk of the Superior Court of Union County, in addition to the bond now required by law, in the same sum and amount as is now required of the county treasurer with surety or sureties acceptable to the said clerk of the Superior Court, to protect the county from loss by reason of the handling of the funds of the county by said ordinary as provided in this Act. Said bond will be governed in all its provisions and recovery may be had thereon in the same manner now provided by law for county treasurers' bonds, and the clerk of the Superior Court of Union County is made the officer to represent said county in such proceedings. Bond of ordinary. Section 7. Said ordinary shall be liable both civilly and criminally, just as county treasurers are liable now civilly and criminally, for any nonfeasance, misfeasance, or malfeasance of their respective duties; and the clerk of the Superior Court of Union County shall have the right to proceed against said ordinary and the security or securities on his bonds, in the same manner as the ordinary may now proceed against a county treasurer and his sureties in case of nonfeasance, misfeasance, or malfeasance of his office. The writ of mandamus may issue to compel a due performance of all the duties imposed upon the ordinary of Union County herein, at the instance of any person, natural or artificial. Failure to perform the duties imposed by the terms of this Act shall also be cause for removal from office of said ordinary. Liability civil and criminal. Mandamus. Removal. Section 8. Be it further enacted, by the authority aforesaid, that before any bank or banks shall receive any of the funds of Union County or be entitled to receive same, such bank or banks shall execute and deliver to the ordinary of Union County such bond or security as may be required,

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conditioned for the safekeeping, accounting for, and paying over, upon demand of the proper authorities, all moneys and funds which may be deposited in said bank by said county. Said bond or bonds shall be in good and solvent surety companies doing business in this State. Upon failure of any bank or banks to furnish said bond or security, they shall not be entitled to have any of the county funds to be deposited with them, and the ordinary shall not make deposits with such banks until bond or securities are furnished him. Bond of bank. Section 9. This Act shall have no force or effect until the same shall have been submitted to and approved by a majority of the qualified voters of Union County, voting at the general election to be held in the State of Georgia in the year 1938. Said election shall be held under the rules governing elections for members of the General Assembly. The ballots used at said election shall have printed thereon the following: Submission to vote. 1. For abolishing the office of treasurer of Union County. Ballots 2. Against abolishing the office of treasurer of Union County. Those favoring the abolishment of the office of treasurer of Union County and consolidation of the duties of said office with those of the ordinary of Union County shall vote For abolishing the office of treasurer of Union County, and those opposed to abolishing said office and consolidation of the duties of said office with that of the ordinary of Union County shall vote Against abolishing the office of treasurer of Union County. Should a majority of the qualified voters of Union County participating in said election vote For abolishing the office of treasurer of Union County, then this Act shall be of full force and effect, and the office of treasurer of Union County shall not exist, and the duties of said office shall be combined with

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those of the ordinary of Union County, as of January 1, 1941; and the ordinary shall so declare and publish. If a majority of the qualified voters of Union County participating in said election shall not vote For abolishing the office of treasurer of Union County, then this Act shall not become effective, and the office of treasurer of Union County shall not be abolished but shall retain its present status; and the ordinary shall so declare and publish. Section 10. The ordinary of Union County, only in the event the office of treasurer of Union County is abolished, shall receive as additional compensation for the new duties so placed upon him, the sum of one hundred and fifty ($150.00) dollars annually. Added pay. Section 11. Be it further enacted by the authority aforesaid, that if any portion of this Act shall be held invalid, the whole of this Act shall not thereby become void, but only so much of the same as may be declared invalid. Invalidity. Section 12. Be it further enacted, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1937. WASHINGTON COMMISSIONERS' PAY. No. 309. An Act to amend an Act approved March 15, 1935, fixing the compensation of county commissioners of Washington County, Georgia, wherein the salary of the members of the commission is fixed at one hundred and fifty dollars, by striking Section 3 of that Act, and inserting a new section in lieu thereof, with the provision that the compensation of county commissioner of Washington County, Georgia, shall be three hundred dollars per annum,

Page 1438

payable monthly in installments of twenty-five dollars per month; and for other purposes. Section 1. Be it enacted by authority of the General Assembly of Georgia, that section three of an Act of the General Assembly of Georgia, fixing compensation of county commissioners of Washington County, Georgia, said Act approved March 15, 1935, be and the same is hereby repealed. Act of 1935 amended. Section 2. Be it further enacted by authority aforesaid, that a new section to be known as Section 3 shall be substituted for the provision repealing the provision in said Act, which shall read as follows: Section 3. Each commissioner shall receive for his services the sum of three hundred dollars per annum payable in monthly installments of twenty-five dollars per month, beginning the first day of the month following the approval of this Act. New Sec. 3. Pay of commissioners. Section 3. Be it further enacted by authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed. Approved March 24, 1937. WASHINGTON COUNTY-COUNCIL ACT REPEALED. No. 251. An Act to repeal an Act establishing a council for Washington County, Georgia, approved March 2, 1933 (Acts 1933, pages 742-748, inclusive), and amended by an Act approved March 15, 1935 (Acts 1935, pages 833-835, inclusive); and for other purposes. Section 1. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of same that the Act approved March 2, 1933 (Acts 1933,

Page 1439

pages 742-748, inclusive), and amended by Act approved March 15, 1935 (Acts 1935, pages 833-835, inclusive), establishing a county council for Washington County, Georgia, be and the same is hereby repealed. Acts of 1933 and 1935 repealed. Section 2. Be it enacted by authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. WASHINGTON COUNTY COUNCIL CREATED. No. 317. An Act to establish a County Council for Washington County, Georgia; to provide for councilmanic districts; to provide for compensation for members, to fix qualifications for members; to provide for filling vacancies, to fix oaths for councilmen; to provide for meetings; to provide for clerk of county council; to provide for an officer 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 interest in 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 county with officers; to provide for the election of county councilmen; to provide for the selection, direction and discharge of county auditor; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, That there is hereby created in Washington

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County, Georgia, a body to be known as the county council, and styled the Washington County Council. Council created. Section 2. Be it further enacted by the authority aforesaid, That the county council shall consist of two councilmen from each road district according to Act creating Board of Commissioners of Roads and Revenues of Washington County, and one councilman from the county at large. Members. Section 3. Be it further enacted that each councilman shall receive the sum of ten ($10.00) dollars per annum for his services. Pay. Section 4. Be it further enacted by the authority aforesaid, That no person shall be eligible to hold the office of county councilman while holding an office in the State, county, or any municipality, or who is not a qualified voter and resident freeholder in the county, or in case of councilman from county at large who is not a qualified voter and resident of county and a freeholder. If any person shall be or become ineligible under the provisions of this section, it shall operate immediately to vacate his office as such councilman. Eligibility. Section 5. Be it further enacted by the authority aforesaid, That upon the approval of this Act the following shall constitute the first county council under this Act, viz.: Dr. Fred B. Rawlings, whose term of office shall be for the remainder of the year 1937 and the year 1938; J. K. Pate and George Beddingfield, whose terms shall be for remainder of 1937 and for the years 1938 and 1939; and Cecil Hodges and John Taylor, whose terms shall be for the remainder of 1937 and the years 1938, 1939 and 1940; and W. B. Smith and J. C. Godfrey, whose terms shall be for remainder of the year 1937 and the years 1938, 1939, 1940 and 1941; thereafter as the terms of the foregoing councilmen expire, the grand jury of Washington County, at its fall or September term shall elect a successor to the

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member or members whose term or terms expire the January following the meeting of such grand jury and the terms of the county councilmen shall be for a term of two years and until their respective successors are elected and qualified. Councilmen named. Terms of office. Election. Section 6. Be it further enacted by the authority aforesaid, That each county councilman upon taking his office shall take an oath before some officer authorized to administer oaths to support the Constitution of the United States and of Georgia, and to faithfully and impartially perform all the duties of the office to the best of his skill and ability. Oath. Section 7. Be it further enacted by the authority aforesaid, That the regular meetings of the Washington County Council shall be held at the courthouse at Sandersville on the first Mondays in January and August. Called meetings may be had at any time upon call of chairman. Upon approval of this Act the Washington County Council within 30 days of such approval shall meet, elect officers and prepare for the regular duties of that body. Meetings. Section 8. Be it further enacted by authority aforesaid, That the council may meet and adjourn from day to day as the business before them requires, but all its sessions shall be public. Public sessions. Section 9. Be it further enacted by the authority aforesaid, That the county council shall at its first meeting, and annually thereafter, elect one of its members chairman and one of its members clerk. These officers shall hold for a term of one year and until their successors are elected and qualified. Chairman and clerk. Section 10. Be it further enacted by the authority aforesaid, That the sheriff or a deputy appointed by him shall attend the meetings of the county council and shall serve all orders and notices. Sheriff or deputy.

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Section 11. Be it further enacted by the authority aforesaid, That a majority of said council shall constitute a quorum. Quorum. Section 12. Be it further enacted by authority aforesaid, That a two-thirds majority of the members shall have the right to expel any member of said council for violation of duty, malfeasance or misfeasance and declare said seat vacant, after notice to and opportunity of said member for a hearing thereon. Expulsion. Section 13. Be it further enacted by authority aforesaid, That upon a vacancy occurring upon the county council for an unexpired term the council shall name a successor to fill such vacancy for the unexpired term. Vacancy. Section 14. Be it further enacted by the authoirty aforesaid, That no tax shall be levied by the County Commissioners of Washington County without the recommendation of Washington County Council except where such tax rate is fixed by statutory enactment in the general laws of the State. Tax levies. Section 15. Be it further enacted by authority aforesaid, That 30 days before the first Monday in January following the approval of this Act for each and every year, each county officer of Washington County, each and every board and committee, and the board of roads and revenues of said county shall submit to Washington County Council through its secretary, an estimate, itemized with as great particularity as possible of the amount of money required for his office for the ensuing year. The board of county commissioners shall submit to said body an itemized estimate of all money to be drawn by members of said board for all purposes, and all expenditures to be made by said board, or pursuant to its order, during the year for all purposes. To each of said estimates there shall be appended a certificate verified by oath of the officer preparing the same

Page 1443

to the effect that in his opinion the amount fixed in each item will be required for the purpose indicated thereby; Provided, that nothing contained in this section shall be construed to modify or change any fixed and definite charge now fixed by statute governing county matters throughout the State. Itemized statements of finances. Section 16. Be it further enacted by the authority aforesaid, That the itemized estimate of the county board of roads and revenues shall include the following heads: (1) As to each building maintained in whole or in part by the funds of the county, such as courthouses, poor farm and houses, jails, chaingangs, storage warehouses; the amount required for new buildings; the amount required for repair of old buildings; the amount of supplies for each institution; the amount required by agents, officers and employees of the county for salaries. Matters included in estimates. (2) The cost of building bridges, giving location and cost of each bridge. (3) The amount required for repairing bridges, giving location of each bridge repaired and cost of its repair. (4) The expense of the commissioner's court. (5) Expenses of board of health. (6) The amount of repairs and work on gravel roads, giving location and amount expended on each road. (7) The amount required for holding elections. (8) Amount required to pay loans and the interest thereon, specifying the loan and the amount of interest paid on each loan. (9) Amounts required to pay judgments, costs of suits and attorneys' fees.

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(10) The amount required to pay employees where they are paid out of the county treasury. (11) Itemized account of all other expenditures paid out by board of roads and revenues of the county. Section 17. Be it further enacted by the authority aforesaid, That upon receipt of the estimates provided for herein, Washington County Council shall meet, consider same and recommend to the board of roads and revenues a rate of taxation to be levied in all cases where the rate is not fixed by general statute of this State. Tax rate. Section 18. Be it further enacted by the authority aforesaid, That upon making up said rate and fixing a budget, the same shall constitute the only legal charges against Washington County, unless altered as hereinafter provided. Budget. Section 19. Be it further enacted by the authority aforesaid, That in case of emergency or unexpected expenditures, or necessity for unusual expenditures, the Washington County Council shall meet upon call of the chairman, and make such recommendations as it may deem proper to the county board of roads and revenues and same shall become a binding charge against Washington County. Unusual expenses. Section 20. Be it further enacted by the authority aforesaid, That 30 days prior to the first Monday in August each county officer and the county board of roads and revenues shall submit its expenditures under budget made in January and tax levied, and shall show what percentage of the money so levied has been expended; such report shall be made to Washington County Council. Expenditures. Section 21. Be it further enacted by authority aforesaid, That Washington County Council shall make a full

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and complete report of its acts and doings together with the recommendations made by the various county officers and the board of roads and revenues to the grand jury of Washington County at the September term each year. Report to grand jury. Section 22. Be it further enacted by the authority aforesaid, That all money under the budget system herein authorized which remains to credit of any board or any officer at the end of the fiscal year shall revert to the general fund of the county. Money reversion. Section 23. Be it further enacted by the authority aforesaid, That 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 and of the books and records of the board of county commissioners and of the books and records of each and all of the officers of the county as the county council may deem necessary, and to direct such auditor or accountant in the performance of his duties, fix his compensation and fix his duties. Audit of books, etc. Section 24. Be it further enacted by the authority aforesaid, That in case there should come a time when the members of the Washington County Council fail and refuse to perform their duties under this Act, or for any other reason this Act becomes inoperative, in such an event all duties and obligations hereunder shall devolve upon the board of roads and revenues, and their action shall become binding without recommendation of county council. Devolution of duties. Section 25. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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WASHINGTON TAX COMMISSIONER'S PAY. No. 311. An Act to amend an Act approved March 10, 1933, abolishing the offices of county tax receiver and county tax collector of Washington County, Georgia, and creating the office of tax commissioner, so as to strike Section 7 of said Act, and insert in lieu thereof the following language: The compensation of the tax commissioner of Washington County, Georgia, shall be two thousand nine hundred ($2,900.00) dollars per annum payable monthly out of the general funds of the county, and the county commissioners are required to furnish said tax commissioner a suitable office, equipment, and stationery. Section 1. Be it enacted by authority of the General Assembly of Georgia, That Section 7 of the Act approved March 10, 1933, creating the office of tax commissioner for Washington County, Georgia, be and the same is hereby stricken in its entirety. Act of 1933 amended. Section 2. Be it further enacted by authority aforesaid, That in lieu of Section 7 of said Act the following language be inserted: The compensation of the tax commissioner of Washington County, Georgia, shall be two thousand nine hundred ($2,900.00) dollars, payable monthly out of the general funds of the county, and the county commissioners are required to furnish said tax commissioner suitable office, equipment and stationery. Salary payable monthly. Section 3. Be it further enacted by authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937.

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WAYNE TAX COMMISSIONER'S PAY. No. 342. An Act to amend an Act creating the office of County Tax Commissioner of Wayne County, Georgia, approved August 13, 1931, by providing that all fees, commissions, and other compensations for making record of defaulters and voting records, and for issuing and settling tax executions and receiving returns of and collecting State taxes be retained by the tax commissioner, and 50% of those due for receiving returns and collecting taxes due the county and school be retained by the tax commissioner, and each taxing unit be paid by him direct its pro rata part of the remaining 50%; and by providing that the office be kept open and visits to the several militia districts for purpose of receiving returns and collecting taxes be discontinued. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That Section 4 in the said Act of 1931 (Georgia Laws, 1931, page 595) be amended as follows: By striking the last nine words thereof and adding in lieu thereof the following: And he shall retain all the fees, commissions, and other compensations for making record of defaulters and voting records, and for issuing and settling tax executions, and receiving State tax returns, and for collecting State taxes, both ad valorem and special, and corporate taxes returned to the Comptroller-General's office; also, he shall retain 50% of all fees, commissions, and other compensations for the receiving of returns and collecting of taxes for Wayne County and schools, paying over to the county and each of the other local taxing units, direct, their pro rata part of the remaining 50%, so that when amended said section shall read as follows: Act of 1931 amended. Section 4. Be it further enacted by the authority aforesaid, That all fees, commissions, and all other compensations

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allowed to the tax receiver and tax collector of Wayne County at the time this Act becomes effective, or that might thereafter be legally allowed such officers were it not for the provisions of this Act, shall be collected by said county tax commissioner, and he shall retain all the fees, commissions, and other compensations for making record of defaulters and voting records, and for issuing and settling tax executions, and receiving State tax returns, and for collecting of all State taxes, both ad valorem and special, and corporate taxes returned to the Comptroller-General's office; also, he shall retain 50% of all fees, commissions, and other compensations for the receiving of returns and collecting of taxes for Wayne County and schools, paying over to the county and each of the other local taxing units, direct, their pro rata part of the remaining 50%. Collection and disposition of money. Section 2. Be it further enacted by the authority aforesaid, That Section 5 of said Act of 1931 be amended as follows: By striking all of said Section 5, and adding in lieu thereof: Section 5. The tax commissioner shall discontinue the visits to the several militia districts of said Wayne County for the purpose of receiving returns and collecting taxes, and shall keep his office in the courthouse open for said purposes on all days, excepting local, State and national holidays. Tax returns. Section 3. Be it further enacted by the authority aforesaid, That if any section or portion of this Act or the original Act approved August 13, 1931, shall be declared invalid, the same shall not affect the other portions of said original Act or of this Act. Invalidity. Section 4. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed in so far as they apply to the office of tax commissioner of Wayne County, Georgia. Approved March 26, 1937.

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WILCOX COMMISSIONERSAMENDMENTS. No. 67. An Act to amend that certain Act entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation; to prescribe their terms of office, the manner of their appointment and election, and the manner in which vacancies shall be filled; to provide for the appointment and election of a chairman of said board of commissioners, and to prescribe his duties and powers and provide for his compensation; to provide for the establishment of five commissioner's district in said county; to provide for a clerk of said board, a county attorney, county physician, warden, and other employees of said county, to prescribe their powers and duties and for their compensation; to provide when this Act shall become effective; and for other purposes, approved March 24, 1933, and published in Georgia Laws of 1933, pages 768-776, by striking Section 2 of said Act and substituting a section to be known as Section 2, changing and rearranging the commissioner's districts of said county as provided in said Act, and by striking Section 5 of said Act and substituting a section to be known as Section 5, providing that at the general election to be held in 1938 the commissioners then to be elected shall serve for a term of two years and that at the general election to be held in 1940, five commissioners shall be elected; each to serve for a term of four years, and that thereafter the terms of said commissioners shall be four years, and by amending Section 7 of said Act so as to provide that the chairman of the board of commissioners shall be paid a salary of fifty ($50.00) dollars per month and each of the other commissioners shall be paid a salary of twenty dollars and

Page 1450

seventy cents ($20.70) per month, and by amending Section 10 of said Act by adding a clause which shall provide that no commissioner shall be eligible to serve as chairman for a period longer than four successive years; and further providing that in the primaries the qualified voters in each commissioner's district shall select a nominee for commissioner from such 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 a certain Act approved March 24, 1933, and published in Georgia Laws of 1933, pages 768-776, and entitled An Act to create a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, consisting of five members; to define their qualifications, powers, and duties and to provide for their compensation;... and for other purposes, be and the same is hereby amended in the manner and the respects following, to wit: Act of 1933 amended. Section 2. Be it enacted, That Section 2 of said Act approved March 24, 1933, as aforesaid, be and the same is hereby stricken in its entirety, and in lieu thereof a section to be known as Section 2 is substituted therefor reading as follows: Section 2. Be it further enacted by the authority aforesaid, That Wilcox County shall be divided into five commissioner's districts and each district shall be entitled to one commissioner, said districts to be constituted as follows, to wit: New Sec. 2. First commissioner's district shall be composed of 1158th Militia District, known as the Abbeville District, and the 1561st Militia District, known as the Sibbee District, and the 433rd Militia District, known as the Forest Glenn District of said county. Districts.

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Second commissioner's district shall be composed of the 1442nd Militia District, known as the Rochelle District, and the 1708th Militia District, known as the Pope City District, and the 1546th Militia District, known as the Davis Mill District of said county. Third commissioner's district shall be composed of the 1177th Militia District, known as the Ryals Mill District, and the 1630th Militia District, known as the Pine View District, and the 1321st Militia District, known as the Maple Branch District of said county. Fourth commissioner's district shall be composed of the 1598th Militia District, known as the Pitts District, and the 1103rd Militia District, known as the Seville District, of said county. Fifth commissioner's district shall be composed of the 1667th Militia District, known as the Owensboro District, and the 1752nd Militia District, known as the Double Run District, of said county. Section 3. Be it further enacted by the authority aforesaid, That said Act of the General Assembly of Georgia, approved August 24, 1933, as aforesaid, be further amended by striking Section 5 of said Act in its entirety and by substituting in lieu thereof a section to be known as Section 5 reading as follows: Section 5. Be it further enacted by the authority aforesaid, That on the day of the general election is held in said county for the election of State House officers in the year 1938, a commissioner shall be elected to succeed Smith Faircloth, present incumbent, or his successor in office, and on said date a commissioner shall be elected to succeed L. J. Morgan, present incumbent, or his successor in office, and the commissioner so elected to succeed the said Smith Faircloth or his successor and the said L. J. Morgan or his successor shall serve as commissioners for a term of

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two years, and on the day the general election is held in said county for the election of State House officers in the year 1940, five commissioners shall be elected, one from each of the districts created by this Act, and the term of office of the commissioners so elected shall be for a term of four years and the regular terms of the commissioners of said county elected on the day of the general election is held in the year 1940 as aforesaid and thereafter shall be four years, but any commissioner elected shall be a bona fide resident of the commissioner's district which he represents and for which he is elected, as provided by Section 4 of said Act approved March 24, 1933. Should a vacancy occur in the membership of said board by death, resignation, or otherwise, the other members of said board shall elect his successor for the remainder of the term of such commissioner in whose office a vacancy occurs, from the commissioner's district in which the vacancy exists; and should the said board fail to agree upon any one to fill said vacancy for a period of 30 days from the date the vacancy occurred, then, and in that event, the ordinary of Wilcox County shall be advised by said board, and in that event the ordinary shall appoint a successor for the remainder of the term of office of such commissioner, made vacant as aforesaid, from the commissioner's district in which the vacancy exists. New Sec. 5. Election of commissioners. Vacancy. Ordinary's appointment. Section 4. Be it further enacted by the authority aforesaid, That all of that portion of Section 7 of said Act approved March 24, 1933, reading as follows: Be it further enacted by the authority aforesaid, That members of said Commissioners of Roads and Revenues shall each receive for their compensation a salary of five ($5.00) dollars per day for attending meetings of the board, but not to exceed two hundred ($200.00) dollars per annum for any one commissioner, except the chairman of said board, who shall receive five ($5.00) dollars per day, and whose salary shall not exceed the sum of six hundred

Page 1453

($600.00) dollars per annum, be and the same is hereby stricken and that, in lieu thereof, there be substituted the following sentence: Be it further enacted by the authority aforesaid, That the chairman of the Board of Commissioners of Roads and Revenues of said County of Wilcox shall receive as compensation for his service a salary of fifty ($50.00) dollars per month and that each of the remaining four members of said board of commissioners shall receive each a salary of twenty dollars and seventy cents ($20.70) per month. So that said Section 7 as and when amended shall read as follows: Section 7. Be it further enacted by the authority aforesaid, That the chairman of the Board of Commissioners of Roads and Revenues of said County of Wilcox shall receive as compensation for his service a salary of fifty ($50.00) dollars per month and that each of the remaining four members of said board of commissioners shall receive each a salary of twenty dollars and seventy cents ($20.70) per month; said members of said board of commissioners shall receive no other compensation whatever; said salaries shall be paid from the county treasury monthly, and warrants drawn on the treasury or depository as in the case of other claims against said county. Three of said commissioners shall constitute a quorum and must concur to pass any order for any contract, or pledge the county's credit, grant or allow any claim or charge against said county. Salaries of board. Section 5. Be it further enacted, That Section 10 of said Act be stricken in its entirety and that there be substituted in lieu thereof a section to be known as Section 10, reading as follows: Section 10. Be it further enacted by the authority aforesaid, That the present chairman of the Board of Commissioners of Roads and Revenues of Wilcox County

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as created by the Act approved March 24, 1933, as aforesaid and as amended by this Act continue as chairman of said board until the first regular meeting in January, 1938, at which time a chairman shall be elected, who shall hold office for a period of one year; and a chairman shall be elected by the Board of Commissioners of Roads and Revenues at the first meeting in January of each year thereafter, who shall hold office for a period of one year, and until his successor has been elected and qualified; Provided that no one person or commissioner shall be eligible to serve as chairman of said Board of Commissioners of Roads and Revenues for a period longer than two successive years and when any member of said board has served as chairman for as long as two successive years, he shall not be again elected as chairman of said board until at least one term has expired and during which the chairmanship has been held by some other member. New Sec. 10. Chairman's election and tenure. Section 6. Be it further enacted, That said Act approved March 24, 1933, creating a Board of Commissioners of Roads and Revenues in and for the County of Wilcox, as aforesaid, be further amended by adding thereto an additional section, to be known as Section 4-A, and providing as follows: Section 4-A. Be it further enacted, That in all primary elections held or conducted by any political party for the nomination of candidates for the office or offices of commissioners of roads and revenues of said County of Wilcox, the candidate or candidates, as the case may be, for nomination for such office, shall be voted for and nominated by the qualified voters of the particular commissioner's district in which such candidate lives or candidates live and from which he is, or they are eligible for election, and the qualified voters of the several commissioner's districts of said county shall be permitted, in such primary election, to vote only for a candidate and select a nominee for the

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particular commissioner's district of which they are qualified voters. Added Sec. 4-A. Primary elections. Candidates. Section 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 1, 1937. WILKINSON COUNTY PURCHASES. No. 272. An Act to amend An Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia; to provide for naming and election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes, approved February 28, 1933, as shown by Acts of 1933, pages 777 to 780, inclusive, to strike Section 9 of said Act; to prohibit certain purchases; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That the Act creating and establishing the Board of Commissioners of Roads and Revenues of Wilkinson County, Georgia, published in the volume of Georgia Laws for 1933, page 777 to 780 inclusive, be and the same is amended as follows: Act of 1933 amended. Section 1. That Section 9 of said Act be stricken in its entirety and said section is hereby repealed. And that the following section be and the same is substituted in the place thereof, to wit:

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Section 9. Said board shall not purchase any goods, or property of any kind for county purposes from any store or business house in which any member of said board is an employee, or in which he is directly or indirectly interested, or from any person or partnership of which he is a member, or by whom he is employed, unless by the sanction of the entire membership of said board, or unless it shall be made clearly to appear that the said individual, partnership or owner of the store or business house offers and will sell the goods or property as cheap or cheaper than it can be bought elsewhere. The penalty for the violation of the provisions of this section shall be as provided for in Section 8 of this Act. New Sec. 9. Purchases restricted. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937.

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TITLE III. SCHOOL DISTRICT AND CORPORATION. ACTS. Alexander Stephens Institute Charter. Lula School District Territory. ALEXANDER STEPHENS INSTITUTE CHARTER. No. 109. An Act to repeal an Act of the General Assembly of Georgia, approved August 18, 1919, Georgia Laws 1919, page 1406, and all amendments thereto, creating a board of trustees for Stephens High School, providing for their election, etc. Also to create a new charter of said school under the name of Alexander Stephens Institute, to provide for a board of trustees for said school, the said Alexander Stephens Institute, to fix their terms of office, to provide for the election of said board of trustees and organization of the same, to prescribe their duties and powers and qualifications, to prescribe the qualifications of voters in such trustees elections; 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 an Act passed by the General Assembly of Georgia, approved August 18, 1919, Georgia Laws 1919, page 1406, providing for a board of trustees for Stephens High School in City of Crawfordville, Georgia, and their duties, powers and election, etc., is hereby repealed. All amendments to said Act are also repealed. Act of 1919 repealed.

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Section 2. Be it further enacted, That the school referred to in said Act of August 18, 1919, Ga. Laws 1919, page 1406, as Stephens High School in the City of Crawfordville, Georgia, Taliaferro County, is hereby set up and incorporated under the name of Alexander Stephens Institute, consisting of all the buildings and property of said school, heretofore known as Stephens High School. School incorporated. Section 3. There shall be a board of trustees for said Alexander Stephens Institute consisting of five citizens of the City of Crawfordville who shall be of good moral character and interested in educational matters. Trustees. Section 4. On the third Saturday in July of each year, beginning on the third Saturday in July, 1938, there shall be an election held to select one trustee for said Alexander Stephens Institute to serve for a term of five years to succeed the trustee whose term expires in each particular year. The trustees shall appoint two or more election managers for such elections and prescribe their pay. Said elections shall be held at the school building of said Alexander Stephens Institute in Crawfordville, Georgia, from the hours of 10 A.M. to 2 P.M. The election managers shall hereafter consolidate the votes and certify under oath to the board of trustees the number of votes received by all candidates and the person receiving the highest vote in said election shall be declared by said board to be elected for a term of five years from the date of such election. Said certification shall be made to the secretary of said board of trustees. Said board of trustees shall elect a treasurer who shall be one of the members of the board. They shall also elect a secretary who may, but need not be a member of said board. Elections and terms of office. Secretary and treasurer. Section 5. F. G. Mitchell, Jr., is hereby made a trustee of said Alexander Stephens Institute until third Saturday in July, 1938, at which time he or a successor shall be elected as a member of said board of trustees for a term

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of five years. W. R. Chapman is made a member of said board of trustees of Alexander Stephens Institute until third Saturday in July, 1939, when he or a successor shall be elected for a term of five years. A. M. Lunceford is made a trustee of said institute until third Saturday in July, 1940, when he or a successor shall be elected for a term of five years. George E. Williams is made a trustee of said institute until third Saturday in July, 1941, when he or a successor shall be elected for a term of five years. R. W. Golucke is made a trustee of said institute until third Saturday in July, 1942, when he or a successor shall be elected for a term of five years. Trustees named. Terms. Section 6. All candidates in any such elections for trustees of said institute shall file their names over their own signatures with the secretary of said board of trustees 15 days before the election day, else they will not be eligible to hold the office. All persons in the Crawfordville School District who are qualified to vote for members of the General Assembly of Georgia shall be qualified to vote in said trustee elections. If a voters name appears as a qualified voter of the last qualified voters list for the 601st District, Taliaferro County, prior to each election for trustees, as made by the county registrars, he or she shall be qualified to vote in said trustee elections. Candidates. Voters. Section 7. Said board of trustees shall have power and authority to employ and contract with teachers, principals, athletic directors, janitors or others whose services may be needed in the operation of said institute and shall have authority and power to pay the same. They may borrow money for the proper operation or to pay the debts of said school and to pledge as security for such loans any and all funds apportioned or that may be apportioned for said institute by the State of Georgia, or by Taliaferro County, or the City of Crawfordville or any other source,

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and they may do all other acts necessary for the proper operation of said institute. Powers of trustees. Section 8. If a vacancy or vacancies occur in said board of trustees by reason of death, removal from Crawfordville, or resignation, or otherwise, the places shall be filled by a majority vote of the remaining trustees. Vacancies. Section 9. Said board of trustees are empowered to receive from the State of Georgia, or from Taliaferro County, or from the City of Crawfordville or from any other source all money, funds or property that may be apportioned or donated to said institute, and to hold and use the same for the benefit of said institute. Funds and property. Section 10. Said Alexander Stephens Institute shall furnish instruction to pupils in all the common or grammar school grades and in the high school grades as prescribed by the State Board of Education and the laws of this State. It may also, from funds or property donated to it by the City of Crawfordville or any other source, provide courses in agriculture, commerce, and higher learning. Courses of instruction. Section 11. It is not intended by this Act to set up said Alexander Stephens Institute as an independent school or school system, but the board of trustees of said Alexander Stephens Institute shall confer with and seek the cooperation and advice of the District School Trustees of the Crawfordville School District. Independent. District trustees. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1937. LULA SCHOOL DISTRICT TERRITORY. No. 422. An Act to amend an Act entitled Lula School District Trustees No. 325, contained in Georgia Laws 1919,

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pages 1400 to 1405, inclusive, approved August 19, 1919, by changing and extending the boundaries of Lula School District so as to include Living Mission School District, repealing conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. Section 2 of an Act entitled Lula School District Trustees No. 325 approved August 19, 1919, contained on pages 1400 to 1405, inclusive, Georgia Laws, 1919, is hereby repealed in its entirety. Act of 1919 amended. Section 2. There is hereby inserted in lieu of said Section 2 the following: Section 2. Be it further enacted by the authority aforesaid, That the limits of said Lula School District shall extend over and include all that land or territory now within the limits of Lula School District and Living Mission School District, Living Mission School District being hereby abolished and the territory included within its limits being placed in and consolidated with Lula School District. New Sec. 2. Territorial limits. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937.

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TITLE IV. SOLICITORS-GENERAL AND REPORTERS. ACTS. Blue Ridge Circuit Salary Fixed. Macon CircuitAssistant Solicitor. Oconee Circuit Reporter's Pay. Tifton Circuit Salary Fixed. Western Circuit Reporter's Pay. BLUE RIDGE CIRCUIT SALARY FIXED. No. 98. An Act to amend an Act approved March 2, 1933, entitled an Act to amend an Act approved July 29, 1925, entitled an Act to amend an Act approved August 15, 1921, entitled an Act to amend an Act approved August 20, 1918, entitled an Act to abolish the fee system now existing in the Superior Courts of the Blue Ridge Judicial Circuit as applied to the office of solicitor-general, and all fees now, heretofore or hereafter accuring to the office of solicitor-general in said circuit, in so far as the same constitute the compensation attached to said office; to provide for the payment of a salary to said solicitor-general in addition to the salary prescribed in Paragraph 1, of Section 13, of Article 6, of the Constitution of this State; to provide for the disposition of the fines, forfeitures, and fees, including insolvent costs, accruing to the office of solicitor-general in said judicial circuit; to impose certain duties upon the clerk of the Superior Courts of the counties composing said circuit, and upon the solicitor-general of said circuit in reference to the

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collection, payment, and disposition of all funds, moneys, and emoluments accruing to the office of solicitor-general; to provide for the levy and collection of a tax by county authorities of the various counties composing said circuit, for the purpose of paying the salary of said solicitor-general; and for other purposes, by striking from the tenth, twelfth and fifteenth lines of Section 1 of said Act of March 2, 1933, the figures four thousand seven hundred and fifty ($4,750.00) dollars and inserting in lieu thereof the figures five thousand two hundred and fifty ($5,250.00) dollars so as to increase the salary of the solicitor-general to five thousand two hundred and fifty ($5,250.00) dollars in addition to the salary of two hundred and fifty ($250.00) dollars prescribed in Paragraph 1, Section 13, of Article 6, of the Constitution of this State. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That Section 1 of an Act approved March 2, 1933, pages 805-806 and 807 of the Georgia Laws of 1933, which was an Act amendatory of an Act approved July 29, 1925, which was an Act amendatory of an Act approved August 20, 1918, and an Act mandatory of an Act approved August 15, 1921, be and the same is hereby amended as follows: By striking the figures four thousand seven hundred and fifty ($4,750.00) dollars in the tenth, twelfth and fifteenth lines of Section 1 of said Act of March 2, 1933, and inserting in lieu thereof the figures five thousand two hundred and fifty ($5,250.00) dollars, so as to make the salary of the solicitor-general of the Blue Ridge Circuit the sum of five thousand two hundred and fifty ($5,250.00) dollars per annum in addition to the constitutional salary of two hundred and fifty ($250.00) dollars prescribed in Paragraph 1, Section 13, of Article 6, of the Constitution of this State, said salary of five thousand two hundred and fifty ($5,250.00) dollars and constitutional salary of two

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hundred and fifty ($250.00) dollars shall be in full payment of all services of said solicitor-general, and all traveling and other expenses, aid and legal assistants engaged or employed by him, except as provided by law to solicitors-general. Act of 1933 amended. Salary increase. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937. MACON CIRCUITASSISTANT SOLICITOR. No. 275. An Act to create the office of assistant solicitor-general of the Macon Judicial Circuit, to provide for the appointment of said officer; to provide for the qualifications of said officer; to provide for the removal of said officer, and to provide for his compensation; to provide for the authority of said officer, and the extent of his jurisdiction, and to provide for his term of office, and for the oath of office to be taken by him; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, there shall be in existence an office, which is hereby created, which shall be known as assistant solicitor-general of the Macon Judicial Circuit. Office created. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the said assistant solicitor-general of the Macon Judicial Circuit shall be appointed by the solicitor-general of the Macon Judicial Circuit, who shall be holding office at the time of the appointment. This appointment, however, shall not be effective until the same has been approved

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by the judges of the Superior Courts of the Macon Judicial Circuit, or either of them. Appointment on approval. Section 3. The qualification of the said assistant solicitor-general shall be the same as those prescribed for the solicitor-general of the said circuit; and he shall be required to take the same oath required of the solicitor-general of said circuit. Qualification. Section 4. The said assistant solicitor-general of the Macon Judicial Circuit shall have the same authority as the solicitor-general of the said circuit to appear in court and to prosecute cases for the State of Georgia in said circuit; he shall have the same authority as the said solicitor-general to dismiss warrants, or to issue warrants, or to direct the issuance of warrants, and he shall have the same authority to appear before the grand juries in the various counties of said circuit for the purpose of conducting investigations before the said grand juries, either as to county matters, or as to criminal matters, and to advise the said grand juries, or any of the committees thereof, or any of the members thereof, as to the law, affecting their duties as grand jurors; and, he shall have the same authority as the solicitor-general of the said circuit, to examine witnesses and conduct investigations, before the grand juries in the various counties of said circuit, whether the question involved is one of commitment, or prosecution, or indictment, as the solicitor-general himself might have under the general law. Authority. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, That said assistant solicitor-general shall be paid a salary of two hundred ($200.00) dollars per month by Bibb County, in said circuit, said salary to be paid in monthly installments of two hundred ($200.00) dollars each by the fiscal authority of Bibb County, upon the conclusion of each month's service. Salary.

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Section 5A. It is the intent of this Act that all of the salary and/or compensation of the assistant solicitor-general of the Macon Judicial Circuit shall always be borne by the County of Bibb and in no event shall either of the counties comprising the Macon Judicial Circuit, other than Bibb County, be required to pay any part of the salary or compensation of such assistant solicitor-general of said circuit. Payable by Bibb County. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, That said assistant solicitor-general may be removed from office at any time by the solicitor-general of said circuit, by and with the consent of the judges of the Superior Courts of said circuit, or either of them, with or without cause, as the solicitor-general and the said judge or judges may determine. Removal from office. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, That, in the absence of removal of said assistant solicitor-general, he shall have a term of office concurrent with the term of office with the person appointing him, as solicitor-general, or his successor in office. Term of office. Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by the said authority, That all laws and parts of laws in conflict with this Act, be, and the same hereby are, repealed. Approved March 23, 1937. OCONEE CIRCUIT REPORTER'S PAY. No. 273. An Act to provide additional compensation for the official stenographic reporter of the Superior Courts of the

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Oconee Judicial Circuit of Georgia, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, in addition to the compensation already provided for the official stenographic reporter of the Superior Courts of the Oconee Judicial Circuit of Georgia, that such stenographic reporter shall be paid, in the discretion of the presiding judge, the sum of fifteen ($15.00) dollars per day for attending court each day the court shall be in session for the trial of civil cases before a jury, and for each day he shall be required by the presiding judge to attend the court for the disposition of criminal cases without a jury; to be paid on the order of the preciding judge as provided by Section 24-3104 of the Penal Code. Pay per diem. Section 2. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. TIFTON CIRCUIT SALARY FIXED. No. 310. An Act to amend An Act to abolish the fee system now existing in the Superior Courts of the Tifton Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore, and hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office; etc., approved February 22, 1933 (Georgia Laws, 1933, pages 819-825), by amending Section 2 of said Act so as to change and fix the salary of the solicitor-general of the Tifton Judicial Circuit, and so as to

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provide and fix the portions of such salary which shall be paid by the respective counties composing said circuit; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, as follows: Section 1. That Section 2 of An Act to abolish the fee system now existing in the Superior Courts of the Tifton Judicial Circuit, as applied to the office of solicitor-general, and all fees now, heretofore, and hereafter accruing to the office of solicitor-general in said circuit, in so far as the same constitutes the compensation attached to said office; etc., approved February 22, 1933 (Georgia Laws, 1933, pages 819-825), be and the same is hereby amended by striking in its entirety the first sentence of said Section 2, which sentence begins with the words, The salary of the solicitor-general, and ends on page 821 of the published Act with the words, and so on according to each succeeding official Federal census, and by substituting in lieu of such stricken sentence the following: Section 2. The salary of the solicitor-general of the Tifton Judicial Circuit shall be the sum of three thousand six hundred ($3,600.00) dollars per annum, in addition to the salary of two hundred and fifty ($250.00) dollars 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 two hundred and fifty ($250.00) dollars per annum shall be paid out of the general treasuries of the various counties composing said circuit, in the following respective sums and proportions: Act of 1933 amended. Salary. Worth County $1,200.00 per annum. Counties' portions. Tift County $1,200.00 per annum. Turner County $ 600.00 per annum. Irwin County $ 600.00 per annum.

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Section 2. This Act shall go into effect and become operative on and after the first day of April, 1937. Effective date. Section 3. All parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. WESTERN CIRCUIT REPORTER'S PAY. No. 319. An Act to provide for the fixing of the compensation of the official court reporter of the Superior Courts of the Western Circuit of this State; to provide for his attendance at all terms of said courts, unless excused by the judge; to provide that said reporter shall report all cases in which a county within said circuit is a party, when directed to do so by the judge, without expense to said county; to provide that said reporter shall take down the charges to the juries in all misdemeanor cases tried in said courts when directed to do so by the judge; said compensation to be in lieu of fees and per diem now allowed said reporter for his attendance upon said courts, but not to affect his compensation in civil cases nor his compensation for transcribing records in criminal cases as now provided by law; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the approval of this Act, the compensation to be paid the official court reporter of the Superior Courts of the Western Circuit for his attendance upon the sessions of said courts, and in lieu of the per diem now allowed by law, shall be fifteen hundred ($1,500.00) dollars per annum, to be appropriated among the counties comprising said Western Circuit as follows: Clarke County, seven hundred and twenty ($720.00)

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dollars; Walton County, six hundred ($600.00) dollars; and Oconee County, one hundred and eighty ($180.00) dollars. Salary. Counties' portions. Section 2. Be it further enacted by the authority aforesaid, That said compensation shall be paid quarterly out of the treasuries of said counties on the first Tuesdays in January, April, July and October of each year. Payable quarterly. Section 3. Be it further enacted by the authority aforesaid, That it shall be the duty of said court reporter to attend all sessions of the Superior Courts in said circuit, unless excused by the judge thereof, and shall report the evidence and the charge of the court in all felony cases tried in said courts. Duties. Evidence. Section 4. Be it further enacted by the authority aforesaid, That it shall be the duty of said court reporter to take down the charges of the judge to juries in all misdemeanor cases when directed to do so by the judge. Charge to jury. Section 5. Be it further enacted by the authority aforesaid, That it shall be the duty of said reporter to report all cases in which any county of said circuit may be a party, when directed to do so by the judge, without any expense to said county. No pay in county cases. Section 6. Be it further enacted by the authority aforesaid, That the compensation provided herein shall be in lieu of the per diem now allowed by law for attendance upon the courts of said circuit and taking down the evidence and charge of the court in criminal cases, but shall not affect his compensation in civil cases nor his compensation for transcribing records in criminal cases as now provided by law. Compensation in civil cases. Section 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 24, 1937.

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PART III.CORPORATIONS.

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TITLE I. MUNICIPAL CORPORATIONS. ACTS. Albany Election Referendum. Americus Charter AmendmentsReferendum. Athens Charter Amendments. Athens Pension Fund. Atlanta Charter Amendments. Atlanta OfficersVacancies. Atlanta Pension to Mrs. Cook. Atlanta TaxesWater Charges. Augusta Mayor's Tenure. Boston Conveyance for School. Bowdon Charter Amendments. Brunswick Charter Amendments. Brunswick Street or Road Duty Tax or Tax Not Required. Buford Charter Amendments. Butler Registration of Voters. Cairo ElectionsRegistration. Cairo Electricity Powers. Cartersville City Charter. Cedartown City Charter. Cedartown Water and Light Notes. Charles City Charter. Chatsworth Real Estate. Chauncey Prisoners. Colquitt Charter Amendments. College Park City ManagerReferendum. College Park ElectionsVoters. Columbus Pension System. Columbus Territory Extended. Cordele Territorial Limits. Cornelia Water SystemSales. Covington CommissionReferendum. Covington Elections. Dalton City Officers. Dalton School-Tax Referendum. Dawson Business-License TaxStreets. Dawson School Commissioners' Pay.

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Demorest Charter Amendments. Douglasville Charter. Dublin Charter. Dublin MayorRepealing Act. Eastman Charter. East Point Liquor Regulation. East Thomaston Territorial Limits. Flowery Branch Charter. Forsyth Light and Water SystemElection As to Sale. Gainesville Charter Powers. Griffin Charter Amendments. Griffin Street-Tax Referendum. Hapeville Charter Amendments. Homerville City Charter. Jonesboro Charter Amendments. Lavonia Candidates for Office. Macon ElectionsAuditorium. Macon Fire EmployeesHours. Macon Retirement Pensions. Macon Water CommissionersHospital Commission. McIntyre Territory Referendum. Midville Taxing Powers. Milledgeville School-Tax Referendum. Moultrie City Charter. Newnan Charter Amendments. Perry City Charter. Quitman Board of Education. Rome Charter Amendments. Savannah Armstrong College Commission. Savannah Board of Education Pension System. Savannah Taxing Powers. Soperton RecorderOffice Created. Sylvania StreetsPowers Conferred. Tallapoosa School SystemTaxation. Taylorsville Town Charter. Thomaston Territorial Limits. Thomasville Charter AmendmentsReferendum. Tifton Charter Amendments. Tybee Charter Amendments. Valdosta Educational Tax Allocation. Valdosta Tax Appraisers. Valdosta TerritoryAirport. Warrenton Candidates for Election. Warrenton Marshal's Election. Waycross CommissionersReferendum. Waynesboro ElectionVoters. Waynesboro Water, Electricity, Sewerage. Woodville Charter Amendments.

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ALBANY ELECTION REFERENDUM. No. 104. An Act amending an Act creating and establishing a new charter of the City of Albany, Georgia, approved August 18, 1923, as amended (Acts 1923, pages 370 et seq., Acts 1924, pages 379 et seq.), so as to prescribe the method of election of the mayor by the people, who shall be also a member of the board of city commissioners, enlarging his powers and duties; to provide that all officers and employees elected by the board of city commissioners shall be for a term of two years, subject to removal after notice for cause, by the commission; to provide for holding an election to determine said questions; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Georgia Laws 1923, pages 370, et seq.), as amended (Georgia Laws 1924, pages 397, et seq.), be and the same is hereby amended as follows, to wit: Acts of 1923 and 1924 amended. By striking the following parts only of Section 3, of said new charter for said City of Albany, reading as follows, to wit: Parts of Sec. 3 stricken. That the municipal government shall consist of a board of seven commissioners, one to be elected from each of the five wards of the city as said wards now or may hereafter exist, by the voters of the respective wards, and two commissioners to be elected from the city at large by the voters of said city at large, and such other officers, servants and agents in addition to those hereinafter enumerated, as the board of city commissioners may lawfully employ and elect.

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(d) The board of city commissioners shall organize on the second Monday in January, 1924, and at said organization and on the second Monday in January thereafter, shall elect one of its members as mayor for a term of one year. If after five days from said meeting the board is unable to agree upon a mayor, then such mayor shall be selected from all of the members by lot conducted by the ordinary of Dougherty County, and inserting in their lieu and stead, and substituting and enacting the following, to wit: That the municipal government shall consist of a mayor, who shall be also a member of the board of city commissioners, who shall be elected from the city at large by all the voters of said city, one commissioner to be elected from each of the five wards of the city as said wards now or may hereafter exist, by the voters of the respective wards, and one commissioner to be elected from the city at large by the voters of said city at large, who shall, by virtue of his office, be mayor pro tem, all of said commissioners, including said mayor-commissioner, to hold office for a term of two years from the second Monday in January in each year next following the dates of their election, and until their successors are elected and qualified, and such other officers, servants and agents in addition to those hereinafter enumerated, as the board of city commissioners may lawfully employ and elect. The first election under the terms of this Act to be held the first Monday in December, 1937, under existing election laws, and present and existing City of Albany charter regulations and laws which are hereby continued in full force and effect. The mayor shall preside at all meetings of the commission, and in addition to all other duties heretofore given him or imposed upon the office of mayor by charter authority of the General Assembly of Georgia, and/or municipal ordinance of the Board of City Commissioners of the City of Albany, Georgia, shall have a voice in all proceedings

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before the board, and shall have a vote in each and all matters and proceedings whatsoever, but no veto. He shall have all rights, powers and privileges now or hereafter conferred by law, charter, or valid municipal ordinance as said mayor and/or commissioner. The board of city commissioners shall organize on the second Monday in January, 1938, and at said organization and on the second Monday in January every two years thereafter, shall, by resolution declare the mayor, elected from the city at large by the voters of said city, to be the mayor of said City of Albany for a term of two years, and until his successor is elected and qualified. In the event that a member of the board of city commissioners shall be elected mayor the first Monday in December, 1937, or at any election for mayor thereafter, he shall resign the said position as such commissioner so held within 30 days after being elected mayor-commissioner, as aforesaid. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the act creating and establishing a new charter of the City of Albany, Georgia, approved August 18, 1923 (Georgia Laws 1923, pages 370 et seq.), as amended (Georgia Laws 1924, pages 397 et seq.), be and the same is hereby amended as follows, to wit: By striking the following only from Section 3 of said new charter, reading as follows, to wit: (i) On the second Monday in January, 1924, the board of city commissioners shall elect (1) a city manager, (2) a city attorney, (3) a city clerk and city treasurer (which offices of city clerk and treasurer shall be performed respectively by one and the same person), (4) a chief of the fire department, (5) a marshal or chief of police, and (6) a city physician, and, either at that time or thereafter at their pleasure may

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elect (7) a police court recorder, and all of said offices shall be for a term of each fiscal year and until their successors are elected and qualified. But all incumbents shall be subject to removal with or without cause or notice at the pleasure of the commissioners, and inserting in its lieu and stead, and substituting and enacting the following, to wit: Part of Sec. 3 stricken. On the second Monday in January, 1938, the board of city commissioners shall elect (1) a city manager, (2) a city attorney, (3) a city clerk and city treasurer (which offices of city clerk and treasurer shall be performed respectively by one and the same person, (4) a chief of the fire department, (5) a marshal or chief of police, and (6) a city physician, and, either at that time or thereafter at their pleasure, may elect (7) a police court recorder, and all of said offices, and all officers, agents and employees, now or hereafter elected by the said board of city commissioners, especially the members of the police and fire departments, shall be for a term of two years, and until their successors are elected and qualified. But all incumbents shall be subject to removal, after 24 hours written notice of the nature of the charge, and for just cause, after a public hearing before the board of city commissioners, and only on a majority vote of the members of said board of city commissioners. The right of the accused to representation by counsel and right to list of witnesses on whose testimony charge is based, is preserved. The right of certiorari from the decision and judgment of said board shall exist in all cases, and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. All incumbents heretofore elected by the board of city commissioners and now in office at the date of the passage of this Act, or elected or appointed by the board of city commissioners after the passage of this Act, and prior to the second Monday in January, 1938, shall be, and they are hereby continued in office, under all

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the terms and provisions of this Act, and until their successors are elected and qualified. Officers to be elected. Subject to removal. Rights preserved. Incumbents continued. Section 3. Be it further enacted by the authority aforesaid, That before this Act shall become effective, the same shall be submitted to the qualified voters of Dougherty County, residing within the territory included within the limits of the City of Albany, at an election to be held on the 15th day of April, 1937; said election shall be held in the same manner, at the same place or places, and under the same authority and rules as are all city elections, and in like manner shall the result be declared. All citizens of the City of Albany, Georgia, who are 21 years of age, and who reside within the City of Albany, Georgia, and who are qualified under the law to vote, shall be entitled to vote in said election. Those desiring to vote for the election of mayor by the people shall have printed or written on their ballots the words For election of mayor by peopleCharter Amendment 1937, and those desiring to vote against the said charter amendment shall have printed or written on their ballots the words, Against election of mayor by peopleCharter Amendment 1937. If a majority of those voting in said election shall vote in favor of said amendment, then the same shall immediately take place and be in full force and effect. The present mayor and all members of the board of city commissioners now in office to continue in and to hold said offices until the first meeting in January, 1938, and until their successors are elected and qualified, under present election laws and Albany Charter, and all valid amendments thereto. In the event a majority of those voting in said election shall vote against said amendment, then and in that event this Act is of no effect. Submission to voters. Ballots. Incumbents continued. Section 4. Be it further enacted by the authority aforesaid, That all laws or parts of laws expressly in conflict with this Act be and the same are hereby repealed.

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Section 5. Be it further enacted by the authority aforesaid, That except as expressly amended by the provisions of this Act, the new charter of the City of Albany, Georgia, Act approved August 18, 1923, Acts 1923, pages 370 et seq., and all amendments thereto, remain in full force and effect, and re-enacted. Charter provisions not affected. Approved March 5, 1937. AMERICUS CHARTER AMENDMENTSREFERENDUM. No. 281. An Act to amend the charter of the City of Americus, approved August 11, 1889, and all Acts amendatory thereof; to provide that the corporate name shall be changed from the Mayor and City Council of Americus to the City of Americus; to provide for the election of a mayor and four commissioners for the City of Americus in lieu of the present mayor and City Council of Americus; to provide for the continuance in office of the present mayor and aldermen of Americus, until the next regular election; to provide the manner of election of the mayor and commissioners, fix their qualifications, compensation, term of office, powers and duties; to provide for the choosing of a city manager by said mayor and city commission and to prescribe his qualifications, compensations, powers, duties and term of office; to provide for the continuance in force and operation of the present charter of the City of Americus, as amended, with the exception as herein changed; to provide for the continuance in force and operation of all ordinances, heretofore adopted by the mayor and City Council of Americus and now in force in the City of Americus; to provide for a referendum for the ratification of this Act,

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by the voters of the City of Americus, 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 a certain Act, approved November 11, 1889, found in Georgia Laws, for that year, page 961, entitled, An Act to amend, revise and consolidate the several Acts, granting corporate authority to the City of Americus, etc., together with all Acts amendatory thereof, be and the same are hereby amended in the following particulars: Act of 1889 amended. Section 1. That in lieu of the mayor and City Council of Americus, there is hereby created and established a city commission of five citizens, which shall be known as the mayor and city commission; Provided, however, that should this Act be ratified, as herein provided, before the next general election, the present mayor and City Council of Americus, consisting of a mayor and six aldermen, shall compose said commission, until said next general election, at which only two citizens shall be elected, for a term of two years, on said city commission; and at next election thereafter, a mayor and two commissioners shall be elected. Said commission is hereby given all powers, rights and authority heretofore vested in the mayor and City Council of Americus, except as is otherwise provided in this Act. Mayor and city commission. Incumbency until election. Section 2. The five commissioners, herein named and created, shall be elected by the people; that is, the qualified voters in the City of Americus, one to be chosen as mayor, who shall be chairman of said commission, at an election held in said City of Americus, on the first Tuesday in December of each year; at the first election to be held, under this Act, two commissioners shall be elected for a term of two years, and at the next general election, a mayor and two commissioners shall be elected for a term of two years. Upon the ratification of this Act, by the voters of the City of Americus, the then mayor and City Council of Americus

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shall constitute the mayor and city commission, until the next regular election, and the mayor and City Council of Americus, as constituted and existing, under the present charter of Americus, shall then be hereby abolished and lawfully succeeded by the mayor and city commission herein created and provided. Elections and terms of office. Section 3. That the mayor and city commission, chosen under this Act or becoming commissioners under this Act, shall assume office at the same time, as now provided by the charter of the City of Americus; and said mayor and commission shall qualify and be inducted into office in the same manner as the mayor and city council are now qualified and inducted into office; and the words, Mayor and City Commission, being used, instead of Councilmen or Mayor and City Council, wherever necessary to carry this into effect. Qualification, etc. Section 4. In the event there should be a vacancy in the office of mayor of said city, then the members of the city commission shall elect one of their members as mayor, who shall discharge the duties as mayor, until said place is filled by election, as provided herein. Vacancy. Section 5. That the mayor and each member of the city commission shall receive the same compensation for his services, as now provided in the charter of the City of Americus for councilmen. The salary of the mayor for the balance of the year 1937 shall be the same as now provided; that beginning with the year 1938, the mayor shall receive the same salary as members of the city commission; Provided, however, that in addition to the duties of mayor, said mayor shall discharge the duties of recorder in the Police Court, and for such service, he shall receive a salary payable monthly, to be fixed by the city commission, not exceeding a total sum of..... ($) dollars per year; Provided further that this provision shall not affect the office of recorder for the

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year 1937; the present recorder shall discharge the duties of that office for the year 1937. Salaries. Recorder's duties. Section 6. Said mayor and city commission shall be vested with all the powers heretofore vested in the mayor and City Council of Americus, except as otherwise provided in this Act. They shall have full authority to pass ordinances, levy taxes, make appropriations, fix license fees, and shall have all the rights and powers heretofore given the mayor and City Council of Americus, except as otherwise provided in this Act; and the mayor shall have all the powers and authority heretofore vested in the mayor, except as otherwise provided in this Act. Powers. Section 7. That the said mayor and city commission shall, within 30 days, after their qualification, select and appoint a city manager, which office in the City of Americus is hereby expressly created, which city manager shall be chosen without regard to residence or political affiliations, and shall be the administrative head of the municipal government. He shall have his salary fixed by the mayor and city commission and shall hold office only at the pleasure of the mayor and city commission, and be subject to removal at any time without notice or statement or proof or cause. He shall be selected with due regard to his experience and fitness for handling big business in an efficient and economical manner, and shall be directly responsible to the mayor and city commission for the efficient and economical conduct of all city departments. During his absence or disability, the mayor and city commission may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be as follows: City manager. Salary. How selected. Substitute in absence. (a) To see that all laws and ordinances of said city are enforced. Duties and powers. (b) To exercise control over all departments and divisions of the city now created, or which may hereafter be

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created by the commission, except as herein otherwise provided. (c) To attend all meetings of the commissioners, with the right to take part in all discussions, but having no vote. (d) To recommend to the commissioners for adoption such matters as he may deem necessary and expedient. (e) To prepare and submit to the commissioners at such time as they may request, or at least yearly without any request, an annual budget, setting out the probably needed expenditures in all departments of the city for the ensuing year, and in the preparation of such budget the said city manager shall faithfully and honestly strive in keeping with the real needs of the city to recommend the needs for such expenditures as will enable a reduction in city taxes to be made. (f) To keep the commissioners fully advised as to the financial condition and needs of the city. (g) To supervise and direct the official conduct of all appointive officers and employees except as otherwise herein provided. (h) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of materials and supplies used by the city under competitive bids and under such rules and regulations as the commission may adopt. (i) To appoint and discharge, or fix the salary of all officers and employees in all departments except as herein otherwise provided in this Act; Provided that all such terms of employment shall be only at the pleasure of the city manager. Definite terms of employment for longer than six months shall be subject to the approval of the commission. All such appointments shall be made upon

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merit and fitness alone. Provided further that in the choice of employees for the city, all things being equal, bona fide residents of the City of Americus shall be given preference, and in positions requiring special skill and knowledge in any department only, technical employees shall be chosen for such positions, including the naming of a practical plumber as plumbing inspector. (j) To perform any other additional duties, not inconsistent with those named herein, that the city commission may by ordinance or resolution prescribe. Section 8. That the heads of departments for the City of Americus shall be: Clerk and treasurer; city marshal; superintendent of waterworks; chief of police; chief of the fire department; city attorney; chief of the health department; and such other departments that may be created by the mayor and city commission; and the mayor and city commission may consolidate any of said departments. The mayor and city commission shall fix the salaries of the heads of all departments; while the salary of employees in said departments shall be fixed by the city manager, the said mayor and city commission are authorized to revise or change the salary so fixed by said city manager. Section 9. The city commission shall each year cause to be printed in the official organ, selected by said city commission, a detailed, itemized synoptic statement of the receipts and disbursements of the city and the summary of its preceding year. Financial statement. Section 10. Be it further enacted by the authority aforesaid, That the mayor and city commission may require the said city manager to come before them at any time and answer questions either orally or in writing, and may require from said city manager, at any time they see fit, written reports upon any matter involving the city that they may deem proper, and the city manager shall report weekly

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to said mayor and city commission his general actions and doings, and shall regularly at stated intervals, at least quarterly, file full and complete reports of the various departments of the city. All such reports shall be filed with the city clerk and by him brought thereafter to the attention of the mayor and city commission at their first regular meeting thereafter. Reports by manager. Section 11. Be it further enacted by the authority aforesaid, that the said city manager shall devote his entire time to his office as city manager, and the mayor and city commission shall devote as much of their time as may be necessary. The mayor and city commission shall meet at least twice a month at stated intervals, and shall hold their meetings in public except when they deem an executive session expedient; and said mayor and city commission shall keep reports of their meetings and shall record all their actions, the city clerk being hereby named the official secretary of the mayor and city commission and charged with the duty of attending and keeping the minutes of all meetings of said commission, which record and minutes shall be open to the inspection of the general public in the office of said city clerk in the City Hall at all reasonable hours. All votes shall be taken by aye and no and shall appear on the minutes. The mayor and city commission shall be required to meet in special session as often as any three of the city commission, or the city manager may request. Special meetings of the commission shall be called by the mayor or the necessary commissioners, or the city manager, filing a written request for the same with the city clerk, stating the time for the said meeting. Upon such notice being filed with the city clerk it shall thereupon be the duty of said clerk to serve notice upon the mayor and every member of the city commission, and also the city manager, whose names are not attached to the request for said meeting to be called, and such notices may be served in person, by writing, or by telephone, upon such commissioners

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who may be found in the city limits of Americus, and upon said clerk being unable to locate any of such commissioners in persons, he shall leave a written notice of such meeting at such commissioner's usual place of business or residence, and shall enter and certify to such facts as to any absent commissioners on the minutes of said special meeting. The same requirements as to notice to commissioners shall also apply to the city manager. Time devoted. Meetings. Minutes and records open to inspection. Special sessions. Notice. Section 12. The mayor and city commission shall elect one of the commissioners chairman pro tem. who may exercise the duties of the chairman in case of the mayor's absence or inability to act for any reason. Vacancies in such appointment shall be filled by the mayor and city commission for the unexpired term. In case of a vacancy in the office of mayor or any commissioner, the mayor and city commission shall call an election to fill such vacancy under such provisions as are now in force relative to filling vacancies on the council of said city. Chairman pro tem. Vacancy in office. Section 13. Be it further enacted by the authority aforesaid, That neither the mayor or any commissioner shall, before going into office, promise any person to appoint him to office or promise to vote for such person or any other person to office, or agency, or employment under the city. For the violation of this provision the said commissioner or mayor so offending shall be ineligible to hold the office of commissioner and may be removed after qualification and be liable to be punished upon conviction as for a misdemeanor. Forbidden promises. Section 14. Be it further enacted, That the corporate name under this Act shall be the City of Americus, instead of the Mayor and City Council of Americus; and all contracts and obligations, existing under the charter in force at the time of the passage of this Act, shall be and are preserved and become the obligation of the City of Americus. Corporate name.

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Section 15. Be it further enacted, That the mayor, who is chairman of the city commission, shall discharge the duties of recorder, as now provided by the charter of the mayor and City Council of Americus, and shall perform all duties and have all authority and power in reference to the Police Court of the City of Americus, as may now exist or may hereafter be provided for; that said mayor of said City of Americus, for his services rendered as recorder, shall be paid monthly out of the funds of the City of Americus, not exceeding the maximum salary fixed in Section 5 hereof, the sum of..... ($) dollars. Before entering upon the discharge of the duties of the said office of recorder, the said mayor of said city shall take and subscribe to the following oath: I do solemnly swear that I will uphold the Constitution of the United States and the Constitution of the State of Georgia; and that I will fearlessly enforce and respect all ordinances of the City of Americus, and administer justice without fear, favor or partiality to any person, to the best of my skill and ability, so help me, God. Which oath shall be signed by said mayor and filed in the office of the city clerk. Mayor as recorder. Monthly pay. Oath. Section 16. Be it further enacted, That should this Act become effective during the year 1937, the officers and employees of said City of Americus, elected and employed by the mayor and City Council of Americus, for the year 1937, shall continue in office at the same salary until the expiration of the term, to which they were elected, appointed, or employed, subject to removal or discharge under the existing charter and ordinances of the City of Americus. Incumbents continued. Section 17. The said mayor and the city commission shall elect, within 30 days from the time that this Act becomes effective, a chief of police (and such other policemen as may be found to be necessary), who shall hold office at the pleasure of said mayor and city commission; said mayor and city commission shall fix the salary of the chief

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of police (and other policemen as may be elected); and said mayor and city commission shall prescribe by ordinance the duties, powers and responsibility of such officer and employees of the police department. The police department shall cooperate with the city manager in every way, for the efficient conduct of every city department. Police department. Section 18. Said mayor and city commission shall have authority to direct the management and control of the chief of the fire department, who shall be chosen by the mayor and city commission and shall have such salary as may be fixed by the mayor and city commission, and shall serve at the pleasure of said mayor and city commission. All other officers and employees in the fire department for said city shall be chosen by said commission, on recommendation by the chief of said department. Fire department. Section 19. The city manager shall be purchasing agent for the city, by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the mayor and city commission may by ordinance prescribe. In the capacity of purchasing agent for the city he shall conduct all sales of personal property of the city, which the mayor and city commission may authorize to be sold and which may have become unnecessary or unfit for the city's use. The mayor and city commission shall prescribe rules and regulations for the purchase of supplies under competitive bids and the city manager shall be governed thereby. Provided, that the mayor and city commission may by ordinance prescribe who shall sign vouchers for the paying out of the city funds and under what rules and regulations. Purchases. Sales. Supplies. Section 20. No member of the city commission, the city manager, nor any official or employee of the city, shall be directly or indirectly interested in any contract, job, service with or for the city, nor in the profits or emoluments thereof,

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nor in the expenditures of any money on the part of the city (except their own salaries from the city) and any contract on the part of the city which violates this section may be declared null and void by said commission. Contract interest unlawful. Neither the mayor, nor any member of the city commission, the city manager, or any other officer or employee of the city, shall knowingly accept any gift, frank, pass, free ticket, or other emolument from any person, firm, or corporation, operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Provided that this section shall not be construed to prevent officers and employees of the police or fire department from entering any premises in the discharge of their official duties, or from preventing the acceptance by any official or employee of railroad passes, express or telephone and telegraph franks and show tickets or passes, to which they are entitled legally otherwise and not received as officials or employees of the city. Forbidden gifts, etc. Proviso. Neither the city manager, nor any other official or employee of any department under him shall take any part, or contribute any money, toward the election or nomination of any person as commissioner of said city, except to answer such questions as may be put and that they may desire to answer. Any violation of this section shall subject the offender to removal from office. Election participation. Section 21. The mayor and city commission herein created, or any committee thereof, shall have the power at any time to cause the affairs of any department to be investigated, or the conduct of any official or employee of the city to be investigated, and for such purposes shall have full authority to summon witnesses, compel the production of books and papers, or other documents, and for that purpose may issue subp[oelig]nas which shall be signed by the

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mayor, or of the committee making the examination, and any person refusing to respect such subp[oelig]nas or the orders of the said investigating body in reference to making said investigation, shall be guilty of contempt, and shall be punished the same as for contempt of the recorder's or police court of the city. Investigation of affairs. Evidence. Section 22. All vested rights of the city shall continue to be vested, and shall not in any manner be affected by the provisions of this Act, nor shall any right or liability, or pending suit or prosecution by or against said city be in any manner affected by this Act but shall survive. All contracts entered into by the city shall continue until lawfully terminated, and all public work begun prior to the taking effect of this Act shall continue until lawfully terminated or completed. Vested rights. Section 23. That all suits and actions for the City of Americus shall be in the name of the City of Americus; and all actions brought against the City of Americus shall be against the City of Americus; and service of any such suit may be perfected upon said city, by serving the mayor or any of the commissioners (or in his absence, upon any member of the commission). That all of the provisions of the charter of the City of Americus, as amended and now in force, are continued in force, as effectively as though said charter provisions were expressly written herein, with the further power and authority to exercise the right of eminent domain, when necessary to acquire lands, for the public use, in the event such lands cannot be acquired by purchase. That all ordinances now of force in the City of Americus, passed by the mayor and City Council of Americus, be and they shall continue in force, until altered, amended or repealed by the mayor and city commission herein. Suits. Service. Charter provisions of force. Ordinances. Section 24. Be it further enacted, That the provisions of this Act shall go into effect, when the same shall have

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been ratified by the registered voters of the City of Americus, qualified to vote at any election. Said election to be held within 30 days from the passage of this Act, under the same terms as elections are now held for the election of a mayor and city councilmen of Americus; notice of which election shall be published in the official organ of said City of Americus. The ballots shall be furnished by the mayor and City Council of Americus, to the voters, for said election, and shall have printed thereon: For Commission City Manager Form of Government and also the words: Against Commission City Manager Form of Government. The voters shall erase or draw a line through the wording, which does not express his or her choice. In the event a majority of the ballots cast in said election shall be for commission city manager form of government, then this Act shall be deemed ratified and be in full force and effect. In the event said mayor and city council should refuse or fail to call or hold said election for the ratification of this Act, then this Act shall be deemed ratified and become effective and enforcible. Upon the ratification of this Act, as herein provided, it shall take effect and the present mayor and city council shall then become the mayor and city commission, as provided herein. Submission to voters. Ballots. Section 25. Be it further enacted, That all laws or parts of laws in conflict herein be and the same are hereby repealed. Approved March 23, 1937. ATHENS CHARTER AMENDMENTS. No. 344. 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). Said

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Act providing for an amendment to the charter of the mayor and council of the City of Athens, authorizing the mayor and council of the City of Athens, to establish and maintain a fund for the payment of pensions to the officers and employees of the City of Athens, and to invest said fund in their discretion and further authorizing the mayor and council of the City of Athens, to contribute to said fund and call upon the officers and employees of the City of Athens, for contributions to said funds in an amount to be determined by the mayor and council of the City of Athens, and to provide upon what terms the officers and employees shall be entitled to a pension hereunder and the amount thereof and for other purposes: And further to amend the Act of 1935, Page 876, which said Act amended the original charter of the Town of Athens, approved August 24, 1872, and the various Acts amendatory thereof, so as to provide for assessments for street, curbing and side-walk paving, and provide a hearing by the abutting property owners, 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, with the subsequent Acts of the General Assembly, amending the said Act of August 24, 1872, and the charter thereby granted, is hereby amended as follows: Act of 1872 amended. (A) The mayor and council of the City of Athens shall have the right to establish a pension system for the officers and employees of its various departments, upon such terms and conditions as said mayor and council of the City of Athens shall deem proper. Pensions for officers and employees.

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Section 2. Be it further enacted: The third paragraph of Section 1, of the Act of 1935, approved March 25, 1935, amending the charter of the mayor and council of the City of Athens, said Act appearing in the Acts of 1935, beginning on page 876 and ending on page 880, is hereby repealed. Act of 1935 amended. Section 3. In lieu thereof, there shall be inserted a new paragraph to be a part of said Section 1 and in place of said repealed Paragraph 3, reading as follows: The assessment against each of said abutting property owners shall be made up by the city engineer of said City of Athens, upon the completion of the paving, as herein provided for, and said assessment sheet shall be filed with the clerk of the mayor and council of the City of Athens, and shall be open to inspection by the public. Paving assessments. Upon said assessment sheet being filed with said clerk, it shall be the duty of said clerk or city attorney to notify said abutting property owners by unregistered U. S. Mail, addressed to the last known address of said property owners and after said notices have been mailed to said abutting property owners, of the amount so assessed against them, and after the expiration of fifteen days, after the mailing of said notice, the assessment shall be final and complete, both as to validity and amount of assessment. Provided, that within said fifteen days, and abutting property owner may file his objections to the validity or the amount of said assessment. Said objections to be in writing signed by the abutting property owner or by his authorized agent setting out objections in detail. Notices by mail. Objections. Said objections to be filed with the clerk of this body within said fifteen days. In case of any such objections, the same shall be considered an appeal to the mayor and council of the City of Athens, who shall hear said objections at

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their next regular meeting, and at said meeting any objector will have the right to appeal and offer evidence or legal objection to said mayor and council. The decision of the mayor and council of the City of Athens, on all questions of fact shall be final, with the right to appeal by certiorari to the Superior Court on all questions of law. Time for filing. Hearing and decision. Upon the failure of any property owner to pay his said assessment when due hereunder, execution shall issue in the name of the mayor and council of the City of Athens, against said abutting property owners and their property for such sums as may be due with accrued interest, for such paving or improvements including curbing as are made by virtue of this Act, and the said mayor and council of the City of Athens, shall have the right to enforce the payment of such execution by levy and sale, the execution to be issued and the sale thereupon to be conducted as in the case of issuance of executions and sale for city taxes, and the purchaser at said sale shall acquire the same rights as the purchaser of a sale conducted upon the law providing for the enforcement of tax executions issued by the mayor and council of the City of Athens. Enforcement by execution levy and sale. Rights of purchaser. In case said execution is made payable over a period of years as provided for in this Act, the failure to pay any annual installment when due, shall make the entire execution immediately due, collectible and enforceable. Default in payment. Section 4. If any part or parts of this Act are declared unconstitutional, the validity remaining portion of this Act shall in no wise be affected as to the constitutionality, validity or effect. Constitutionality. Section 5. All Acts and parts of Acts in conflict herewith, are hereby repealed. Approved March 26, 1937.

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ATHENS PENSION FUND. No. 347. An Act to amend an Act of the General Assembly of 1884-1885 and on page 603 of said Act; providing for the establishment and powers of the board of education of Athens, Georgia, giving said board of education of Athens, Georgia, additional powers to establish and maintain a pension fund to provide pensions for superintendent, teachers and other employees of the public schools of Athens, Georgia, and to further empower said board of education to make contributions to said pension fund and for contributions from said superintendent, teachers and other employees; and to invest said fund in the discretion of said board of education, and to further provide when such superintendent, teachers and other employees shall be eligible to such pension and the terms and conditions of said pension; 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 Georgia, and it is hereby enacted by authority of the same that the Act of the General Assembly of Georgia, of 1884-1885 and on page 603 of said Acts is amended as follows: Act of 1885 amended. (A) The board of education of Athens, Georgia, shall have the right to establish a pension system for the superintendent, teachers and other employees of said board of education upon such terms and conditions as they may determine, and to further have the right to call upon the mayor and council of the City of Athens, for such funds as they shall deem necessary and proper as a contribution to the pension fund as they may deem proper; and to further determine in what proportion the superintendent, teachers and other employees of the board of education of Athens, Georgia, shall contribute to said fund. Pension system. Contributions.

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Section 2. The establishment of such system, and the terms thereof, shall be subject to the approval of the mayor and council of the City of Athens. Section 3. All Acts and parts of Acts in conflict herewith, are hereby repealed. Approved March 27, 1937. ATLANTA CHARTER AMENDMENTS. No. 467. 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: Act of 1874 amended. Section 1. That the charter of the City of Atlanta as found in Chapter 20, entitled PoliceBoard of Police Commissioners, and Section 343 to 360, inclusive, of said chapter be amended by adding at the end of said chapter the following new section: 360 A. All references and provisions for civil service as provided for the regular police force in the foregoing sections shall not be construed to refer to clerical help and laborers and assistants not employed as regularly constituted members of the police force of said city. Civil service. Section 2. Before any person shall be entitled to any hospital or charitable services rendered by the City of Atlanta, he shall be a bona fide resident of Atlanta or Fulton County for at least six months prior to the time of such

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hospital or charitable service is requested, provided, however, this residence provision shall not prevent one from receiving hospitilization for an illness or an injury growing out of an emergency and the superintendent of the hospital shall in his judgment determine what is an emergency case. Hospital charity. Emergency. Section 3. The engineer and secretary of the planning commission shall in the future be elected by the mayor and general council, and shall be elected for a term of three (3) years. Planning commission. Section 4. The present existing terms of the two recorders of the City of Atlanta are hereby extended one year. They shall hold their respective offices until the first Monday in January, 1940, or until their successors are duly elected and qualified. Their successors shall be voted on at the next general election of the City of Atlanta. Recorders' terms of office. Section 5. In any case where the tax assessors and receivers have knowledge or information that personal property which is subject to a lien for unpaid taxes is being removed or is about to be removed beyond the limits of the city, prior to the date on which executions can be issued, such tax assessors and receivers are authorized and empowered to issue, instanter, tax executions against the owner and said property about to be or being removed. Tax executions on removed property. Section 6. Section 46 of the charter of the City of Atlanta as embodied in Code City of Atlanta 1924 is amended by adding at the end of said section the following: City code amended. or, in the event the board of aldermen does not concur by reason of a tie vote, in the action of council, then by a majority vote of general council at its next meeting, general or special, so that such amended Section 46 shall read as follows: Section 46. Separate ActionIndebtednessExpenditure. In all votes, resolutions or ordinances having for

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their object the increase of the indebtedness of the city, or the expenditure of its revenue, except appropriations for the payment of its salaried officers, the councilmen representing the different wards, and aldermen representing the City at large, shall act as separate and distinct legislative bodies; and no vote, resolution or ordinance having for its object the increase of the indebtedness of the city, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the city, or the granting of franchises for street railroads or railways, or telephone companies or telegraph companies, or electric or gas companies, or any other similar franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the company seeking the franchise, shall be voted until the same shall have received a majority of the votes of a quorum of each of those legislative bodies, separately cast, or, in the event the board of aldermen does not concur by reason of a tie vote, in the action of council, then by a majority vote by general council at next meeting, general or special. Concurrence vote of council. Section 7. Section 48 of the charter of the City of Atlanta, as embodied in Code City of Atlanta, 1924, is amended as follows: by adding between the words of said section regular meeting, the words or special, and between the words meeting and the meeting, the words at which time if there is a tie vote on reconsideration, the provisions of Section 46 shall apply, so that said Section 48 as amended shall read: Section 48. Notice to reconsiderone aldermantwo councilmen. When any such vote or resolution is passed, any one alderman or two councilmen may give notice of a motion to reconsider, which motion in either case shall operate to delay the question until said consideration can be acted upon at the next regular or special meeting, at which time if there is a tie vote on reconsideration, the provisions

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of Section 46 shall apply. The meeting of said aldermen to be presided over by the mayor protein. and the city clerk shall keep the minutes as in meeting of general council. Vote on reconsideration. Section 8. The duly elected mayor shall be an ex-officio member of all standing committees of general council, boards, or commissions created by charter or ordinance, other than the board of education or any committee created by said board. Mayor as committeeman. Section 9. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. ATLANTA OFFICERSVACANCIES. No. 44. An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 20, 1874, and the several Acts amendatory thereof, by repealing the provisions of the charter of said city as embodied in Sections 427 and 429 of the Atlanta Code Supplement of 1936 and substituting in lieu thereof two new sections, to be known as Sections 427 and 429; 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 20, 1874, and the several Acts amendatory thereof, be and the same are hereby amended, as follows: Act of 1874 amended. Section 1. That the provisions of the charter of said city, as embodied in Section 427 of the Atlanta Code Supplement

Page 1501

of 1936, making it unlawful for any person to hold an office or position of trust or emolument, under the Federal, State, or county government, be and the same is hereby repealed and in lieu thereof, the following section is substituted, to wit: Repeal. Section 427. No person who holds an office elective or appointive under the Federal, State or county governments that requires regular hours of employment and from which a fixed remuneration is received for services of such office, shall be eligible to hold any office, elective or appointive under the City of Atlanta government, where such city office required regular hours of employment and from which fixed remuneration is received. New Sec. 427. Eligibility to office. Section 2. Be it further enacted that the provisions of the charter of said city, embodied in Section 429 of the Atlanta Code Supplement of 1936, prohibiting any member of council or any officer of said city from holding any other office or position of trust, honor or emolument under the Federal, State or county governments, be and is hereby repealed and in lieu thereof, the following section is substituted: Repeal. Section 429. If any officer, elective or appointive, in the city government accepts an office under the Federal, State or county governments that requires regular hours of employment and for which a fixed remuneration is received for services rendered in such office, the office held by such officer under the city government shall be declared vacant by the mayor and the general council. New Sec. 429. Vacancy in office declared. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 17, 1937.

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ATLANTA PENSION TO MRS. COOK. No. 421. 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 the 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: Act of 1874 amended. Section 1. The mayor and general council of the City of Atlanta may in its discretion provide for the payment of a pension to Mrs. W. H. Cook, widow of W. H. Cook, who was continuously employed as a member of the fire department for a period exceeding twenty-four (24) years at the time of his death in 1934. Such pension shall not exceed the sum now paid to widows of firemen, and shall be paid monthly installments for the duration of the life of said Mrs. W. H. Cook, or until she remarries. Pension discretionary. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 30, 1937. ATLANTA TAXESWATER CHARGES. No. 303. 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 Georgia, and it is hereby enacted by the 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: Act of 1874 amended. Section 1. The present provision of the charter of the City of Atlanta, embodied in Section 86 of the Atlanta Code of 1924 the last lines of said section, as follows: The same shall not exceed the sum of $300.00 be and the same is hereby stricken and in lieu thereof the following is hereby enacted: Shall be imposed in the discretion of the mayor and general council of said city, provided, however, other than as to licenses to sell beer, wine or intoxicating liquors, the business license fees shall not exceed $1,000.00 per annum, so that as amended said Section 86 shall read, as follows: City Code, Sec. 86. The mayor and general council shall have full power and authority to require any person, firm or corporation or company engaged in, prosecuting, or carrying on, or who may engage in, prosecute, or carry on any trade, business, calling, avocation, or profession, annually, and to require such person, company, or association to pay for such registration and for license to engage in, prosecute, or carry on such business, calling or profession aforesaid, such fee, charge, or tax, as said mayor and general council may deem expedient for the safety, benefit, convenience and advantage of said city, said tax, registration fee, or license herein provided for shall be imposed in the discretion of the mayor and general council of said city, provided, however, other than as to licenses to sell beer, wine, or intoxicating liquors, the business or occupation license fees shall not exceed $1,000.00 per annum. License and registration fees. Section 2. The provision of the charter of Atlanta codified in Section 82 of the Code of Atlanta of 1924 is hereby amended by striking therefrom the words not exceeding

Page 1504

one and one-half per cent thereon, and inserting in lieu thereof the following words, not exceeding fifteen (15) mills thereon, and by adding the following: City Code, Sec. 82. Provided, however, that for the years 1937 and 1938 an additional ad valorem tax of two (2) mills may be assessed and collected on all real and personal property; from which the proceeds of one (1) mill, after deducting therefrom the portion to which the school department is entitled, shall be devoted to the relief of the destitute, and for general purposes, and the proceeds of-one (1) mill shall be used exclusively for the payment and retirement of the deficit and current indebtedness as set out below; and provided further that for the years 1939, 1940 and 1941 an additional ad valorem tax of one (1) mill may be assessed and collected on all real and personal property, the proceeds of said one (1) mill levy shall be used exclusively for the payment and retirement of the deficit and current indebtedness as set out below, so that for the years 1937 and 1938, the ad valorem tax levy shall not exceed seventeen (17) mills, and for the years 1939, 1940 and 1941, such tax levy shall not exceed sixteen (16) mills. So that said provision in said section when amended shall read as follows: For the purpose of raising revenue for the support and maintenance of the City Government of Atlanta, the said mayor and general council shall have full power and authority, and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city, not exceeding fifteen (15) mills thereon, which shall include a school tax, which, under the laws of this State, is subject to taxation, provided, however, that for the years 1937 and 1938 an additional ad valorem tax of two (2) mills may be assessed and collected on all real and personal property, from which the proceeds of one (1) mill, after deducting therefrom the portion to which the school department

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is entitled, shall be devoted to relief of the destitute and for general purposes, and the proceeds of one (1) mill shall be used exclusively for the payment and retirement of the deficit and current indebtedness as set out below; and provided further that for the years 1939, 1940 and 1941 an additional ad valorem tax of one (1) mill may be assessed and collected on all real and personal property, the proceeds of said one (1) mill levy shall be used exclusively for the payment and retirement of the deficit and current indebtedness as set out below, so that for the years 1937 and 1938, the ad valorem tax levy shall not exceed seventeen (17) mills, and for the years 1939, 1940 and 1941, such tax levy shall not exceed sixteen (16) mills. This rate shall never be increased, but the mayor and general council of the City of Atlanta may, in their discretion, reduce said amount at any time. Tax-rate increase. Section 3. Said provision of the charter of Atlanta as codified in Section 82 of the Code of Atlanta of 1924 is hereby further amended by adding thereto the following provision: Of the tax levied, assessed and collected as herein authorized, the proceeds of the additional one (1) mill levy as authorized for the years 1937, 1938, 1939, 1940 and 1941 for the payment and retirement of the deficit and current indebtedness, after assessment, levy and collection for such purpose, shall not become a part of the general revenue of the city, and shall not be subject to any charge or deduction as a part of the gross revenue of said city, but shall constitute a special fund to be devoted exclusively to the payment and retirement of the deficit and current indebtedness owed by the City of Atlanta at the time of the adoption of this Act, or which may be incurred prior to January 1, 1938, or to the payment of principal and interest on any issue of notes or debt certificates issued for the purpose of retiring such deficit and current indebtedness. When said

Page 1506

additional one (1) mill levy shall have been in effect for five years the ad valorem tax rate as herein provided shall be reduced to a sum not to exceed fifteen (15) mills. Fund to retire deficit. Limit. Section 4. Nothing herein shall be construed as affecting the power or authority of the City of Atlanta to levy an emergency tax as is now provided in Section 85 of the Code of the City of Atlanta of 1924. Emergency tax. Section 5. Section 5 of the Act amending the charter of the City of Atlanta approved August 23, 1927 (Acts of 1927, page 779) as embodied in Section 205-a Atlanta Supplement Code 1936, which reads as follows: That the charge for water or water service shall at no time be increased for the purpose of providing for deficiencies in any department of the city government. The rate of charge for water or water service of said department shall at no time be more than the price fixed for same as of September 1, 1926, Provided, however, that said rate or charge may be increased temporarily at any time solely for the purpose of meeting a deficit in the water department caused by any emergency. This amendment shall not become effective until the present school deficit shall have been retired: Be and the same is hereby stricken, and in lieu of said section the following section be substituted: Section 205-a. The charge for water or water service shall at no time be increased for the purpose of providing for deficiencies in any department of the city government. The rate of charge for water or water service of said department wherever furnished shall at no time be more than the price fixed for same as of September 1, 1926, provided, however, that said rate or charge may be increased at any time solely for the purpose of meeting an emergency in the water works department. Provided, however, that for a period of five years beginning April 1, 1937 to April 1, 1942, inclusive, the limitations of this section are hereby suspended and during said period the mayor and general

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council shall have authority to fix the rates and charges for water service, notwithstanding the limitations contained in this section: Provided further that in the event of an increase in the present schedule of water rates and charges for water service, any such increase above the present schedule of existing rates shall be uniform within each classification of rates under the existing rate structure or classification for all users served by said water works system wherever located. So as amended said section shall read as follows: Act of 1927 amended. Section 5. The charge for water or water service shall at no time be increased for the purpose of providing for deficiencies in any department of the city government. The rate of charge for water or water service of said department wherever furnished shall at no time be more than the price fixed for same as of September 1, 1926, Provided, however, that said rate or charge may be increased at any time solely for the purpose of meeting an emergency in the water works department. Provided, however, that for a period of five years beginning April 1, 1937 to April 1, 1942, inclusive, the limitations of this section are hereby suspended and during said period the mayor and general council shall have authority to fix the rates and charges for water service, notwithstanding the limitations contained in this section: Provided further that in the event of an increase in the present schedule of water rates and charges for water service, any such increase above the present schedule of existing rates shall be uniform within each classification of rates under the existing rate structure or classification for all users served by said water works system, wherever located. Water rate increase. Section 6. From all cash receipts received from water service rendered by its water works department, the City of Atlanta shall set aside that portion due the school department and shall then set aside ten (10) per cent. of

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the total amount of such receipts in a cash reserve fund as said moneys are received, solely for the purpose of improving and enlarging the water supply and water works system of said city and for the replacement of worn out and obsolete equipment in said department, and for repairs and extension of said service. The said fund shall be set aside from the receipts, beginning with the month of April, 1937, and each month of each year thereafter, for a period of five years. The said ten (10%) per cent. to be set aside out of the receipts from the water service as the same are received and used for purposes named herein. Funds to be set apart. Section 7. The provision of the charter of the City of Atlanta, embodied in Section 97 of the Code of Atlanta of 1924, is hereby amended by striking therefrom the words that appear in the third and fourth lines of said section, to wit: Not to exceed $3.00 per annum on each lot assessed, and inserting in lieu thereof the following words: in such amounts, rates, and methods of assessment that they in their discretion may deem proper, so that said provision and section, as amended, shall read, as follows: City Code, Sec. 97. The mayor and general council of said city are hereby authorized to make assessment of the various lots of land and lot owners in said city for sanitary purposes in such amounts, rates, or methods of assessment that they may in their discretion deem proper, and the said mayor and general council are hereby authorized and empowered to collect same by execution against the lot so assessed and the owner thereof; the amount so assessed shall be a lien on the lot from the date of assessment. The executions are issued and enforced in the same manner that tax executions are issued and enforced in said city. That the proceeds of such assessment after deducting the portion to which the school department is entitled, shall be used exclusively for paying the cost of sanitary service, including repairs to buildings and equipment and the purchase of and replacement

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of equipment, but not debt service for permanent structures. Sanitary assessments. Section 8. The goods, wares and stocks of merchandise owned by any person, firm or corporation, brought into the city subsequent to January 31, in the operation of any business of transient, temporary or permanent nature, where the operation of such business begins subsequent to January 31, where such goods, wares and stocks of merchandise have not previously been returned for taxation in some other municipality in Georgia, shall be subject to an assessment for ad valorem taxes for such year, and such property shall be liable for the payment of taxes for the period or proportion of year dating from time said business begins operation; that is, if the new business begins in March, said property shall be liable for the payment of taxes on the ratio of ten-twelfths of the tax that would have been due for the full year, or if the new business begins in June, the amount of taxes would be one-half of the total amount for the full year. The lien for taxes and measure of tax liability on such property shall date fifteen days subsequent to the date such person, firm or corporation begins the operation of such business. It shall be the duty of all persons, firms and corporations who begin the operation of a new business subsequent to January 31, whether temporary, transient or permanent, in which goods, wares or merchandise are owned, within 30 days from the beginning of the operation of such business, to file a return with the tax assessors and receivers of all property subject to municipal taxation. In all other respects, the laws and ordinances of the city in regard to assessment, payment and collection of taxes shall be applicable as in cases of property owned as of January 31. Proportions of ad valorem taxes. Liens. Section 9. In addition to the existing provisions of the charter of the City of Atlanta, there is hereby created a budget commission consisting of the mayor, comptroller,

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chairman of the finance committee of council, and two other members of the general council. Said two members now serving on the budget commission shall serve for the balance of the present calendar year and thereafter their successors shall be elected by the general council immediately after the organization of the general council on the first Monday in January, and shall serve thereafter during the year in which they are elected. Budget commission. Section 10. On or before the first Monday in December of each year, the budget commission shall estimate the amount of normal receipts of the City of Atlanta for the following calendar year, together with a tentative appropriation bill. The budget commission shall include in its anticipations for the next year a sum not to exceed the normal revenue collected by the City of Atlanta from all sources during the period from January 1 to November 1 of the current year, and the estimated revenue for the remainder of the current year. They shall tentatively appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness. The tentative estimate of receipts and appropriation for debt service shall be submitted to the budget commission named for the year in which the fund is to be expended, and published one time in a daily newspaper, and the budget commission named for the year in which the fund is to be expended is directed to revise said budget so that the total anticipated revenue for the current year shall not exceed the normal revenue received from all sources during the preceding year, except collections from tax executions on real estate and on personal property and choses in action owned by the city, provided that there may be added to such anticipations, a sum equal to not more than 85% of all tax executions on real estate and 50% of all tax executions on personal property not more than three years old and choses in action owned by the city and certified by the tax assessor as being solvent and collectible. The budget commission shall also allocate

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a sufficient sum to provide for debt service including sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department by the mayor and general council. This shall constitute the final budget and shall be filed with the mayor and general council on or before the third Monday in January of the year during which said budget shall operate. When such budget has been filed, the same shall be binding upon the mayor and general council, without any action of approval or disapproval. Duties and powers. Should the income of the city be decreased by law, either by Act of the General Assembly or the mayor and general council it shall be the duty of the budget commission to immediately adjust its budget to comply with such decreased revenue. In the event of an increase in the tax rate, or the schedule of charges for city service, such as water service, sanitary service, etc., should be changed by law the budget commission may revise its budget, and considering assessments, sanitary service charges, etc., of the previous year, apply new rates thereto and adjust its anticipations accordingly. Adjustments. Should the City of Atlanta receive any money, income or revenue from any extraordinary source, either by sale of its property, gift or otherwise, which has not been considered in the preparation of its budget, the budget commission shall have the right to immediately appropriate such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shal be considered as a part of the normal revenue of said city. Appropriation of increased revenue. Should, at any time during any year, the expenditures exceed the revenues collected and a deficit be created, it shall be the duty of the budget commission, before appropriating any other sum for any purpose other than the interest and sinking fund on the bonded indebtedness, to appropriate a

Page 1512

sufficient sum to immediately discharge any deficit which has accrued during the preceding year. Providing, however, that the deficit referred to herein does not include or refer to the deficit existing January 1, 1938, but refers solely to whatever deficit may be incurred thereafter. Deficits. When this Act has been in effect for one year the budget commission shall be authorized to appropriate not in excess of ninety-nine (99%) per cent. of the normal revenue of said city, as described, and from year to year thereafter shall reduce its annual anticipations one (1%) per cent., until at the end of six years said budget commission shall not be authorized to anticipate any sum in excess of ninetyfive (95%) per cent. of the normal revenues of the city actually collected during the previous year, subject to the exceptions hereinbefore named. Appropriation, anticipation, reduction. Section 11. The provisions of the Act shall not apply to any annual appropriation measure adopted by the general council of Atlanta prior to the enactment of this Act and for the year 1937, but no special or additional appropriation shall be made by said general council by resolution, motion, ordinance or otherwise after the enactment of this Act except where said budget commission has by a majority vote previously approved such appropriation. Annual appropriations unaffected. Section 12. The mayor and general council shall have no authority to transfer funds set aside for debt service, including sinking fund and interest on bonded indebtedness, or for deficit of prior year, to any other department. They may, however, transfer and re-allocate all other funds lawfully anticipated. Transfer of funds. Section 13. If at any time during any year in which an annual appropriation or budget is adopted the city has collected revenues in excess of appropriations provided for in such budget, such excess actually collected may be expended on appropriations adopted by the general council,

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provided such appropriation is first adopted and approved by such budget commission. Such appropriations may be made retroactive. Appropriation of excess revenue. Section 14. From and after the passage of this Act the City of Atlanta shall never incur any obligation other than bonds lawfully issued in excess of the annual budget and such other special appropriations that may be lawfully made as herein provided, and shall not incur any liability other than as authorized by such budget or appropriation either for materials, supplies, equipment, salaries, wages or otherwise, and any such liabilities attempted to be incurred in violation of the provisions of this Act shall be absolutely void in law and equity. Void attempt to incur liability. Section 15. The members of the budget commission shall be personally liable for every anticipation of receipts in the same manner as is now provided by law for members of general council, and the members of general council are relieved from such liability. Personal liability. Section 16. Sections 9 to 15 inclusive of this Act shall not become effective until and unless the companion charter amendments in this Act, providing for an increase in the millage tax (Section 2), sanitary tax (Section 7), business license (Section 1), removal of restrictions on water rates (Section 5) of the City of Atlanta are adopted and approved. Effective on other enactments. Section 17. The Act of March 23, 1933 (Acts 1933, page 851) amending the charter of the City of Atlanta and providing for a budget commission as embodied in Section 174(a) of the Atlanta Code Supplement of 1936, and any and all other laws in conflict with Section 10 through Section 17, inclusive, are hereby repealed. Repeal of Act of 1933. Section 18. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 23, 1937.

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AUGUSTA MAYOR'S TENURE. No. 59. An Act to amend an Act approved February 15, 1935, amending the charter of the City of Augusta so as to provide for a mayor of the City of Augusta; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 1, on page 912 of the Act, approved February 15, 1935, be and the same is amended so as to clarify and make certain the intention and meaning of said section, to be that the period from the day following the date of the special election provided for in the Act until the first day of January, 1937, was not to be considered and shall not be considered as a term of office so as to prevent the mayor provided for in said Act from succeeding himself. Act of 1935 amended. Mayor's succession. Section 2. Be it further enacted, That the duly elected mayor at the general election for mayor held under the charter of the City of Augusta for the term of three years from January 1, 1937, as provided for in the Act approved February 15, 1935, is hereby declared to be the duly elected and qualified mayor of the City of Augusta for the full term of three years as provided for in said Act. Three-year term. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1937. BOSTON CONVEYANCE FOR SCHOOL. No. 110. An Act to amend an Act approved August 27, 1931, and published in Georgia Laws for 1931, on pages 693, 694

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and 695, authorizing the mayor and aldermen of the City of Boston to sell and convey, for school purposes, certain property referred to in said Act by modifying the amount to be paid for said property; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 27, 1931, appearing in the published laws of Georgia for 1931, on pages 693, 694 and 695, authorizing the mayor and aldermen of the City of Boston to sell and convey, for school purposes, certain property referred to therein, be and the same is hereby amended by striking the provision in Section 1 thereof to the effect that the price of said property shall be $20,000.00, and providing in lieu thereof that, on receipt of $4,000.00, in addition to the sums already received on the purchase price of said property, the City of Boston, acting by and through its mayor and aldermen, shall be, and is hereby authorized and empowered to convey said property to the Board of Trustees of the Boston Consolidated School District, and their successors in office, for school purposes; and that upon the execution and delivery of said conveyance the title to said property shall vest in said Board of Trustees and their successors in office. Act of 1931 amended. Conveyance on payment of $4,000. Section 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 8, 1937. BOWDON CHARTER AMENDMENTS. An Act to amend the Charter of the Town of Bowdon; to eliminate confusion as to the corporate name of said municipality and as to the spelling thereof by fixing same as Town of Bowdon; to enlarge and extend the corporate

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limits of said municipality; to ratify and confirm contracts undertaken on behalf of said municipality; to amend Act approved December 13, 1859, and Acts amendatory thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the General Assembly, That from and after the passage of this Act the name of the municipality created by the Act approved December 13, 1859, (Acts 1859, page 136), amended by the Act approved March 19, 1869, (Acts 1869, page 73), the Act approved August 12, 1910, (Acts 1910, page 408), the Act approved July 19, 1912, (Acts 1912, page 642), the Act approved August 8, 1922, (Acts 1922, page 598), the Act approved August 11, 1924, (Acts 1924, page 453), shall be and the same is hereby made Town of Bowdon, which shall be the corporate name and style of said municipality, anything in the aforesaid Act of 1859, or in the amendatory acts thereof, to the contrary notwithstanding. Acts amended. Section 2. Be it further enacted, That any transaction, undertaking or contract heretofore made on behalf of said municipality under the name and style as provided in any of the aforesaid legislative enactments which is otherwise legal is hereby ratified, confirmed and made fully binding on said municipality in its corporate name and style of Town of Bowdon. Corporate name. Section 3. Be it further enacted, That the corporate limits of said municipality as heretofore fixed by the General Assembly of Georgia are hereby extended by including in addition to the present territory within the limits as heretofore fixed, the following: Beginning at the southeast corner of the present bridge over Indian Creek near Lovvorn's Mill, and running 395 yards, more or less, in a southeasterly direction to a made corner on the east side of the property of the present First

Page 1517

Baptist Colored Church, thence 107 yards more or less in a southeasterly direction to Tan Yard Branch, where Old Tan Yard was located, thence 251 yards more or less west along present city limit line to Rock Bed, which was old site of First Baptist Church, colored, thence 93 yards more or less to the intersection of Tan Yard Branch and Indian Creek, thence along the thread of said creek 245 yards more or less to a point even with the present bridge over said Indian Creek, thence in a southeasterly direction to the point of beginning. Territorial limits. Section 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 4, 1937. BRUNSWICK CHARTER AMENDMENTS. No. 36. An Act to amend the charter of the City of Brunswick; to reduce the city limits of said City of Brunswick; to ratify the acts of its city commission in closing certain portions of Carpenter Street; to confer certain additional powers therein named upon its city commission, with respect to certain portions of Carpenter Street in the said City of Brunswick, including the right to convey such portions of the said street; to require as a prerequisite to suit against the City of Brunswick for damages, a notice of said damages within six months; and for other purposes. Section 1. Be it hereby enacted by the General Assembly of the State of Georgia, That Section 2 of the Act approved August 8, 1917, entitled An Act to amend the charter of the City of Brunswick, Georgia; and for other purposes, be amended by striking out the words to the western line of the right-of-way of the Atlantic Coast Line

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Railroad Company; thence northerly along said right-of-way line to the south side of Seventh Street; thence westerly along the south side of said Seventh Street to the west bank of the Brunswick and Altamaha Canal; thence southerly along said bank of said canal to the point where said bank would be intersected by said line so running due west from Dart's Narrows, and thence due west to the channel of Turtle River on that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city; which words appear after the words the northern boundary line shall begin at the intersection of a creek, commonly called Dart's Narrows, or Cut, and the waters of Back River, and shall run thence due west, and before the words thence southwardly and eastwardly along the channel of Turtle River, and by interlining and adding in place of said stricken words the following words: and along that line traced, surveyed and marked by Charles D. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city, to the point where said line intersects the western line of the right-of-way of the Atlantic Coast Line Railroad Company; thence northerly along said right-of-way to the southern side of Seventh Street; thence westerly along the south side of Seventh Street and as said line is prolonged westerly to the center line of the Brunswick and Altamaha Canal; thence south and along the center line of the said canal to the point where the center line of said canal would be intersected by the northern line of Second Street if prolonged westerly;

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thence southerly 72 degrees, 26 seconds, 37 minutes west to the channel of Turtle River; so that when so amended said Section 2 of the Act approved August 8, 1917, will read as follows: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to wit: The northern boundary line shall begin at the intersection of a certain creek, commonly called Dart's Narrows, or Cut, and the waters of Back River, and shall run thence due west and along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city, to the point where said line intersects the western line of the right-of-way of the Atlantic Coast Line Railroad Company; thence northerly along said right-of-way line to the southern side of Seventh Street; thence westerly along the southern side of Seventh Street and as said line is prolonged westerly to the center line of the Brunswick and Altamaha Canal; thence south and along the center line of said canal would be intersected by the northern line of Second Street if prolonged west; thence south 72 degrees, 37 minutes, 26 seconds west to the channel of Turtle River; thence southwardly and eastwardly along the channel of said Turtle River and the south line of the channel of St. Simons Sound to the outer sea buoy in the open sea; thence westerly along the northern line of the channel of St. Simons Sound to the mouth of said Back River; thence up said river to the place of beginning. Act of 1917 amended. Territorial limits. Section 2. Be it further enacted by the authority aforesaid, That the action of the City of Brunswick, acting through its city commission closing those portions of Carpenter Street from the northern line of Howe Street to the southern line of Mansfield Street, and from the northern

Page 1520

line of Mansfield Street to the southern line of Monk Street, is hereby ratified and confirmed. Closing of streets. Section 3. Be it further enacted by the authority aforesaid, That at any time after the passage of this Act the City of Brunswick, a municipal corporation acting by its city commission, shall have the right and power to execute and deliver without monetary consideration to the Board of Education of Glynn County, Georgia, a corporation created by the General Assembly of the State of Georgia, a good and sufficient deed of conveyance conveying all of the said city's right, title and interest in and to the following portions of Carpenter Street, as shown upon the map of the plan of the said city, as follows, to wit: Conveyance of land to county board of education. (a) All of Carpenter Street from the northern line of Howe Street to the southern line of Mansfield Street. (b) All of Carpenter Street from the northern line of Mansfield Street to the southern line of Monk Street. Section 4. Be it further enacted by the authority aforesaid, That the said property when so conveyed shall be held by the Board of Education of Glynn County, Georgia, to be used for purposes of education and in connection with its school system in Glynn County, Georgia, and in the event that such use should be discontinued or abandoned the title to the said portions of Carpenter Street shall revert to the City of Brunswick, Georgia, to become again a part of the system of streets of the said city. Use of property for education. Reverter. Section 5. Be it further enacted by the authority aforesaid, That no action for damages against the City of Brunswick of any character whatever, to either person or property, shall be instituted against said city unless within six months after the happening or infliction of the injury complained of, the complainant, his executors or administrators, shall have given notice to the commissioners of the City of Brunswick of such injury in writing, stating in such notice the date and place of happening or infliction of such

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injury, the manner of such infliction, the character of the injury, and the amount of damages claimed therefor. Notice before suit for damages. Section 6. Should any lawful court declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid, and shall not affect any other section, clause or part of this Act. Constitutionality. Section 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with any provisions of this Act are hereby repealed. Approved February 11, 1937. BRUNSWICK STREET OR ROAD DUTY OR TAX NOT REQUIRED. No. 107. An Act to amend the charter of the City of Brunswick by providing that its city commission shall not have power to require any street or road duty of any of the residents of the said city; or require of him any commutation tax in lieu 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: Section 1. From and after the passage of this Act, the commission of the City of Brunswick shall not have authority to require street or road duty of any resident of the City of Brunswick, nor shall any officers of the said City of Brunswick have authority to collect any commutation tax, commonly called a street tax, in lieu of such street or road work. Tax or road duty not to be required.

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Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 6, 1937. BUFORD CHARTER AMENDMENTS. No. 452. An Act to amend an Act approved December 23, 1896, entitled An Act to repeal all laws and amendments to the laws heretofore incorporating the Town of Buford, in the County of Gwinnett, and to establish a new charter for the same, and Acts amendatory thereof, so as to extend and enlarge the present corporate limits of said City of Buford, when so amended including said territory, and to authorize the mayor and council to provide for the registration of voters, holding of municipal elections, how ballots shall be counted and to provide by ordinance, rules and regulations governing the same; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the present charter of the City of Buford is hereby amended by extending and enlarging the present corporate limits of the City of Buford, so as to define the corporate limits of the City of Buford, when so amended to be as follows: Act of 1896 amended. Beginning at a point being the center of the northbound track of the Southern Railway Company's tracks at what is known as Cole's crossing, north of the present city limit line; thence running northwest along the public road 300 feet to a point on said road; thence south 65 degrees, west 1,320 feet to corner on present city limit line; thence northwesterly along present city limit line 1,270 feet to corner;

Page 1523

thence a southerly direction 2,520 feet to corner; thence southwesterly 3,822 feet to corner; thence an easterly direction 1,320 feet to corner; thence west 3,796 feet to present city limit line; thence southeast 2,620 feet to corner; thence northeasterly along present city limit line 3,096 feet to corner; thence south 34 degrees, east 3,557 feet, more or less, to and across the Atlanta and Gainesville paved highway to right-of-way line of said highway; thence north with said highway along right-of-way line 9,374 feet to corner; thence north 35 degrees, west 4,482 feet, to corner; thence north 53 degrees, west 1,033 feet, to beginning point at center of northbound track of Southern Railway Company at Cole's crossing. Territorial limits. Section 2. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the City of Buford, and they are hereby authorized and directed to annually levy, assess and collect a tax of not less than five (5) mills upon each one hundred ($100.00) dollars assessed valuation of the real estate included in the corporate limits of the said City of Buford, under this Act, which formerly formed a part of Harmony Bonded Local School District of Gwinnett County, for the purpose of retiring school bonds now outstanding against said Harmony Bonded Local School District, which bonds were voted and issued when said territory was included in said school district. Tax to retire school-district bonds. Section 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the City of Buford, and said mayor and council is hereby authorized and directed to annually levy, assess and collect a tax of not less than five (5) mills on each one hundred ($100.00) dollars assessed valuation of the real estate included in the corporate limits of the City of Buford under this Act, which formerly was and formed a part of what is known as Sugar Hill Consolidated Local School District of Gwinnett County, for the purpose of paying and retiring

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present bonded indebtedness of said school district, which bonds were voted and issued when said territory now included in the corporate limits of the City of Buford, under this Act, was included in said local school district. Tax to retire school-district bonds. Section 4. Be it further enacted by the authority aforesaid, That said tax shall be levied, assessed and collected until the bonded indebtedness now outstanding of said school districts is paid, and that said mayor and council of the City of Buford shall collect said tax and pay over the amounts due said local school districts to the board of trustees, or the persons entitled to receive the same, which said tax so collected and paid over shall be used for the purpose of retiring said bonds as aforesaid, and not for any other purpose. Collection and payment. Section 5. Be it further enacted by the authority aforesaid, That the authorities of Sugar Hill Consolidated Local School District shall have the right and authority, if they desire, to permit children of school age residing in the territory included in this Act, which formerly formed and was a part of said local school district, to attend said school, and that said school district shall be entitled to receive all moneys paid by the State of Georgia for each child attending said school, under the general laws of this State. School attendance. State moneys. Section 6. Be it further enacted by the authority aforesaid, That it shall be the duty of the mayor and council of the City of Buford to receive for said school district any and all moneys coming from the State for children residing in said territory aforesaid, included in this Act, and pay the same over to the trustees of said school district, for each child attending said school, payment to be made within a reasonable time after said school authorities have submitted to said mayor and council the names of such child or children attending said school during said year, which shall be certified by the superintendent of said Sugar Hill Consolidated District. Receipt and payment.

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Section 7. Be it further enacted, That the provisions of Sections 5 and 6 of this Act shall be in effect until the present issue of school bonds now outstanding against said Sugar Hill Consolidated School District are paid and satisfied, after which time the mayor and council of the City of Buford shall be entitled to collect and retain for said City of Buford the school funds coming from the State of Georgia for children of school age residing in said City of Buford. Effective until bonds retired. Section 8. Be it further enacted by the authority aforesaid, That said Act, approved December 23, 1896, be amended by adding a new section to read as follows: Section 9. Be it further enacted, That 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 this State, and the mayor and council shall have authority to prescribe such rules and regulations governing municipal elections held in said city under such conditions as they may prescribe by ordinance not in conflict with the laws of this State. Elections regulated. Section 10. Be it further enacted, That should any part or section of this Act be declared unconstitutional by any court of competent jurisdiction of this State, said decision shall not affect the remaining parts of said Act. Constitutionality. Section 11. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. BUTLER REGISTRATION OF VOTERS. No. 243. An Act to consolidate and to codify the various Acts incorporating the City of Butler, Georgia, in the County

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of Taylor, and various Acts amendatory thereof; to enlarge by providing additional powers and authority therein; to more specifically define and fix the duties of the various officers of said city, and for other purposes; and the various Acts amendatory thereof; to enlarge by providing additional power and authority therein, so as to provide for a method, time and place for registration of voters for all elections held in same city, prescribe rules and regulations in regard to the registration and define the authority of the mayor and aldermen of said city in regard to such registration, and the revision and purging of registration lists; to prescribe the manner of selection of registrars and define their duties and authority and fix their compensation; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in all elections held in the City of Butler, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the clerk of the City of Butler to open at his office in said city within 30 days from the date of approval of this Act, a book for the registration of voters for said City of Butler, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. There shall be kept in said book a separate list of white and colored voters, and each person entitled to vote in said city shall subscribe in said book, which shall be arranged in alphabetical order, his or her name, age, place of residence and occupation. Said clerk must not permit any one to register who is not entitled to do so, and if he knowingly permits this to be done he shall be discharged from office or otherwise punished as the mayor and aldermen may decide. Said registration shall

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be permanent and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voter shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. Elections. Registration of voters. Section 2. Be it further enacted by the authority aforesaid, That said registration book shall be closed 10 days immediately preceding each election held in said city, whether the same be a primary election, special or general election, after which time no one shall be allowed or permitted to register for such election, and not until after such election, when said book shall be reopened for the registration of voters. At all other times, said book shall be kept open, as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Closing of registration. Section 3. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said city to check the registration lists from time to time, as may be required by the mayor and aldermen of said City of Butler, and upon finding the name of any voter who has become disqualified by failure to pay taxes, removal from the city or other legal cause, he shall furnish the mayor and aldermen of said city with a list of such names with the reason for their disqualifications, and it shall be the duty of the said mayor and aldermen to revise said registration lists and determine whether the name of such voter should be stricken from the list, after the clerk has given five days' notice to said voter of the time and place when said matter will be acted upon by said mayor and aldermen, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice, the voter shall have the right to be heard by

Page 1528

the said mayor and aldermen before any final action is taken, if he or she so desires. Lists to be checked and revised. Section 4. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the City of Butler may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars, if deemed best, and may fix their duties and determine their compensation, and may delegate to and place upon said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and aldermen, or they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor, if they see fit. Further rules and regulations. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. CAIRO ELECTIONSREGISTRATION. No. 394. An Act to amend an Act creating the charter of the City of Cairo, so as to provide for permanent registration of the voters in said city; to fix the qualification of voters; to fix the hours for holding elections; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act creating a charter for the City of Cairo, approved August 6, 1906, page 573, be and the same is hereby amended by adding to said Act as amended new sections as follows: Act of 1906 amended.

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Section 1. (a) That from and after the passage and approval of this Act, the clerk and treasurer of the City of Cairo shall provide a permanent registration book for the permanent registration of qualified voters of Cairo, and after any qualified voter of the City of Cairo has once registered, it shall not be necessary thereafter for such qualified voter to register again, and at all elections held in said City of Cairo, except bond elections, the list shall be made up from said permanent registration book. The board of registrars of the City of Cairo shall make up said list at least five days before any primary or general election in said City and the said board of registrars shall purge from said list of voters all voters who have since the date of their registration become disqualified by reason of non-payment of taxes, removal from said city, or otherwise. The registration of voters shall close at least 10 days before any election held in said city, and any person who shall register within 10 days of any election shall not be qualified to vote in such election. Registry of voters. Section 1. (b) All persons who have been residents of the said City of Cairo for six months or longer, prior to any primary or general election, and who are 21 years of age or over, and who have paid all taxes required of them, shall be eligible to register for any election thereafter to be held in the said City of Cairo. All elections for the purpose of voting upon the issuance of bonds in the said City of Cairo shall be by special registration, as now provided in the charter of said City of Cairo, and this Act shall not apply to special bond elections. Voters. Special elections. Section 1. (c) Be it further enacted, That the authorities in charge of any primary or general elections shall hold said elections in the city hall of the City of Cairo, and may hold said elections either upstairs or downstairs, or both, in said city hall, and the mayor and council are hereby authorized to fix the time for opening and closing any and all elections to be held in said City of Cairo, provided that

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the time so fixed shall be between the hours of 7 A. M. and 6 P. M., and said mayor and council are authorized to fix the time of opening the polls at any time after 7 A. M. and to fix the time for closing said polls at any time before 6 P. M. by resolution. Place and time of elections. Section 1. (d) Be it further enacted, That all persons upon registering in said City of Cairo shall take the following oath: I do solemnly swear that I am a resident of the City of Cairo and have been a bona fide resident of the city for more than six months prior to this date, and that I am more than 21 years of age and have paid all taxes required of me by said City of Cairo, and that I will uphold and defend the Constitution of this State and of the United States, so help me God. Oath of voter. Section 1. (e) 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 29, 1937. CAIRO ELECTRICITY POWERS. No. 420. An Act to amend the charter of the City of Cairo so as to authorize the City of Cairo to buy, sell, deal in and exchange electrical energy and water either inside or outside the corporate limits of the City of Cairo; and to issue executions against its customers, whether located inside or outside the city limits; and to own, erect, maintain and operate transmission lines, rights-of-way, and easements outside the limits of the City of Cairo; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

Page 1531

of the same, That the charter of the City of Cairo, approved August 6, 1906, page 573, as amended, be and the same is hereby amended by adding thereto new sections as follows: Act of 1906 amended. Section 1. That from and after the passage of this Act, the mayor and council of the City of Cairo are hereby authorized to buy, sell, deal in and exchange electrical energy and water, either inside or outside the corporate limits of the City of Cairo, and are authorized to make such contracts, agreements and arrangements with a reference thereto as they may deem necessary and advisable, and the said City of Cairo is hereby authorized to own, erect, maintain and operate transmission lines, rights-of-way, and easements inside or outside the limits of the City of Cairo, and to make such contracts, leases or agreements as they may deem necessary and advisable. Electrical works authorized. Section 2. Be it further enacted, That the clerk and treasurer of the City of Cairo are hereby authorized to issue executions for the collection of bills due and owed the City of Cairo for electrical energy or water, or both, which may be due said City of Cairo by its customers regardless of whether said customers live inside or outside the limits of the said City of Cairo, or whether the energy or water was delivered inside or outside the limits of the said City of Cairo, and such executions may be levied by the marshal of the said City of Cairo, or any constable of the 753rd Militia District of said county, and such executions shall proceed as other executions at law, Provided that the defendant therein may file an affidavit of illegality thereto which shall be returnable to the Justice Court in said district if under one hundred ($100.00) dollars, and to the Superior Court of Grady County if more than one hundred ($100.00) dollars. Executions to collect bills. Affidavit of illegality.

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Section 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. CARTERSVILLE CITY CHARTER No. 11. An Act to amend, revise, and consolidate into one Act the several Acts granting corporate authority to the City of Cartersville, in Bartow County, and the several Acts amendatory thereof; preserving to said city its present form of government, its corporate existence, its territorial limits, its corporate rights and privileges, its property rights, its contracts and contract rights, its code of laws, its ordinances and resolutions, and preserving its outstanding obligations, all, except as changed or modified by this Act; to repeal all of said former Acts not contained in this Act; 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 several Acts granting corporate authority to the City of Cartersville, in Bartow County, and the several Acts amendatory thereof, be and are hereby amended, revised, and consolidated into one Act, to read as follows: Section 1. The inhabitants of the territory now embraced in the corporate limits of the City of Cartersville, in Bartow County, Georgia, shall continue to be, and are hereby incorporated under the name and style of the City of Cartersville, and the City of Cartersville shall continue to be, and is hereby chartered and made a city under the corporate name of the City of Cartersville, and by that name shall have perpetual succession, and vested with all the rights, powers and privileges incident to municipal corporations

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in this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments, within or without its corporate limits, now belonging to the said City of Cartersville, shall be, and are, hereby vested in the said City of Cartersville, 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 board of aldermen, 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 board of aldermen 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 Cartersville 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, tenements and hereditaments, and of whatsoever kind, and within or without the limits of said city, for corporate purposes. The present form of government, its corporate existence, its territorial limits, its corporate rights and privileges, its property rights, its contracts and contract rights, its code of laws, its ordinances and resolutions, and its outstanding obligations, are preserved, and shall continue as heretofore existing, until changed in the manner provided by law. Corporate name. Rights and powers. Section 2. The corporate limits of said city shall extend one mile in every direction from the center of the crossing of Market Street and the main track of the Western and Atlantic Railroad. Territory. Section 3. Said City of Cartersville is, and shall continue to be, divided into four wards as follows: First ward, that section of Cartersville east of the center line of the main line track of the Western and Atlantic Railroad, and north of the center line of East Market Street; Wards.

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Second ward, that section of the City of Cartersville east of the center line of the main line track of the Western and Atlantic Railroad, and south of the center line of East Market Street; Third ward, that section of the City of Cartersville west of the center line of the main line track of the Western and Atlantic Railroad and south of the center line of West Market Street; Fourth ward, that section of the City of Cartersville west of the center line of the main track of the Western and Atlantic Railroad, and north of the center line of West Market Street. Section 4. The municipal government of said city shall vest in a governing board to be known as the board of aldermen of the City of Cartersville, and shall consist of a mayor from the city at large and four aldermen, one from each of the four wards, who shall be elected by the qualified voters of said city at large; they shall serve without compensation, after the first Wednesday in January, 1938. The board of aldermen of the City of Cartersville shall have all powers of government in and of said City of Cartersville, except as may be expressly otherwise provided herein. The time and manner of the election of the mayor and aldermen shall continue as now provided by law, as hereinafter provided, and those now in office shall continue in office until the first Wednesday in January, 1938, and until their successors are elected and qualified. The mayor shall be the presiding officer of the board of aldermen and the chief executive officer of the city, and shall have authority to call the board of aldermen into session at any time. Mayor and aldermen. Election. Terms of office. Section 5. The jurisdiction of the board of aldermen and the territorial limits of the said City of Cartersville shall continue to be and are hereby extended, for police and sanitary purposes, over the lands now owned, and that may

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hereafter be acquired, by said city at its waterworks station on Etowah River and the adjacent lands; also over lands hereafter acquired for waterworks purposes, and the pipes and mains of said waterworks system, or for other municipal purposes, and they shall have power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of 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 board of aldermen 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, and the city cemetery, airports, parks and recreation grounds; also, over 200 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 same were wholly located in the city limits proper; and the police officers shall have authority to make arrests of persons violating same, whether found within or without the limits of said city. Jurisdiction. Police. Section 6. Said board of aldermen of Cartersville shall have full power and authority to acquire, on behalf of the City of Cartersville, by gift, purchase or otherwise, grounds suitable for such park, or parks, or recreation grounds, 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 that end may appoint such officers and employees as in their judgment may be necessary, and compensate them therefor. They shall have the right to draw on the ordinary expense

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fund of said city for said purposes, or upon any other fund not otherwise appropriated according to law. Parks. Section 7. On the third Wednesday in December, 1937, and on the third Wednesday in December every second year thereafter, as now provided by law, there shall be elected a mayor from the city at large, and one alderman from each of the four wards of said city, whose term of office shall be for two years, and until their successors are elected and qualified, beginning the first Wednesday in January, 1938, as now provided by law. Elections and terms. Section 8. No person shall be eligible to the office of mayor or alderman who is under 25 years of age, and who is not a qualified voter of said city, duly registered, when elected; nor shall any person be eligible who may have been convicted of any crime involving moral turpitude. Eligibility. Section 9. It shall be the duty of the members of the board of aldermen, before entering upon the duties of their office, to take and subscribe the following oath, before any officer authorized to administer oaths: I will faithfully perform the duties of my office as a member of the board of aldermen of the City of Cartersville, support and endeavor to enforce the laws and ordinances thereof and not knowingly exceed the authority legally conferred upon me, and I make solemn oath that I am not under direct or indirect obligations or promise to elect or appoint any person to office or place in the city or in any way confer favor or benefit upon any one. I have not sought to secure votes or support or influence favorable to my election, directly or indirectly, by the promise or suggestion of any office, nor place or position or other favors, and that no one with my approval has done so. Oath of office. Section 10. Each member of the board of aldermen, before entering upon his duties as such, shall give bond, payable to the Governor of Georgia, for the use and benefit of the City of Cartersville, Georgia, in the sum of one

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thousand ($1,000.00) dollars, with one or more good solvent sureties, citizens of Bartow County, or a bonding company subject to suit in Bartow County, conditioned for the faithful discharge of the duties of his office, said bond to be safely kept by the city clerk. If one or more bonding companies shall become sureties on said bonds, the premiums shall be paid out of the city treasury. Bond. Section 11. All persons shall be qualified voters in the City of Cartersville who are citizens of the United States, who have resided in Georgia one year and in the City of Cartersville six months next preceding the election at which they offer to vote, who are 21 years of age, who have paid all poll taxes that they may have had an opportunity of paying agreeably to law, six months prior to the election at which they offer to vote, except when such election is held within six months from the expiration of the time fixed by law for the payment of such taxes, and who are registered as required by this Act. Provided, that all residents of said city whose names appear on the latest list of registered voters of Bartow County shall be prima facie presumed to have paid all such poll taxes at the time said list was made. Voters. Section 12. It shall be the duty of the city manager of the City of Cartersville to provide suitable permanent books for the permanent registration of the qualified voters of said city, for any and all elections held in said city, of every kind and character and for all purposes. Separate books shall be provided for white and colored voters. Each page of said books shall have printed, or pasted thereon in printed form, at the top of the page, the oath prescribed in this section. The pages of said books shall be separated into convenient lines and columns, so as to provide for the signature of the persons registering, followed by a notation of the race, age, sex, residence, occupation, and other data required by this Act. Registration.

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Every person, before registering, shall take the following oath, which shall be read by him, or to him: Georgia, Bartow County. I solemnly swear (or affirm) that I am a citizen of the United States; that I am 21 years of age; or (as the case may be) I will be 21 years of age on the..... day of....., 19..... (inserting the correct dates); that I have resided in Georgia for one year, or (as the case may be) I will have resided in Georgia one year on the..... day of....., 19..... (inserting the correct date); and that I am a resident of the City of Cartersville, and have been for the next preceding six months, or (as the case may be) I will have resided in the City of Cartersville the next preceding six months on the..... day of....., 19..... (inserting the correct date); that I have paid all poll taxes that I have had the opportunity of paying agreeably to law. Voter's oath. Sworn to and subscribed before me, the..... day of....., 19..... ..... ....., City Clerk of Cartersville, Georgia. All persons registering, where they are able to do so, shall sign their own names, and where they are unable to sign their names they may sign by their mark, through and by the city clerk, deputy clerk, or assistant clerk, all of whom are hereby authorized to administer the oath. The names of the persons registered shall be entered in the book in alphabetical order (this requirement applying only to the first letter of the surname). Where signatures are illegible the clerk, deputy clerk, or assistant clerk, as the case may be, may write the name in legible form under or above the signature, for the purpose of identification. The signature so made in said registration book shall be prima facie evidence that the person so signing swears (or affirms) the truth of every material fact contained in said

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oath, also of the written memoranda or entries following his or her signature, and that the oath was duly administered. The taking of the oath herein prescribed for persons seeking to register shall be sufficient authority to the clerk to permit such person to register. During the period the registration books are open, it shall be the duty of the city clerk, or such person as may be designated by the board of aldermen, deputy clerk or assistant clerk, to permit all persons who take said oath, and no others, to register, provided that any resident of the city may take said oath and register who will arrive at the age of 21 years by the next ensuing election to be held within six months of such registration. Signatures on registration. Section 13. The registration books shall be kept open for the registration of voters at the city hall in Cartersville at all times during office hours, except Sundays and legal holidays and except as hereinafter provided, to wit: The books shall be closed at 6 o'clock P. M. on the third Saturday next preceding the primary election provided for in Section 22 of this Act, every year in which a general election for officers is held in the city, and shall remain closed until after the general election provided for in Section 7 of this Act, and during the time said books are required to be closed no person shall be permitted to register. For all other elections, except for the recall of a member, or members, of the board of aldermen, the registration books shall be closed, so that two full weeks (exclusive of the week in which the election is held) shall elapse between the closing of the books and the day of the election, and during this period no person shall be permitted to register. Registration books. Section 14. After the closing of the registration books preceding an election, as in the next preceding section provided, the city clerk shall cause to be made three typewritten lists, in alphabetical order, of the names registered, together with the street address, appearing on the registration books (and for this purpose may employ some competent

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person, or persons, to be paid out of the city treasury) and shall retain one copy in the city office, furnish one copy to the board of registrars, and post one in the vestibule of the city hall, making separate lists of names of white and colored persons. Lists of registrants. Section 15. Upon receipt of said lists of registered names, the board of registrars shall proceed to purge said list in the following manner: They shall examine the lists and make a separate list of names of all persons thereon who have died or who have removed from the city since registering, and all who have not paid all poll taxes which they have had opportunity of paying agreeably to law, six months prior to the election for which the list is made, except when such election is held within six months from the expiration of the time fixed by law for the payment of such taxes, and shall mark the list List of disqualified registered names. At the end of each day the board shall post said disqualified list in the vestibule of the city hall, and as soon as practicable, after the purging of the list is completed, shall fix a time and place at the city hall, for the hearing of any and all persons whose names are placed on said List of disqualified registered names who desire to show cause why their names should not be stricken from the registration books and from the list of qualified voters, and shall cause notice to be served on all of said persons who reside in the city that they appear to be disqualified to vote, and that their names will be stricken from the registration books and list of qualified voters unless they show cause to the contrary, stating the time and place when said hearings will begin. Said hearings shall continue from day to day until the hearings are completed, Sundays and legal holidays excepted; opportunity to appear and be heard must continue open at least two days from the time fixed for the beginning of hearings; said notices may be served by mailing them properly stamped and addressed to the address appearing on the registration book, unless the

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board has notice of a changed address, or may be served in person by any member of the board, or by any member of the police force of the city, and proof of service may be made by affidavit or the sworn testimony of the person making the service, or by any other competent evidence. All such notices shall be so served 24 hours before the time fixed for beginning of said hearings. All necessary expense of service, including postage and stationery, shall be paid out of the city treasury. All persons desiring to show cause why their names should not be stricken from the registration books and from the lists of qualified voters shall appear before the board of registrars and have their appearance noted on a docket to be kept by the board of registrars. Every such appearance shall be docketed in the order, as to time, in which the appearance is made, and in the hearing the docket shall be called in the same order, and if the persons are present their cause shall be heard in the same order, unless continued for cause, in the discretion of the board; if the persons are not present when their names are called in order for hearing, they shall be moved back to the heel of the docket, and if not present when they are reached the second time, in order, they shall be considered to have abandoned the cause. Purging of list. Posting. Notice and hearing. In purging said list the board of registrars shall have access to all tax books, tax executions, registration books, and other public records of Bartow County and the City of Cartersville, and shall act on the best evidence obtainable. Evidence. If it appear to said board after such hearing that any such person is not qualified to vote under this Act, the name of such person shall be stricken from the registration book and from the voters' list, except that the names of all persons who are registered pursuant to the provisions of this Act, but not qualified to vote at the ensuing election because they shall not then have arrived at the age of 21 years, or shall not have resided in the State or the city, or both, the required length of time, shall be stricken from the

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said voters' list, but not from the permanent registration books. The finding of the board shall be final. Provided, that this Act shall not have the effect to annul the permanent books of registered voters existing now and now in effect in said city, but those who are now registered therein are hereby declared to be registered as legally and effectually as if registered under and in compliance with this Act. Striking of names. Permanent list. Section 16. After the completion of the hearings hereinabove provided for, the board of registrars shall strike from the registration books and from the said voters' list the names of all persons found to be disqualified to vote, and the names remaining on said book shall constitute the record of the qualified voters of said city, and the said list, with the disqualified names stricken, shall constitute the list of qualified voters for said ensuing election, and shall be delivered to the election managers as the list of qualified voters, for the ensuing election, and no person shall be permitted to vote whose name does not appear thereon. The registration book made up as hereinbefore provided shall constitute a permanent record of the qualified voters of all persons who become legally registered, until they become disqualified to vote in the City of Cartersville under the requirements of this Act. After any person registered as herein provided becomes disqualified, he or she shall no longer be considered registered, until such person registers again after the disqualification is removed. Record. Disqualification. Section 17. A board of registrars, as heretofore existing, is hereby created and confirmed, to be, as now, composed of three residents of the City of Cartersville who are taxpayers and are qualified, when appointed, to vote in said city under the provisions of the city charter. The board of aldermen shall appoint the board of registrars at the same time and in the same manner as other officers are appointed,

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and they shall hold office during the term of the board of aldermen appointing them, and until their successors are appointed and qualified. If any or all of the members of the board should resign, die, or the office become vacant for any cause, the board of aldermen may fill the the vacancy or vacancies at any time. The members of the said board of registrars shall receive reasonable compensation, together with necessary expenses, payable from the city treasury, to be fixed by the board of aldermen, for the actual time employed by them in the performance of their duties. Board of registrars. Section 18. The above and foregoing provisions shall apply to all municipal elections hereafter held in the City of Cartersville, except that in election for recall of officers only those persons who were qualified and registered to vote at the last general election of officers, and who shall not have become disqualified thereafter, shall be qualified to vote. Recall elections. Section 19. The members of the board of registrars, before entering on their duties, shall take and subscribe before the mayor or city clerk an oath to faithfully perform the duties of their office in compliance with the law and without prejudice or favoritism. They shall have authority to select any member of the board as chairman. Oath of registrars. Section 20. At the first regular meeting after they are elected and qualified, or as soon thereafter as possible, the board of aldermen shall elect, from the citizens of the City of Cartersville, qualified to vote therein, who are not under 25 years of age and who hold no office or other position in said city, three election managers whose duties shall be to hold and certify all city elections, for any purpose, and such other duties as are elsewhere provided in this Act, and who, before entering upon these duties shall take, before the mayor or other officer authorized to administer oaths, an oath that they will faithfully and impartially conduct

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all elections held by them in the City of Cartersville and prevent all illegal voting, to the best of their knowledge and ability and perform all other duties legally imposed upon them. Any vacancy caused by death, resignation or otherwise of any of said managers shall be filled by the board of aldermen at any time; Provided, that this Act shall not be so construed as to terminate the office of any of the present election managers; Provided, further, that if any one or more of the election managers should be related in the third degree according to the rules of the canon law, to any candidate for the board of aldermen at a primary or general election, upon the fact being made known to the ordinary of Bartow County prior to the election, he shall appoint, of those qualified, a manager or managers to act in said election, in lieu of the managers thus related. Election managers. Oath. Vacancy. Provisos. Section 21. It shall be the duty of the election managers of the City of Cartersville to provide ballots for all elections held for any purpose in said city, except in elections wherein the ordinary of Bartow County is required by law to provide them, and as to such elections it shall be the duty of the election managers to co-operate with the ordinary, in the preparation of the ballots, and to present, properly verified, expense bills for the expenses thereof, together with all other legitimate expense incurred by them in holding and certifying said elections, to the city clerk, and he shall issue the proper check or warrant on the city treasury therefor. Provided, that if the election managers fail to provide ballots, as required of them in this section, they may be provided by the ordinary of Bartow County, and on his failure, the city clerk shall have them printed under the same regulations. Ballots. Expenses. Section 22. On the second Wednesday of December, 1937 (as now provided by law), and on the second Wednesday in December biennially thereafter, a primary election shall be held by the election managers at the county

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courthouse in said city, or such other convenient place in the city as the board of aldermen may provide, for the nomination of candidates for membership on the board of aldermen, to be voted for at the regular election. Every person desiring to become a candidate shall file or cause to be filed with the election managers, not later than 10 or earlier than 20 days before the primary election, a statement of his candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he can make the required bond, and that he is offering for election as mayor from the city at large, or as alderman from one of the wards of said city, as the case may be, and in the event he is offering for such alderman he shall specify the ward in which he maintains his residence. He or some other person qualified to vote in the city shall file a certificate of no less than 10 persons qualified to vote and who are property taxpayers in the city, that his candidacy is desired by them and that to the best of their knowledge he is qualified to fill the office to which he seeks election. Primary elections. Section 23. If during the time allowed in Section 22 for the filing of statements and certificates by those desiring to become candidates, more than two qualified persons comply with the requirements of Section 22 as candidates for mayor, or more than two qualified persons comply with the requirements of Section 22 as candidates for aldermen from any one or more of the four wards established in said city, the election managers shall hold a primary election as provided in said section, and shall cause the names of all such persons to be printed as candidates upon the ticket to be used in the primary election, and shall cause to be published at least once in a newspaper published in the city the names of candidates who will appear on the ticket at the primary election, or post written notice thereof at some conspicuous place at the city hall and two or more other conspicuous places within the city, at least five days before

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the day of the election. No person's name who has not complied with Section 22 of this Act shall be placed upon the ticket. Provided, that a failure to publish or post the names of candidates who will appear on the tickets as provided in this section, shall not defeat the election. Candidates. Publication Section 24. In the event only one or two persons comply with Section 22 in offering themselves as candidates for mayor or candidates for aldermen from each separate ward of said city, and comply with said Section 22 as to filing statements and certificates, no primary election shall be held, but the names of all such persons shall be placed on the ballots as candidates for the board of aldermen in the general election and shall be voted for as such, unless any one or more shall expressly withdraw before the election. When no primary. Section 25. The two persons offering for mayor from the city at large and two persons from each ward in said City of Cartersville offering for aldermen from each of said established wards, receiving the highest number of votes at the primary election held under the provisions of Section 22 shall be declared the nominees to be voted for at the general election, and the names of the 10, or less than 10, in the event that not more than one person shall offer for the office of mayor, or the office of one or more of the offices of aldermen from any specified ward, shall be placed on the ballots as candidates for the board of aldermen at the general election, unless any one or more shall expressly withdraw before the election. Provided, that in case of a tie, in order to obtain the necessary number of candidates for the general election, it becomes necessary to take one or two more persons having the same number of votes, then the names of all the aforesaid persons having the same number of votes for mayor, or having the same number of votes for alderman from any aforesaid specified ward, shall be printed on the official ballot as candidates for the general election, together with the names

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of all persons reciving a higher number of votes, even though it makes the number of candidates more than 10, or more than two for mayor, or two from each separate ward. Nominees. Proviso. Section 26. The one candidate for mayor from the city at large, and one candidate for alderman from each of the aforesaid wards, receiving the highest number of votes in the general election shall constitute the board of aldermen for the succeeding term, and the one candidate receiving the highest number of votes for mayor shall be the mayor for and during the said term; Provided, that if any number of candidates for mayor or for alderman from any ward specified in this Act receive the same number of votes, so that the general election fails to result in the election of a mayor or aldermen, or both, as provided in this Act, an election shall be held on the Wednesday following, or if Christmas day should fall on Wednesday, then Thursday, at which only such candidates shall be voted for as is necessary to decide the tie; and in this case no candidate receiving the highest number or a sufficient number of votes in the general election to elect him to a place on the board under the provisions of this Act shall be displaced or affected by the provisions of this section. Mayor and board of aldermen. Section 27. It shall be the duty of the election managers, after the polls are closed, to proceed to count the ballots and certify the result. The certificates of election shall be filed with the city clerk and show the number of votes received by each candidate, in case of election for officers, and the number of votes for and against all propositions or measures voted upon in other elections, and shall in general terms declare the result in accordance with the requirements of this Act. In all elections, unless it is otherwise provided herein or by the general laws of the State of Georgia, a majority of the votes cast shall determine the result for or against the persons or measures voted

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upon. Besides the certificate of election, the election managers shall, in every election, certify two tally sheets and the list of voters furnished them, by the city clerk, to be used by them in holding the election and shall attach one certified tally sheet to the certificate of election filed with the clerk and both shall be safely kept by him for two years. The other tally sheet, together with the certified voters' list, shall be sealed in a package and delivered by the managers to the ordinary of Bartow County, to be kept by him for two years, and unopened, unless the same is demanded in some litigation or contest as evidence. Certificates of election. Tally-sheets. Section 28. If the office of mayor or alderman become vacant, an election shall be called and held by the election managers to fill the vacancy, or vacancies, not later than 30 days thereafter, having due regard for the provision of this Act for the purging of the registration books and lists. Vacancy. Section 29. If the results of any election held in said city is contested, notice of said contest shall be filed with the ordinary of Bartow County within three days after said election, and upon payment of ten ($10.00) dollars in advance by the contestant, or contestants, to said ordinary, the said ordinary shall, within two days after he receives the same, cause a copy of notice to be served by the sheriff, or his deputy, on the contestee, if said contest is for an office; and if the results of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of said city, and published one time in any newspaper published in said city; said ordinary shall fix the time of hearing said contest, which shall not be later than 10 days after service has been effected, or which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff, or his deputy, three ($3.00) dollars in advance for service and notice of contest. The contest shall be held at the courthouse. Said ordinary is authorized to hear

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and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Contest of election. Ordinary's duty. Section 30. The persons elected members of the board of aldermen may take the oath of office and qualify at any time after December 31, following their election, and shall meet and take over the government of the city and organize on the first Wednesday in January next after their election, at such hour as may be appointed by the outgoing board, and in absence of such appointment, at 7 o'clock P. M. If, for any reason, the mayor and aldermen should fail to meet and organize and take over the government of the city on the first Wednesday in January, as above provided, they shall do so as soon thereafter as possible. The board shall hold a regular meeting every two weeks, the time thereof to be as now provided until changed by ordinance. The board may hold special meetings from time to time, on call of the mayor, or the mayor pro tem. if the mayor is absent from the city or incapacitated by sickness or other cause. It shall be the duty of the mayor to call a special meeting when petitioned to do so in writing by three of the aldermen or by two of the aldermen and the city manager. All members of the board shall have notice of such special meeting unless they are absent from the city, or incapacitated to attend by sickness. All meetings shall be held at the city hall, and three members shall constitute a quorum. All powers of government, except as otherwise expressly provided, shall lodge in the board as an entity. The board may adopt its own rules governing its proceedings, the rules now in force to remain in force until changed by resolution. The mayor, and in his absence from the meetings, the mayor pro tem. shall be the presiding officer of the board, and shall have the right to vote on all questions, and, except as otherwise provided, the vote of three members of the board shall be necessary

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and sufficient to adopt or pass any measure or to determine any question before the board. Organization. Meetings. Powers of government. Section 31. Any member of the board of aldermen may be recalled from office for malpractice or misconduct in office or gross neglect of the duties of the office, in the following manner: A petition shall be filed with the election managers containing the signatures of not less than 25% of the whole number of those registered to vote at the general election for officers next preceding, calling for an election for the recall of the member or members of the board therein named. All signatures must be personal, or by mark with witnesses, and the petition shall be accompanied with an affidavit by some signer who knows the facts that the signatures are all genuine and those made by mark were placed there at the request and in the presence of such signer, and shall contain a general statement of the general grounds upon which the recall is sought, the truth of which shall be supported by the affidavit, upon information and belief, of one or more of the signers, attached to the petition. Within five days after the filing of such petition, excluding Sundays, the election managers shall compare the names appearing on the petition with the said registration books to determine if the petition contains the requisite 25% of such registered names. If it be found that the petition does not contain the requisite number of such names, it shall be returned within seven days, Sundays excepted, to the person or persons from whom received, with a written statement of the number of names lacking. Within five days from its return, Sundays excepted, the required number of additional names may be secured, and the petition re-presented, together with the same affidavit prescribed for the original petition as to the signatures. If after again comparing the petition with the added names with the registration book, it be found to contain the requisite 25% of those registered, the election managers, within 20 days from the last receipt of the petition, shall hold an

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election to determine whether or not the member or members of the board in question shall be recalled. If after comparing the petition with the added names, as above stipulated, with the registration book, it be found that it still lacks the required number of registered names, it shall be returned to the person from whom received with a written statement of the fact, with the date of the return written thereon, and no election shall be held; and in this event, and in the event an election is had failing to result in the recall of the member or members of the board in question, no like petition shall be received for the recall of any member of the board within six months from the date of the election in the one case, and the last return of the petition by the managers in the other, and in no case shall a petition be filed for the recall of any member of the board of aldermen, who shall not have been in service upon his or their present term of office for six months. The election managers shall as soon as practicable after the date of the election is determined upon, cause to be published in a newspaper published in the city, the time and purpose of the election, with the name of the member or members sought to be recalled and the ground upon which the recall is sought, and shall have the names of all such members printed on the ballot, each name being preceded with For the recall of and Against the recall of, and those voting against such recall shall erase the word For. If the majority of those registered for the recall election, vote for the recall of any member or members of the board, he or they shall vacate office as soon as his or their successor or successors are elected and qualified. Recall election. Ballots. Section 32. Upon the recall of any member or members of the board of aldermen, the election managers shall hold an election to elect his or their successor or successors. Any qualified person complying with this section may become a candidate for the office, and the candidate receiving the highest number of votes of those offering for mayor, if

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the mayor is recalled, or of those offering for the position of alderman from one or more of the wards in the City of Cartersville, if one or more aldermen are recalled, shall be declared elected. In such election no new registration of voters shall be had, but only those registered for the recall election and otherwise qualified shall be qualified to vote in such election. Every person desiring to become a candidate in the election provided for in this section shall, at least five days before the day of election, file with the election managers a statement of his candidacy, with an affidavit and certificate of the same import as that required in Section 22 of this Act, and it shall be the duty of the election managers to have the names of all such candidates placed upon the ballot. Election of successor. Section 33. It shall be the duty of the board of aldermen, as soon after they are qualified as practicable, at a regular, or called, meeting, as they may elect, to appoint the following officers, to serve during the current term, and till their successors are appointed and qualified, namely: City manager, city clerk, who shall be ex-officio treasurer of the city; deputy city clerk, in the discretion of the board; recorder; chief of police, who shall be city marshal; policemen, such number as the board may deem necessary; chief of fire department; firemen, such number as the board may deem necessary; city attorney. The board shall have authority to provide for such other officers as may be necessary for the efficient conduct of the city's business and the proper operation of the public utilities, streets, sewers, public weighing, public health, public buildings and property, cemetery; and any and all other thing or things pertaining to the welfare of the city and its inhabitants. In addition to the powers and duties prescribed and defined by this Act, the board of aldermen shall have authority to prescribe and define the powers and duties of all officers provided for in this section, not inconsistent with this Act, or with the laws of the State of Georgia. The board of aldermen

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shall fix the salaries of all officers provided for in this section, and shall have authority to increase or decrease any of said salaries as conditions may require; to provide for the payment thereof. All other employees of the city shall be appointed by the city manager and it shall be his duty to employ such laborers, skilled and unskilled, as may be necessary, for the proper construction, upkeep and operation of the various properties, utilities, institutions, interests of every kind and nature, of the city. Provided, further, that this section shall have no application to superintendents, principals and teachers of the city schools. Provided, further, that the board of aldermen shall have authority to remove or discharge any officer appointed by them, for malpractice or misconduct in office, neglect of duty or inefficiency or other good cause, after reasonable notice and an opportunity to be heard. Appointment of officers and employees. Section 34. The term of office of all officers appointed by the board of aldermen under the provisions of this Act, except as may be otherwise herein provided, shall be for the balance of the term of the board of aldermen making the appointment, and until their successors are appointed and qualified, Provided that, the board shall have the right to limit the term of those officers, left to the discretion of the board. And all officers, before entering upon the duties of their office, shall take and subscribe such oaths, and execute such bonds, if any, as may be required by this Act or by the ordinances of said city, now existing or that may hereafter be adopted by the board of aldermen. The board of aldermen shall be authorized to increase the amount of any bond provided for in this Act. Terms of office. Section 35. The city clerk shall attend all meetings of the board of aldermen, and shall keep the minutes and records of the same; and shall keep an index to the records, and enter alphabetically therein the acts and doings of the board of aldermen. He shall have charge and custody of

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all records, documents, books and papers, belonging to the city. All deeds, leases, contracts and other instruments executed by the city or by the board of aldermen in its behalf, shall be attested by him, and he shall affix thereto the official corporate seal of the city, of which he shall be custodian. He shall keep the books and accounts of the city. He shall have and perform such other duties as may be required of him by this Act and by the ordinances of the City of Cartersville, now existing or that may hereafter be adopted by the board of aldermen. City clerk's duties. Section 36. The deputy clerk of said city shall have such duties as devolve upon him by virtue of this Act, and the further duties of assisting the clerk and ex-officio treasurer in all his duties, and such other and further duties as may be required of him by the ordinances of said city now existing or that may hereafter be adopted by the board of aldermen. Deputy clerk. Section 37. It shall be the duty of the marshal of the city to execute the penal laws, make arrests for violation thereof; have custody and control of all prisoners, attend recorder's court and execute the orders of the court, and any and all other duties usually performed by similar officers of municipalities in this State. It shall be his duty to collect the taxes and revenues of the city by levy and sale where execution is issued therefor as provided by law, and likewise to collect by levy and sale any other claim or demand due the city where execution is issued therefor, as provided by law; and to execute and levy all legal process issued by the city or its proper officers under the law. He shall be the chief executive of the police department and shall have supervision over the other policemen of the city, subject always to the orders and regulations of the board of aldermen; and it shall be the duty of the police force to respect and obey his orders. It shall be his duty to preserve the public peace, prevent the commission of crime, to

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protect the rights of persons and property, and to preserve the public health, and such other and further duties as may be required of him by ordinances of the city now existing or that may hereafter be adopted by the board of aldermen of said city. Marshal's duties. Section 38. The policemen of said city shall be subject to the orders of the board of aldermen at all times, but shall be generally under the direction and supervision of the city marshal, and it shall be their duty to guard the city by day and night; to enforce obedience to all laws and ordinances of the city; to preserve peace and order at all hours of the day or night, and to make arrests when it may be necessary for that purpose, or when the needs of justice demand. They shall have such other and further duties and be subject to such other rules and regulations as may be provided by ordinances of the city now existing or that may hereafter be adopted by the board of aldermen. Policemen. Section 39. The city attorney shall be legal advisor of the board of aldermen, the city manager and the city clerk, in and about their duties under the provisions of this Act. Attorney. Section 40. The chief of the fire department and the firemen shall have charge of the city fire department, the fire equipment, and be constantly on duty, except as may be otherwise permitted by the board of aldermen or the city manager, and shall be responsible for the prevention and extinguishment of fires in the city, and shall have such other and further duties as may be provided by ordinance of the city now existing or that may hereafter be adopted by the board of aldermen. Fire chief. Section 41. The city manager may be a non-resident of the city and of the State of Georgia, and shall be a person of good moral character, having training and experience fitting him for the duties of the office. Before entering on his duties he shall take and subscribe an oath

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to faithfully discharge the duties of his office and to scrupulously observe all laws and ordinances of the city, and shall execute a bond with solvent sureties suable in Bartow County, to be approved by the board of aldermen, in the sum of three thousand ($3,000.00) dollars, payable to the City of Cartersville, conditioned for the faithful performance of all his duties. His term of office shall be for and during the term of the board of aldermen, during which he is appointed, and till his successor is appointed and qualified. City manager. Bond. Section 42. The city manager shall be the administrative head of the city government, except as otherwise provided. He shall be subject to inquiry and investigation by the board of aldermen or any member thereof concerning city affairs and shall give full and complete information upon all matters relating to the subject of inquiry. He shall select such competent foremen or operators as may be necessary, at such compensation as may be reasonable, for the proper and economical operation and maintenance of the city's several public utilities, and streets, fire and health protection, and all other employees necessary for the successful and economical conduct of the city's affairs. He shall be purchasing agent for the city for all supplies, fuel, equipment, machinery, tools, horses, mules, engines, cars, trucks, tractors, provisions, and all articles and wares of every kind used by the city; office furniture and fixtures. Provided, the board of education of said city may purchase school furniture, fixtures and equipment, necessary for the proper and efficient operation of the city schools, and provided further, that in no case shall the city manager of the board of education complete the purchase of any of the articles or things enumerated in this section, costing more than three hundred ($300.00) dollars without the approval of the board of aldermen. Manager's duties and powers. Board of education.

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Section 43. The city manager shall observe the laws and ordinances of the city, and the State laws pertaining to the city. He shall see that the laws and ordinances of the city are observed and enforced; that all policemen and other officers perform their duties; shall have control over the streets, sidewalks and curbs of the city; the fire department; the public utilities; the property and all the public works and institutions of the city, and the city employees, except as otherwise provided in this charter. He shall supervise all work performed in any of the city departments and the performance of all contracts made by any person for work done in the city. He shall have authority to appoint employees in the several departments of the city, except as otherwise provided; to discharge and remove employees appointed by him, when in his judgment it is for the best interest of the city; and to fix the compensation of the employees. Provided, that he shall not have authority to enter into contracts of employment for definite terms longer than six months or extending beyond his term of office. He shall perform any and all other duties not inconsistent with those above enumerated and not otherwise specifically provided for. He shall not have the management of the city schools or property, except as to the lights, water supply, sewerage, and plumbing, repairs of buildings, and such other matters as may be specially directed by the board of aldermen. He shall not have control or management of the city offices except as to keeping the building, furniture and equipment in proper repair and as specially directed by the board, but he shall have free access thereto, and to the books, papers and records at all times; and shall have his office in the city hall in such quarters as may be assigned to him by the board. He shall keep accurate account of the time of the laborers and employees under him, and shall issue orders on the city treasurer for the payment thereof. Manager's duties.

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Section 44. The city manager shall have the right to suggest and urge before the board of aldermen the passage of any measure which, in his judgment, will promote the interests of the city. He shall prepare and submit to the board of aldermen, each year, by the first of February, a budget setting out as accurately as possible the necessary expenditures for the current year, showing separately the needs of the several departments. He shall prepare and submit written reports, when required to do so by the board of aldermen, showing receipts and disbursements, and a full statement of his actings and doings, as city manager. Estimates and reports. Section 45. If the office of city manager should become vacant for any cause, or the city manager should become disabled or incapacitated permanently or temporarily, so that the duties of his office should be vested in another, for the time being, the board of aldermen may designate some fit person to discharge the duties of the office until the vacancy can be filled, or until the return of the city manager to the duties of the office; and, in case of a vacancy, may fill the vacancy at any time. Vacancy in office. Section 46. The board of aldermen shall have authority to summon the city manager before them at any time, and to question him concerning the performance of his duties; require him to produce records and data of every kind, including his correspondence relating to the business of the office, and each and every member of the board of aldermen shall have authority to make inspection of the working and operation of the various utilities and departments of the city and of the city manager's performance of his duties. Board's authority of inspection. Section 47. The city manager shall prepare and maintain the necessary maps, diagrams or other records, as will show at all times the location of all water, gas and sewer pipes, all plugs, cut-offs, connections, and all other information connected with the water, gas and sewer systems of the

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city as will facilitate the efficient and economical maintenance and extension and improvement thereof. Records, etc. Section 48. The city manager shall not appoint or employ any person to any position in the city, except ordinary laborers, who is related to him by blood or marriage in the third degree according to the rules of the canon law. The board of aldermen shall not elect, appoint or employ any person to any position in the city, except ordinary laborers, who is related to any member of the board, by blood or marriage in the third degree according to the rules of the canon law. Employees. Section 49. The qualification of the recorder shall be the same as that of members of the board of aldermen. He shall have authority to administer oaths, and shall be judge of police court in and for said city for the trial and punishment of all offenders against the laws and ordinances of the city. He shall hold police court as often as may be necessary for the purpose, and shall have power to preserve order, compel the attendance of witnesses, compel the production of material, books, papers, or documents, to be used as evidence, and punish by fine not exceeding ten ($10.00) dollars or confinement in the jail where city prisoners are kept, not exceeding 48 hours, for contempt committed in his presence in court. He shall have power to punish any person convicted of violating any penal ordinance of the code of the laws of the city, or of any penal section of the charter of the city, not made a State offense, by fine, not exceeding fifty ($50.00) dollars, and by an alternative sentence of not exceeding 30 days on the city public works, or not exceeding 30 days in the city jail. All fines imposed under this section may be collected by execution issued by the clerk. The recorder, upon investigation of any offense charged against any prisoner brought before him when presiding in said police court and it shall appear that the prisoner has committed an offense

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against any criminal law of the State, shall have the same power and duties of commitment to jail or to bond as are now conferred by the law of the State upon justices of the peace. Recorder's authority and duties. Section 50. The mayor and aldermen of the City of Cartersville shall have the power to organize one or more chain, or work, gangs, and to confine therein persons who have been sentenced by the courts of the City of Cartersville to work upon the public works of said city; and shall have the power to make rules and regulations that may be suitable or necessary for the care and control of said gangs, and to enforce same through proper officers. Work gangs. Section 51. When any person, or persons, are arraigned before the recorder's court, charged with a violation of any of the ordinances, regulations, or rules of said city, the recorder 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 trial, the bond may be forfeited by order of the recorder, and after such forfeiture, if the principal of said bond fails to appear and submit to trial at the next regular sitting of the court, said forfeiture shall become final and the clerk shall issue execution thereon against the principal and the surety. Provided, that the recorder shall have authority to cancel such forfeiture if it be made satisfactorily to appear that the failure of the principal of said bond to appear for trial as required by the bond was not due to his fault. Recorder's court trials. Bond. Section 52. Said board of aldermen 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, and the procedure in such trials. Accusations, etc.

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Section 53. 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 of the ordinances of said city, and to hold such person so arrested until a hearing of the matter before the proper officers can be had; and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison, or in the jail of Bartow County, for a reasonable length of time. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants within their jurisdiction, 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 Cartersville; Provided, when the arrest is not made within 24 hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the recorder. The city marshal, or any policeman, may take bonds for the appearance of persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinbefore provided for forfeitures of appearance bonds by the recorder. The marshal, or any policeman of said city, shall have authority to summon 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, when circumstances, in his judgment, require such aid, and the board of aldermen may provide by ordinance, suitable punishment for any person or persons refusing to obey such summons. Arrests. Bonds. Section 54. Any person convicted before the recorder may enter an appeal from the judgment of said court to

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the board of aldermen; Provided, the appeal be entered within two days after the judgment complained of is pronounced; and Provided further, defendant pays the accrued cost, if any, in the case and gives a bond with security to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said aldermen shall, as early thereafter as practicable, hear and determine on said case as appealed, and shall investigate the case as fully as if same had not been tried; that is, de novo. They shall have power, if they find the defendant guilty, to decrease or increase the fine or sentence imposed by the recorder. Any person convicted by the board of aldermen on the appeal shall have the right of certiorari to the Superior Court of Bartow County; Provided all costs are first paid and bond and security given in double the amount of the fine 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 the bond and security and any of the costs; and Provided, further, the applicant failing to give the bond and security may, in the discretion of the recorder, be placed in the city prison or county jail to await the final judgment on the appeal above mentioned; certiorari shall be governed by the same rules that govern other certioraris, except as above specified. Appeals. Certiorari. Section 55. The mayor and aldermen shall have full power and authority to establish a fee bill, such fees, when collected, to be paid into the city treasury. Fees. Section 56. The mayor and aldermen shall provide for said city a safe and suitable prison for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. Prisoners.

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Section 57. Should any person charged with violating any of the ordinances of said city flee from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the recorder of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of an ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the recorder of said city shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of said city may be tried again for such escape, and punished not exceeding penalties hereinbefore provided. Arrest of escapes. Section 58. Authority to carry out and effectuate by ordinances, and to provide a penalty for the violation of said ordinances, whenever in their discretion the mayor and aldermen may deem it necessary, and all further power granted to said City of Cartersville, as created by this Act and as heretofore existing, is hereby expressly conferred on the board of aldermen of said city now in office and their successors. Authority conferred. Section 59. Any of the officers of the said corporation of the City of Cartersville who may be sued for any act or thing done in his official capacity may be justified under this charter, and the provisions of this charter may be pleaded and shall be a full defense to any action brought against the board of aldermen, or other officers of said city, or either of them, for any act or acts done by them or either of them, under and in accordance with its provisions and in accordance with the ordinances passed in pursuance thereof. Defenses of suits. Section 60. The board of aldermen of said City of Cartersvile shall have power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and

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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 board of aldermen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this charter, and 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 the State. General-welfare powers. Section 61. Every ordinance or resolution appropriating money for any purpose in excess of one thousand ($1,000.00) dollars, or providing for the extension or improvement of any street or sewer to cost exceeding one thousand ($1,000.00) dollars, or the making or confirming of any contract, or the granting of any franchise for the use, by any person or corporation, of the streets or other public property or utilities of the city, or the granting of any franchise, or privilege or contract to any person or corporation to supply to the city or its inhabitants electricity, water, gas or other like privilege, or providing for the purchase of any property, real or personal, equipment or fixtures (except in cases of emergency) costing more than one thousand ($1,000.00) dollars, shall be passed and become effective only in the following manner, to wit: All such ordinances shall be introduced and acted upon at a regular meeting of the board, must be placed upon the minutes, together with the votes for and against, showing how each member of the board voted. A copy or synopsis of the ordinance shall be posted at some conspicuous place frequented by the public

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in the city hall and shall, if otherwise valid, become effective after remaining of record seven days, except in cases where a petition is filed for referendum. Provided, that the provisions of this section shall not apply to resolutions or ordinances providing for bond elections, or the submission of any proposition or measure to the vote of the people and shall not apply to ordinances for the raising or appropriation of funds for any work, purchase, improvement, or other purposes, which has been made or brought about in pursuance of an ordinance or resolution previously passed therefor, in compliance with the requirements of this section, and shall not apply to any resolution or ordinance adopted for the carrying out of details or putting into effect of any plans, policies, or improvements provided for in a previous resolution or ordinance passed in accordance with this section. Ordinances. Resolutions. Section 62. If within seven days from the recording and posting of an ordinance or resolution of the character contemplated in Section 61 of this Act, a petition addressed to the board of aldermen be filed with them or with the clerk, signed by twenty-five per cent of the persons whose names appear on the permanent registration books at the last election held for any purpose in the city, requesting a referendum of the ordinance or resolution, the clerk shall forth-with notify the election managers, who shall call an election, to be held not later than thirty days after the date of filing of the petition, having due regard for the provisions of this amendment for the purging of the registration books and lists, at which election the ordinance or resolution shall be voted upon. The ballots shall contain a brief statement of the purport of the measure to be voted upon, preceded by the words For and Against, and those voting against it shall erase For and those voting for it shall erase the word Against. If the majority of those registered to vote in the referendum election vote against the resolution or ordinance, it shall be defeated; otherwise it shall become

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effective. It shall be the duty of the city clerk to have published once in the newspaper in which sheriff's advertisements are published for Bartow County, at the city's expense, the day and purpose of the election, together with a copy of synopsis of the measure to be voted upon, provided that no election shall be held under this section if, prior to the date thereof, the board of aldermen reconsider and repeal the ordinance or resolution in question. Provided, further, that in the adoption of all such ordinances or resolutions the board of aldermen shall have authority to provide for the referendum of said ordinance or resolution to a vote, without a petition therefor, under the same regulations as are provided in this section for a referendum on petition; Provided, further, that in all ordinances or resolutions providing for the sale or leasing or other disposition of any plant or system owned and used by the City of Cartersville for the distribution of electricity for light and power purposes, or the machinery, equipment, poles, and wires used in connection therewith for the transmission and distribution of electricity to consumers of light and power, or for the sale or leasing of any plant or system owned and used by the City of Cartersville for the distribution of water to consumers in the City of Cartersville, or the machinery, equipment, pipes, used in the distribution, or for the sale or leasing, of any plant or system owned and used by the City of Cartersville for the distribution of gas to consumers within the city, or the machinery, equipment, pipes used in the distribution; for the sale or granting to any person or corporation of any franchise, easement, or right of way in, over, or under the streets, lanes, alleys, sidewalks, or other property of the city, or under its control, for the maintenance or operation of any electric plant or system for the sale or distribution to the city or its inhabitants, or others, of electric current, or the plant or system for the sale or distribution of water to the city or its inhabitants or other persons, or any plant or system for the sale or distribution of gas to the city, its inhabitants, or

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other persons, provision shall be made for referendum of said ordinance or resolution to a vote of the people under the same regulations as are provided in this section for a referendum on petition; and no such resolution shall become effective until after same shall have been approved by a two-thirds majority of those voting in such referendum election; Provided, further, that no referendum election such as provided in this section shall be held at the same time or within thirty days prior to or subsequent to any general election for mayor and aldermen. Referenda elections. Section 63. It shall be the right of any citizen of the city to submit to the board of aldermen, in proper form for passage, any ordinance or resolution affecting the public interests of the city, for enactment; and if the same be signed or approved in writing by twenty-five per cent of those registered to vote at the last preceding election, it shall be the duty of the board to pass upon such ordinance or resolution not later than the second regular meeting thereafter; and if it fail of passage, the petition shall be transmitted by the clerk to the election managers within two days thereafter, and it shall be the duty of the managers to call an election not later than thirty days after the receipt of the petition, under the same terms and regulations as prescribed in Section 62 of this Act. If the majority of those registered to vote in said election vote for the measure it shall be the duty of the board of aldermen to pass the same at its next regular meeting after the election. Citizen may submit ordinance, etc. Section 64. The election managers, in calling any and all elections, shall have due regard for the provisions of this Act for the registration of voters, so arranging the dates, in every case, as to afford ample time for the registration of voters as provided, and shall, in every case, notify the city clerk immediately of the date of any election, after such date is determined upon. Election managers.

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Section 65. The City of Cartersville 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 consumers generally, within said city and its environs, with water, lights, electricity, or gas for power purposes, sewerage, heating, cooking, or any of them, and the board of aldermen of said city shall have the power 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 board of aldermen shall have the authority to make contracts for the purchase of plants, machinery and appliances, and do any acts necessary in connection with same; to make such rules and regulations as the board of aldermen may think best for the proper sale and distribution of the products of the electric, water and gas plants; to fix the price and time of payment for water, lights, electricity, gas; the right to provide penalties for failure to make prompt payment; to shut off electric current, water, gas, from any customer who fails to pay therefor as required, and to keep the same shut off until all arrears are paid. The city shall have authority to issue executions against tenants and their landlords, jointly and severally, for electric current or water rents not promptly paid when due, to be levied and collected as other executions are collected; Provided, that the person against whom such execution is issued shall have the right to prosecute an illegality to such execution as provided for illegality to common law executions by the laws of Georgia, but the amount admitted to be due, if any, must first be paid or tendered before the illegality shall be received. Water, electricity, gas, sewerage. Section 66. The board of aldermen of said city shall have full and complete control of the streets, sidewalks,

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alleys, and squares in said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for the widening, straightening, and grading, or in any way change the street lines and sidewalks of said city; and when the board of aldermen of said city shall desire to exercise the power and authority granted in this section, it may be done, whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided. The board of aldermen may abandon such proceedings at any time upon payment of accrued costs. The board of aldermen shall have full power and authority to remove, or cause to be removed, any buildings, steps, fence, gate, posts, or other obstructions 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 and sidewalks. Section 67. The board of aldermen of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and 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 board of aldermen shall have powr and authority to assess the cost of paving and otherwise improving the sidewalks, including not more than one-third of the cost of the necessary curbing on the real estate abutting on the said sidewalks. Said board of aldermen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing side-drains, cross-drains, crossings, 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 pay not more than two-thirds of the entire cost, in the discretion of the board of aldermen, and any street railroad

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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 fair and equitable proportion as the board of aldermen may prescribe. Said board of aldermen 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 set forth, as may be just and proper, estimating the total cost of each improvement made, and pro-rating the cost thereof on the real estate according to its frontage on the street, or portion of the street, so improved, or according to the area of value of said property, either or all, as may be determined by ordinance. That the amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The board of aldermen shall have full powr and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed, for the amount assessed 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 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 city marshal shall have authority to eject occupants and to put purchasers in possession; Provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount admitted to be due, with all costs, shall be paid before the affidavit shall be received, and the affidavit shall be returned to the Superior Court of Bartow County, and then tried and the issue determined, as in cases of illegality, subject to

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the penalties provided as in case of illegality filed for delay. The board of aldermen 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 a contractor, 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 the passage of the ordinance authorizing the execution of the work in each case. Said board of aldermen shall have power and authority to prescribe by ordinance such other rules as they may, in their discretion, think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said city; to enforce by execution the cost thereof against the adjacent property owner and railroad companies, and to provide how the agents or owners thereof shall be served with notice by personal service or by publication. Street improvements. Assessments. Collection by execution. Illegality. Section 68. The board of aldermen of said city shall have the right and power to provide for and regulate the curbs and gutters that empty into the 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, signposts, awnings, telegraph, telephone poles, horse troughs, racks, parking cars and other vehicles; and for posting hand-bills and advertising; to regulate or prohibit the carrying of banners, hand-bills and placards on the streets and sidewalks and public places of said city. Also, to compel any telegraph or telephone company having previously erected poles and wires in said city, to remove same to any location designated by the board of aldermen, and in case

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said telephone and telegraph company shall fail to remove same within 10 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 same by execution. Regulations of streets, etc. Section 69. The board of aldermen of said City of Cartersville shall have full power to require the railroads running through said city, or a portion thereof, to make and repair street crossing on their several roads whenever and in such manner said board of aldermen shall deem necessary. The board of aldermen may pass any ordinance needful for carrying out the provisions of this section; and in case the 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 board of aldermen shall have the power to create and make same across such railroads and repair same at the expense of said railroads, and may issue execution therefor, and levy and collect the same as provided in the case of tax executions. Railroads. Section 70. The board of aldermen of said city shall have full power and authority to establish, construct and maintain, or to permit any person, company or corporation to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said board of aldermen shall have entire and absolute control and jurisdiction over all said pipes, private drains and sewers, water-closets, 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 as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require change in, or the total discontinuances 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

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by the said board of aldermen, 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 executions 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 in so far as they are applicable to constructing and maintaining sewers, and may be enforced by the board of aldermen by appropriate ordinances. Sewerage. Section 71. In case any sewer or sewers, or parts of same, shall be located upon, or through, private property, and the owners of said property refuse to grant a right of way for that purpose, and such owner and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken 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 any appeal. Rights of way. Section 72. Said board of aldermen may provide by ordinance for the execution of the provisions of these sections regarding sewers, drainage and sanitation. Section 73. For the purpose of the preservation of the health of the inhabitants of said city, the board of aldermen is empowered to extend the systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems 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 systems. Extent of sewerage. Section 74. The board of aldermen shall have full power and authority to contract for, or to condemn any water-rights,

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land or premises within or without the city for the purpose of establishing and maintaining an electric light plant and a waterworks system, and sewerage system, or any of them; Provided, that if the right to condemn herein granted be exercised, all proceedings shall be had under the provisions of the Code of Georgia and Acts amendatory thereof. Contract or condemnation. Section 75. Said board of aldermen 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 the preservation of the health and comfort of the inhabitants of said city. The said board of aldermen shall have full power and authority to prescribe the kind of water-closets and urinals to be used in the corporate limits of said city, and shall have the power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the board of aldermen, or whenever they shall 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 said city, when such property is located on or near a street where there are such sewers, and under such rules and regulations as may be prescribed by the board of aldermen, and if said property owners fail to connect any water-closet or urinal on the premises with the sanitary sewers of said city within the time prescribed, said board of aldermen may make such connections, and assess the cost of said connection and fixtures by execution issued by the clerk of the council against said real estate, and which execution may be enforced in manner prescribed in this Act for the enforcement of executions in favor of said city. Control and regulation of private works. Section 76. The board of aldermen shall have authority to establish, continue, and maintain a board of health, exclusively

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or jointly with Bartow county, and shall have authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the law and Constitution of this State and of the United States, as they may deem necessary and proper for protecting the health of said city, and from the introduction, generation, and spread, of infectious and contagious diseases therein. Said board of aldermen shall have authority to delegate to the board of health of said city or to the health officer or officers thereof, the right to adopt and promulgate all such rules as are provided for in this section, and when so adopted and promulgated they shall have force and effect as if adopted, enacted and established by the board of aldermen, until otherwise provided by ordinance. Said board shall have authority to fix the term of office and the compensation of the member or members of the board of health or the health officer or officers, and to confer upon them power and duties, not inconsistent with the laws of the State, as the board of aldermen may think best. Provided, that, unless otherwise provided by ordinance, the board of health or health officer or officers, provided for in this section, shall have all the powers and duties within the City of Cartersville as is conferred by the laws of the State upon the boards of health of the several counties of the State; and the right to visit every portion of the city, and to report to the board of aldermen all nuisances which are likely to endanger the health of the said city or any inhabitant. Said board of aldermen shall have power, upon report of the said board of health, to cause such nuisance to be abated, and the recommendations 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 owner of the property upon which the same may be located, as the board of aldermen may elect, and execution may issue against said party to collect the expenses of removal of said nuisance, which

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may be collected by the marshal and by levy and sale as other executions are collected. Health powers. Section 77. Said board of aldermen 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 the board of health should recommend that the 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. If the owners or occupants of the lots or cellars shall fail or refuse, after reasonable notice, either to themselves or their agents, as said board of aldermen may elect, to comply with the requirements of the said board of aldermen, by draining or filling said lots or cellars, it shall be lawful for said board of aldermen to have this work performed and the amount so expended collected by execution, and the sale under such execution shall pass complete title to the property. Nuisances. Section 78. Said board of aldermen may by ordinance declare what shall be a nuisance in said city, and provide for the abatement of same. The recorder's court in said city shall have concurrent jurisdiction with the board of aldermen of said city in respect to the trial and abatement of all nuisances in said city. Abatement. Section 79. Said board of aldermen 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 to punish for violating any of the quarantine regulations of the said city. They shall have power to build or establish a pest house outside of the said 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 the smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city.

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They shall have the power to compel all persons to be vaccinated, whether they be permanent resident 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. Diseases. Section 80. The board of aldermen shall have authority to enact any and all ordinances, rules and regulations necessary for fire protection of the city; to lay out a fire district in said City of Cartersville, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed; to prohibit the use of combustible materials for covering buildings; to change all things that they may deem necessary to protect said city so far as possible from danger from fire, and to prevent conflagration. They also have power and authority to order any changes in the construction or arrangement of chimneys, stove pipes or flues, or the removal thereof, when in their judgment the same is dangerous, or likely to be 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 or regulations of said city, said board of aldermen may order said building removed, and if said person, firm or corporation shall not remove said building after notice to do so, then said board of aldermen shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire regulations. Section 81. Said board of aldermen may exercise general supervision over all buildings of every character within said city, and shall have the right and authority to exercise said

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supervision by passing and enforcing such ordinances as may be appropriate. Buildings. Section 82. The board of aldermen 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, gasoline, naphtha, nitroglycerine, turpentine, cotton, petroleum, kerosene oil, dynamite, or other combustible or explosive substances or material, within the limits of said city; and to regulate the use of lights in garages, stables and shops or other places, or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, sky-rockets, roman candles, firing of guns, pistols, anvils and every kind of gaming or hunting within the corporate limits of said city. Explosives, etc. Section 83. It shall be the duty of the board of aldermen of said city to provide fire protection therefor, and they shall have the power to equip and maintain a department for this purpose; and to make such appropriations as may be advisable for this purpose, and for providing any buildings necessary therefor, and to adopt such ordinances and regulations as will promote the object of this section and for the protection of property from fires. Fire protection. Section 84. Said board of aldermen 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 or freight; to prevent unnecessary noises from locomotives, steam whistles, motor vehicles, bells or other contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for these purposes, and provide penalties and enforce same for violations thereof. Transportation vehicles. Section 85. The board of aldermen 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

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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 thereto charge for the keep of any animal or animals so impounded. Also, when the owner or owners of any 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 prescribed by the board of aldermen. Animals. Section 86. The board of aldermen of said city shall have power to adopt and enforce ordinances for the protection of 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 the said board of aldermen, or some officer appointed to direct same. Trees. Section 87. Said board of aldermen of said City of Cartersville shall have the power and authority to protect all places of divine worship and cemeteries of said city, and to provide one or more cemeteries for the burial of the dead, either within or without said city; to regulate interments therein, and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. They shall have power and authority to prescribe reasonable regulations as to the kind and character of improvements placed on or around the cemetery lots, and to protect any and all monuments, tombstones, curbing or other improvements, from damage by falling trees, or other cause, and may remove any tree or other object on or near any lot in the cemetery, that may cause such damage. Churches and cemeteries.

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Section 88. The board of aldermen of said city shall have power, upon the proof of any house of ill-fame, bawdyhouse, lewd or gaming house, 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 their premises, shall, upon conviction before the recorder, be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 89. From and after the passage of this Act, no person or persons shall be allowed to sell, either by wholesale or retail, or to furnish in any manner whatever, except in cases of sickness or accident, any whiskey, brandy, rum or gin, within the limits of the City of Cartersville. Sale of liquors. Section 90. The board of aldermen shall have power and authority to pass such ordinances as they may think best, not in conflict with the laws of the State, to more effectually prohibit the sale of whiskey, brandy, rum and gin within the corporate limits of the City of Cartersville, and to that end may provide such valid ordinances punishing any person keeping any of the same within the city limits, for illegal sale or dispensing same for advertising purposes. Sale or keeping of liquors. Section 91. 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 board of aldermen may have reasonable cause to believe, or may suspect, to be a blind-tiger, or a place where whiskey, brandy, rum or gin is sold, and to seize the stock of said liquors and the apparatus for selling same; and said board of aldermen shall have full power and authority to abate as a nuisance any place in said city when said board of aldermen shall have satisfactory evidence that whiskey, brandy or gin is sold therein; and to arrest the offender, or offenders; and upon conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, said board

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of aldermen shall have full power and authority to cause the marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and to otherwise punish the offender or offenders as may be prescribed by ordinance. The said board of aldermen shall have full power by ordinance to carry into effect and to enforce the provisions of this section. Entry and seizure. Section 92. The board of aldermen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalty for violation thereof. Idleness, etc. Section 93. For the purpose of raising revenue for the support and maintenance of the government of the said City of Cartersville, the board of aldermen of said city shall have full power and authority for the assessment, levy and collection of an ad varolem 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 one dollar on one hundred dollars, exclusive of the taxes for public schools as now authorized by law; and that for the purpose of providing a sinking-fund for the purpose of paying the principal of any bonds heretofore issued, 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 board of aldermen shall have power and authority to provide by ordinances for the return of all taxable property in said city, and to provide penalties for neglect or refusal to comply with same. Taxing powers. Section 94. The board of aldermen of said city shall have power to impose a tax on all dogs within 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 policemen to kill any dog, or dogs, running

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at large in said city whose owners fail or refuse to comply with such ordinances. Dog tax. Section 95. Said board of aldermen 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, by themselves or by their agents, to register their names, business, 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 business, calling or profession, such amount as the board of aldermen may provide by ordinance. Said board of aldermen 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 said taxes or taking out said license, or who failed to comply in full with all the requirements of the said ordinance made in reference thereto. License taxes. Section 96. Said board of aldermen shall have full power and authority to license and regulate billiard tables, pool tables, tenpin alleys, and all tables kept and used 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 same, and to charge for said license such sum as they may by ordinance prescribe. Games. Section 97. Said board of aldermen 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 power to license brokers in said city, define by ordinance their powers and privileges, revoke their

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license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Broker's license. Section 98. The board of aldermen of said city shall have full power and authority to license, regulate and control all markets in said city, opera houses, hacks, drays used for hauling of any kind, and vehicles for hire, auctioneers, itinerant lightning rod dealers, emigrant agents, all insurance and indemnity companies doing business in said city, trades of all kinds, itinerant dealers in jewelry and medicine, and all itinerant articles of merchandise, except such as are exempted by the laws of the 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, 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 and regulation generally. Section 99. The board of aldermen may, each year, elect three intelligent, discreet and upright persons, citizens and qualified voters of said city, owners of real estate therein, tax assessors, whose terms of office shall be one year. Said city tax assessors may at any time be removed from their office by the board of aldermen for good and sufficient cause, to be judged by the board of aldermen; and all vacancies occurring from any cause may be filled by the board of aldermen at any time; and it shall be the duty of the tax assessors to assess the value of real estate in said city for the purpose of taxation by said city, and it shall be their duty to examine tax returns placed before them by the officers receiving the same, and increase the valuation of personal property thereon when, in their judgment the value placed thereon by the taxpayer is too small. The board of aldermen shall have power to prescribe rules for the government of said city tax assessors. Said assessos shall make returns of the assessments made by them to said

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board of aldermen each year, sixty days before the time for collecting taxes. The city clerk shall cause notice of the filing of the returns to be published in the next issue of the newspaper in which the county advertisements for Bartow County are published, and post notice in the vestibule of the city hall. Within five days from the publication of said notice, not counting Sunday, any taxpayer, his agent or attorney may examine the returns, and may file objections to the assessment of his property with the city clerk. Begining on the second day after the expiration of said five days, the assessors shall begin to hear all persons filing objections, and, after hearing, may lower the assessment if they think justice requires it. The hearings shall be at the city hall. The assessors shall have the right to impose reasonable limits to the time consumed by any objector, and shall make their finding in writing and date it and file it with the city clerk. Any taxpayer dissatisfied with said finding may, within two days thereafter, appeal to the board of aldermen. In such cases the board of aldermen, at their next regular meeting, shall hear such objections, and shall have authority to sustain the assessors, or lower the assessment; Provided, the board shall have a right to adjourn the hearing of all or any of said objections to a later day. Said board of aldermen shall have the power to provide by ordinance for assessing all personal property, not returned for taxation, and for double-taxing defaulters. The city assessors shall take such oaths and receive such compensation as the board of aldermen may prescribe. Such city tax assessors shall have the power to require said taxpayers 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 assessment. All assessments made by said assessors shall become final if no objection is made on or before the time set for hearing objections by the said board of aldermen, notice, such as the board of aldermen may by ordinance prescribe, having been given of such hearings;

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and if objections are made at the said hearing to any assessment, the decision of the board of aldermen, after hearing evidence, shall be final. The board of aldermen, on the hearing of objections, may increase or decrease the assessment as made by the assessors. Tax-assessors. Returns. Notice. Hearing. Section 100. In case any property which is subject to taxation was not assessed, if realty, by the tax assessors or returned for taxation, if personalty, or for any reason has not been assessed for taxation and taxes collected thereon in any year passed, the city tax assessors may at any time assess said property for the said year, or years, and double-tax it if personalty and there has been a failure to return it as required by law; and if the board of aldermen 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. The board of aldermen 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. Assessments. Penalties. Section 101. The board of aldermen shall have the power 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 to fix a penalty for the non-payment of taxes when due. Tax ordinances. Section 102. The board of aldermen of said city be and they are hereby authorized and empowered to collect the taxes of said city semi-annually at such times and under such conditions as the said board of aldermen may by ordinance provide, the collection of said taxes to be enforced as the charter of said city provides.

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Section 103. The assessors of property of said city for taxation shall, in assessing land which is used for agricultural purposes alone, first ascertain what value said land may have by reason of its being within the corporate limits of said city, then ascertain its value for purely agricultural purposes alone, and deduct this purely agricultural value from the value first ascertained, and the amount of value, after such deduction, shall be assessed and subject to taxation as other property in said city; Provided, that the provisions of this section shall not apply to any lands laid out in town lots, or offered for sale as town lots, nor to any lands not actually cultivated in some of the ordinary farm products. Agricultural lands. Section 104. All executions in favor of said city 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 in this charter), and shall be directed to the marshal of said city, and to all and singular the sheriffs and constables of this State, and shall state for what issued and be made returnable to the board of aldermen of said city sixty days after the issuing of the same; and it shall be the duty of the marshal or other collecting officer to advertise the sale of such real estate or personal property as may have been levied on by him to satisfy said execution, in the same manner, respectively, as sheriff's sales of real property or constable's sales of personal property are required by law to be made. All of said sales to be 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 sheriff's and constable's sales of similar property; 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

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of redeeming it within one year by paying the purchaser the amount paid therefor, with ten per cent premium thereof. Whenever at any such sale for taxes due no one 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 a reasonable time, then any duly appointed or authorized agent of the city may bid off such property for said city, and the marshal, or such other officer making the sale, shall make the City of Cartersville 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 officer making the sale shall put the city in possession. The clerk shall enter on his execution docket all executions, giving the date, amount of each and to whom delivered, and all proceedings thereunder; said executions shall also be returned to the office of the 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 the sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. Tax executions, sales, etc. Section 105. The board of aldermen of said city shall have power and authority to sell at private sale any property purchased by the City of Cartersvlile at a sale thereof for taxes or under other process, as well as any other property of the city, that is of no use to the city; and may abandon or abolish streets, sidewalks or other public area when the same are no longer used or useful to the city or the inhabitants thereof. Sale of city property. Section 106. The board of aldermen of the City of Cartersville, as early as practicable, after their term of office begins, shall designate a bank, or banks, which they consider solvent, as depository of the funds of the city, and

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shall be authorized to make contract with said bank, or banks for the payment of interest on daily balances. All funds of the city, including special funds, bond proceeds, and school moneys, shall be deposited with said bank, or banks. Bank as depository. Section 107. The city clerk shall not delay longer than thirty days the issuance of any execution after the date it may first be legally issued for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claim, demand, or debt due the city, and shall not delay the placing of said execution in the hands of the proper officer for levy and sale longer than five days after the same is issued. The officer in whose hands such executions are placed, and whose duty it is to collect the same, shall make levy thereof upon the property of the defendant in execution (of the specific property where it is directed against specific property) when the same can be found, sufficient to make the amount due and advertise for sale not later than the second sale day occurring after the execution is placed in his hands, provided that no failure on his part to comply with this section shall affect the validity of the execution or a later levy thereunder. This section shall apply to all past due fines, forfeitures, taxes, electric, water and gas bills, and other claims. Execution. Levy. Section 108. It shall be the duty of the city clerk to prepare and post in the vestibule of the city hall, in a conspicuous place, between the first and fifth of February and the first and fifth of October, in each year, a typewritten list, under his certificate, of all fines, forfeitures, taxes, and claims of every description past due by any person, showing the amount, when the same became due, and for what it was due, indicating whether or not execution has been issued. Posting of past-due list. Section 109. It shall be the duty of the board of aldermen, within sixty days after the beginning of each and every

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term after the general election every two years, to cause an audit to be made of the city books and accounts by a competent accountant, who shall make a complete report of his accounting, which shall be preserved for the inspection of the taxpayers of the city. Audit of books, etc. Section 110. The public school system of the City of Cartersville and of its governing authority, and all rights, powers and authority of the city with respect thereto, are preserved, as amended, revised and consolidated, and contained in the following Sections 111 to 127, inclusive: Section 111. The board of aldermen has, and shall have, authority to establish, continue, and maintain, and modify from time to time, a system of public schools for the City of Cartersville, to be open not less than six, nor longer than ten, scholastic months in each year. Said board shall have authority to purchase, build, enlarge and rent buildings, appurtenances and furniture for school purposes. Provided, that separate schools shall be established and maintained for white and colored children, all children between the age of six and eighteen years, whose parents, guardians or natural protectors bona fide reside within the corporate limits of said city shall be entitled to the benefit of said schools. The board of education may also admit children into said schools, whose parents, guardians, or natural protectors, do not reside within the corporate limits of said city, upon the payment of such tuition fees as the board may deem reasonable and proper; Provided, that all sums arising from these sources shall be used only for the purposes of maintaining said schools. Said board is authorized to receive all gifts and donations and appropriate the same to the support of said schools. The board of education shall have power to provide a course of instruction for students who desire to engage in studies other than those usually included in an English education, but students who pursue such studies must pay such tuition as the board may determine is proper. Public schools.

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Section 112. The board of aldermen of the City of Cartersville are hereby authorized to levy a tax annually, in addition to that now authorized by law for other purposes, on all the taxable property in said city, not to exceed one per centum, for the purpose of establishing and maintaining a system of public schools in said city; Provided, the money so raised by taxation shall be used only for school purposes, as in this Act set forth. School tax. Section 113. The money raised by authority of this Act, or which the board of education may receive by authority of the same, shall only be used in giving instruction in the English branches of an education. Use limited. Section 114. The pro rata portion of the public school fund of the State, payable to the City of Cartersville, shall be apportioned by the State authorities, direct to the City of Cartersville, and the State Superintendent of Schools is authorized and required to pay to the proper officers, under the school system of the City of Cartersville, such portion of the entire Bartow County fund as shown on the books of the treasurer, as the school population of the City of Cartersville bears to the school population of Bartow County. Apportionment of funds. Section 115. The clerk of the City of Cartersville shall keep accurate account of all receipts and disbursements of the school funds of the city. He shall keep his books in such manner that the entries of receipts and disbursements of school funds remain separate and distinct from the entries of receipts and disbursements of other funds of the city. All disbursements made of school funds shall be by checks or vouchers issued by the clerk and counter-signed by the city manager. Receipts and disbursements. Section 116. The board of education of said city shall provide for the making of reports by the teachers, of the attendance of children in school in said city entitled to draw

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the State School Fund, so that the amount due said city from the State may be estimated. School-attendance reports. Section 117. All annual reports made by the superintendent of Cartersville public schools shall be made in triplicate, and one copy forwarded direct to the State Superintendent of Schools, one to the board of education of the City of Cartersville, and the third to the board of aldermen of the city. In triplicate. Section 118. The board of aldermen of said city shall have power to appropriate from time to time such sums of money for the purposes of building or purchasing school houses or other school property for the use of the public schools herein provided for, as the condition of the treasury may authorize, and shall have authority to provide funds for such purposes, by any other lawful means. Appropriations. Section 119. A board of education for the City of Cartersville is hereby created, to consist of five members from the city at large. Their qualification shall be the same as that of members of the board of aldermen, and their terms of office shall be three years, except as otherwise herein provided, and until their successors are appointed and qualified. The terms of the members of the present, existing, board of education,one expiring first Monday in June, 1937; one the first Monday in June, 1938, and one the first Monday in June, 1939,shall continue in effect for the period of their respective terms, and until their successors are appointed and qualified. It shall be the duty of the board of aldermen, at the first regular meeting after the approval of this Act, to appoint two additional members of the board of education,one to serve until the first Monday in June, 1939, and until his successor is appointed and qualified; the other to serve until the first Monday in June, 1940, and until his successor is appointed and qualified; and it shall be the duty of the board of aldermen, at the expiration of the respective terms of the members

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of the board of education, as herein provided for, to appoint their successors, and each shall serve for the term of three years from the first Monday in June at which time the term of his predecessor expired under the provisions of this Act, and until his successor is appointed and qualified. Three members shall constitute a quorum of the board of education and a majority vote shall be sufficient for the adoption of any motion or resolution, except in the election of superintendents, principals, teachers; or the dismissal of superintendents, principals or teachers, the majority of the entire board shall be necessary. Board of education. Terms. Quorum. Section 120. The board of education, on and after the approval of this Act, shall be vested with the authority to take over and administer the existing public school system of the city, and shall have and possess the power to modify and change such system from time to time in order to make it conform to educational needs and progress; the right and power to prescribe the plan of instruction and organization of the public schools; the exclusive power to employ superintendents, principals, teachers, janitors, and other persons necessary for the execution of its purposes and fix the salaries and compensation within such limits as the board of aldermen may, by ordinance prescribe or approve; and said board of education shall also have the exclusive power to prescribe the mode of furnishing, hygienic arrangement, repairing, cleaning, lighting and heating of all public school buildings. Said board of education shall have the power to provide examinations and make such other suitable regulations governing the efficiency of the superintendents and teachers in scholarship, power to impart information and ability to command discipline; shall have the power to suspend or remove such superintendents and teachers whenever in their discretion such action is to the best interest of said schools, and their action in so doing shall be conclusive and final in all cases. They shall have authority to suspend or expel any child or children from

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the schools, when such child or children persist in disobedience to the superintendents or teachers, and when their conduct is otherwise such that it is, in the judgment of the board, best for the interest of the schools. They shall have authority to delegate to the superintendents and the teachers such disciplinary authority as they may think best. Authority of board of education. Section 121. The members of said board of education shall devote such time and attention to the duties of their office as the efficient performance thereof may require, and their services shall be without compensation, and before entering upon the discharge of the duties of said office shall take and subscribe the following oath: I, (A. B.) do solemnly swear that I will faithfully discharge the duties devolving upon me as a member of the Board of Education of the City of Cartersville, to the best of my skill and ability, and in accordance with what shall to me appear for the best interest of the community and the cause of education, and without fear, favor, affection, reward or hope thereof, so help me God. Duties. Oath. Section 122. Said board of education shall have the power to fix its times for meetings, making such rules for its own government as it may deem proper, and shall elect from its members a president, a vice-president, and a secretary of the board. Meetings. Section 123. The board of education shall keep a book of minutes in which all resolutions and measures passed shall be recorded and all voting for the election of, or dismissal of, superintendents, principals and teachers, shall be done by written ballot bearing the name of the voter, and the minutes shall show how each member voted in all such elections. Minutes. Section 124. The board of education shall not elect or employ any person as superintendent or principal or teacher who is related to any member of said board by blood or marriage in the third degree according to the rules of the

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cannon law; Provided, that this provision shall not prevent the re-election or re-employment of any superintendent, principal, or teacher in said schools who was elected or employed as such, prior to the time when the member of the board of education so related became such member, and provided that the re-election or re-employment of such superintendent, principal, or teacher is accomplished by a majority vote of the board of education, exclusive of the related members. Employment of teachers. Section 125. The board of education shall, on or before the day fixed by the board of aldermen of said city each year, prepare and submit to the board of aldermen for approval and adoption, an estimate of the amount of money which will be required for the maintenance of the public schools for the succeeding year, which estimate shall set forth the various items of expense as accurately as possible, the salaries attached to the various positions being set forth in detail; and it shall be the duty of the board of aldermen, upon its approval and adoption, in their annual levy of taxes, to make such levy as, in their judgment, shall be necessary and advisable to meet the expenditures contemplated in such estimate; and the amount so levied, together with all funds received by the city from the State and county school tax funds and from all other sources for school purposes, shall be collected and deposited to the credit of the City of Cartersville and not diverted, or used for any other purpose, but shall remain a separate fund for school purposes. In case of a deficit in the school fund for any year, the board of aldermen may, by ordinance, supply the same by a supplemental appropriation from the general fund. Estimate for maintenance. Section 126. The board of education shall, each month, submit to the board of aldermen, the pay roll for that month, approved by the superintendent of schools, and the city clerk shall thereupon issue warrants to the employees of the public schools for the respective salaries set opposite their names on such pay roll, drawn on the public school

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fund in the hands of the treasurer of the city, and countersigned by the city manager, as in the case of the city warrants, and the said city clerk shall also issue warrants for such other incidental expenses of the schools as may have been included in the estimate approved in form as other warrants. Pay-roll. Warrants. Section 127. Any member of said board of education may be removed from office for incompetency, inefficiency, neglect of duty, or misconduct in office, or for behaviour unbecoming a member of the board of education, by a vote of three-fifths of all members of the board of aldermen of said city, upon a specification of charges submitted and sustained by proof. Any vacancy in the board of education occasioned by death, resignation, removal out of the city, or otherwise, shall be filled for the unexpired term by the board of aldermen at any regular or specially called meeting for such purpose after the vacancy occurs. Removal from office. Vacancy. Section 128. Be it further enacted, That all Acts and parts of Acts granting corporate authority to the City of Cartersville in Bartow County, and all Acts amendatory thereof, not contained in this Act, are hereby repealed, and that this Act alone contains the charter of said City of Cartersville. Acts repealed. Approved February 8, 1937. CEDARTOWN CITY CHARTER. No. 373. An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government, with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is herby enacted by authority of the same, that the inhabitants of the territory hereinafter described, all of which is located in Polk County, State of Georgia, be and they are hereby incorporated under the name and style of the City of Cedartown, a body politic and corporate, and by that name shall have perpetual succession, and is hereby invested with all the rights, powers, and privileges incident to municipal corporations in the State of Georgia; and all rights, powers, titles, property, easements, and hereditaments, within or without its corporate limits, now belonging to said City of Cedartown, shall be and are hereby vested in the said City of Cedartown as created by this Act; and the said City of Cedartown, 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 commissioners such ordinances, by-laws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as said commissioners may deem proper, not in conflict with this charter, nor in conflict with the Constitution or laws of the State of Georgia or of the United States of America. And the said City of Cedartown shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any terms of years, any property, estate, real or personal, lands, tenements and hereditaments of whatsoever kind, within or without the limits of said city, for corporate purposes; and said City of Cedartown shall have the right to rent, lease, or operate any and all public buildings for any purpose whatsoever; and said city shall have the right and power to receive gifts, donations, bequests and public trusts, and agree to conditions and terms accompanying the same, and the commission of said city is herein empowered to bind said city of carry out the same. Said City of Cedartown, as created by this

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Act, shall succeed to all the rights and remedies of, and is hereby made responsible as a body corporate for, all the legal debts, liabilities and undertakings of the present City of Cedartown, and its former governing authorities as a body corporate, as heretofore incorporated. Corporate name and powers. Section 1-A. Be it further enacted that the corporate limits of the City of Cedartown, in the County of Polk, shall extend to and embrace all the territory within the limits of a circle described as follows: The center of the circle shall be the point in the center of Main Street where the center of Main Street is intersected by the prolongation eastward of the center line of West Avenue, and the circle shall be described with this point as the center, and with a radius of one mile in length, so that the line marking the corporate limits shall be in the form of a circle, every point on which shall be one mile distant from the center point above described; and in addition to the territory within the circle above described, the following tract of land situated on the west side of the territory included within said circle is hereby added to and included within said circle is hereby added to and included within the corporate limits of the City of Cedartown and made a part thereof, to wit: Beginning at a point where the western boundary of the present city limits, within said circle heretofore described, intersects with the south line of West Avenue, thence west along said south line of West Avenue 832 feet to an iron pipe set one hundred sixty-two (162) feet west of the west line of Seventh Street, thence at right angles with West Avenue running north 2,122.7 feet to an iron pipe set in the north line of the Cedartown Cotton and Export Company's property; thence S. 89 degrees 21 minutes E. twelve hundred and seventy feet to the present city limits, within said circle heretofore described, thence in a southwesterly direction on a curve with a radius of five thousand two hundred eighty feet to the point of beginning, containing approximately thirty-four (34) acres. The above-described parcel covers

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part of land lots numbers seven hundred seventy-eight (778), seven hundred seventy-nine (779), eight hundred six (806), in the Second District and Fourth Section of Polk County, Georgia. The territory included in the tract of land last described, added to the territory within the circle, being the same tract of land annexed and included within the city limits of the City of Cedartown by the mayor and council of said city, upon the petition of Goodyear Clearwater Mills and others, which extension of the corporate limits is hereby ratified and the city limits of said city are extended so as to embrace said added territory therein. The city limits may be hereafter extended upon petition of two-thirds of the taxpayers of the territory sought to be included; any part of the territory inside of the city limits may be excluded upon a two-thirds vote of the qualified voters of said city voting at regular election or election to be called for that purpose, said election to be called by the commissioners of said city. Territory. Section 2. Be it further enacted by the authority aforesaid, That the City of Cedartown be divided into five wards as follows: Ward No. 1 shall be bounded as follows: Beginning at the intersection of West Avenue and College Street, and running thence northwardly along the center line of College Street and along a straight line extending northwardly therefrom to the city limits, thence west and south around the circle forming the city limits and including the territory added to the City of Cedartown in 1929 to the center of West Avenue or the extension westward thereof, and thence running east along the center line of West Avenue to the center line of College Street, which is the point of beginning. Ward No. 2 shall be bounded as follows: Beginning at a point in the center of Main Street, at which point Main Street is intersected by West Avenue, thence running southwardly along the center line of Main Street to a point where the center line of Main Street intersects the boundary line of the city limits, thence running

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west and north around the circle forming the city limits and including the territory added to the City of Cedartown in 1929, to the center of West Avenue or the extension westward thereof, and thence running east along the center line of West Avenue to the intersection of West Avenue and Main Street, which is the point of beginning. Ward No. 3 shall be bonded as follows: Beginning at a point which is the center of the intersection of Herbert Street and Main Street thence running southwardly along the center line of Main Street to the city limits, thence running east and north along the city limits line to a point where the same is intersected by the west boundary line of the Central of Georgia Railway right of way, thence northwardly along the west boundary line of the Central of Georgia Railway right of way to its intersection with a straight line running eastwardly from the center of Herbert Street, thence west along said straight line and along the center of Herbert Street to the intersection of Herbert Street with the center of Main Street, which is the point of beginning. Ward No. 4 shall be bounded as follows: Beginning at a point which is the center of the intersection of Herbert and Main Streets, thence running south along the center line of Main Street to a point which is the intersection of Main Street and West Avenue, thence running west along the center line of West Avenue to a point which is the center of the intersection of West Avenue and College Street, thence running northwardly along the center line of College Street and along a straight line extending northwardly therefrom to the city limits, thence east and south along the line of the circle from the city limits to the west boundary line of the right of way of the Central of Georgia Railway Company, thence southwardly along the west boundary line of the right of way of the Central of Georgia Railway Company to a point along a straight line extending eastwardly from the center of Herbert Street, thence running westwardly along said straight line and along the center line of Herbert

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Street to the point of beginning. Ward No. 5 shall be bounded as follows: Beginning at a point on the west boundary line of the right of way of the Central of Georgia Railway Company at which point said right of way is intersected by the northeast boundary line of the city limits, thence running east and south in a circle forming the boundary line of the city limits to a point where said boundary line is interesected by the west boundary line of the Central of Georgia Railway Company on the south-east of the city limits, thence running northwardly along the west boundary line of the Central of Georgia Railway Company to a point where same is intersected by the line forming the city limits, which is the point of beginning. Wards defined. Section 3. 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 (21), and they shall have been residents and citizens of said city for at least two (2) years next preceding their election, and they shall be qualified voters of the City of Cedartown, and they shall have been freeholders for at least two (2) years next preceding their election. The members of said commission shall serve without salary. At their first meeting, or so soon thereafter as possible, the members of said commission shall elect one of their number as chairman, and shall elect another of their number as chairman pro tem. The chairman, or in his absence, the chairman pro tem., shall preside over the deliberations of the commission, but shall have no vote, except in the event the votes of the remaining commissioners are equally divided; he shall preserve order and decorum at all meetings of the commission, and shall enforce the rules of the body, and shall have power to punish all persons for contempt of such rules, and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be made upon

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the chairman of the commission, or in his absence from the county, upon the chairman pro tem. Said commissioners shall be elected from the city at large, irrespective of the wards in which they reside, and shall be elected by the consolidated vote of the entire city. Said commissioners shall be elected for a term of four years, except as hereinafter provided, and until their successors are elected and qualified, subject, however, to recall, as is hereinafter provided. Said commissioners may succeed themselves as many times as they may be elected. Section 4. Be it further enacted by the authority aforesaid, That on the third Wednesday in December, 1937, and on the third Wednesday in December each second year thereafter, an election shall be held for the purpose of electing said commissioners, whose terms shall begin on the first Tuesday in January thereafter, except as hereinafter provided. In the first election held under this charter, the five candidates receiving the highest number of votes shall be declared elected as commissioners; from said five so elected, the three receiving the highest number of votes shall serve for four years, and the remaining two so elected shall serve for two years. After the first election held under this charter, all commissioners elected shall serve for the term of four years. All commissioners shall serve until their successors are elected and qualified. The present mayor and councilmen shall remain in office until the first Tuesday in January, 1938. Commissioners' election and terms. Section 5. Be it further enacted by the authority aforesaid, That only persons qualified to vote for members of the General Assembly of the State of Georgia at the last preceding general election, or have since said time become qualified, shall be entitled to vote in any election for recall, or any election for the initiative or referendum, as herein provided, or any other election held in said city; Provided, they have registered their names, occupations, ages and

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residences in the office of the secretary of said Cedartown City Commission, as required by this Act, and shall have been bona fide residents of said city for ninety (90) days next preceding their registration, as hereinabove provided. Voters. Section 6. Be it further enacted by the authority aforesaid, That the secretary of said city commission shall open a list for the registration of voters sixty (60) days prior to any general election held in said city, which list shall be closed fifteen (15) days prior to said election. In any election to fill any vacancy in any elective office, or for an election for recall, initiative or referendum, or any special election, the registration list of the last general election shall be used: Provided, however, that said secretary shall, upon the calling of any election, immediately open a list for persons who may have since become qualified and desire to register, which said list shall be closed five days prior to said election. It shall be the duty of said secretary, upon the application of any person qualified to vote as herein provided, within the time prescribed for lists to be kept open, to register the name, age, occupation, ward, and place of residence of the applicant, but no person shall be entitled to register or vote who has not been a bona fide citizen, with a continued residence within the corporate limits of said city for ninety (90) days immediately preceding the election. The said secretary is hereby empowered to administer an oath to the applicant touching his right to be registered, which said oath shall be of the same binding force and effect as oaths administered for registration by tax collectors in this State. Registration. Section 7. Be it further enacted by the authority aforesaid, That the secretary of said commission shall furnish the managers of elections, before opening the polls, a complete list of the names, ages, occupations and residences of persons registered, which list shall be returned to the secretary when said elections are over. The presiding managers

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of said elections shall be authorized, when the right of any person to vote is challenged, to administer the following oath to such person: You do solemnly swear that you have resided in the corporate limits of the City of Cedartown, and have been a bona fide resident of said city for ninety (90) days immediately preceding this election; that you have been registered in the time prescribed by the charter of said city, and that you are qualified to vote for members of the General Assembly of Georgia, so help you God. Any person voting at any such election who is not qualified to vote, shall be guilty of a misdemeanor, and upon conviction shall be punished as is prescribed in Section 27-2506 of the Penal Code of Georgia of 1933. List of voters. Oath. Section 8. Be it further enacted by the authority aforesaid, That the persons authorized to hold elections under this charter are ordinaries, justices of the peace and freeholders of the City of Cedartown. There must be three managers at each voting place, to be named by the commission. Persons who cannot read and write shall not be competent to serve as managers. Before proceeding with such election, each manager shall take and subscribe to the following oath before some officer authorized under the laws of Georgia to administer oaths, if present, but if no such officer is present at the time, then said managers may swear in each other, in which event said oath shall be of the same binding force and effect as if taken before a qualified officer: All and each of us do solemnly swear that we will faithfully superintend this day's election; that we are ordinaries, justices of the peace or freeholders of the City of Cedartown (as the case may be); that we will make a just and true return thereof, and will not knowingly permit anyone to vote unless we believe he is entitled to do so according to the provisions of the charter of the City of Cedartwon and the laws of the State of Georgia, nor knowingly prohibit anyone from voting who is entitled by law to

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vote, and will not divulge for whom any vote was cast unless called on under the law to do so, so help me God. Election managers. Oath. Section 9. Be it further enacted by the authority aforesaid, That at the first meeting of said commission in 1938, or so soon thereafter as possible, said commission shall select and fix the place or places of holding all elections held under this charter, which place or places shall be advertised once in the newspaper of said city in which the city printing is done, at least ten (10) days prior to any election held under this charter, and the place or places so selected and fixed shall be the place or places of holding all elections thereafter, unless said commission shall change the place or places of holding all elections, and shall advertise in the newspaper of said city in which the city printing is done, at least ten (10) days prior to any election, that a change has been made in the place or places of holding all elections, in which notice shall be specified such change that has been made. Provided, however, that the election to be held on the third Wednesday in December, 1937, shall be held at the place and under the same rules and regulations as elections are held in said city for the election of the mayor and councilmen for said city. The managers of said election shall be selected by the commission, and the time for keeping open the polls shall be from six (6) o'clock A. M., to six (6) o'clock P. M., Central Standard Time. All votes shall be by ballot, and there shall be kept by the managers, or by three clerks, two lists of the names of voters, which shall be numbered in the order of their voting, and also two tally sheets at each voting place. As each ballot is received the number of the vote on the list shall be marked on the ballot before being deposited in the ballot box, and when any voter is challenged and sworn, it shall be so written opposite his name on the list and also on his ballot. Election places and times. Section 9-A. All primary and general elections shall be held under the system known as the Australian Ballot

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System. Electors shall be provided with proper booth or booths wherein to mark their tickets free from inspection of anyone, and if said elector or electors desire it, they may be assisted by one of the managers or clerks of said election being held. Ballots. Section 10. Be it further enacted by authority aforesaid, That the managers shall not begin to count the votes at any election until the polls are closed. When the votes are all counted, there must be a certificate signed by all the managers, stating the number of votes each person voted for received, which certificate shall be placed in an envelope and sealed with the names of the managers across the seal thereof, and addressed to the Cedartown City Commission, and delivered by one of said managers to said commission at a meeting to be held at the city hall at ten (10) o'clock in the morning after said election, and it shall be the duty of said commission to declare the result of said election. Each list of voters and tally sheets must have placed thereon the signatures of the managers and returned with said certificates of the result of the election. The ballots shall not be examined by the managers or by-standers, but shall be carefully sealed in a strong envelope or box, with the names of the managers across the seals thereof, and delivered to the clerk of the Superior Court of Polk County at the same time they make return of the election, by whom they shall be kept unopened and unaltered, for sixty days, after which time, if said election is not contested, the said ballots shall be destroyed by said clerk, without examining the same himself, or permitting others to do so. And if the said clerk or any other person, shall violate this section he shall, upon conviction, be punished as is provided in Section 27-2506 of the Penal Code of Georgia of 1933. The same rules governing elections for officers shall be applicable in elections for initiative or referendum, or other elections held under this charter. Certificates of election. Lists and tally-sheets. Violation penal.

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Section 11. Be it further enacted by the authority aforesaid, That in case of vacancy in office, elective under this charter, the chairman of the commission, or if he cannot act, the chairman pro tem., shall immediately call a special election, which shall be held as special elections are held, as hereinafter provided in the case of recall. Provided, however, that should said vacancy not exceed a term of one (1) year, the chairman of said commission shall have a right to appoint a qualified elector of said city to fill the said vacancy for the unexpired term. Election on vacancy. Section 12. Be it further enacted by the authority aforesaid, That before entering upon the discharge of their duty each of said commissioners shall take and subscribe to the following oath before some judge or justice of the peace, which shall be entered upon the minutes of said commission: I do solemnly swear that I will faithfully and impartially demean myself as a commissioner of the City of Cedartown during my continuance in office; that I will discharge the duties of the office to which I have been elected to the best of my ability; that in the enactment and revision of all legislation, I will have due regard to the charter of the City of Cedartown, the Constitution and laws of the State of Goergia, and of the United States of America: I do further swear that I have not, in order to influence my election to the office of commissioner, either in the general election or in any party primary, in which I was a candidate, directly or indirectly expressed or implied any promise of support to any person for any office in the government of the City of Cedartown, nor have I influenced my election by the unlawful use of money or other things of value, or by the use of intoxicating liquors; 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 to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office

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I will be governed by my convictions as to the public good, so help me God. Commissioner's oath of office. Section 13. Be it further enacted by the authority aforesaid, That no candidate for commissioner shall, before his election, or in any party primary election, directly or indirectly promise any person to appointment or vote for such person, on any other person, to any office, agency or employment in the government of said city. For a violation of this provision, said candidate making said promise, and the person exacting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in Section 27-2506 of the Penal Code of Georgia of 1933, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person exacting the same shall be a competent witness, one against the other, and shall be compelled to give evidence, and nothing then said by said witness shall at any time be received or given in evidence against him in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Pre-election promises penal. Section 14. Any or all of the commissioners provided for in this charter may be removed from office by an election. The procedure to effect such removal shall be as follows: The secretary of said commission shall prepare a book similar to the registration book of said city, for the purpose of receiving the signatures of the qualified voters of the city, to call a recall election. He shall in like manner prepare and keep a similar book for calling a referendum and initiative. Said book shall be opened at any time upon petition in writing, signed by one hundred (100) qualified voters of said city, which shall plainly and distinctly set forth the purposes, reasons, and character of the election to be called, the name of the officer or officers sought to be recalled, with the specific reason therefor, or setting forth specifically the legislation proposed or opposed

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in due form. In case a petition for recall election shall be filed with said secretary as herein provided, upon it appearing that it contains the requisite number of names of qualified voters, and that same is in due form, he shall open the book for a recall election, and when one-fourth () of the qualified voters who were registered and qualified to vote in the last preceding general election of said city, and who are still residents of said city, shall in person go to the office of said secretary and within (30) days from the opening of said book personally sign the same calling such election, the same shall then be called by the secretary of said commission. The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought the question shall be submitted, Shall (name of person) be removed from the office of (name of office) by recall? Immediately following such question there shall be printed on the ballots the two propositions, in the order set forth: For the recall of (name of person). Against the recall of (name of person). Removal from office. Recall election. Petition. Ballots. The voters shall strike from the ballot one of these propositions, leaving thereon, unscratched, the proposition he votes for. If two-thirds (2/3) of those voting in said election vote in favor of recalling any officer, and those voting in favor of recalling any officer constitute a majority of the qualified voters of the City of Cedartown, his office shall be filled in accordance with the provisions of this charter, and any person recalled may be considered a candidate. In case a petition for initiative or referendum shall be filed with said secretary, as herein provided, upon its appearing that it contains the requisite number of names of qualified voters, and that same is in due form, said secretary shall open the books for the initiative and referendum election, and when one-fourth () of the qualified voters

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who were registered and qualified to vote in the last preceding general election of said city and who are still residents thereof, shall in person go to the office of said secretary and within thirty (30) days from the opening of said books, personally sign the same, calling such election, the same shall be ordered by the chairman of the commission, the city. The ballots used when voting upon any such proposed legislation shall state the ordinance in full, or the title thereof, to be voted on and below it the two propositions, For the Ordinance and Against the Ordinance. The voter shall strike from the ballot one of these propositions, leaving thereon, unscratched, the proposition he votes for. If a majority of the electors voting on any such proposed ordinance shall vote in favor thereof, it shall thereupon become an ordinance of the city. Initiative and referendum election. Ballots. Proposed ordinances for repealing any existing ordinance or ordinances, in whole or in part, may be submitted as provided above for initiating ordinances. Proposed ordinances. Section 15. Be it further enacted by the authority aforesaid, That whenever any election provided for in the preceding section of this Act is ordered, the same shall be held not less than twenty (20) or more than thirty (30) days after a sufficient number of qualified voters have signed the book to call same; Provided, however, that if any commissioner shall be recalled under this charter, the person or persons elected as successor shall only succeed to the unexpired term of such commissioner, subject to the recall, as herein provided. Time for holding election. Succession. Section 16. Be it further enacted by the authority aforesaid, That any party or political organization may hold a primary election for the nomination of candidates, or the expression of party policy, for any general or special election, provided such primary shall be held in accordance with the laws of the State and of this charter for general elections, in so far as same are applicable. Provided, however,

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that any party or political organization desiring to enter candidates for any elective office in the general election herein provided for, shall hold said primary under the same rules and regulations herein provided for the general election, which said primary shall be held by all parties or political organizations on the first Wednesday in December in the year said general elections are held. It is further provided, that only the nominees of said party or political organizations who have been nominated in said primary, shall be voted for in said general elections, unless the names of other candidates have been filed with the secretary of the city commission at least ten (10) days before the date of said general election. Provided further, that the City of Cedartown shall defray the legitimate expenses of said primary elections. Primary elections. Section 17. Be it further enacted by the authority aforesaid, That any person who shall, by offering money, or other thing of value, or by the use of intoxicating liquors, or by promise of office, employment or other reward, or by any other method now or hereafter declared criminal, when such method is used to influence voters in elections in this State, undertake to influence or procure any person to sign a petition for, or the book provided by the secretary of said commission calling for recall, initiatives or referendum election, or any person signing such petition, or said book, who is not entitled under this charter to sign same, or who signs the name of, or who impersonates another; or any person voting in any special or primary election, held in accordance with this Act, who is not entitled to vote in a regular election as is herein provided, shall, upon conviction thereof be punished as is prescribed in Section 27-2506 of the Penal Code of Georgia of 1933. Influence of voting. Penalty. Section 18. Be it further enacted by the authority aforesaid, That it shall be the duty of the commissioners to employ a city manager, who shall be the administrative head

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of the municipal government, and shall be responsible for the efficient administration of all departments. He shall be a man qualified by training and experience to perform the duties of city engineer and superintendent of public works. He shall give his entire time to the city and be paid a salary not exceeding three thousand ($3000.00) dollars per annum. Said manager may be a nonresident, or resident and employed from any place where a man with the necessary qualification may be found. No person who has served as mayor, councilman, or member of said city commission shall be eligible for the position of city manager, until the expiration of two years from the time his term of office expired. The powers and duties of said city manager shall be: City manager. Salary. Duties and powers. (a) To see that the laws and ordinances are enforced. (b) To appoint, except as herein provided, subject to the approval of a majority of the commissioners, the heads of all departments of the municipal government, to wit: Secretary of the commission, city attorney, city physician, recorder, superintendent of public works, chief of police, chief of fire department, or head of any other department which may be established. (c) To remove any of his appointees, or the appointees of the head of any department whose appointment requires his approval, at any time, when he deems such removal necessary or advisable for the public good. (d) To exercise control over all departments created herein or that may hereafter be created by the commission. (e) To attend all meetings of the commission with the right to take part in the discussion, but having no vote. (f) To recommend to the commissioners for adoption such measures as he may deem necessary or expedient. (g) To keep the commission fully advised as to the financial condition and needs of the city.

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(h) To make the commission a budget each year, at the time of levying taxes, showing the estimated income and expenditures of the city for the ensuing year. (i) To perform such other duties as may be prescribed by this charter, or be required of him by ordinance or resolution of the commission. Said city manager may be removed from office by the affirmative vote of a majority of the commission after a hearing given to said city manager. Removal. Section 19. Be it further enacted by the authority aforesaid, That the commissioners of said city shall devote as much of their time to the duties of their office as may be necessary, and shall perform such duties as may be required of them by this charter and the laws, ordinances and resolutions adopted by said commission not repugnant to this Act. Commissioners' duties. Section 20. Be it further enacted by the authority aforesaid, That each of said commissioners shall be to all intents and purposes a justice of the peace, so far as to enable them or any one of them to issue warrants for offenses committed within the jurisdiction of said city, or for a fugitive from justice found within said jurisdiction, which warrant shall be executed by any officer authorized under this charter, or the ordinances of said city, or the laws of the State of Georgia, to make arrests, and said arrests, and said commissioners are empowered to commit such persons to the common jail of Polk County, or admit to bail such offenders (provided the offense is bailable) for their appearance before the next Superior or City Court thereafter for the County of Polk, and it shall be the duty of the jailer of said county to receive all such persons so committed and safely keep the same until discharged by due course of law. Powers.

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Section 21. Be it further enacted by the authority aforesaid, That said commission shall hold a regular monthly meeting on the first Tuesday of each month, and at such other times as said city commission may deem necessary; they may adopt such rules and regulations for their control and guidance as they may see fit, with a right to change same at any time by a majority vote at two separate meetings, or they may suspend such rules temporarily by unanimous consent. They may meet as often in extra session as the chairman, or any three commissioners may designate or call, provided personal notice is given to each commissioner, unless such commissioner is absent from the city or unable to attend on account of illness. They shall keep accurate minutes of their proceedings and shall have all their acts and doings recorded thereon, and all votes taken be aye or no, and shall be made to appear on said minutes. All meetings of said commission for the transaction of business shall be open to the public, with the right to meet in executive session by unanimous vote of said commission. Three commissioners shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative vote of three commissioners to adopt any measure, ordinance, or resolution, except in the case of the initiative or referendum as herein provided. Meetings. Minutes. Quorum. Section 22. Be it further enacted by the authority aforesaid, That the commissioners shall elect one of their members as chairman pro tem., who may exercise all the duties of the chairman in case of his absence or inability to act for any reason. Chairman. Section 23. Be it further enacted by the authority aforesaid, That said city manager may, subject to the approval of said city commission, prescribe the duties and powers of and prescribe the salaries and fees of, except as may be specifically provided by this Act, a secretary, who shall be known as the Secretary of Cedartown City Commission;

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a superintendent of public works, a city attorney, a city recorder, a city physician, a city sexton, an auditor, a building inspector, three city tax assessors, a chief of police, who shall be ex-officio city marshal, as necessary police officers, hereinafter provided in this charter, a chief of fire department, necessary firemen, and such trustees, board members and other officials as the interests of the city may demand. Said commission is hereby further empowered, at any time that they may deem expedient, to create any office, prescribe the duties thereof and fix a salary therefor, looking to the best interest of the city. All salaries for any of said officers shall be fixed by resolution of the commission prior to the election of any person thereto. The present officers of said city shall continue to hold same, subject to the provisions of this Act. Before entering upon the discharge of their respective duties the said officers shall give such bond, payable to the City of Cedartown, in such sum as may be prescribed by ordinance or resolution, to be approved by the commission, and they shall each take and subscribe to an oath, in addition to any specific oath for that particular office, that he will faithfully perform the duties of his office. The office of chief of fire department and buildings inspector may be consolidated by resolution. The duties of sanitary inspector, except as otherwise provided in this charter, shall be performed by the police department or other officials or employees of said city as may be designated by the city manager. Secretary and other city officers. Section 24. Be it further enacted by the authority aforesaid, That said commission shall select, in lieu of a treasurer, some chartered bank or banks as a city depository, in which shall be deposited all city funds as soon as collected. Bank as depository. Section 25. Be it further enacted by the authority aforesaid, That said commission shall select a city auditor whose duty it shall be to thoroughly examine and audit the books of all city officials and all institutions in which the

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said city has a financial interest, at least once each twelve (12) months, and oftener if the said commission shall deem it necessary, and to make a written report of same, which shall be spread upon the minutes of the commission. Auditor. Section 26. Be it further enacted by the authority aforesaid, That said commission may require the city manager to come before them at any regular or special meeting and answer questions, either orally or in writing, and they may require from said city manager at any time written reports upon any matter involving the city that they may deem proper; and said city manager shall report monthly, or oftener if required by the commission, to said commission his general acts and doings, and shall regularly and at stated intervals, at least quarterly, file complete and full reports of the various departments of said city. Reports. Section 27. Be it further enacted by the authority aforesaid, That said commission shall be vested with full legislative power. They may pass ordinances, adopt resolutions, levy taxes, and provide for their collection, fix licenses and provide for their payment, and perform all legislative rights and powers incident to the government of said city. All ordinances and resolutions shall first be reduced to writing, and shall be acted on by said commission, who shall have authority to approve, disapprove or amend the same. Any ordinance or resolution, except as herein provided, may be passed at the time it is offered. Three members of the commission must vote affirmatively to pass any ordinance or resolution; the chairman of said commission shall not vote on any question or matter before the body, except in case of a tie; he shall have the veto power, and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by at least three commissioners, exclusive of the chairman of said commission, on a yea and nay vote duly recorded on the minutes of

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the commission; but unless he shall file in writing with the secretary of said commission, his veto of any measure passed by the body, with the reason which impelled him to withhold his assent, within four (4) days after its passage, the same shall become a law just as if approved and signed by the chairman of said commission. Legislative power. Section 28. Be it further enacted by the authority aforesaid, That said commission shall be vested with full power and authority from time to time to make and establish such rules, by-laws, and ordinances, and to impose penalties for failure to comply with same respecting city property, streets, lanes, alleys, bridges, cemeteries, public buildings and grounds, public houses, water courses, markets, railroads, telegraph, and telephone companies, electric light and power companies, gas companies, erection of buildings, construction of houses, plumbing, drainage, sewerage, fire engines, pumps, forges, blacksmith shops, foundries, fertilizer plants, breweries, tanneries, lumber yards, warehouses, storage rooms, pawn shops, junk dealers, auctioneers, slaughter houses and all kinds of business places and enterprises operated in said city; they shall have power to regulate and prohibit the storage of all kinds of explosives and all combustible material in said city; they shall have full power and authority to pass all laws and ordinances they may consider necessary for the peace, good order, health, prosperity, comfort and security of said city, and of 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 commission shall have full power to adopt and enforce any and all ordinances they may consider necessary or advisable to carry out the powers granted to said city and said commission by this charter, 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

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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. Regulatory powers. Section 28-A. Be it further enacted by the authority aforesaid, That in the event the City of Cedartown, Georgia, acting by and through its city commission as the governing authority of said city, shall at any time determine that any street, lane, alley, avenue, or sidewalk, or any part of the same, is not then needed for street purposes, full power and authority is hereby expressly granted to the said city commission to close, lease, sell and convey or otherwise dispose of any such street, lane, alley, avenue or sidewalk, or any part of the same. Should said Cedartown City Commission determine that it was not desirable to permanently abandon such street, lane, alley, avenue, or sidewalk, or any part thereof, but should desire to preserve the same for future use to the city if needed for street purposes, said Cedartown City Commission is hereby expressly granted the power and authority to lease such street, lane, alley, avenue, or sidewalk, or any part of the same, to any person, firm, or corporation, at such annual rental and upon such terms and conditions as said Cedartown City Commission may deem proper, for a period not to exceed fifty years, with full power and authority to provide in such lease contract for a renewal of the same for a like period, provided the city should not require the use of the same for street purposes at the expiration of such original lease period; Provided that before any street, lane, alley, avenue or sidewalk or any part of the same is closed, sold, leased, conveyed, or otherwise disposed of, a resolution shall be adopted at a regular session of the said city commission, accurately describing such street, lane, alley, avenue, or sidewalk or any part of the same, together with the intentions of the city commission in regard to the same, and as to the disposition of the same, together with the

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name of the person, firm, or corporation to whom it is to be disposed, and the terms and conditions upon which the same is to be disposed of, which resolution shall thereupon be published in the newspaper in which marshal's sales are advertised, once a week for four weeks. Thereupon, if at the end of such publication no objection is made, the said city commission can proceed by ordinance to make such disposition. If, however, objection is made by any citizen or property owner of the City of Cedartown, full hearing shall be given such objection before such ordinance is adopted. And provided further, that in case the closing, selling, conveying, leasing, or otherwise disposing of any such street, lane, alley, avenue, or sidewalk, or any part of the same, shall result in special damage to any citizen or taxpayer of the City of Cedartown, the said City of Cedartown shall be liable therefor. Street improvements. Section 29. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to declare what shall constitute a nuisance and to pass such ordinances as may be necessary to prevent same; and by ordinance they may empower the recorder to abate same and authorize the removal of such nuisance by the proper officials; they may provide for the punishment for the person, persons, firm, or corporation perpetrating, causing or continuing same, and provide for the collection of such expense by execution, said execution to have the same force and effect as city tax executions, and to be enforced in the same way. Nuisances. Section 30. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to regulate by ordinance the selling, weighing, measuring of hay, wood, ice, coal, coke, and all other articles sold by weight or measure; to require dealers to keep honest weights and measures, and to provide for the inspection and regulation of such weights and measures, and to provide

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for the regulation and inspection of gas, electric and water meters, and to compel the correct reading of the same, and to fix penalties for any violation of this section. Weights and measures. Section 31. Be it further enacted by the authority aforesaid, That said commission is empowered to license, regulate, restrain, or prohibit the running at large, within the corporate limits of said city, of cattle, horses, swine, sheep, goats, geese, chickens, ducks, or other fowls and animals and to impound the same, and on notice being given to sell same for penalty imposed by or under any ordinance, and to assess the cost and expense of the proceeding against the owner; and said commission is further empowered to regulate and prohibit the running at large of dogs and to provide against injury or annoyance therefrom, and to authorize the disposition of same; they are further empowered to provide penalties for breaking any pound or releasing any animal or fowl impounded by authority of this charter. Animals at large. Section 32. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to prescribe by ordinance adequate penalties for all offenses against the laws and ordinances of said city, and to punish offenders by fine not to exceed one hundred ($100.00) dollars, imprisonment in the city jail, or Polk County jail, not to exceed 60 days, or sentence to work on the streets of said city not to exceed three months, any one or more or any part of any one or more of said punishments, in the discretion of the recorder or any officer trying the offender. Penalties. Section 33. Be it further enacted by the authority aforesaid, That the said city commission shall have full power and authority to organize a chaingang in said city, under such rules and regulations as may be adopted by said commission, and to cause offenders against the laws and ordinances of said city to work in said chaingang, on the street

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or other public works of said city as said commission may direct. Chain-gang. Section 34. Be it further enacted by the authority aforesaid, That said commission may codify all ordinances and by-laws of said city, together with the charter of said city, into one book, to be known as the Code of the City of Cedartown, and when same is adopted by said commission, said code shall be admitted in evidence in any of the courts of this State, upon the certificates of the secretary of the said commission certifying the same to be the code of ordinances and laws of said city. Code of the city. Section 35. Be it further enacted by the authority aforesaid, That there is hereby established for and in said city a court to be known as Recorder's Court, to be presided over by the city recorder, who shall be appointed by the city manager, subject to approval by the commission, with jurisdiction to try all violations of the laws and ordinances of said city; said recorder shall have power and authority to punish for contempt of court not to exceed a fine of fifty ($50.00) dollars, work in the city chaingang not to exceed 60 days, or imprisonment in the city or county jail not to exceed 30 days, any part or all of said punishment may be inflicted, in the discretion of the court; he shall have full power and authority to compel attendance of parties and witnesses at said court, and for this purpose shall have full power and authority to require bail to secure such attendance, and to issue appropriate orders for the forfeiture of recognizance given in pursuance of this charter; all warrants, summons, subp[oelig]nas or other process issued, requiring appearance or attendance on said Recorder's Court, shall be issued by the secretary of the city commission, directed to the chief of police, any policeman or other arresting officer of said city, and bear test in the name of the recorder; said Recorder's Court shall be governed by the rules of the Superior Court of the State of

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Georgia, in so far as they may be applicable to such court, and a sound construction of this charter and the laws of said city. The said commission may, from time to time, pass further rules and regulations regarding said court, not in conflict with this charter and the laws of the State of Georgia. Recorder's court. Section 36. Be it further enacted by the authority aforesaid, That it shall be the duty of the city recorder to preside over the Recorder's Court, with full power and authority to issue warrants for the violation of any municipal ordinance, and to hold such court, and prescribed by this charter, or by ordinance, for the trial of offenders against the ordinances of said city and to impose such penalties for a violation thereof as may be prescribed by ordinance, and he shall have full power and authority incident to or belonging to the office of the justice of the peace, except for the trial of civil cases. The salary of said city recorder to be fixed by said city commission. Recorder's duty and power. Section 37. Be it further enacted by the authority aforesaid, That said commission is empowered to provide such forms of accusations, warrants, summons and other papers necessary in trials for the violation of the laws and ordinances of said city. Trials. Section 38. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to compel the attendance of parties and witnesses at the Recorder's Court, and upon meetings of the commission, and shall have full power and authority to provide by ordinance for the taking and receiving from parties and witnesses of such bail as may be necessary to secure the attendance of parties and witnesses. When any person, or persons, are arraigned before the Recorder's Court, charged with a violation of any of the ordinances, regulations, or rules of said city, the recorder may for good cause shown by either side, continue the hearing to such time as the

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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 trial, the bond may be forfeited by order of the recorder, and after such forfeiture, if the principal of said bond fails to appear and submit to trial at the next regular sitting of the court, said forfeiture shall become final and the clerk shall issue execution thereon against the principal and the surety; Provided, that the recorder shall have authority to cancel such forfeiture if it be made satisfactory to appear that the failure of the principal of said bond to appear for trial as required by the bond was not due to his fault. Witnesses. Bail. Appearance bond. Forfeiture. Section 39. Be it further enacted by the authority aforesaid, That whenever, from any cause, the recorder of said city cannot be in attendance to hold Recorder's Court, or if it should appear that he is disqualified in any case, it shall be the duty of the chairman of the commission to appoint a member of said city commission to preside in said court in the place and stead of said recorder, and all the acts and doings of said appointee shall be as binding as if performed by the said recorder. Chairman may preside. Section 40. Be it further enacted by the authority aforesaid, That the right of certiorari from the decision and judgment of the recorder, or the commissioner residing in his place, shall exist in all criminal cases, as provided by the laws of the State of Georgia. Certiorari. Section 41. Be it further enacted by the authority aforesaid, That for the purpose of raising revenue for the support and maintenance of the government of said City of Cedartown, including the payment of bonds, interest on the bonded debt, and the creation of a sinking fund for the extinguishment of said bonded debt, and for paving and macadamizing streets, and for all other purposes, the said

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city commission shall have full power and authority for the assessment, levy, and collection of ad valorem taxes on all real and personal property owned or held within the corporate limits of said city which, under the laws of the State, is subject to taxation, not to exceed twenty-two and one-half (22) mills on the assessed value of all such property; Provided, however, that of said assessment 1% or ten (10) mills of said assessment, or such part thereof as may be necessary, shall be used for the support and maintenance of the public school system of said City of Cedartown, including buildings, repairing buildings, and improvement of school properties. Taxing powers and purposes. Section 42. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to require any person, firm, company or corporation, whether resident or nonresident, of said city, who may engage in, prosecute, or carry on, or who is engaged in prosecuting or carrying on any trade, business, calling, vocation or profession in the corporate limits of said city by themselves, or their agents, to register their names, business, calling, vocation or profession annually, and if operated under a trade name, not incorporated, to show all persons having any interest in such business, and to require said person, company or corporation to pay for said registration and for license to prosecute, engage in or carry on any business, calling, or profession, such amount as the commission may provide by ordinance, not to exceed two thousand ($2,000.00) dollars. Said commission may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinance to pay such taxes or to take out such licenses for the same, who shall engage in such business, profession, or occupation, before paying such taxes, or taking out such license, or who fail to comply in full with all requirements of such ordinances made in reference thereto. Provided, the terms of

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this section shall not apply to members of those professions who pay a special annual tax to the State of Georgia. License and registration. Section 43. Be it further enacted by the authority aforesaid, That said commission shall have full power and authority to condemn, regulate, tax, and license all automobiles, coaches, drays, hacks, jitney busses, and all other vehicles using the streets in said city for hire. Vehicles. Section 44. Be it further enacted by the authority aforesaid, That said commissioner may, by ordinance, license, tax, regulate or prohibit billiard rooms, ten-pin alleys or other such alleys, inns, taverns, hotels, restaurants, lunch stands, cafes, social clubs, saloons, theaters, moving picture shows, dance halls, or other places kept for public entertainment. They are also empowered to license and regulate livery stables, garages, gasoline service stations, or other places of this kind for the use and benefit of the public. Games. Section 45. Be it further enacted by the authority aforesaid, That said commission shall require all male persons, from the ages of 21 to 50, liable to perform road duty by the laws of this State to perform such duty by work on the streets of said city under the direction of the proper officer of said city; Provided that the commission of said city shall have power to levy a street tax in lieu thereof, and Provided further, that all persons who shall refuse to pay said tax on or before such time as the said commission may prescribe by ordinance, shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be dealt with by the recorder as for violation of the ordinances of said city, or may be compelled to work on streets or public works of said city. Road duty. Street tax. Section 46. Be it further enacted by the authority aforesaid, That said commission shall have the power and authority to alter and fix the time for making tax returns,

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and to provide for the collection of taxes quarterly, semi-annually, or annually, and to have assessment of property made in accordance therewith. Tax assessments. Section 47. Be it further enacted by the authority aforesaid, That the owners of properties within the corporate limits of the City of Cedartown shall make returns thereof to the secretary of the commission on or before the first day of April of each year of all property subject to taxation owned by them on the first day of January of each year. It is further enacted by said authority that all license taxes assessed by said commission authorized to assess license taxes for said city, shall be due and payable on the first day of January of each year and unless paid by the first day of February thereafter, shall be subject to a penalty of 15% additional. The failure to pay said license tax, as herein provided, shall subject said party, firm, or corporation to the penalties prescribed in Section 32 of this charter. Tax returns. Penalty. Section 48. Be it further enacted by the authority aforesaid, That the annual expense of said city shall be so restricted as not to exceed the annual income of the city after paying the interest on the bonds and providing a sinking fund for the final payment of the principal of said bonds. Annual expense. Section 49. Be it further enacted by the authority aforesaid, That it shall be the duty of the commission to set aside annually a sum sufficient as a sinking fund to retire the bonded indebtedness of said city as same becomes due. Sinking-fund. Section 50. Be it further enacted by the authority aforesaid, That the annual appropriation made by the commission may be varied as to the amounts apportioned for the defferent purposes, but these variations are not to retroact on time expired, or to enlarge in any manner the

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aggregate appropriations for the year, and no money shall be appropriated for any purpose except by resolution of the commission as herein provided, which shall be void unless it specifies upon its face upon which of said funds it is to be drawn; and in order that the said commission may know at all times the true financial condition of the city, the said secretary shall prepare and read and enter upon the minutes at the opening of each regular meeting a balance sheet showing the gross revenue of the fiscal year and expenses voted by the commission up to that time, and also the amount of the said several sums estimated as aforesaid, and what part of the same has been, up to that time, appropriated, and what part remains unappropriated. Appropriations. Section 51. Be it further enacted by the authority aforesaid, That the commission of said city shall have power and authority to borrow by making a temporary loan or loans to supply casual deficiency of revenue, not to exceed the revenue of said city according to the assessed value of the taxable property therein in any one year. Loans. Section 52. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of the city commission to keep separate all funds levied to pay the bonds of the City of Cedartown and the interest thereon, and to see that all such funds are applied to the payment of the principal and interest of such bonds as they mature; and such funds shall not be used for any other purpose than that for which they were levied. Such secretary shall report annually, and at such other times as he may be called upon to do so by said commission, the amount received by him and disbursed for this purpose. Separate funds. Reports. Section 53. Be it further enacted by the authority aforesaid, That whenever the said secretary of the Cedartown City Commission shall pay and take up any bonds or coupons of the City of Cedartown, that he shall report

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such payment to the next regular meeting of the commission, and the commission shall cause to be recorded upon its minutes the fact of the payment, together with a description of the bonds and coupons so paid, and shall cause said bonds and coupons at such meeting to be perforated with the word Paid, or so mutilate it as to make impossible for further sale or negotiation of such bonds or coupons. Payment of bonds. Section 54. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of the Cedartown City Commission to provide and keep a book for the registration of all bonds, on which book he shall record the transfer of any of such registered bonds, and shall certify upon such bonds the fact of such registration and transfer. When any bonds are registered and the coupons are detached therefrom, the secretary of the commission shall report such fact to the commission and produce such coupons at the next meeting of the commission, and such coupons shall there be defaced and canceled as provided in Section 53 hereof. Bond registration. Section 55. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of said commission to record all bonds given by city officials on the minutes of the commission, and to thereafter file and preserve as a permanent record of his office the originals of such bonds. Bond record. Section 56. Be it further enacted by the authority aforesaid, That no license or permit to do business required by the charter and ordinances of said city shall be valid unless the secretary of the commission has endorsed upon the same that said person, firm, or corporation taking out the same as registered in his office, in compliance with the terms provided by ordinance, and any person who does or attempts to do business of any character, for which a license or permit is required, without complying with this

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section, may be arrested for a violation of the same and punished in such manner as may be provided by the ordinances of said city. Business licenses. Section 57. Be it further enacted by the authority aforesaid, That if any person, firm, or corporation fail to return their property for taxation, or secure a license or permit to do business, or pay street tax, or pay taxes on dogs, or to register as provided in Section 42 of this charter, at the time prescribed by this charter and the ordinances of said city, it shall be the duty of such secretary of the commission to search out and require the same to be done, and impose, in addition to such regular tax or license, 15% of the regular tax or license, as a penalty for said default, as is provided in this charter. That said secretary shall keep a separate book in which all such delinquent returns, licenses, permits, and persons subject to street tax shall be entered, and it shall be the duty of said secretary to collect same, including all cost accrued thereon. Delinquent tax returns. Section 58. Be it further enacted by the authority aforesaid, That it shall be the duty of said secretary of the commission to make a full report to the commissioner of all taxes due and uncollected at such times as may be fixed by the commission, and he shall make a full report of all taxes remaining uncollected on the first day of December in each year, and on the 31st day of December of each year it shall be the duty of such secretary to make a final settlement for the fiscal year with said commission. It shall be the duty of said commission to pass upon all matters pertaining to said settlement, and allow to said secretary such credits for errors as may be apparent, and such credit for insolvent taxes as he may show to their reasonable satisfaction cannot be collected; Provided, however, that nothing in this Act shall be construed as in any way repealing any power on the part of said secretary to issue. fi. fas. for all amounts not paid in accordance with

Page 1629

the charter and ordinances of said city, nor in any way to restrict the duty of the marshal or chief of police of said city to levy fi. fas. and collect the money due thereon by the sale of property or otherwise, as provided in said charter and ordinances. Report of taxes due Section 59. Be it further enacted by the authority aforesaid, That said commission is empowered and authorized to levy a tax upon all property, real and personal, within said city. Tax levy. Section 60. Be it further enacted by the authority aforesaid, That said city commission shall have full power and authority to elect three persons, freeholders, residents and citizens of said city, as city assessors, who shall hold their office for one year, unless removed by the commission for cause. It shall be the duty of said assessors to assess the value of all real estate and personal property at a fair market valuation within the corporate limits of said city; they shall make a return to the city commission of the assessment of all property subject to taxation by the 15th day of June in each and every year, and the said commission shall place said assessment so returned in the hands of the secretary of the commission, who shall enter the same in his books with other taxes, and the same shall be collected as other taxes of said city; Provided, that any party dissatisfied with the returns of the assessors as prescribed above, may at once file with the secretary of the commission a statement of his objections, with request to be heard by the commission upon the matter complained of Upon the filing of said statement and request, which shall be addressed to the Cedartown City Commission, it shall be the duty of the secretary to notify the chairman of the commission, or in his absence or disqualification, the chairman pro tem., who shall call a meeting of the commission at the earliest time practicable, at which meeting of said commission shall be fixed a day and hour not later than

Page 1630

the first day of August of each year, at which time all appeals from the assessors herein contemplated must be heard. It shall be the duty of said secretary to give prompt and timely notice of the day and hour fixed for hearing appeals to all parties who have filed their statement and request as aforesaid, as well as to the board of assessors. All appeals from the assessors to the commission shall be heard on the day designated for hearing appeals, unless continued to another time, and the decision of the commission thereon shall be final. After such appeal has been heard by said commission, said commission may raise or lower the assessment complained of. Said commission is authorized, however, in its discretion, to employ some person or persons experienced in the business, for the purpose of assisting the assessors in making a fair and impartial survey and assessment of all real estate on the front foot basis, and the improvements to be assessed separately, same to be made at a fair market valuation, and if such survey and assessment is made, the commission may provide that the same may stand for a term of not more than four years, subject to such physical changes as may take place. Any person dissatisfied with the assessment so made may appeal to and have the same reviewed by the commission, upon the same terms and conditions as hereinabove provided for a review when the assessment is made by the city assessors. After the returns of personal property have been made, it shall be the duty of said assessors to examine same and re-assess the property so returned, or assess any property not returned under such regulations as may be prescribed by the commission and the charter. Tax-assessors. Appeals. Section 61. Be it further enacted by the authority aforesaid, That the said assessors, before entering upon the discharge of their duties, shall take and subscribe to an oath before the chairman of the commission to equitably, faithfully, and truly assess all the real estate within the corporate limits of said city at its fair market value, and

Page 1631

to return such assessment to the commission. They shall receive for their services such salary and be allowed such an amount for actual expenses for personally visiting all property assessed and making assessment thereon, as the commission shall by resolution order. Oath of assessors. Section 62. Be it further enacted by the authority aforesaid, That it shall be the duty of the city marshal to levy and collect all fi. fas. for taxes, assessments, and fines due to City of Cedartown, and all other fi. fas. that may be issued under authority of this charter, to advertise and sell property so levied on and make title to the purchaser, and to put the purchaser in possession of property so sold, under the same rules and regulations that govern sheriffs or deputy sheriffs at sheriffs' sales; he shall perform such other duties as the commission may by ordinance require of him; he shall give bond in such an amount as may be required by resolution of the commission. Marshal's duty. Section 63. Be it further enacted by the authority aforesaid, That whenever any personal property has been levied on in the City of Cedartown, if such property is of such character as to render its removal to the place of sale more than ordinarily expensive or inconvenient, the same may be sold at any place within the corporate limits at public outcry within the hours now provided by law, and after having given notice required by law. Sale of personalty. Section 64. Be it further enacted by the authority aforesaid, That all executions in favor of said city for the enforcement and collection of any fine, forfeiture, assessment, taxes, or other claims, demand or debt, shall be issued by the secretary of the commission and bear test in name of the chairman of the commission, except when otherwise provided in this charter, and shall be directed to the city marshal of said city, and shall state for what issued and made returnable to the Cedartown City Commission 90 days after issuing the same; and it shall be the

Page 1632

duty of the city marshal, or collecting officer, appointed by the city marshal, with the approval of the city commission, to advertise the sale of such real estate or personal property as may have been levied upon 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 by law to be made. All of said sales shall be made at the place and within the usual hours of sale that sheriffs' and constables' sales are made, and under the same rules and regulations governing sheriffs' sales and constables' sales of similar property. 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 sales under execution for State and county tax. 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 10% premium thereon. Executions. Levy and sale on advertisement. (a) Whenever at such sales no one present shall bid for the property put up for sale as much as the amount of such execution and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of the city may bid off such property for said city, and the city marshal, or such other officer making the sale, shall make the City of Cedartown a deed to the property so sold and deliver the same, and the title thus acquired by said city shall be perfect and valid after the period provided for redemption by the owner shall have expired, and the city marshal or other officer making the sale shall put the city in possession. The secretary shall enter on his execution docket all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. Said execution shall be returned to the office of the secretary after being satisfied. All sales and conveyances made under execution as provided in this section shall have all the force and effect of

Page 1633

sales and conveyances made by sheriffs of this State, and the officer making the sale shall have the same power as the sheriff to put purchasers in possession of property sold by them. Bids. Deeds. Section 65. Be it further enacted by the authority aforesaid, That all deeds by the City of Cedartown or the city marshal, pursuant to tax sales or sales under execution issued for the collection of local assessments or other indebtedness to the City of Cedartown, shall be admissible in evidence on the same terms as deeds made pursuant to sale for taxes due the State and county; Provided, it shall be competent for the parties denying the validity of such deed to put in evidence the proceedings prliminary to the execution of such deed. The purpose of this section being to give to such deed the same prima facie force and validity which is accorded to the tax deeds made by officers of the State and county. Evidence. Section 66. Be it further enacted by the authority aforesaid, That the city manager shall have general supervision of all streets, lanes, alleys, and sidewalks in said city, the construction and upkeep of all public buildings and grounds in the city, the laying and construction of all sewers, drains, and curbs in said city, the waterworks, and all that is connected therewith, the electric lights, and all that is connected therewith, and the performance of all other duties that may be required of him by ordinance or resolution. Supervision. Section 67. Be it further enacted by the authority aforesaid, That said City of Cedartown, through said city commission, shall have full power and authority to make contracts concerning and having exclusive power over the streets, alleys, water courses, sewers, drains, bridges, public grounds and buildings, and any other public property within said city, except as afterwards provided in this charter. Said city authorities may also drain and fill up wells,

Page 1634

ponds, cellars, or low ground, or compel the owners to do so, and may provide for the assessment of the cost of any such improvement upon the property thereby benefited, or for the payment of such costs by the city. Said commission may also cause buildings, structures, or other things in the way of any street, sewer, or other public improvement, to be taken down, removed, or appropriated, upon payment of damages, as provided by law; and may enter upon, seize, appropriate, and condemn for streets, alleys, sewers, drains, parks, cemeteries, or other public purposes, all lands, easements, and rights-of-way of any person, company, or corporation owning, controlling, or having an interest in any streams, steam railroad, electric or other street railway, bus lines, or any other property, whether used for private or public puposes, and whether such lands, easements and rights-of-way or other public or private property be occupied by any person, company, or corporation or not, upon payment of damages for the purpose so taken. And in case the parties at interest cannot agree, then the city may proceed to assess the damage as provided by the laws of Georgia, and set out in Sections 36-201 to 36-609, inclusive, of the Civil Code of 1933. Powers general. Section 68. Be it further enacted by the authority aforesaid, That all officers and agents employed by the city, except ordinary laborers and mechanics, shall take and subscribe to an oath to faithfully perform the duties of their office, and if required by resolution of the commission, shall give bond payable to the City of Cedartown, Georgia, in some reputable surety company authorized to do business in this State, for such an amount as the said commission may designate, to be approved by said manager, conditioned for the faithful performance of the duties of their office. Premiums on such bonds to be paid by the City of Cedartown. Officers' oath and bond.

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Section 69. Be it further enacted by the authority aforesaid, That whenever said commission shall deem it proper to macadamize, pave, or otherwise improve any of the streets, lanes, or alleys, or to improve the sewerage or waterworks system of said city, they shall have a survey made of the streets, sewers, and waterworks systems, and plans, specifications, and estimates of the cost of the improvements contemplated, they shall establish and fix a grade of the streets to be improved and shall determine the size and location of the sewers and the mains for the water system; thereupon said commission by and through the city manager may then proceed to make said improvements as hereinafter provided. Street, sewer, and water improvements. Section 70. Be it further enacted by the authority aforesaid, That said City of Cedartown, by its commissioners, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Cedartown, and to improve the same by paving, macadamizing, and draining the same, whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations in this Act. Street improvements. Section 71. Be it further enacted by the authority aforesaid, That the city commission of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the sidewalks, streets, squares, public lanes, and alleys of said city and no grading, paving or macadamizing shall be done except under the direction of the city commission. No owner or other person, firm or corporation shall have any authority to pave, grade or macadamize any of the streets, sidewalks, squares, public lanes or alleys of said city; but all such paving, grading or macadamizing must be done either by the commission itself, or by contract made by said city commission as hereinafter provided. Streets and sidewalks.

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Section 72. Be it further enacted by the authority aforesaid, That whenever said city commission shall deem it necessary or advisable to grade, pave, or macadamize any of the streets of said city, said commission shall pass a resolution, which shall be entered upon the minutes of said city commission and published in two issues of a newspaper published in the City of Cedartown, which resolution shall give full particulars relative to the paving project, the street or streets to be paved or macadamized, the materials to be used, the part or parts of said street to be paved or macadamized and the approximate cost of said paving project. Said resolution shall appoint or fix a date not later than 15 days subsequent to said publication for a hearing before the commission. Any property owner or other interested party shall have the right to appear before said commission at the date so fixed, to file any objection or protest relative to said paving project; and if the owner or owners or more than one-half of the linear front footage of the land fronting on such improvement are liable to assessment to pay for such improvement on such street shall not, within the time fixed by said resolution or ordinances, file with the secretary of said commission their protest in writing against said paving project, then said commission shall have the power to either undertake the paving contract by itself, or to contract therefor, and to levy assessments for the cost of the same against the properties and the owners of the properties adjacent to and abutting on either side of said street or streets. Any number of streets which said commission may deem it necessary or advisable to pave, may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except when treated as one project, as herein provided. Whenever said city commission shall pass a resolution as hereinbefore provided, the cost of said project or projects shall be assessed as follows: The entire cost of said project, including

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grading, excavating, engineering, the laying of water or gas lines, newspaper advertising, and other things usual and incident to the proper paving of any street, including all intersections, shall be devided on a basis of one-third to the owners of property adjacent to or abutting said street on one side, and one-third of said cost against the owners of properties adjacent to or abutting on the other side of said street so paved, and one-third to be paid by the City of Cedartown. When said assessments have been made against said property and the owner or owners thereof, if not paid on or before the date fixed by the city commission, the secretary of said commission shall issue an execution against said property or properties and against the owner or owners thereof, which execution shall be superior to all other liens against said property, except liens for taxes. When an execution is issued, as herein provided for, it shall be the duty of the chief of police, or city marshal, to levy upon and advertise said property or properties for sale, in the same manner as other executions for taxes are levied on real property, as provided by law. Whenever any property shall be sold by virtue of said executions, such sales shall vest absolute title in the purchaser, and the chief of police, or city marshal, shall have authority to eject any occupant and to put the purchaser or purchasers into full possession; Provided, the owner of said real estate shall have the right to file his affidavit of illegality, denying the whole or any part of the amount for which said execution is issued, and shall state the amount which he admits to be due, which amount admitted to be due, with all cost, shall be paid before the affidavit of illegality shall be received, and the affidavit of illegality shall be returned to the Superior Court of Polk County, and then tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. Procedure on making improvements. Assessments. Action and defense. Section 73. Be it further enacted by the authority aforesaid, That whenever any owner or owners of property

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or properties adjacent to any street, avenue, alley or lane desire to have said street, avenue, alley or lane paved, macadamized, or otherwise improved, and shall petition the city commission to have such paving, macadamizing, or improving done at the expense of the property owners abutting or adjacent to any such street, alley, avenue or lane, said city commission shall pass a resolution, if they deem such a paving, macadamizing or improving necessary or expedient, and cause said resolution or ordinance to be published in the manner and form provided for in Section 71 and 72; and providing that the entire expense shall be paid by said property owners, and in the event that the owners of the majority of the linear footage, on both sides of the street, avenue, alley or lane fail to file their written objection or protest, as provided in Section 72, then said commission shall either undertake, themselves, to do said paving at the expense of said property owners or contract for said paving, macadamizing or improving, in the same manner as hereinbefore provided in Section 71 and 72 of this charter, excepting that the entire cost shall be assessed against the property owners. Ordinance or resolution. Section 74. Be it further enacted by the authority aforesaid, That in addition to, and cumulative of, the plan or plans of paving, macadamizing, or improving any street or highway of said city heretofore provided for in this charter, the city commission of said city may in its discretion cause said paving, macadamizing, or improving of any street or highway to be done under the plan known as the Baby Bond plan of city paving, whereby the assessments for the cost of the same are paid in 10 annual installments. In the event this plan is adopted for any project, then all the procedure enacted by the General Assembly in 1924, amending the charter of the City of Cedartown, shall be followed. Said Acts of the General Assembly; 1924, pages 484 to 497, shall be followed as if fully set out in this charter. Bond plan.

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Section 75. Be it further enacted by the authority aforesaid, That whenever any property owners shall petition for any paving, improving, or macadamizing of any street, alley, lane or avenue, they shall set forth fully in their petition the kind of paving, macadamizing or improving desired and the materials desired to be used, and when such petition shall have been filed with the city commission, they shall cause an estimate to be made of the approximate cost thereof, which approximate cost shall be stated in the resolution and published as hereinbefore provided for. Estimate. Section 76. Be it further enacted by the authority aforesaid, That whenever all the owners of all the linear footage abutting on, or adjacent to, any street, avenue, alley or lane shall petition the city commission for the paving, macadamizing or improving of same, setting forth in said petition the type of paving, macadamizing or improving desired and the materials desired to be used, and if said commission shall determine that it is necessary or expedient to pave, macadamize, or improve said street, alley, avenue or lane, it will be unnecessary to publish any resolution with reference to same, but said paving, macadamizing, or improving in that event, may be performed in the manner or manners provided for by this charter. Publication avoided. Section 77. Be it further enacted by the authority aforesaid, That whenever city commission shall deem it necessary or advisable to pave or repave any sidewalk of said city, they shall pass a resolution or ordinance stating that it is necessary to lay said paving of such sidewalk, which paving shall be done by the commission, or under its direction, the entire cost of same to be assessed against the abutting property, which assessment shall be a lien against said property and the owner thereof, and collection shall be enforced as other executions in favor of the city are enforced. All assessments under this Act for paving,

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grading, macadamizing, or improving streets, alleys, avenues or sidewalks shall bear interest at the rate of 7% per annum from the date said assessment became due. Lien. Section 78. Be it further enacted by the authority aforesaid, That if the city commission shall deem it necessary to lay any curb and gutter in any street or alley, it shall order same to be done and the abutting property shall be liable only for one-third of the cost of the same for which the city may issue execution as other executions in favor of the city are issued and enforced. Execution. Section 79. Be it further enacted by the authority aforesaid, That in all cases where the City of Cedartown, by its commissioners, shall deem it necessary to repave, redrain, remacadamize or otherwise improve any street, alley, avenue, lane, sidewalk, or other public place, which had been paved or improved prior to the passage of this law, such repavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act and all such provision for making such improvement and levying assessments therefor and the issuance of bonds shall apply; Provided, that in the judgment of said commissioners of said city the pavement is worn out and no longer serviceable. Worn-out paving. Section 80. Be it further enacted by the authority aforesaid, That in computing time as to the publication of notices in a newspaper, as required by this Act, the time shall be the number of days therein specified exclusive of all Sundays and legal holidays. Time computation. Section 81. Be it further enacted by the authority aforesaid, That whenever the abutting land owners of any street, alley, avenue, or lane of said city petition the City of Cedartown as herein set forth, or the commissioners of said city, pass the resolution or ordinance provided for in Section 71 of this charter, for the pavement of any street,

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avenue, alley, lane, or other public place, where the State or any of its political subdivisions is the owner of any property on said street, the frontage so owned is to be counted as if owned by an individual and shall be likewise treated for the purpose of assessment; and where the State is the owner the Governor is authorized to sign any petition provided for in this charter, and where the county is the owner the chairman of the Board of Roads and Revenues for Polk County is authorized to sign in behalf of the county, and where the City of Cedartown is the owner the chairman of the commissioners is authorized to sign for the City of Cedartown. Signatures authorized. Section 82. Be it further enacted by the authority aforesaid, That a sinking fund commission be and is hereby established, to be composed of three intelligent and upright citizens of said city, whose members shall be appointed by said city commission. The chairman and other members of said commission shall be elected or appointed by said city commission in its first meeting in January, 1938, or so soon thereafter as possible, and shall hold office for a term of two years, and until their successors in office shall be elected and qualified. The members of said commission shall take an oath to faithfully perform the duties of their office. Any member of said commission may be removed from office by said city commission for cause, and any vacancy caused by removal, death, resignation or otherwise, shall be filled by the city commission. The chairman of the sinking fund commission shall give bond with a surety company in such an amount as the city commission may prescribe, the premium to be paid by the City of Cedartown, and he shall also receive such compensation as may be fixed by the city commission. The other members of said commission shall serve without pay. The surety company making said bond shall be one authorized to do business in Georgia; and in the event it has no agent in Cedartown, upon whom process may be served, it shall designate some person within

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the County of Polk upon whom process may be served. It shall be the duty of said commission to receive and invest and keep secure all moneys, funds, securities, which may come into their possession from any source whatsoever; to receive from the secretary of the city commission all moneys collected for the retirement of the city's bonded indebtedness, and to invest the same in municipal or State bonds, which they may deem safe and secure; to receive from the secretary of the city commission all moneys paid by the Georgia Power Company on its indebtedness on its note dated August 28, 1929, given for the purchase price of the light plant, formerly owned by the City of Cedartown, except the interest on said payments, and to invest said money in good municipal or State bonds, for the retirement of the city's bonded indebtedness, as such may become due; to pay over to the secretary of the city commission, from time to time, such sums in its possession and held for the retirement of said bonded indebtedness as said bonds may be presented and become due; to find a safe depository for all securities and moneys held by them, and to make an annual report to the first meeting of said commission every year; and to collect and reinvest any securities held by them which may become due. The present acting sinking fund commission shall turn over to their successors in office all moneys, securities and papers in their possession, taking a receipt therefor and filing a duplicate copy with the secretary of the city commission. Sinking-fund commission. Election, oath, bond duties, etc. Section 83. Be it further enacted by the authority aforesaid, That in the event charges are brought against any official or employee of said city for failure to perform the duties of their office or position, or for any other cause, said charge or charges shall be heard by the said commission after said party shall have been notified in writing, with a copy of the specific charge or charges made against him, five days prior to the hearing. When such charge or charges have been made, the city manager shall have discretionary

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authority to suspend such officer or employee until such charge or charges are finally disposed of by said city commission; and in the event any member or members of said city commission are disqualified for any cause to try said charge or charges the remaining qualified members of said commission shall appoint from the city sinking fund commission a member or members to act in lieu of the member or members of said city commission so disqualified. Said city commission shall have authority to prescribe the rules and manner of procedure in the trial, and shall have authority to fix a time and place of hearing such charges. Trial of charges of failure in duty. Section 84. Be it further enacted by the authority aforesaid, That any person or persons desiring to contest the result of any primary election shall file his notice with the party authority or authorities conducting said election, within three days after said election has been held, specifying in particular his claim or claims regarding said contest; and said party or political organization shall report the result of its finding to the secretary of the city commission within seven days, excluding Sundays, after said election has been held, and the said city commission shall enter the name of the candidate or candidates reported as being the successful candidate or candidates by said party or political organization on the ticket for the general election. Any person or persons filing a contest shall serve a copy of his contest upon the person or persons reported by the election managers as the successful nominees, within three days after said election has been held. Any person or persons desiring to contest the result of a general election, as reported by the election managers, shall proceed in the manner as now prescribed by the laws of this State. Contest of election. Section 85. Be it further enacted by the authority aforesaid, That it shall be the duty of the city manager,

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and he is given full power and authority to improve, keep in repair, light, sprinkle, and clean, as far as the same is possible within the appropriations made by the commission for such purposes, the streets, sidewalks, crossings, bridges, lanes, alleys, waterworks, public buildings, and grounds, sewers, drains, and other property of said city, except where otherwise provided in this charter, either by contract or by agents and employees of the city, and shall have authority to purchase all necessary materials and implements for any and all such work to be done, and shall also have complete control and authority over any new construction work of any kind which may be determined upon and ordered by the commission. Said city commission shall determine and pass resolutions providing for all new construction work upon the streets, sidewalks, crossings, bridges, lanes, alleys, sewers, drains, waterworks, public buildings, and grounds, and other public property, and shall also provide the character and quality of materials to be used. Said work to be done under the supervision and control of the city manager. In the event any work is done by contract under the provisions of this section, such contract shall be made after advertisement once a week for two weeks for proposals, with the right reserved to reject any and all proposals; and in the event of any contract being made, the contractors shall execute a bond payable to the City of Cedartown, in an amount equal to the contract price, signed as security, by a surety company authorized to do business in this State, conditioned for the faithful performance of said contract. Before beginning to pave or macadamize any street, the said commission shall fix and designate the location and position for telegraph, telephone, electric light and power and street railway poles and wires and gas pipes thereon, and shall have power and authority to require the owners or persons using same to place the same as thus located, at their own expense. Manager's powers and authority. Commission's duties.

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Section 86. Be it further enacted by the authority aforesaid, That the said commission shall have full power and authority to lay out, establish, plot, open, widen, narrow, straighten, extend, grade, pave or macadamize streets, lanes, alleys, public grounds, parks, public buildings, bridges, viaducts, markets, and other places within the said city, or to have same done under the direction of the city manager, and whenever the city commission shall exercise or desire to exercise the power of establishing, plotting, opening, widening, narrowing, straightening, extending or to do anything else which would involve the actual taking of private property, they shall proceed to do so as is now provided by the laws of the State of Georgia in Sections 36-201 to 36-607, inclusive, of the Civil Code of Georgia of 1933, and the amendments thereto, or any amendments that may hereafter be made. Other powers. Taking of private property. Section 87. Be it further enacted by the authority aforesaid, That said commission shall have full power and control of the waterworks and sewerage system of the City of Cedartown, lying within and without the city limits; to make such extensions and betterments thereof as can be paid out of any surplus income therefrom, or out of any appropriations that may be made by said commission for that purpose; to regulate the distribution and use of water in all places and for all purposes, and from time to time to fix the price and payment for the use thereof. The secretary of the commission shall issue execution against tenants and landlords, jointly and severally, for water rents due by them, or either of them, to be levied and collected by the city marshal of the said city in the same manner and under the same rules and regulations as now apply to constables' sales in this State, and the cost thereof shall be the same as now apply to such sales. Defendants in such executions who are not so indebted for water tax, may resist the payment thereof by illegality, returnable to either the justice courts held in the City of

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Cedartown, where the amount does not exceed one hundred ($100.00) dollars, and to the City or Superior Courts of Polk County, where the amount exceeds that sum. The city manager is authorized to require payment in advance, or at maturity, for water furnished by the city in or upon any building, place, or premises, and in case payment shall not be made as required, to shut off the water from such buildings, place, or premises, and to keep the same, at his discretion, shut off until the arrears due for water, with interest thereon, shall be fully paid, and by himself, officers, or agents, to enter any dwelling or other house where water is taken or used and where unnecessary waste is known or suspected, and examine the cause thereof, to prevent any such waste; and to make or require to be made any alteration in the pipes, stop cocks or other apparatus necessary for such purpose; to examine all surface pipes, stop cocks, and other apparatus connected with said system, and to ascertain whether the same are of the character and dimensions fixed in the manner directed therefor, and to shut off the supply of water until such examination and repairs are made. Waterworks and sewerage. Section 88. Be it further enacted by the authority aforesaid, That said commission may provide for and collect an annual rental for each connection made to any sewer inside and outside of the city limits, the terms, conditions, and rental thereof to be determined before any such connections are made; and said city commission shall have authority to make assessment for the use of such sewerage lines. Rentals. Section 89. Be it further enacted by the authority aforesaid, That there is hereby established in said City of Cedartown a system of public schools. Section 90. Be it further enacted by the authority aforesaid, That a board of education, to consist of nine members, be and the same is hereby established. On the

Page 1647

third Wednesday in December, 1937, and on the third Wednesday in December in each second year thereafter, an election shall be held in said city for the purpose of electing members to said board of education, whose terms shall begin on the first Tuesday in January thereafter, and except as hereinafter provided, the members of said board shall serve for four years. In the first election held under this charter, the eight candidates receiving the highest number of votes shall be declared elected as members of said board of education. Of said eight members so elected, the four receiving the highest number of votes shall hold office for four years, and the remaining four members so elected shall hold office for two years. Thereafter, the terms of office of the members of said board of education, except the one elected from said city commission, as hereinafter provided for, shall be for four years. On the first Tuesday in January, 1938, or so soon thereafter as possible, and on the first Tuesday in January annually thereafter, said city commissioners shall elect from their number one commissioner who shall serve as a member of said board of education. Vacancies in said board of education caused by death, resignation, disqualification, or otherwise, shall be filled by the remaining members of said board; Provided, that a vacancy in said board of education, caused by death, resignation, disqualification, or otherwise, of the member of said board of education elected from and by said commissioners, as aforesaid, shall be filled by said city commissioners; and in any event the person or persons so appointed or elected by said board of education or by said city commissioners, as aforesaid, shall serve only for the unexpired terms of the office for which they were elected or appointed. The members of said board of education shall be upright and intelligent citizens of said city, and shall hold office for the term for which they were elected, and until their successors are elected and qualified. The present board of education of said city shall continue in

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office until the first Tuesday in January, 1938, or until their successors are elected and qualified. There shall be no limitation on the number of successive terms the members of said board of education may serve. Public-school system. Board of education. Section 91. Be it further enacted by the authority aforesaid, That it shall be the duty of said board of education immediately after their organization, or as soon thereafter as practicable, to organize and elect from their number a chairman, a vice chairman and a secretary-treasurer; said members shall serve without pay, except that the board of education may allow the secretary-treasurer of said board compensation for his services, not to exceed two hundred ($200.00) dollars per annum. Before entering upon the discharge of their duties, the members of said board of education shall take and subscribe, before the chairman of the commission, or in his absence, the chairman pro tem., to an oath to faithfully and impartially discharge the duties of their office. Provided, the board of education of said city may purchase school furniture, fixtures and equipment necessary for the proper and efficient operation of the city schools. Duties. Pay. Oath. Section 92. Be it further enacted by the authority aforesaid, That said board of education and the individual members thereof, shall be amenable to the said city commission, and may be removed from office upon trial and conviction for neglect of duty, malfeasance in office, or for using their official position to advance their political or private interests. In the event of removal as provided in this section, the said city commission shall elect the successor of the member or members so removed, to fill the unexpired term. Removal. Section 93. Be it further enacted by the authority aforesaid, That said board of education shall have supervision and control over said public schools in accordance with the provisions of this charter, and they shall elect

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and fix the salaries of the superintendent and faculty and such other persons as may be necessary for the efficient operation of said system of schools for each ensuing year. In the selection of such superintendent and faculty, they shall endeavor at all times to secure the most efficient persons for those positions, keeping in view the moral character of each. Control of schools. Section 94. Be it further enacted by the authority aforesaid, That children of nonresidents or whose parents are not bona fide residents of the City of Cedartown, may be entered in the public schools of said city, only on condition that before entering such public schools each child shall pay to the superintendent of said schools, in advance, such rates of tuition per month as the board of education may prescribe for the respective grades. Non-resident children. Section 95. Be it further enacted by the authority aforesaid, That said board of education shall pay over to the secretary of the commission all money received by them from any source whatever belonging to said school fund, and shall take the receipt of said secretary therefor, and file the same with their papers. School fund. Section 96. Be it further enacted by the authority aforesaid, That the State School Superintendent is hereby authorized and directed to pay over to the Board of Education of the City of Cedartown, for the use of said schools, under such rules and regulations as the board of education may prescribe, the proportion of the State school fund to which said city is entitled, to be expended in the maintenance of said public schools as authorized and directed by the Constitution and laws of the State of Georgia. Superintendent. Section 97. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of the Cedartown City Commission to pay over all moneys received by him from any source whatsoever for the benefit of said

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public schools, to the city depository as soon as practicable, notifying said depository for what purpose said money is deposited. Said secretary in each instance shall take receipt of said depository therefor showing date of deposit, the amount and purposes for which same is deposited, which said secretary shall file and safely keep as his voucher for said sum. Upon the deposit of said school fund, the city depository shall enter same to the credit of the school fund, and said fund shall be drawn out only on the warrant of the chairman of the commission, signed by him and attested by the secretary of said city commission, which said warrants shall show upon their face the date issued, the number thereof, the purpose for which issued, and the person to whom issued, which shall correspond with a record thereof by and in the office of the secretary of said commission; the said depository shall not honor any warrant unless it is drawn in accordance with the aforesaid requirements. It shall be the duty of said depository to file and safely keep all warrants paid as vouchers for the money so paid out. Secretary. Warrants. Section 98. Be it further enacted by the authority aforesaid, That it shall be the duty of such board of education to make reports to said commission at such times as they may be called upon to do so, of all matters pertaining to said public schools, and the books, papers, bills, and vouchers of said board of education shall, at all times, be open to inspection and examination by the commission or such other agency as they may employ for that purpose. Reports. Section 99. Be it further enacted by the authority aforesaid, That the said city commission are authorized and empowered to pass such ordinances and resolutions, not in conflict with this Act, as they may deem for the best interest of said public schools, and further define the duties of said board of education. Ordinances, etc.

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Section 100. Be it further enacted by the authority aforesaid, That there shall be appointed, in accordance with and subject to the provisions of this charter, five trustees from said city, who shall exercise and discharge the corporate powers of said city, in reference to the Hawkes' Children's Library, and such other public libraries as may hereafter be established, to be known as the library trustees. Said trustees shall elect and appoint, subject to the approval of said city commission, all persons in charge of said library or libraries, but said city commission shall fix their salaries. This provision being made in view of sections 32-701 to 32-705, inclusive, of the Civil Code of the State of Georgia of 1933. Said board shall be appointed at the first meeting of the governing authorities in January, 1938, and every two years thereafter, and serve for a term of two years and until their successors are elected and qualified. The present board of trustees shall continue to serve as such trustees until the first meeting in January, 1938, and until their successors are elected and qualified. All vacancies in said board shall be filled by the remaining members of said board, but any person appointed to fill any vacancy shall only be appointed for the unexpired term. Library trustees. Section 101. Be it further enacted by the authority aforesaid, That said city commission shall have power and authority to establish by ordinance a board of health, to serve without compensation, to provide the funds necessary for its establishment and maintenance, and to specify its functions, powers, and duties. Said board of health, if established, shall consist of three members to be appointed by the city manager, with the approval of said city commission, one of whom shall be the city physician, and the other two to be qualified voters of said city. They shall serve for such terms as may be fixed by the commission. Said board of health, if established; or if none is established, then the city manager, shall require the police department

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to look after the matters hereinafter designated; and the commission shall have authority to pass ordinances for the following purposes, and to provide penalties for any violation thereof: Health board. (a) To prevent the deposit of any unwholesome substances either on public or private property, and to compel removal to any designated point of any substances so deposited; to require slops, garbage, ashes, and other waste, or unwholesome material, to be removed to designated point, or to require occupant of premises to place them convenient for removal. They may provide for the destruction of such substances, or their use for some beneficial purpose. Plenary regulations of persons and property. (b) To require the occupants or owners, of any premises, buildings or out houses, when the same has become filthy or unwholesome, to abate or cleanse the same, and to authorize such cleaning to be done by the proper public officer, and to assess the expense thereof, and collect such expense from said occupant or owner. (c) To establish quarantine regulations and to authorize the removal to designated places or the confinement of persons having infectious or contagious diseases. For the purpose of this clause the city is given jurisdiction for two miles from the corporate limits thereof. (d) To compel all persons living or coming within the city limits to be vaccinated, and to provide the means and manner thereof. (e) To regulate and require reports and records of births and deaths. To make such requirements as may be deemed necessary to prevent the spread of contagious or infectious diseases, and to make all regulations that may be deemed expedient for the promotion of health and the suppression of disease.

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(f) To require the inspection of gas and water pipes, plumbing, sewerage, and drainage of private premises, or elsewhere and compel them to be repaired or made safe and secure by the owner or occupant of the premises or buildings with which they are connected, and on failure of such owner or occupant to do so, to authorize or require such connections to be cut off until such repairs are made. (g) To provide for the inspection of food, milk, dairies, markets and slaughter pens, and for the proper enforcement of this clause, said commission may provide for a food inspector of said City of Cedartown, to be appointed by the city manager subject to approval of the commission, and to fix, by ordinance, his term of office, compensation, and duties, or said city manager may select some other official of said city to perform these duties. The said inspector provided for in this clause shall have authority to visit all dairies, butcher pens, or places where animals are slaughtered, within the County of Polk, the products of which are offered for sale within the corporate limits of the City of Cedartown, and to condemn the same in accordance with such rules and regulations as may be provided by said commission by ordinance; and when such establishments have been so condemned it shall be unlawful for any person to sell or offer for sale, the products thereof within the corporate limits of the City of Cedartown, and the said commission are authorized and empowered to prescribe penalties for violation of this clause; said inspector shall also have authority to inspect all meats, vegetables, fruits, milk, and other food products offered for sale within the corporate limits of said city, and to condemn and have same destroyed in accordance with such rules and regulations as may be provided by said commission by ordinance. Said commission is also empowered to require all persons offering meats, milk, or other food products for sale within the corporate limits of said city,

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to obtain a permit to do so before offering such meat, milk, or other food products for sale. (h) Said commission may establish, erect, maintain, and regulate a city hospital; they are empowered to rent, lease, or make arrangements with private hospitals; they are empowered to open, construct, and keep in repair garbage and sewer disposal works, sewers, drains, and ditches, they are empowered to regulate all water closets and privies within said city. Hospital. (i) If said commission established a board of health, as herein provided, said board of health shall have authority to provide rules, regulations, and by-laws necessary for their government, and for the proper sanitation of said city, and for the protection of public health. Health. Section 101 A. Be it further enacted by the authority aforesaid, That said city manager shall have full and complete control of the waterworks system and sewerage system of said city, and of the selection of all help required in connection therewith, and the fixing of salaries and wages, with approval of said city commission. The present waterworks board shall serve until the first Tuesday in January, 1938. Water and sewerage. (a) Said commission is authorized to pass all necessary ordinances and fix penalties for the enforcement of this section and each subdivision thereof. Section 102. Be it further enacted by the authority aforesaid, That a police department is hereby created for said city, to consist of a chief of police, and such other officers, patrolmen, roundsmen, and other arresting officers who shall be deemed necessary by said city commission. Said chief of police shall be ex-officio city marshal, in the event no city marshal is elected by the city commission. Police department. Section 103. Be it further enacted by the authority aforesaid, That from and after the first Tuesday in January,

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1938, it shall be the duty of said city commission to apply all installments of the principal of the purchase price of the light and power plant contract with the Georgia Power Company, said contract dated the 28th day of August, 1929, and appearing on the minutes of the mayor and council, to the payment of the bonded indebtedness of the City of Cedartown, Georgia. Said installments of the principal shall be paid over promptly as collected by the city commission to the city sinking fund commission, as provided for in this charter, to be used only for the retirement of the bonded indebtedness of said city. Payments on bond debt. Section 104. Be it further enacted by the authority aforesaid, That it shall be the duty of the secretary of the city commission to pay over promptly the installments of the principal of the purchase price of the light and power plant due the City of Cedartown by the Georgia Power Company as described in Section 103, to the sinking fund commission to be invested by said city in State, municipal or government bonds for the retirement of the bonded indebtedness of the City of Cedartown, taking from said sinking fund commission a proper receipt therefor, which receipt shall be properly entered upon his books. Light and power contract. Section 105. Be it further enacted by authority aforesaid, That the said commission of the City of Cedartown shall not be permitted to make any change in the manner of payment of such installments due under the contract with the Georgia Power Company, by discount or otherwise, or to apply any part of the principal of such installments due under said contract for any purpose other than to payment of the city's bonded debt, without being authorized to do so by a popular referendum by the voters of the City of Cedartown, lawfully conducted under the same rules governing elections for the issuance of municipal bonds.

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Section 106. Be it further enacted by the authority aforesaid, That in the event the said commission shall at any time deem it advisable to apply any part of the principal of such installments due under said contract with the Georgia Power Company to any other purpose than the city's bonded debt, a resolution shall be adopted by the said commission declaring it to be advisable and desirable that a certain portion of any such funds or securities remaining on hand shall be applied to a certain purpose other than the city's bonded debt, said purpose to be stated in the resolution, and the amount proposed to be applied thereto, and calling an election to be held in accordance with the rules governing elections for the issuance of municipal bonds, in which said question shall be submitted to the legal voters of the City of Cedartown. The resolution shall provide for the form of the ballots, and the resolution shall be published for the same period of time as required under the law governing elections held for the issuance of municipal bonds. All the requirements of the law in regard to elections for the issuance of municipal bonds shall govern, so far as applicable, but it shall not be necessary to file any petition in the Superior Court for validation as required in case of municipal bonds. When the election has been duly held, after proper notice, and the result thereof has been duly declared, said commission shall have the right, in the event the election results in favor of the proposed application of such funds, to proceed to apply said funds as authorized by the voters at said election. Payment to other purposes, how authorized Section 107. Be it further enacted by the authority aforesaid, That it shall be the duty of said chief of police and police officers to preserve the peace, protect life and property, prevent as far as possible the violations of the ordinances of said city and the laws of said State, and arrest offenders against such ordinances and laws, and to perform such other duties as may be required of them incident

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to their office. It shall be lawful for the chief of police, policeman, or any other arresting officer of said city to arrest with or without warrant, subject to the general law of the State, 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 ordinances of said city, the laws of the State of Georgia, or who are fugitives from justice found in said city, and hold such persons so arrested until a hearing of the matter before the proper officers having jurisdiction of such cases 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 for a reasonable length of time. Said officers are authorized to the same extent as sheriffs, to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State; and they are hereby vested with all the powers given to sheriffs of this State as to the pursuit, arrest, and detention of persons charged with crime. The said officers are also authorized to arrest anywhere within the limits of the County of Polk, any person charged with violating any of the ordinances of said city; Provided, that when the arrest is made within 24 hours after the offense is committed, they are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to written warrant signed by the recorder, or one of the commissioners of said city. The said chief of police, or other arresting officer of said city, may take bonds for the appearance of persons arrested by them, before the Recorder's Court for trial, and all such bonds may be forfeited as provided in this charter. Said arresting officer shall be entitled to receive the same fees as sheriffs for executing State warrants and for performing such other duties as arresting officers are required to perform in prosecution of offenses against the laws of the State of Georgia. Police officers' duties.

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Section 108. Be it further enacted by the authority aforesaid, That all arresting officers of the City of Cedartown, as provided in this charter, shall have the power and authority to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State, and the city commission shall have authority to provide punishment for any person or persons failing to refusing to obey such summons. Arrests. Section 109. Be it further enacted by the authority aforesaid, That a fire department is hereby created for said city, to consist of a chief and such foremen and firemen as may be determined by said city commission by resolution. The chief of said department shall be appointed by the city manager, subject to the approval of the commission. The foreman and firemen shall be appointed by the chief of the department, subject to the approval of said commission. Fire department. Section 110. Be it further enacted by the authority aforesaid, That the chief of the fire department may also be designated as building inspector, and as such shall perform, either by himself or through subordinates, all necessary duties that may be provided by this charter, or the ordinances of said city incident to the duties of said office. Chief. Section 111. Be it further enacted by the authority aforesaid, That said city commission is hereby empowered to regulate the construction of chimneys, smoke-stacks, hearths, and ovens, the erection of stoves and stove pipes, boilers and apparatus in buildings or other places, and cause the same to be removed or made secure when considered dangerous. They may authorize the chief of the fire department, any commissioner, and other designated officers or agents of said city, at all reasonable hours, to enter and examine all dwellings, outhouses, business houses, lots and yards in said city, and to inspect all places where fire is used or is liable to occur, and to take all necessary

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means to prevent danger therefrom; and to compel occupants and owners of houses and other buildings to make scuttle holes in the roofs thereof with stairs or ladder reaching the same, and to compel the erection of fire escapes; they are also empowered to require and regulate the use of smoke consumers. Regulations for fire prevention. Section 112. Be it further enacted by the authority aforesaid, That said commission is hereby empowered to provide for the inspection and regulation of all electric work and wiring, and the plan of operation of all moving pictures or other machines or plants by machinery or electricity on private property or elsewhere, and to compel such work, if defective, to be repaired or made secure by the owner or occupant of the place or building with which such wires or electric apparatus is connected, and on failure of any such owner or occupant so to do, to require the electric current and other connections to be cut off until such repairs are made, or defects remedied, and said commission is authorized to compel compliance with such requirements, and the building inspector or other agent of said city may be empowered by said commission to compel the enforcement of this section of this charter. Electric regulations. Section 113. Be it further enacted by the authority aforesaid. That said commission is empowered to define the fire limits of said city, and to regulate the character of buildings and the erection thereof within such limits; to limit the height to which buildings may be erected in the city: to regulate the construction of buildings as to foundations; walls, roofs, doors, windows, and floors, so as to secure safety in the structure and to prevent the spread of fire, to authorize, require, and provide for the inspection of such buildings and structures, erected or to be erected or in process of erection; to require a permit for the erection, repairing or remodeling of any building and to authorize the revoking of such permit, and the condemnation of any building already erected in whole or in part,

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and to provide penalties for violation of this section. Said commission shall have authority to require and collect a fee, not to exceed fifty ($50.00) dollars for each permit so granted. Building regulations Section 114. Be it further enacted by the authority aforesaid, That said commission is empowered to compel persons about to undertake any work which may be dangerous, or is likely to involve liability upon the city, to execute a bond with good and sufficient security, conditioned for the payment of any damage that may be sustained by any person from such work. Damage bond. Section 115. Be it further enacted by the authority aforesaid, That the City of Cedartown, through its commission, is hereby authorized and empowered to erect and operate an electric light and power plant, to be owned by said city, with authority to furnish lights and power for the streets and other public places in said city, and, in the discretion of said commission, to furnish lights and electric power to private persons, firms or corporations, within said city and its vicinity, and to charge and collect for such private lights and power. Electric works. Section 116. Be it further enacted by the authority aforesaid, That for the purpose of erecting an electric plant in said city, said City of Cedartown shall have authority to issue bonds not to exceed the sum of two hundred thousand ($200,000.00) dollars, to bear interest not exceeding the rate of 5% per annum; said bonds and interest to be payable at such times and in such amounts as the commission of said city may by resolution determine; Provided, however, that said bonds shall not be issued by said City of Cedartown until an election has been held to authorize such issue under the terms of the Constitution and laws of the State of Georgia providing how municipal authorities may incur debt. Bond issue.

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Section 117. Be it further enacted by the authority aforesaid, That the said city commission is authorized to erect and operate an electric plant as herein provided out of any funds not specifically appropriated which may come into their hands by virtue of the present taxing power of said city, or by virtue of the sale of the bonds hereinbefore provided for, or they may levy a special tax in addition to the tax now authorized by law, upon all the real and personal property in said city sufficient to raise an amount that may be necessary for the erection and operation of such plant, to be determined by said commission, and the special tax herein authorized may, in the discretion of the commission, be divided into such annual assessments as said commission may determine, not exceeding four, the said commission to have authority to make a contract with any person or persons who may erect said plant and pay for the same, in whole or part in said bonds, the said bonds to be received by said person or persons at not less than par value; said special tax herein authorized to be levied shall in no event exceed one half of 1% upon the real and personal property of said city, and the same may be collected in quarterly, semi-annual, or annual installments as the commission may determine. Electric plant. Section 118. Be it further enacted by the authority aforesaid, That the commission of the City of Cedartown is hereby authorized to operate said electric light and power plant as one of the departments of said city under the supervision of the city manager, or under any existing department of said city, or they may organize a separate department for the purpose of running said plant. In either event, the operating body shall have such powers and authority as the commission may by ordinance determine. Electric department. Section 119. Be it further enacted by the authority aforesaid, That the said City of Cedartown shall have power and authority to erect, operate and maintain a gas

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plant, and for that purpose shall have authority to issue bonds not exceeding two hundred thousand ($200,000.00) dollars, upon the same terms and conditions as hereinbefore specified for the erection and maintenance of an electric plant; and shall also have power and authority to erect and operate same by direct taxation under the same terms and conditions as hereinbefore specified for the erection and maintenance of an electric plant; and in either event all of the rights, powers, and privileges conferred upon the city with respect to an electric plant are conferred upon said city with respect to said gas plant. Gas plant. Section 119 A. Be it further enacted by the authority aforesaid, That the City of Cedartown, Georgia, in addition to the authority granted in this charter for the erection, equipping and operation of said electric light and gas plants, shall have the authority to erect, equip and operate the said gas plant and the said electric light plant, either or both, by issuing bonds for the same, which bonds shall be a lien only against said gas plant and electric light plant and their equipment, and shall not be a general obligation of the city for which an ad valorem tax may be levied. Bond issue. Section 120. Be it further enacted by the authority aforesaid, That any officer of said city who may be sued for any act done in his or their official capacity may justify under this charter. Officer justified. Section 121. Be it further enacted by the authority aforesaid, That said commission is hereby authorized and empowered to rearrange or increase the number of wards in said city, and fix the boundaries of the different wards in said city. Wards. Section 122. Be it further enacted by the authority aforesaid, That the Cedartown City Commission is hereby empowered and authorized to pass such ordinances as may be necessary to secure the safety of citizens and other persons

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in the running of trains or cars in and through said city, whether propelled by steam, electricity, or other motive power; are authorized to require persons or corporations owning or operating railroads to fence their respective roads and to construct cattle guards and street crossings at the intersection of public roads and streets, and to keep the same in repair and safe condition for persons or corporations to construct and maintain gates and keep flagmen at railroad crossings and to provide protection against injury to persons or property from the operations of such railroads, trains, or cars; to require any railroad company running a car, engine, or train of cars over any street in the night time to maintain a street light at such crossing; Provided, that the city shall not have the right to require such railroad company to maintain any different kind of light at such crossing from that maintained by the city at other street crossings; to authorize and require railroads, interurban or street car companies to change the location, grade and crossings of their respective railroads; to compel them to lower or raise their tracks so as to conform to any grade that may be established by said city; to compel persons or corporations owning or operating railroads to construct and maintain viaducts, bridges, tunnels and approaches thereto across their respective railroads or rights of way at streets, alleys, crossings or other public places; to compel railroads, interurban and street car companies to so construct their tracks in the streets and at the crossings as not to interfere with the drainage of the streets and alleys and to keep the tracks on grade level with the streets; to require railroads, interurban or street car corporations, or persons owning or operating such roads, to keep gutters and street crossings clean along their right of way; to prohibit the laying of railroad tracks across or upon any street, or alley, or public place without permission being first obtained from said commission therefor, and to provide for the taking up and removing of any

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track so laid without notice and charge the expense thereof against the offending person or corporation; to require railroads, interurban and street car companies that may hereafter occupy with their tracks, any of the streets, alleys or other public places of the city; to improve in such manner as the city commission may direct, so much of the streets, alleys or other public places as is occupied by such tracts and two feet on each side thereof, and in case there are two or more tracks to require such railroad, interurban and street car companies to improve also the place between such tracks; and cause such improvements to be made and assess the cost thereof against such railroad, interurban or street car company, and make such assessments a lien on the property of such company and collect the same in the same manner as against other property in said city; to compel persons or corporations owning or controlling railroads, interurban or street cars, busses, or taxicabs, to maintain depots, or stations and to keep other places where passengers get on and off the cars lighted, heated, cleaned, and in good comfortable condition, and in default thereof to provide a punishment for their violation of ordinances adopted in relation thereto, and to compel interurban and street car companies, or persons operating or controlling same, to use all modern equipment for the safety, comfort, and convenience of the public. Safety ordinances. Section 123. Be it further enacted by the authority aforesaid, That said commission shall have power and authority to grant franchises, permits, easements, and rights of way in or under and over the streets, alleys, lanes, sidewalks, parks, and other property of the city upon such terms, reservations and conditions as the commission may fix; Provided, however, that the same shall not be granted for a longer term than 20 years, nor without compensation to the city. Franchises, easements, etc. Section 124. Be it further enacted by the authority aforesaid, That the secretary of said commission shall keep

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a book, to be known as the Record of Franchises, which shall be a public document and properly indexed, and that each and every franchise granted by the City of Cedartown shall be recorded in said book, together with the petition therefor, and all proceedings and references thereto and reference by page to the proceedings in other books; said record shall be made within 30 days after said franchise is finally granted, or such franchise shall be null and void. Record book. Section 125. Be it further enacted by the authority aforesaid, That each and every applicant for a public franchise or renewal of franchise to go upon, along, through, over or under any of the streets of said city, shall file application containing only the terms and stipulations desired, in the opinion of the secretary of the commission, which application shall be published at the expense of the applicant in at least one newspaper in said city immediately after filing. Thereupon said city commission shall, at a regular meeting, have power and authority to act upon such franchise or special privilege. Said application as finally granted by said commission, if it is granted, containing the full terms and stipulations of such application and grant, shall at once be published, at the expense of the applicant, in a public newspaper published in said city, once a week for four weeks; said grant shall not become operative for a period of 30 days from the time of its adoption by the said commission, within which time, upon petition, signed as herein provided in case of initiative and referendum election, said application and grant may be submitted to the duly qualified voters of said city, in the way and manner prescribed for the holding of an initiative and referendum election, in which the question shall be submitted to said voters whether they approve or disapprove of said proposed grant. In the event a majority of the voters cast at said election shall approve said grant, then same shall become operative and of force. In the event said voters shall disapprove said grant, it shall become null and

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void. The expenses of said election shall be borne by the applicant for franchise. Application and procedure. Section 126. Be it further enacted by the authority aforesaid, That when, in accordance with the provisions of this charter, except as may otherwise be specifically provided herein, any change, alteration, or work of any kind is ordered done by the commission of said city, or any of its duly authorized agents or agencies, and the person, firm or corporation ordered to do the same fails or refuses to do within the time fixed, upon such default, the city may make such changes, alterations or work, and the commission or its duly authorized authority, shall have the power and authority to assess the total cost thereof against the said person, firm, or corporation in default, and it shall be the duty of the secretary to issue execution forthwith against such person, firm or corporation therefor, which execution may be enforced in the same manner as tax fi. fas. and said execution shall be a lien against the property of such person, firm or corporation next in dignity to taxes. Alterations. Execution. Section 127. Be it further enacted by the authority aforesaid, That it shall be unlawful for any member of the city commission or the city manager either as an individual or as a member of a corporation, to enter into any contract with the city, involving more than fifty ($50.00) dollars; and anyone so offending shall be punished as prescribed in Section 32 of this charter. It shall be unlawful for any member of the city commission to vote on any resolution, ordinance or contract in which he may be financially interested. If any member of the commission is disqualified on account of his financial interest, the remaining members constituting a quorum shall have authority to act. Should the remaining members not constitute a quorum, they may select from the sinking fund commission a member or members to act in the place and stead of the disqualified commissioner or commissioners. Unlawful contracts.

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Section 128. Be it further enacted by the authority aforesaid, That all subordinate employees shall be subject to removal or discharge by the person or persons appointing them, with or without cause, at any time, except as in this charter otherwise provided. Removal of employees. Section 129. Be it further enacted by the authority aforesaid, That the commission shall have power and authority to provide by ordinance for the retirement of policemen, firemen, and school teachers, on account of physical disability after 30 years continuous service, on a pension not exceeding 50% of the salary being received at the time of such retirement; Provided, that in no case shall the pension so paid amount to more than fifty ($50.00) dollars per month. Retirement pensions. Section 130. Be it further enacted by the authority aforesaid, That said city shall have power to acquire by condemnation or other lawful means, rights of way for streets, lanes, and alleys, sewers and drains, through and upon lands outside of and beyond the corporate limits of said city, for the purpose of connecting the streets, lanes, and alleys of said city with public highways outside of the city limits, and the sewers and drainage within the city with streams and water sheds beyond said corporate limits, whenever and wherever such connections are ordered by proper corporate action by the city authorities, with power and jurisdiction to build, construct, maintain, protect, and police such extra urban streets, alleys, lanes, sewers and drains as completely as if they were located within said city limits. Whenever it is necessary to condemn any property for the purpose above indicated, the same shall be done in the same manner and under the same rules and regulations provided in this charter for the condemnation of property within the city limits. Condemnation of property. Section 131. Be it further enacted by the authority aforesaid, That the secretary of the commission shall be

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required to keep the books and records of all departments of the city government, except where otherwise provided in this charter, including the minutes and records of the commission. The secretary may appoint, subject to the approval of the city commission, and shall be responsible for the work of an assistant or assistants. Books and records. Section 132. Be it further enacted by the authority aforesaid, That the city commission has power and authority to prescribe the rate or rates for all water supplied by the City of Cedartown to all persons, firms, or corporations, residing within or without the limits of the City of Cedartown, Georgia, and may in their discretion, fix a higher rate for water furnished by the city to any person, firm or corporation residing without the city limits. Water rates. Section 133. Be it further enacted by the authority aforesaid, That all fire hydrants connected to the city water mains, used by any person, firm or corporation outside the corporate limits of said city, shall be paid for at a rate to be prescribed by the city commission. Hydrants. Section 134. Be it further enacted by the authority aforesaid, That when suit is filed against the City of Cedartown on account of iniuries resulting from the use of streets or sidewalks of said city by any person, firm or corporation, for any purpose whatever, or where such a suit is filed on account of the defective condition of the streets or sidewalks of said city where by law or ordinance the duty of keeping the same in repair is imposed upon any person, firm or corporation, or where such a suit is filed on account of the defective condition of a street or sidewalk of said city, where by law or ordinance the duty of repairing the street or sidewalk, or laying or relaying the pavement of said street or sidewak may be imposed upon any person, firm or corporation; or where such suit is filed on account of damage done to person or property resulting from defective walls, chimneys, roofs, awnings, buildings,

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signs, or other structures, objects, or things in said city, where by law or ordinance, the duty of removing, repairing or making the same safe to the public may be imposed upon any person, firm or corporation, and notice to do so has been served upon such person, firm or corporation prior to said injury or damage, and said person, firm or corporation has failed to comply therewith, in all cases the City of Cedartown, by resolution passed by said city commission, shall have the right and power to vouch such person, firm or corporation into court, to defend the suit so brought, and the person, firm or corporation shall be bound by the result thereof; the manner of vouching and the liability in case thereof to be the same as provided by the laws of Georgia where a warrantor of title to realty is vouched into court. Damage suits. Voucher to court. Section 135. Be it further enacted by the authority aforesaid, That a majority of the members of the said city commission, said board of education, said sinking fund commission, said Hawkes' Children's Library trustees, and other commissions, or boards, provided for in this charter, or created by the city commission, shall constitute a quorum of each body for the transaction of all business; Provided, however, that the chairman of the sinking fund commission must be one of the members constituting the quorum of that body. Quorum. Section 136. Be it further enacted by the authority aforesaid, That all existing ordinances, resolutions and laws, now existing and enacted by the authority of the mayor and council of the City of Cedartown, or which may hereafter be enacted by authority of the same, prior to the first Tuesday in January, 1937, shall remain and be of full force and effect, unless and until repealed by the city commission. Laws of force. Section 137. Be it further enacted by the authority aforesaid, That this charter shall become effective on the

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first Tuesday in January, 1938, except that the provision thereof as to registration, elections and certain matters and things therein required to be done prior to that date, shall become effective at once; and it shall be the duty of the present city officials to put said provision into effect and provide for the election herein provided for during their term of office. The officers whose terms expire on the first Tuesday in January, 1938, shall account to and settle with the officers elected under this charter as their successors. Effective date. Section 138. Be it further enacted by the authority aforesaid, That all Acts and parts of Acts granting corporate authority to the City of Cedartown in Polk County, and all Acts amendatory thereof, not contained in this Act, are hereby repealed, and that this Act alone contains the charter of said City of Cedartown, Georgia. Repeals. Approved March 29, 1937. CEDARTOWN WATER AND LIGHT NOTES. No. 160. An Act to repeal an Act approved March 24, 1933, (Acts 1933, pages 887 and 888), entitled An Act to amend an Act approved December 13, 1898, amending, consolidating and superseding the several Acts incorporating the City of Cedartown in the County of Polk, providing a new charter for same, and the several Acts amendatory thereof, so as to provide for the application of annual installments of the principal of purchase price of the light plant under sale contract with Georgia Power Company, first, to the city's bonded indebtedness, and for investment of remainder thereof in securities under direction of the water and light commission, and prohibiting any change in the manner of payment of any such installments, by discount or otherwise, or application

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of said funds to any purpose other than payment of the city's bonded debt, without a popular referendum by the voters of the City of Cedartown, lawfully conducted under same rules governing elections for the issuance of municipal bonds; and for other purposes, by providing that the proceeds of all payments received from Georgia Power Company, after paying installments due on the city's bonded indebtedness, be turned over to the water and light commission at the end of each calendar year, to be kept in a separate fund, and authorizing said commission to create therefrom a revolving loan specifying the maximum amount thereof, and authorizing the commission, with the consent and approval of the mayor and council, to discount and use a sufficient amount of the obligations of the Georgia Power Company, not required to meet the city's bonded indebtedness, if necessary to create the maximum amount of the revolving loan fund; and permitting and directing said commission to loan to the mayor and council from said revolving loan fund, from time to time, such amounts as may be required to meet the current expenses of the city, and which may be and shall be repaid from taxes to be legally levied and collected during the calendar year in which the advances are made; and Providing, that all such advancements shall be repaid into said revolving fund by the end of said calendar year; and setting forth the conditions and restrictions governing the creation and operation of said revolving loan fund and advances made therefrom; and for other purposes, and to provide for the disposition of the assets held by the water and light commission and the discharge and release of the commission and the members thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted:

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Section 1. That the Act approved March 24, 1933 (Acts 1933, pages 887 and 888), the caption of which is fully set out in the caption to this bill, is hereby repealed. Act of 1933 repealed. Section 2. Be it further enacted by the authority aforesaid, That the water and light commission and the members of said board shall deliver to the mayor and council of Cedartown all assets turned over to it by said mayor and council of Cedartown under said Act. No money having ever been paid to said water and light commission, or any member of the board, and only notes given to said commission, one for $14,210.00 and the other for $6,000.00, and said notes never having been paid, and said commission having demanded the payment to it of all sums due under said Act, and upon said commission delivering to said mayor and council of Cedartown said notes said commission and the members thereof shall be fully discharged and relieved from any and all liability of every kind. Delivery of assets. Discharge. Section 3. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 12, 1937. CHARLES CITY CHARTER. No. 261. An Act to create and incorporate the City of Charles, in the County of Toombs, 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, such as for waterworks, sewers or other means of sanitation, or to levy

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and collect a tax for the construction of waterworks, sewers or other means of sanitation; to declare and define the police powers of said city, and to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city, authorizing them to make and enforce the ordinances of the same, and for all other necessary purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the City of Charles, in Toombs County, be and the same is hereby incorporated as a city under the name of Charles. Corporate name. Section 2. That the municipal government of said city shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the City of Charles, and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights conferred by law and all rights hereinafter conferred; C. H. Hudson being hereby appointed and designated mayor of said city, and M. F. Brice, J. C. Brewton, Mrs. Charles Hudson and Mrs. M. F. Brice are appointed and designated as councilmen of said city to serve till their successors are elected and qualified. The mayor and council shall hereafter be elected annually on the third Saturday in September in an election to be at the same public place in said city between the hours of 1 and 4 o'clock p. m.; said election to be held by three persons resident of said city who are qualified voters. Said election shall otherwise be conducted as are elections for the members of the General Assembly of Georgia, and the qualifications of voters shall be the same as in elections for members of the General Assembly of Georgia, except that in all succeeding elections no resident of said city may vote in the elections thereof unless he has registered with the

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mayor in a book for such purpose, 10 days before the election, making affidavit that he is qualified to vote for members of the General Assembly of Georgia, and owes no taxes to the said city which are past due. The said election managers shall ascertain and make public the results of said election by posting the same conspicuously in writing at the place of election, and, if no contest, the persons declared elected shall at once assume their official duties. After the first election and in all succeeding elections the election returns shall also be made to the existing mayor and council who shall canvass the same and preserve them for six months. Any contest of elections shall be had as now provided by law of Georgia, and any illegal voting to be punished as provided by the law of Georgia. Corporate powers. Mayor and council named. Election. Section 3. The said mayor and council shall, after election, each take and subscribe the following oath in their minute book: We each do swear that we will faithfully and impartially administer the laws of the City of Charles to the best of our skill and ability. Oath. Section 4. Said mayor and council shall hold regular monthly meetings, and any call meetings, when desired, to conduct the government of said city. They shall have authority to enact any ordinance or laws for the government of said city permitted by its charter. All such laws and ordinances shall be enacted in the following manner: Any proposed ordinance shall be presented in written form to the mayor and council in regular session for two sessions, and shall receive a majority vote of the entire body (three votes) at two sessions before becoming a law, after which it must be recorded in their minute book kept by the mayor. Meetings. Ordinances. Section 5. Said mayor and council shall have authority to define offenses against the government of said city; to prescribe penalties and provide for the enforcement of its laws; to elect a marshal for said city and fix his salary; to require him to make bond to the said mayor and council

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in such sum as they may deem proper for the faithful performance of duty. Such marshal shall be elected annually for one year, and he shall arrest all persons violating the laws of said city, with or without warrant or summons, and carry them before the mayor for trial. He shall be the ministerial officer of the mayor's court and shall enforce its sentences or collect its fines; for all such services he shall receive such fees as the constable would receive for similar services in the justice court, to be taxed in the cost bill. He shall also enforce all the laws of said city and orders of the mayor and council. Laws. Marshal. Section 6. The said mayor and council shall have the right to levy a tax on all the property in said city, not to exceed five (5) mills per annum, the rate to be determined by a resolution supported by a majority vote and entered on their minutes. All taxes shall become due December 1, after which the mayor may issue fi. fas. for the collection of unpaid taxes which may be levied by the marshal; property to be sold, if personalty, before the place of holding election in said city after 10 days' advertisement by posting three notices in said city; if realty, to be sold in the same place after four weeks' advertisement in a newspaper of said county; the marshal shall execute deeds of title. All property in said city shall be returned to the mayor for taxation, and entered in book for tax returns, and all property existing in said city on January 1 hereafter shall be taxable that year against the owner. All taxes, fines, and forfeitures shall be collected and held by the mayor and disbursed by him. He shall give bond to the members of the council after each election in the sum of five hundred ($500.00) dollars for the faithful performance of his duty. Taxation. Section 7. The mayor shall hear and try all cases against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed fifty ($50.00) dollars, or in lieu thereof imprisonment at labor on the street or public works of said city not exceeding

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25 days, or either, in his discretion. If the mayor is disqualified, a mayor pro tem., elected by the council, shall act. Penal violations. Section 8. The said mayor and council shall have authority to lay off and maintain the public streets of said city and impose and collect annually of each citizen thereof who would be liable to pay the county commutation road tax the sum of three ($3.00) dollars as personal street tax. Street tax. Section 9. The said mayor and council shall have authority to construct waterworks and sewers, paying for same with public funds of the city or by charges made for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce same. Waterworks and sewers. Section 10. The mayor's salary shall be fixed annually by the council of said city and shall be paid out of the public funds of said city's treasury and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. Salary and expenses. Section 11. Be it further enacted, That the corporate limits of said city shall extend as follows: Beginning at northwest at a point on old Mount Vernon and Vidalia highway, where lands of Joe Todd and C. H. Hudson joins, and thence east along said highway to where lands of C. H. Hudson and M. L. Curry lands join, and thence south along the dividing line between lands of C. H. Hudson and M. L. Curry to Darby Creek, thence south along Darby Creek to a point where lands of J. F. Darby and M. F. Brice joins, thence west along land line of J. F. Darby and M. F. Brice to corner of lands of M. F. Brice, thence north along land lines of J. F. Darby and M. F. Brice to paved Highway No. 30, thence west along said highway to point where lands of W. O. Davis and C. H. Hudson joins; thence north along western boundary of lands of C. H. Hudson to beginning point, said lands being in Fifty-first District, Georgia Militia, Toombs County, Georgia. Territorial limits.

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Section 12. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. CHATSWORTH REAL ESTATE. No. 167. An Act to amend an Act of the General Assembly of Georgia, approved August 18, 1923, creating a new charter for the City of Chatsworth, by adding after the words within its corporate limits the words without its corporate limits, so when amended said Section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the City of Chatsworth, in the County of Murray, be and the same is hereby incorporated under the name, style, and title of the City of Chatsworth, and by that may be sued, plead, and be impleaded; have and use a common seal; made a body politic; shall have perpetual succession; be capable of contracting and be contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, both real and personal, of whatever kind and name, within its corporate limits and without its corporate limits necessary for its purposes, and may sell, lease or convey the same and have other powers as are usually granted to municipal corporations not inconsistent with the laws of this State. The corporate powers of said city shall be vested in and exercised by a mayor and five aldermen, under the name, style, and title of the City of Chatsworth. Real estate outside of limits.

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Section 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 15, 1937. CHAUNCEY PRISONERS. No. 271. An Act to amend an Act entitled An Act to incorporate the Town of Chauncey, in the County of Dodge; said Act being published in the Acts of 1912, page 726, et seq., by providing that offenders convicted in the police court of said town may be confined in the county jail; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That from and after the passage and approval of this Act, that the Act of the General Assembly of 1912, as published in the Acts of 1912, on pages 726, and following, incorporating the Town of Chauncey, in the County of Dodge, be and the same is hereby amended by inserting into Section 17 of said Act, immediately after the words police court on the sixteenth line of said section, the following: Provided further, That all persons convicted in said court may be sentenced to confinement in the Dodge County jail for a term of not more than 60 days if, in the judgment of the court, the guardhouse or city chain-gang is insufficient; and Provided also that all persons convicted in said court who are punished in said Dodge County jail, such fees are to be paid to Dodge County for the board of said prisoners as are paid by the county to the sheriff or jailor of said county for keeping prisoners. Jail. Fees. Section 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937.

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COLLEGE PARK CITY-MANAGER REFERENDUM. No. 299. An Act to amend an Act entitled An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating the said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to abolish the present form of city government by mayor and council, and substitute therefor the commission form of government, with a city manager; to provide for the election of commissioners; to prescribe the duties and powers of such commission and such city manager; to provide for such other administrative officers, in addition to said city manager, as may be necessary for the administration of the affairs of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of mayor and council of the City of College Park, as contained in An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park; to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all amendments thereto be, and the same is hereby, amended as follows: Act of 1895 amended. Section 1. The present form of government for the City of College Park by a mayor and councilmen is hereby abolished, and in lieu thereof a commission-city manager form of government is hereby created; and the present corporate name of said city, to wit, mayor and council of

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the City of College Park, is hereby changed to City of College Park. Creation of city manager government. Section 2. In lieu of a mayor and councilmen of said City of College Park, there is hereby created and established as the governing and legislative body of said city a commission of three persons, who shall be known as the board of commissioners of the City of College Park. Said commissioners shall have the qualifications, and be elected, and have the powers and discharge the duties, as provided by this Act. Board of commissioners. Section 3. Said commissioners shall at the time of their election, and while holding office, be qualified voters of the City of College Park eligible to vote in its municipal elections, and shall have been bona fide residents of said city for at least one year, and of the respective wards thereof from which they are elected, for at least six months immediately preceding the election. One commissioner shall be elected from each of the three wards of the city. Only the qualified voters residing in each ward shall be eligible to vote for the commissioner from that ward. Said commissioners shall be elected for terms of three years each, beginning on the first day of January next after election; and, in respect of any vacancy, for the unexpired term; and shall hold office for their respective terms and thereafter until their successors, respectively, have been elected and qualified; Provided, however, that the first three commissioners elected under the provisions of this Act shall hold office for terms of one, two and three years, respectively; the commissioner receiving, in such case, the highest number of votes to hold office for the term of three years; the next highest, for two years, and the third highest for one year. Regular elections for the election of commissioners shall be held on the first Monday in December of each year. Special elections of commissioners to fill vacancies shall be held as now provided by the charter of said city, unless a regular election is to be held within 30 days

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from the happening of such vacancy, in which case the vacancy shall be filled for the unexpired term at the next regular election. In case an election results in a tie vote between candidates, a new election, only between the candidates receiving such tie vote, shall be held in not less than 10 days nor more than 15 days thereafter, and with such notice thereof, as may by ordinance be provided. All elections shall be held under and pursuant to the charter and ordinances of said city relating to registration of voters and to elections in said city. Eligibility. Wards. Terms. Elections. Section 4. Each commissioner shall, before entering upon the duties of his office, take and subscribe before some officer authorized by law to administer oaths, the following oath, in addition to the oath or oaths required of all civil officers of this State, to wit: I do solemnly swear that I will well and truly perform the duties of commissioner of the City of College Park by adopting such measures as, in my judgment, will most promote the general welfare of the inhabitants of said city and the common interest thereof, so help me, God. Oath of office. Section 5. Said board of commissioners shall have, and are hereby vested with, all of the authority, rights, powers and privileges, and shall exercise, perform and discharge all of the duties and functions, now vested in and exercised by the mayor and council and the mayor and councilmen of said city, under and by virtue of the charter of said city and by law, except as otherwise provided herein. The charter provisions of said city relating to the authority, rights, powers, privileges, duties and functions of the mayor and council and the mayor and councilmen of said city, are hereby made applicable to said board of commissioners and the members thereof, except as otherwise provided by this Act; and the organization of said city, in respect of charter officers and otherwise, as set forth in its present charter, is hereby in all respects preserved in so far as same is not inconsistent with the provisions of this Act. Duties and powers.

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Section 6. Said board of commissioners shall, at their first meeting in each year, elect one of their members as chairman of the commission, who shall serve as chairman for one year, and until his successor shall have been elected and qualified. Said chairman shall also be known as mayor of the city during his term of service. He shall preside at the meetings of the board; he shall have no veto power, but shall have the same right to vote on all questions as the other commissioners. The board of commissioners shall, at said first meeting, also elect for the same term, one of their members as vice-chairman, to serve in the absence of the chairman or in case of his inability for any reason to act. Chairman's duty. Vice-chairman. Section 7. Each of said commissioners shall receive a salary of twenty-five ($25.00) dollars per month, payable monthly. Salaries. Section 8. The first board of commissioners elected under this Act shall, within 30 days after taking office, select and appoint a city manager, who, subject to the provisions of this Act, shall be the administrative head of the municipal government and responsible to the commission for the efficient administration of all departments, except as herein otherwise provided. He shall be selected, without regard to former residence, on the basis of qualifications and experience in municipal government administration and management; and shall be appointed by the commission for an indefinite term, subject, however, to removal at any time by a majority vote of said commissioners, without cause or notice. He shall be paid such salary as, from time to time, may be fixed by the commission. During the absence or disability of the city manager, the commission may designate some properly qualified person to execute the functions of the office. The commission shall fill any vacancy in the office of city manager which may exist from time to time by the appointment thereto of a person having the qualifications set forth in, and subject to the provisions of, this section of this Act. City manager. Appointment and term. Salary. Vacancy.

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Section 9. The powers and duties of the city manager shall be: (a) To see that all laws and ordinances of the city are enforced; Powers and duties. (b) To exercise supervision, direction and control over all departments of the city government, and all branches and divisions thereof, now existing, or which may hereafter be created by the commission, except the law department, recorder's court, sinking fund commission and board of health; which excepted parts of the city government shall be subject directly to the control of, and responsible to, the board of commissioners; (c) To attend all meetings of the commission, with the privilege of taking part in all discussions, but without the right to vote; (d) To recommend to the commission for adoption such plans and measures as he may deem desirable or necessary for the proper and efficient administration of the city government, and the welfare of the city; (e) To supervise and direct the office management and operations, and the keeping of accounts, books and records of the city; to prepare and submit to the commission an annual budget; to keep the commission fully advised in writing at least monthly, and at other times as may be required, in respect of the financial condition and needs of the city, and to furnish any commissioner, on request, written information as to any and all matters regarding the operations of the city under his supervision, direction or control; (f) To supervise all public safety, water, sewer, sewage disposal, sanitary, recreation, engineering, street, construction, and other similar public works and operations of the city; to supervise the performance of all contracts for work done for, or materials furnished to, the city;

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(g) To make all purchases of materials and supplies for the city, under the rules and regulations of the commission; (h) To supervise and direct the official conduct of all city officers, department heads and employees, except the city attorney, recorder, sinking fund commissioners and members of the board of health; (i) To appoint, hire, fix the salary or wage of, and discharge all heads of departments, and all subordinate officers and employees in all departments, except charter officers, subject to ratification and approval of the commission; Provided, however, that if the commission shall desire the discharge of any head of department or other officer or employee so appointed or hired by the city manager and the city manager shall, upon demand of the commission, refuse to comply with said demand, the commission may discharge such head of department or other officer or employee. No appointment or hiring shall be made upon any ground than that of fitness, and no appointment or hiring shall be made to any office, position, or place of work, of any person related to any member of the commission or the city manager nearer than the fourth degree; (j) To perform such other duties not prescribed herein as many be required of him by ordinance or resolution of the commission. Section 10. In the event this Act shall become effective as the result of the election hereinafter provided, the terms of the present mayor and councilmen of the City of College Park shall terminate upon the election and qualification of the commissioners to be elected under this Act on the first Monday in December, 1937, for terms beginning January 1, 1938. Present terms expire. Section 11. This Act shall not become operative and effective unless ratified by a majority of the qualified voters

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of the City of College Park at a special election to be held in said city, not later than July 15, 1937, under the rules and regulations as to call, notice, registration and qualification of voters and other requirements, relating to other city elections. The ballots to be used in said election shall have written or printed thereon the words: For Charter Amendment Providing for Commission-City Manager Form of Government, and Against Charter Amendment Providing for Commission-City Manager Form of Government. If a majority of the qualified voters voting in said election shall vote in favor of said amendment, this Act shall become operative and effective. If a majority of such voters shall not vote in favor of said amendment, the present charter of said city shall remain in full force and effect. The result of said election shall be declared as in the case of other city elections and entered upon the minutes of the mayor and council of said city. Submission of this act to popular vote. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 23, 1937. COLLEGE PARK ELECTIONSVOTERS. No. 142. An Act to amend an Act entitled An Act to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, and all amendments thereto, so as to provide for the qualification and registration of voters of said city for use in all municipal elections held therein; to provide for the qualification of the mayor and councilmen of said city, and candidates for said offices; and also for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That the charter of the mayor and council of the City of College Park, as contained in An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County; to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, and all amendments thereto, be, and the same are, hereby amended as follows: Act of 1895 amended. Section 1. That Section 15 (a), Section 15 (b), and Section 15 (d), set forth under Section 1 of the Act amending the charter of the City of College Park, approved March 24, 1933 (Georgia Laws, 1933, pages 892 to 899), relating to qualification and registration of voters, form of voters' oath, the preparation and purging of registration lists, and the use of voters' certificates (which sections, by said Act of 1933, were enacted in lieu of similarly numbered sections of Act approved August 2, 1924, referred to in said Act of 1933), be, and the same are hereby, stricken and repealed, and the following sections similarly numbered are hereby inserted and enacted in lieu thereof, to wit: Section 15 (a). Be it further enacted by the authority aforesaid, That immediately after the passage and approval of this Act, the mayor and council of said city shall provide, and the city clerk of said city, who shall be the registrar of the voters thereof, shall open and keep open, as hereinafter provided, a book or books, to be designated `Voters' Book,' for the permanent registration of the qualified voters of said city for any and all elections of every kind and character and for whatever purpose held in said city; it being the intent and purpose of this Act to provide for a single, permanent, general registration of the qualified

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voters of said city, under general rules, for use in any and all municipal elections of every kind and character and for whatever purpose held in said city. Said book or books shall consist of a book or books made up of separate printed oaths, in form and language substantially as hereinafter set out, securely bound together; and said mayor and council may, in their discretion, provide for a separate book or books for each of the wards of said city. The oath above mentioned shall be in form and language substantially as follows, to wit: Registration of voters. OATH OF VOTER. Georgia, Fulton County: I do swear, or affirm, That I am a citizen of the United States; that I am 21 years of age, or will be on the date set forth below; that I have resided in the State of Georgia for one year, and in the City of College Park for thirty days immediately preceding the date of this oath, or will have so resided on the date or dates hereinafter set forth; that I have paid all poll-taxes that I have had an opportunity of paying agreeably to law; that, in so far as same relates to municipal elections, I possess the qualifications of an elector required by Paragraph 4, Section 1, Article 2, of the Constitution of the State of Georgia, and I am not laboring under any of the disabilities named in said Article; and that I am not disfranchised from voting by reason of any offense committed against the laws of this State. I further swear, or affirm, that I reside in the..... Ward of the City of College Park, at No......, on..... Street; my age is.....; my occupation is..... I will have resided in the State of Georgia for one year on....., and in the City of College Park for thirty days on..... Oath of voter. Signature.....

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Sworn to and subscribed before me this.....day of....., 19..... .....Registrar. White Colored Male Female. The mayor and council may, if desired, add to the form of oath above set forth the name of the ward for which it is to be used. Any and all persons who, at the time of the passage and approval of this Act, are legally registered voters under the charter provisions of said city, and who, on the date of future municipal elections, are otherwise qualified to do so, shall be permitted to vote in any and all such elections hereafter held in said city, without re-registration in the permanent voters' book provided for in this section of this Act; subject, however, to the provisions of Section 15 (d) of this Act, which are hereby made to relate to said persons, as well as to persons who hereafter register in the permanent voters' book provided for in this section of this Act. Section 15 (b). Be it further enacted by the authority aforesaid, That the city clerk, as registrar, as aforesaid, or any assistant registrar hereinafter provided for, shall keep said voters' book open for the registration of voters at the city hall in said city at all times during office hours or when the clerk's office is open for the payment of taxes or other business, Sundays and legal holidays alone excepted. The city clerk and the assistant registrar or registrars hereinafter provided for are authorized and empowered to take and have charge of said voters' book and to administer said oath, and when the signature of any person on said voters' book or to said oath is not clearly legible, the officer in charge of said voters' book shall, at the time said signature is made, write out the name in clear, legible letters opposite said signature. Any person desiring to be registered as a voter in said City of College Park and in and for any and all the municipal elections of every kind and character and for whatever purpose held in and for

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said city, who is a citizen of the United States, twenty-one years old or upwards, or will be at the date of the election in which he desires to vote; who has resided in the State of Georgia for one year, and in the City of College Park for thirty days immediately prior to registration, or will have so resided at the date of the election in which he desires to vote; who has paid all poll-taxes that he has had an opportunity of paying agreeably to law, who, in so far as same relates to municipal elections, possesses the qualifications of an elector required by Paragraph 4, Section 1, Article 2 of the Constitution of the State of Georgia, and is not laboring under any of the disabilities named in said article, and who is not disfranchised from voting by reason of any offense committed against the laws of said State, may on application in person and not by proxy, to the city clerk, or any assistant registrar, register as such voter, by reading said oath, or having the same read to him or her, and subscribing the same by signing his or her name thereto at the place for signature thereon, in said voters' book, an entry or memorandum of ward, street address, age and occupation being first made by the officers in charge of said book, or by the affiant, at the place indicated therefor in said oath; and when affiant is not twenty-one years of age at the time of subscribing the oath, a similar entry or memorandum shall, in like manner, be made, showing the date in the year when the affiant shall reach the age of twenty-one years and when the affiant has not resided in the State one year, or in the city thirty days, at the time of subscribing the oath, a similar entry or memorandum shall be made showing the date in the year when he or she will have resided in the State one year, and in the city thirty days. Upon request of the applicant, the officer in charge of said book shall read or repeat said oath distinctly to the applicant; and if the applicant cannot sign his or her name, said officer shall sign it for him or her; the applicant making his or her mark thereto. The signature made by a person to said book shall be prima facie evidence that the person so signing

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swears, or affirms, the truth of every material fact set forth in said oath, and of the written memoranda or entries therein contained. For the purpose of more easily identifying the voter, the officer in charge of the voters' book shall not thereon, in connection with each signature, the race and sex of the person signing, that is to say, whether white or colored, male or female, and this may be done by striking the printed words at the bottom of said oath designating the race and sex which are inapplicable to the voter, or by checking the words applicable to the voter. Electors who are qualified and register in the permanent voters' book as aforesaid, shall not thereafter be required to register for future elections, unless their names have been stricken and removed therefrom for disqualification as hereinafter provided in Section 15 (d) of this Act. Registration provisions. Section 15 (d). Be it further enacted by the authority aforesaid, That prior to each election of any kind or character, or for whatever purpose, to be held in said city, the city clerk shall make out three copies of a list or lists, in alphabetical order and according to wards, of all persons who, up to and including the fifteenth day prior to the date of such election, have registered in the voters' book, and who, at the time of such election, will be twenty-one years of age, and will have resided in the State and city for the required period; and shall furnish such list or lists prior to the date of such election, to a Board of Registrars appointed by the mayor and council as herein provided. In the case of a person who has, since his registration, moved his residence from one ward to another ward in said city, and who is, or will have become, a bona fide resident of said latter ward at least thirty days continuously preceding the date of such election, his name shall be placed upon the list of registered voters for the ward to which he has moved and in which he shall reside at the time of such election, and such person, if qualified, shall be entitled to vote in such election in the ward to which he has so moved, and so resides. The

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mayor and council shall appoint, either annually for all elections to be held during any year, or for such election, three persons, who shall be registered voters of the city, who shall constitute and be known as the Board of Registrars of said city. Neither the city clerk nor any of the assistant registrars hereinabove provided for, shall be eligible to membership on said board, but any member of council may be appointed as a member thereof. It shall be the duty of said Board of Registrars to receive, examine and purge said lists of registered voters so furnished them, as aforesaid, by striking and removing therefrom, before the day of election, the names of all persons who have died, or who have removed from the city, or who have not paid, on or before the fifteenth day prior to the date of such election, all poll-taxes that they have had an opportunity of paying agreeably to law; and also the names of all persons who, on or before said fifteenth day prior to such election, may have become, or may be disqualified for any other reason to vote in the election prior to which such lists are furnished as aforesaid, including any person who will be under the age of twenty-one years or who will not have resided in the State and city for the requisite periods, on the day of such election. In purging said lists said board shall act upon the best evidence or information obtainable within the time available therefor. Said Board of Registrars shall furnish to the city clerk a list or lists of the names so purged, stricken and removed by them, and said city clerk shall strike and mark said names from the voters' book, and a registrant so stricken and marked from said book shall not be entitled to vote in any election in the city until such registrant has qualified and again registered under the terms of this Act, or unless his name has been restored to said book as herein provided. Said Board of Registrars shall notify each person whose name is purged, stricken and removed by them, as aforesaid, of that fact, by mailing written notice thereof to such person at the address appearing on the voters' book or oaths signed by such person, or by having

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the same personally served upon such person, or left at his place of residence; and if such person claims that his or her name has been improperly purged, stricken and removed by said Board of Registrars, such person may make written complaint thereof to said board by leaving same with the city clerk at the city hall in said city, and shall be entitled to be heard thereon by said board, at such time and place as may be fixed by said board, after notice thereof in either of the methods above stated. Said notice, however, may be waived by such person, and, in case of waiver, hearing afforded by said board, without notice in its discretion. The action of said board on such complaints shall be final; and if said board finds that the name of such person was improperly stricken and removed, said board shall restore same to the list of registered voters from which it was stricken, and notify the city clerk in writing accordingly, who shall likewise restore same to the voters' book by entry of that fact on such person's oath therein. With respect to any person whose name has been purged, stricken and removed by said board at such time before the day of election that sufficient opportunity may not be afforded for notice and hearing of any complaint prior to the day of such election as herein provided, said board shall give such notice as is reasonably possible, and hear such complaint on the day of the election, and if said board finds that the name of such person has been improperly stricken and removed, said board shall notify the city clerk in writing accordingly, who shall thereupon restore same to the voters' book by entry as above provided, and said board shall furnish to such person whose name has been thus restored, a certificate in form to be provided by the mayor and council, signed by the members of said board, or a majority of them, to the effect that such person's name has been restored to the voters' book, and that he or she is entitled to vote in such election; which certificate, upon presentation and surrender to the manager of the election at the voting precinct where such person is entitled to vote, shall entitle such person to

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vote in said election. The managers of election shall, upon the presentation and surrender of such certificate, add the name of such person to the official lists of registered voters being used in said election at such voting precinct, followed by the word `certificate;' and all such certificates shall be preserved by the election managers and filed by them with their returns of the election. Each of the members of the Board of Registrars provided for by this section of this Act shall, before entering upon the discharge of his duties, take and subscribe the following oath before some officer authorized to administer oaths under the laws of this State, to wit: `I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as a member of the Board of Registrars of the City of College Park;' which oaths shall be filed with the city clerk. In the event there is a difference of opinion among the three members of the board with respect to the qualification of a voter in the matter of removal or restoration of his name as aforesaid, the concurrent votes of any two shall control the matter. A majority of said board may act in the discharge of any of its duties. Lists of voters. Regulations. Oath of registrars. Section 2. Be it further enacted by the authority aforesaid, That in addition to the qualifications of eligibility for election to, and holding the offices of mayor and councilmen of the City of College Park as now provided by the charter of said city, any person seeking election, and/or elected as mayor or councilman of said city, shall be, on the date of election for such office, a registered qualified elector to vote in such election, in accordance with the charter, laws and ordinances of said city. Eligibility. Section 3. Be it further enacted by the authority aforesaid, That in the event any portion of this Act shall hereafter be held to be invalid for any reason, such invalidity shall not affect any other portion of this Act. Invalidity.

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Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. COLQUITT CHARTER AMENDMENTS. No. 259. An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, in the County of Miller, and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation; to declare the rights and powers of same, and more fully define the powers and liabilities of said city; to extend the jurisdiction of the limits of the said city for specific purposes; to provide for a mayor and council of said city, and declare the manner and forms in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifications of voters in said city; to provide a method of registration thereof, and to provide the manner in which all municipal elections shall be held and the results determined; to create a board of tax assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the mayor and council to construct, operate, control and extend the waterworks and sewerage system and the electric lighting system of said city, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers

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and jurisdiction of the same; to authorize the creation of the office of city recorder for said courts; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; for paying the interest and principal on the debts of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades, professions and avocations, and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, constructing, improving, of extending the waterworks, electric lighting and sewerage systems of said city, for street improvement, and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913, and for other purposes, said Act being found in the Acts of the General Assembly of Georgia for the year 1915, on page 534, and having been approved on August 7, 1915, by striking from Section 5 thereof the following words, to wit: no mayor shall be elected to succeed himself; and to amend an Act entitled An Act to amend an Act creating a charter for the City of Colquitt which was approved on August 7, 1915, known as No. 47, and commencing on page 534 of the Acts of 1915, and also to repeal an Act approved on August 20, 1917, known as No. 231, and commencing on page 649 of the Acts of 1917, by prescribing the salary of the mayor of the City of Colquitt, and prohibiting his succession in office

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for more than one term, found in the Acts of the General Assembly of Georgia for the year, 1924, on page 517, and approved on July 18, 1924, by striking from Section 1 of said Act the following words: That from and after the passage of this Act the mayor of Colquitt shall not be allowed nor eligible to succeed himself in office for more than one term after the expiration of the present term; and to amend an Act entitled An Act to amend an Act creating a charter for the City of Colquitt and to be found in the Acts of the General Assembly of this State for the year 1915, and approved August 7, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924, which was approved on July 18, 1924, by prescribing the salary of the mayor of the City of Colquitt, and for other purposes, which Act is found in the Acts of the General Assembly of Georgia for the year 1927, on page 963, and approved on July 19, 1927, by striking from Section 1 of said Act the following words, to wit: That from and after the passage of this Act the mayor of Colquitt shall not be allowed or eligible to succeed himself in office for more than one term after the expiration of the present term; and to amend an Act entitled An Act to amend an Act entitled `An Act to amend an Act creating a charter for the City of Colquitt, and to be found in the Acts of the General Assembly of this State for the year 1915, and approved August 7, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924, which was approved on July 18, 1924, by prescribing the salary of the mayor of the City of Colquitt, Georgia; and for other purposes,' said Act being found in the Acts of the General Assembly of Georgia for the year 1927, on page 963; and for other purposes, which Act is found in the Acts of the General Assembly of Georgia for the year 1933, page 901, by striking from Section 1 of said Act the following words, to wit:

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That from and after the passage of this Act, the mayor of Colquitt, Georgia, shall not be allowed or eligible to succeed himself in office for more than one term after the expiration of the present term; and to provide and authorize the mayor of Colquitt, Georgia, to succeed himself in office; to make the present mayor of the City of Colquitt, Georgia, eligible to succeed himself; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that Section 5 of the above entitled Act of the General Assembly of the State of Georgia, for the year 1915, pages 534-567, both inclusive, be and the same is hereby amended by striking from Section 5 of said Act the following words, to wit: no mayor shall be elected to succeed himself. Act of 1915 amended. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act entitled An Act to amend an Act creating a charter for the City of Colquitt, which was approved on August 7, 1915, and also to repeal an Act approved on August 20, 1917, known as No. 231, and commencing on page 649 of the Acts of 1917, by prescribing the salary of the mayor of the City of Colquitt and prohibiting his succession in office for more than one term, found in the Acts of the General Assembly of Georgia, for the year 1924, pages 517-518, is hereby amended by striking from Section 1 of said Act the following words: That from and after the passage of this Act the mayor of Colquitt shall not be allowed nor eligible to succeed himself in office for more than one term after the expiration of the present term. Act of 1924 amended.

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Section 3. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act entitled An Act to amend an Act creating a charter for the City of Colquitt, and to be found in the Acts of the General Assembly of this State for the year 1915, and approved August 7, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924, which was approved on July 18, 1924, by prescribing the salary of the mayor of the City of Colquitt, and for other purposes, found in the Acts of the General Assembly of Georgia for the year 1927, page 963, is hereby amended by striking from Section 1 of said Act the following words, to wit: That from and after the passage of this Act the mayor of Colquitt shall not be allowed or eligible to succeed himself in office for more than one term after the expiration of the present term. Act of 1927 amended. Section 4. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act that an Act entitled An Act to amend an Act entitled, `An Act to amend an Act creating a charter for the City of Colquitt, and to be found in the Acts of the General Assembly of this State for the year 1915, and approved August 7, 1915, as amended by an Act found in the Acts of the General Assembly for the year 1924, which was approved on July 18, 1924, by prescribing the salary of the mayor of the City of Colquitt, Georgia; and for other purposes,' said Act being found in the Acts of the General Assembly of Georgia for the year 1927, on page 963; and for other purposes, found in the Acts of the General Assembly of Georgia for the year 1933, page 901, is hereby amended by striking from Section 1 of said Act the following words, to wit: That from and after the passage of this Act the mayor of Colquitt, Georgia, shall not be allowed or

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eligible to succeed himself in office for more than one term after the expiration of the present term. Act of 1933 amended. Section 5. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the mayor of the City of Colquitt, Georgia, shall be eligible to succeed himself and the present mayor of the City of Colquitt, Georgia, shall be eligible to succeed himself. Mayor may succeed self. Section 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 23, 1937. COLUMBUS PENSION SYSTEM. No. 316. An Act to amend the charter of the City of Columbus, Georgia, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; to authorize said city to grant a pension or other compensation to the dependents of any officer or employee of said city where said officer or employee loses his life or health as the result of injuries incurred while actually engaged in the performance of his duties; regulating the granting of said pensions and prescribing the conditions under which they may be paid; prescribing and limiting the amounts of said pensions; repealing similar and conflicting provisions of the charter of said city relating to pensions; 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 Columbus, in the County of Muscogee, State of Georgia, be, and it is, hereby amended as follows: Charter amended.

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Section 1. The City of Columbus shall have the power and authority to grant a pension to any retired officer or employee of any department of the city who has become permanently and physically disabled in the service of the city. To authorize the granting of a pension, such officer or employee shall have had at least 20 years' continuous service with the city; except that absence from service for a period not exceeding 12 months shall not preclude the granting of a pension if the entire period of actual service with the city amounts to 20 years. Retirement pensions. Section 2. The City of Columbus shall have the power to grant a pension or other compensation to the dependents of any officer or employee of any department of the city, regardless of length of service, where such officer or employee loses his life or health as the result of injuries incurred on an occasion while actually engaged in the performance of duties with the city. Compensation to dependents. Section 3. Pensions granted under the provisions of this Act may be payable monthly, or at such times as the commission of the City of Columbus may direct, but each pension shall be limited to an amount not exceeding 50% of the regular monthly salary or wages of the officer or employee to whom or on whose account such pension is granted; provided, that no pension hereafter granted shall exceed sixty ($60.00) dollars per month. The compensation granted, under Section 2 of this Act, to dependents of an officer or employee who loses his life in the performance of his duty, may be in addition to any pension granted such dependents, but such compensation shall be limited to payments of or on account of funeral expenses and expenses of last illness of such officer or employee. Payments limited. Addition. Section 4. The granting or refusing of a pension shall in all cases be discretionary with the commission of the City of Columbus, and action granting each pension must be by a separate resolution adopted by said commission

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upon majority vote of its members. Pensions may be granted by the commission of the City of Columbus to teachers and other officers and employees of the department of public schools, and to officers and employees of the city waterworks department, only after recommendation of the boards in charge of said departments, which recommendation must be by majority vote of the respective boards; and pensions granted to teachers and other officers and employees of such departments, or their dependents, must be paid by the respective boards from the funds regularly appropriated to or collected by said departments. A pension or compensation granted to dependents of any officer or employee who loses his life or health while actually engaged in the performance of duties with the city, shall be granted in accordance with the provisions and procedure set forth in this section. Discretionary grants. Section 5. Any pension heretofore or hereafter granted to any officer or employee of said city, or to his dependents, shall be revocable, in full or in part, at any time, by the commission of the City of Columbus, with or without cause. Revocable Section 6. The commission of the City of Columbus is hereby vested with full power and discretion to determine when and to what extent an officer or employee of the city is disabled, to determine when an officer or employee has lost his life or health in performance of his duty, to determine all questions regarding dependency, and to determine any and all other facts relating to the granting, refusal or revocation of pensions. Determination. Section 7. This Act is to be liberally construed in order to effectuate the general purposes hereof. Construction. Section 8. The intention hereof being to provide a general pension system for officers and employees of the City of Columbus, this Act is intended to repeal and supplant all existing provisions of the charter of said city relating

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to pensions and compensation, as set forth in the following Acts of the General Assembly of Georgia, to wit: Act approved August 9, 1912 (Georgia Laws, 1912, page 766), Act approved August 11, 1913 (Georgia Laws, 1913, page 695), and Act approved August 10, 1920 (Georgia Laws, 1920, page 868). Pensions heretofore granted and now in force shall not be repealed hereby, but may be revoked in full or in part by the commission of the City of Columbus, in its discretion. Intention. Section 9. Should any section, paragraph, clause, item or phrase of this Act, or the application thereof to any person or circumstances, be declared constitutional or invalid, the remainder of the Act, and the application to other persons or circumstances, shall not be affected thereby. Constitutionality. Approved March 24, 1937. COLUMBUS TERRITORY EXTENDED. No. 40. An Act extending the corporate limits of the City of Columbus, Georgia, so as to embrace territory in the Eighth District of Muscogee County, lying contiguous to and northeast of said city; defining the boundaries of said territory; 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 the corporate limits of the City of Columbus, in Muscogee County, Georgia, be extended so as to embrace as a part of said city that certain territory in the Eighth District of said county lying contiguous to and northeast of said city and contained within the following boundary lines, to wit: Territory extended.

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Beginning at the point on the east line of Fourteenth Avenue, where the present north city limit line running east corners with the present city limit line which runs south along the east line of Fourteenth Avenue, and running from said point east to a point 150 feet east of the east line of Seventeenth Avenue; thence south, along a line parallel with and 150 feet east of Seventeenth Avenue, to the north line of Talbotton Road; thence southeasterly, in a straight line, across said road, to the southwest corner of the L. W. Hargett subdivision of Block B of Lonesomhurst Survey; thence east, along the line dividing said Hargett subdivision from St. Elmo Park subdivision, to the west line of Cherokee Avenue (formerly Lovers' Lane); thence southerly, along the west line of Cherokee Avenue, to the point where the present city limit line running south along the west side of Cherokee Avenue corners with the present city limit line running westerly from Cherokee Avenue; thence westerly in a straight line, along said present city limit line, which city limit line runs through the old St. Elmo home place and along the north line of Twenty-eighth Street, to a point on the south line of Talbotton Road; thence southwesterly, along the present city limit line on the south side of Talbotton Road, to the point where the present city limit line runs northerly; thence from said point northerly, across Talbotton Road and Warm Springs Road, along the present city limit line on the east side of Fourteenth Avenue, to the point of beginning. Defined. Section 2. That this Act shall go into effect on the first day of September, 1937. Effective date. Section 3. That all laws and parts of laws in conflict herewith be, and they are, hereby repealed. Approved February 12, 1937.

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CORDELE TERRITORIAL LIMITS. No. 174. An Act to amend the charter of the City of Cordele, Georgia, approved August 22, 1922, and found on pages 689 to 719, inclusive, of the published Acts of the General Assembly of the State of Georgia of 1922, so as to amend Section 2 of said Act by changing and extending the corporate limits of the City of Cordele. 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. From and after the passage of this Act, Section 2 of the Act of the General Assembly of the State of Georgia, approved August 15, 1922, creating a new charter for the City of Cordele, be, and the same is hereby amended as follows: Act of 1922 amended. The east boundary line of the corporate limits of said City of Cordele shall be extended from the present boundary line of said corporate limits, beginning at the southeast corner of the present city limits, which is the southeast corner of the west half of lot No. 248 in the tenth land district of Crisp County, and running thence east a distance of 519 feet; thence running north on a line parallel with the present city limits to the south boundary line of Eighth Avenue, thence west along the south boundary line of said Eighth Avenue to the present city limits. Boundary lines. The southern boundary line of the corporate limits of the City of Cordele shall be extended as follows: Beginning with the intersection of the east property line on Tenth Street and the south line of the present city limits, and running south 970 feet, thence running due east to the east boundary line of the right of way of the Georgia Southern and Florida Railroad, thence in a northwesterly direction along the said east boundary line of said railroad right

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of way to the present corporate limits of said City of Cordele. The northern boundary line of the corporate limits of said city shall be extended as follows: Beginning at the northern boundary line of said corporate limits of the City of Cordele and running along the west side of the right of way of the Georgia, Southern and Florida Railroad, north, a distance of 788 feet, thence due west to the east bank of the run of Gum Creek. Section 2. Be it further enacted by the authority aforesaid, That the boundary of the west side of the present corporate limits of said City of Cordele, as set out in said Paragraph 2, of the Act of August 15, 1922, shall be changed and amended by adding after the words and figures land lots Nos. 215 and 216, the words: Provided, that where Gum Creek touches the aforesaid lots, the east bank of the run of said creek shall form the boundary of the corporate limits of said City of Cordele. Section 3. All laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 15, 1937. CORNELIA WATER SYSTEMSALES. No. 87. An Act to amend an Act approved October 22, 1887, incorporating the City of Cornelia, in the County of Habersham, and all Acts amendatory thereto, conferring upon the City of Cornelia power and authority to distribute surplus water to customers located without its corporate limits; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act: Section 1. The City of Cornelia shall have power and authority to sell and distribute surplus water at its corporate limits to customers located without its corporate limits. Sales to non-residents. Section 2. Surplus water, as referred to in this Act, shall be defined as water not needed for use in the City of Cornelia. Surplus water. Section 3. The City of Cornelia shall have the power and authority to extend its present water main on State Highway Route No. 15, beyond its corporate limits towards Demorest, a distance not to exceed one and one-half miles, and to connect with any water main that may be built by the City of Demorest, Georgia, or any private corporation, firm or individual building to the City of Demorest, Georgia, and to install meters, make connections and do any and all things necessary for the sale and distribution of water to customers from its water main herein provided for, without the corporate limits of the City of Cornelia, Georgia: Provided, however, that no extensions shall be made from said main at the expense of the City of Cornelia. Extensions. Section 4. The City of Cornelia shall have power and authority to sell and furnish water to any person, firm or corporation at its corporate limits, or from its water mains and to make contracts for the sale of said water for a term of years and to fix the price to be paid for the same. Yearly contracts. Section 5. The City of Cornelia shall have power and authority to sell water to any and all persons who may, at their own expense, lay water lines to connect with its water mains. All connections to said water mains to be

Page 1707

made under supervision of the proper authorities of the City of Cornelia. Connecting lines. Section 6. The power granted by this Act shall not authorize the City of Cornelia to construct water mains and lines at any other point without its corporate limits, except on State Highway Route No. 15, towards Demorest, Georgia, as hereinbefore provided for. Construction limit. Section 7. Nothing contained in this Act shall have the effect of in any way changing the present rights of the City of Cornelia as to its water system or distribution of water to persons, firms or corporations residing within the corporate limits of the City of Cornelia. Rights not changed. Section 8. Any and all contracts entered into under the authority of this Act shall be binding upon the contracting parties for the full term of the contract. Contracts. Section 9. In order to carry into effect the provisions of this Act, the City of Cornelia shall have power and authority to construct, lease, purchase, operate and maintain the water main on State Highway Route No. 15, as provided for in Section 3 of this bill. Main on State highway. Section 10. The City of Cornelia shall have power and authority to exercise police power over its entire water system, without and within its corporate limits, including its water mains, meters and all property belonging to said City of Cornelia. Police power. Section 11. All laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937. COVINGTON COMMISSIONREFERENDUM. No. 365. An Act to amend the charter of the City of Covington approved August 16, 1918, and the amendatory Acts

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thereto; to provide for a commission form of government composed of three commissioners and a city manager in lieu of the present form of government by mayor and council; to declare the rights and powers of said government; to abolish the office of mayor and council as constituted under the present charter; to provide the method of election of said commissioners and city manager, and other officers and employees of the City of Covington; to provide for the appointment and removal from office of certain officers and employees of the city; to provide for referendum, recall and initiative elections; to provide for an election for the adoption or rejection of the provisions 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 same, That: Section 1. The Act approved August 16, 1918, providing a new charter for the City of Covington, and all the amendatory Acts thereto, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council in said Act and any Acts amendatory thereto are hereby expressly amended so that the offices of mayor and council in the City of Covington are hereby expressly abolished on and after January 1, 1938, subject to a referendum election hereinafter provided for. Act of 1918 amended. Section 2. In lieu of the mayor and council of said City of Covington, there is hereby created and established a commission of three citizens who shall be known as the board of commissioners of the City of Covington. Said board of commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and council of the City of Covington, except as otherwise provided herein and except such rights and powers as are hereby

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otherwise delegated to the city manager hereinafter created and established. Board of commissioners. Section 3. The said [Illegible Text] shall be elected by the qualified voters of the city and shall be at least 25 years of age, citizens of the City of Covington for at least two years prior to the time of taking office, and shall be freeholders at the time of their election. Said commissioners shall serve without pay. Election. Section 4. On the third Monday in December, 1937, there shall be elected three city commissioners who shall take office January 1, 1938, as hereinafter provided. The candidate receiving the highest number of votes shall be elected for a term of three years; the candidate receiving the next 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 elected for a term of one year. The candidate receiving the highest number of votes shall be chairman of the board of city commissioners for the first year. Thereafter, the members of the commission shall elect one of their members to serve as chairman for a period of one year. The commission shall elect one of their number as chairman pro tem. to perform all the duties of the chairman during his absence. In the event any two candidates receive the same number of votes, the board of commissioners shall elect a chairman. At the end of the first terms all city commissioners shall be elected for terms of office of three years' duration; said election shall be held on the third Monday in December of each year. Terms of office. Chairman. Section 5. Before assuming the duties of their office, the city commissioners shall take and subscribe the following oath: I do solemnly swear that I will well and truly demean myself in the office to which I have been elected, to the best of my ability, and will faithfully and honestly account for and pay over all public moneys that may come into my hands during my term of office, and will otherwise

Page 1710

faithfully discharge the duties of the office that may from time to time be required of me by the laws of Georgia and the ordinances of the City of Covington, so help me God. Oath. Section 6. The commission shall select and appoint a manager for said city within 30 days after their election and qualification and fix his salary, which salary shall not be more than three thousand ($3,000.00) dollars per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which may be changed at any time by the commission. Such manager shall be a male person and an American citizen not less than 25 years of age. Said manager shall be a man qualified to hold said position and shall be selected by the commission without regard as to residence or political affiliations. Said manager shall be required to execute a bond with some solvent surety company approved by the commission, as security for the faithful performance of his duties, in an amount as required by the commission, not less than ten thousand ($10,000.00) dollars. The bond premium shall be paid out of the city treasury. City manager. Section 7. The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments of the city. Administration. Section 8. No person who has served as mayor or councilman shall be eligible for the position of city manager until the expiration of two years from the time his term of office expired. Eligibility. Section 9. Be it further enacted, That the commissioners shall be eligible to hold office for as many terms as they may be elected to by the qualified voters of the city. Tenure of office. Section 10. The commissioners shall fix the salaries of all the department heads of the city and shall appoint the city clerk, the recorder, and the city attorney. Salaries.

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Section 11. The manager must devote all his working time and attention to the affairs of the city. He shall not be interested directly or indirectly in any business, person, or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to the confirmation by the commission, of all heads of departments of said city except the clerk, the recorder, and the city attorney. His appointment of employees below the grade of heads of departments shall not be subject to confirmation by the commission. He shall have the right to remove heads of departments and other employees (except the clerk, the recorder and the city attorney) without the consent of the commission and without assigning any reason therefor, except that in case he removes the head of any department he shall state to the commission in writing the cause of such removal. The manager shall be responsible for the efficiency of each department of the city government (except in the case of the clerk, the recorder, and the city attorney), and shall from day to day personally inspect the working of each department. He shall have an office at the city hall and shall keep his office open one hour each day (except Sundays and holidays) at an hour of the day to be fixed by him, during which said residents of the city shall be free to appear and make complaints against the operation of any department of the city government. He shall have charge of the purchase of all supplies and materials for the municipal corporation, but purchases exceeding one hundred ($100.00) dollars shall be approved by the commission and in case of all purchases in the above mentioned amount he shall obtain at least two competitive bids. The manager must at the first of each year submit to the commission for its consideration a budget of its proposed expenditures for that year, the probable revenue for that year and from what sources it is expected. He shall show in as much detail as practicable the amount allotted to each department of the city government

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and the reason for such estimated expenditure. No part of any amount allotted to any department shall be expended by the manager on account of any other department, except upon consent of the commission. All payments of city funds shall be made by vouchers issued under such conditions as the commission may prescribe. In addition to the above, the powers and duties of the city manager shall also be as follows: Manager's duties and powers. (a) To see that all laws and ordinances of the city are enforced. (b) To attend all meetings of the board, with a right to take part in discussions, but with no right to vote on propositions under consideration. (c) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient. (d) To keep the board advised as to the financial condition of the needs of the city. (e) To perform such other additional duties, not inconsistent with those named herein as the said board of commissioners may by ordinance or resolution prescribe. Section 12. The board of commissioners may require the city manager to go before them at any time and answer questions, either oral or in writing, and may require the said city manager to make any reports on any matter involving the city that they may deem proper, and said city manager shall report monthly to said board of commissioners his acts and doings and shall at regular stated intervals, at least quarterly, file with said board of commissioners full and complete reports of the various departments of the city. Reports. Section 13. The board of commissioners shall meet at least once a month at stated intervals and shall hold their

Page 1713

meetings in public, except when they deem an executive session expedient. Said board shall keep reports of their meetings and shall record all their actions, the city clerk being named as the official secretary of the board and charged with the duty of attending and keeping the minutes of all meetings of said board. The board shall be required to meet in special session as often as any two commissioners or the chairman may request. All votes shall be taken by aye and nay votes and properly recorded in the minutes. Meetings. Section 14. In case of a vacancy in the office of any commissioner the remaining commissioners shall elect a commissioner to fill such vacancy, to hold office until the next regular city election. Vacancy. Section 15. Be it further enacted by the authority aforesaid, That no candidate for commissioner shall, before his election, or in any party primary election, directly or indirectly promise to any person to appoint or vote for such person, or any other person, to any office, agency or employment in the government of said city. For a violation of this provision, said candidate making said promise, and the person exacting the same, shall forfeit his office and either or both shall, upon conviction, be punished as prescribed in Section 27-2506 of the Penal Code of Georgia of 1933, and upon the trial of any person for the violation of this section of this Act, both the candidate making the promise and the person exacting the same shall be a competent witness, one against the other, and shall be compelled to give evidence, and nothing then said by said witness shall at any time be received or given in evidence against him in any prosecution except upon an indictment for perjury in any matter to which he may have testified. Pre-election promises. Penalty. Section 16. Be it further enacted by the authority aforesaid, That the corporate entity, corporate name and corporate limits of the City of Covington are hereby in all respects fully preserved as defined in the Acts appearing

Page 1714

on page 630 et seq. Acts of 1918, together with all amendatory Acts thereto, except as herein specifically provided; and all Acts not inconsistent with this Act are hereby continued in force. Provided, further, that all property rights of the city and all its contractual rights and obligations are hereby expressly declared continued in full force and effect; and that all of its corporate acts, through ordinance or resolution, heretofore done or undertaken, are hereby ratified and confirmed; and that all of its forms heretofore prescribed, and its official acts, through ordinance or resolutions, are hereby preserved, except that additional ordinances shall upon the effective date of this Act be thereafter passed by said board of commissioners of the City of Covington, who are hereby expressly empowered to pass all ordinances and resolutions necessary for the proper government of said city and the conduct of its affairs, except that a proposed ordinance, after being read in any meeting of the commission, shall be published in full in the official county newspaper and shall not come up for passage until five days after such publication. Laws of force. Rights continued. Section 17. The board of education of the City of Covington, the terms of office of its various members, its jurisdictions, powers and duties, are hereby expressly preserved, and qualifications of said board and their method of election shall in no wise be affected by the passage and approval of this Act. Board of education. Section 18. No member of the board of commissioners, the city manager, nor any official or employee of the city shall be directly or indirectly interested in any contract, service with or for the city nor in the profits or emoluments therefrom, nor the sale of merchandise to the city, and any contract which violates this section shall be declared null and void. No member of the board of commissioners, the city manager, nor other officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility or

Page 1715

engaged in any business of a public nature within the city, or from any person, firm, or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with said city. Contract interest not allowed. Section 19. The board of commissioners shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the city to be investigated, and for such purposes they have full authority to examine witnesses, compel the production of books and papers or other documents, and for that purpose may issue subp[oelig]nas which shall be signed by the chairman of the board of commissioners, and any person refusing to respect said subp[oelig]nas at the said investigation shall be guilty of a misdemeanor. Investigations. Section 20. The present method of taxing property in said city, of making assessments for this purpose, levying and collecting the same, including all present means of revenue and licenses, shall continue in force until otherwise provided or changed by ordinance of the board under the provisions of this Act. Taxation. Section 21. The city commission by a majority vote shall have the right to and is hereby granted full and complete authority to remove the city manager at any time without liability for such removal. Removal of manager. Section 22. The clerk shall prepare a book for the purpose of receiving the signatures of the voters of the said city to call a recall election. He shall in like manner keep books for the purpose of calling a referendum and initiative elections. Said books shall be open at any time and upon petition in writing by 100 citizens of the said city entitled to vote, which shall plainly and distinctly set forth the purpose and reason for such election and the character of the election to be called, together with the legislation proposed or opposed, in due form, or the name of the officer to be recalled. In case a petition for recall election

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shall be filed and the books opened, the said election shall be called by the chairman whenever 25% of the registered voters of the city shall in person go to the office where said book is kept, and within 30 days from the opening of said book, personally sign the same, calling such election, but no recall election shall be held within three months of the date when the officer whose recall is proposed began his term of office. Election books. Voters. Section 23. Whenever a recall or initiative or referendum election is called, the same shall be ordered by the chairman to be held in not less than 20 and within 30 days after a sufficient number of the registered voters have signed the book to call the same. Any party or political organization shall have the right in the meantime to hold a primary under the State law governing primaries for the selection of candidates for office, or for the expression of the wishes and beliefs of such political parties or organizations on the matter to be initiated or referred. In case a recall election shall be called, the officer for whose office the election is called shall have the privilege of running in said election and any other citizen eligible to hold office may likewise become a candidate and all rules now governing ordinary and special elections shall govern recall, initiative and referendum elections, and all offenses against the purity of elections, ballots and primaries, shall apply to recall, initiative and referendum elections or primaries. Initiative, referendum, recall. Section 24. Be it further enacted by the authority aforesaid, That in the referendum election herein provided for, and in all future city elections, that after the votes have been counted by the election managers they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than 10 o'clock in the morning after the said election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box together with all tally sheets

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which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof, and delivered immediately after the completion of the election and the counting of the ballots to the ordinary of Newton County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of 30 days, after which time, if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. Certificate. Ballots. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in Section 27-2506 of the Penal Code of Georgia of 1933. Penalty. Section 25. This Act shall become effective only after a majority of the duly qualified electors of the City of Covington, voting in an election as hereinafter provided for, shall vote for commission form of government, and if the majority of said electors so vote, then this Act shall become effective, as otherwise provided herein. The mayor and council shall provide for an election to be conducted as elections are now conducted and the returns thereof made by the managers to the mayor and council, who shall declare the results, which shall be entered upon the minutes so as to show the number of votes cast for and the number of votes cast against the commission form of government. The election shall be held on the second Monday in July, 1937, and two weeks' publication and notice of the date of said election shall be given in three public places in said city prior to said date. On the issue submitted to the voters of said city aforesaid, the ballots shall be marked For Commission Form of Government and Against Commission Form of Government. If a majority of those voting vote Against Commission Form of Government, this Act shall be void; if a majority of those voting vote For Commission

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Form of Government, then this Act shall be of force as provided herein from and after January 1, 1938. In said election the qualified voters shall be determined according to the last registration list of said city as used in the last city election, and in addition thereto any one who shall legally qualify to vote in the city 30 days prior to the second Monday in July, 1937. The said registration list shall be purged, corrected and brought down to date by the proper authorities 20 days prior to the holding of the said referendum election, as herein provided. Submission of this act to popular vote. Section 26. All laws and parts of laws in conflict with this Act shall be repealed, provided that all corporate powers heretofore granted said municipality shall remain of full force and effect to be exercised in the manner and by the methods provided by this Act. Powers remain. Approved March 29, 1937. COVINGTON ELECTIONS. No. 506. An Act to amend an Act incorporating the City of Covington, approved August 16, 1918, and the several Acts amendatory thereof; to amend Section 3, page 632, so as to make the hours for holding elections from 7 o'clock A. M. to 6 o'clock P. M.; to amend Section 26, page 642, to authorize the City of Covington to extend, construct, maintain, and operate its water, sewerage, and electric lines and systems beyond the corporate limits of said city as they now exist or may hereafter be established; to furnish water, lights, power and sewerage connections to persons, firms, and corporations within and without the corporate limits of said city; to charge therefor and make reasonable rules and regulations governing the same; to acquire by contract, purchase or condemnation rights-of-way, easements, and privileges for

Page 1719

water, sewerage, and electric-line systems either within or without the corporate limits of said city; to supply electric power to any person, firm, or corporation, at its distribution plant, or at the point from which said city acquires its electric power, for serving non-residents of said city, to purchase electrical current from any source, either within or without the city limits of Covington; to provide that no member of the council, nor the mayor, nor any official or employee of the city shall be interested in any manner in the sale of merchandise, etc., with or for the said city, and declaring any such transaction void; to prohibit said officials and employees from accepting any gift, pass, emolument, etc., from certain persons and corporations; to provide for the publication of official ordinances; to provide for the manner of holding elections; to provide for punishment of any person who violates certain sections hereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an Act approved August 16, 1918, incorporating and granting to the City of Covington a new charter (Georgia Laws, 1918, pages 630 through 645), be and the same is hereby amended by striking lines 13 and 14 in Section 3, on page 632, and in the following words, to wit: At all such elections the polls shall not be opened earlier than 9 o'clock A. M., and shall close at 3 o'clock P. M., and in lieu of such stricken words and sentence, the following words and sentence shall be substituted therefor, to wit: Act of 1918 amended. At all such elections the polls shall not be opened earlier than 7 o'clock A. M., and shall close at 6 o'clock P. M., and thereby effecting a change in the hours for holding all elections in the City of Covington for corporate purposes. Election hours.

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Section 2. That at the end of Section 26 (Georgia Laws, 1918, page 642), there shall be added a new paragraph to be known as Section 26-(a), and as follows, to wit: Section 26-(a). That from and after the passage of this Act, the City of Covington, Georgia, shall have the power and authority to extend, construct, maintain, and operate its water, sewerage, electric light and power lines and systems for a distance of not over 12 miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and that said City of Covington 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 purchase electrical current from any source, either within or without the city limits of Covington; 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. Water, sewerage, light and power lines beyond limits. Section 3. Be it further enacted by the authority aforesaid, That said Section 26 be still further amended by adding a further paragraph to same and to be known as Section 26-(b), and as follows, to wit: Section 26-(b). That the City of Covington is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of said city, and without the corporate limits of said city within a distance of 12 miles in any direction beyond the corporate limits of said city as the same now exist or may be hereafter established. Rights of way. Section 4. Be it further enacted by the authority aforesaid, That said Section 26 be still further amended by adding

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a further paragraph to same, and to be known as Section 26-(c), and as follows, to wit: Section 26-(c). That said City of Covington is hereby authorized and empowered to furnish and supply electric power to any person, firm, or corporation, at its distribution plant in the City of Covington, or at the point from which said city acquires its electric power, for serving non-residents of said city, and to fix the rules and regulations on which the same may be furnished, and likewise fix the terms on which the same to be furnished, and the manner of payment therefor, and the charges to be paid therefor. Supply service. Section 5. Be it further enacted by the authority aforesaid, That the mayor and council are hereby required, at the end of each calendar year, to have an annual audit made covering all of the financial transactions made and entered into by said mayor and council for that calendar year. When said audit is completed, it shall be published by the mayor and council, either in the official county organ or by posting upon the public bulletin board at the county courthouse, the method of publication being within the discretion of the mayor and council. Audit of finances. Section 6. Be it further enacted by the authority aforesaid, That the mayor and council are hereby required to prepare and publish within 15 days of the end of each calendar quarter, a statement showing the financial status of the city. Such statement shall set out in detail the amount of all indebtedness owed by the city, to whom owed, when such indebtedness matured, the interest paid thereon, and the date when such indebtedness was incurred. Provided, however, that it shall not be required that said statement shall set out in detail items of indebtedness of less than one hundred ($100.00) dollars. As to such items, the statement shall give only the total amount. Publication of statements. Such statement shall also show in detail all items of indebtedness, debts or liquidated claims (over one hundred

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($100.00) dollars) owed by persons, firms, or corporations to the city. The quarterly statement shall be attested by the sworn affidavit of the mayor, signed by the clerk, and shall be published by posting the same on the bulletin board at the Newton County courthouse. Section 7. Be it further enacted by the authority aforesaid, That no member of the council, the mayor, nor any official or employee of the City of Covington shall be, directly or indirectly, interested in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments therefrom; and any contract on the part of the city which violates this section shall be null and void. No member of the council, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm, or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with the City of Covington. Contract interest forbidden. Section 8. Be it further enacted by the authority aforesaid, That the mayor and councilmen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read in any meeting, shall be published in full in the official county newspaper and shall not come up for passage until five days after such publication. Ordinances. Publication. Section 9. Be it further enacted by the authority aforesaid, That in all city elections which may be held after the passage of this Act that after the votes have been counted by the election managers, they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than 10 o'clock in the morning after the

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said election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof and delivered immediately after the completion of the election (and the counting of the ballots) to the ordinary of Newton County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of 30 days, after which time if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in Section 27-2506 of the Penal Code of Georgia of 1933. Elections. Ballots. Penalty. Section 10. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 31, 1937. DALTON CITY OFFICERS. No. 390. An Act to amend the charter of the City of Dalton; to create a police department for said city; to provide the manner of election of the chief of police, the manner of selection of police officers; to provide for the removal of chief of police and police officers; to abolish the office of marshal of said city; to prescribe oath and bond of chief of police; to prescribe his duties and powers; to provide for the election of city clerk by the mayor and council of said city; to provide for the removal of said clerk; to provide for a board of tax assessors of said

Page 1724

city; to provide for registration of voters of said city; to abolish the office of treasurer of said city, and establish in lieu thereof a city depository; to repeal all Acts in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act the several Acts heretofore passed by the Legislature creating a charter for the City of Dalton, Georgia, and the several Acts amendatory thereto, are hereby amended as follows: Acts amended. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, That there is hereby created for the City of Dalton a police department to consist of a chief of police and such number of police officers as may be determined by a police commission consisting of three members to be appointed by the mayor and council of said city. Police department. Section 3. The mayor and council of the City of Dalton at their first regular meeting held during the year of 1938, shall appoint three citizens to be known as the police commission of the City of Dalton, Georgia, one commissioner shall serve one-third of a full term, or one year; one commissioner shall serve two-thirds of a full term, or two years; one commissioner shall serve a full term. Upon the expiration of the term of service of any member so appointed, the mayor and council of the City of Dalton shall appoint a member for a full term; one member to be appointed each year, starting one year from the date of the appointment of the first police commission. It shall be the duty of the mayor and council to name and designate a chairman of said commission and to fix the salary and compensation of said commission, but in no case shall any commission be paid more than twenty-five ($25.00) dollars per year. Police commission. Terms.

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Said commission shall elect some suitable person to be chief of police of said City of Dalton and said chief of police shall select police officers with the approval of said commission. Said police officers to serve under said chief of police in said police department. Chief. The salary of chief of police and each member of the police department and the number of police thereof shall be fixed and regulated by the police commission of the City of Dalton, Georgia. Salaries. Section 4. The duties of said chief of police shall be such as conferred by the Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton, Georgia (Georgia Laws, 1874, page 181), and Acts amendatory thereto, upon the marshal of the City of Dalton; and all of the duties, powers, and responsibilities of the marshal of said city are hereby transferred to the chief of police, together with such other duties and responsibilities as from time to time may be placed upon said chief of police by the police commission of said City of Dalton. Duties. Section 5. The chief of police shall be the head of the police department of said city and shall hold office for a period of two years and until his successor is qualified, but he may be removed or discharged at any time by the police commission of Dalton, Georgia, for any reason they see fit, with or without notice, and his successor named. Term of office. Section 6. All of the police officers selected by the chief of police to serve under him in said department shall be subject to confirmation by the police commission of City of Dalton, Georgia; and no person shall serve as a police officer in said city until he has been so confirmed. The police commission of City of Dalton, Georgia, shall have the right to remove any police officer at any time for any reason they see fit, and all police officers shall serve at the

Page 1726

will of the police commission of City of Dalton, Georgia, and shall not be selected for any particular term of office. Confirmation. Removal. Section 7. All of the police officers shall be subject to the direction and control of the chief of police, and he shall have the right to suspend any police officer for incompetency, insubordination, or misconduct and report such suspension to the first meeting of the police commission of Dalton, Georgia, held after such suspension when said police officer shall be either removed or reinstated. Control. Suspension. Section 8. Nothing in this Act shall be construed to repeal the provisions of the Act of 1874, heretofore referred to, giving the police commission of Dalton, Georgia, the right to employ special policeman or policemen to serve in cases of emergency. No repeal. Section 9. The salary of said chief of police shall be fixed by the mayor and council, prior to his election, and shall not be changed during his term. Salary. Section 10. No election shall be held in said city for the election of a marshal after the passage of this Act and upon the election of a chief of police, as herein provided, the office of marshal shall become abolished. Office of marshal abolished. Section 11. The chief of police and all other police officers shall take oath as prescribed in the charter of said city, and the chief of police shall give bond with at least two good and solvent sureties in the sum of five thousand ($5,000.00) dollars to be approved by the clerk of said city, payable to the mayor and council and their successors in office for the faithful performance of his duties; said bond must be given before said officer enters upon his duties, and the principal and sureties in said bond may be sued on said bond for any default in reference to the finances of the city as soon as the default is ascertained, and recovery can be had and enforced as upon other judgments rendered by the courts of this State. Bonds of police chief.

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Section 12. Be it further enacted, That the mayor and council of said city at their first regular meeting held during the year 1939, and biennially thereafter, shall elect some suitable and proper person clerk of said city who shall hold office for a term of two years and until his successor is qualified unless sooner removed by the mayor and council. The salary of said clerk shall be fixed by the mayor and council prior to his election and shall not be changed during his term. The duties and responsibilities of said clerk shall be such as conferred upon him by the Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton, Georgia, Georgia Laws, 1874, page 181, and Acts amendatory thereto, and such other duties and responsibilities as from time to time may be placed upon said clerk by the mayor and council of said city, but said clerk shall hereafter be elected by the mayor and council instead of the qualified voters, and after the passage of this Act no election shall be held among the qualified voters for the election of a clerk in said city. Clerk. Salary and duties. Section 13. The clerk of said city upon failing to comply with any duty assigned to him by the charter of said city, or any ordinance of the mayor and council, may be removed from office by the mayor and council of said city, and he shall also be subject to removal for any misconduct or malfeasance in office; and there shall be no appeal from the decision of the mayor and council upon any question of removal. Any vacancy occurring in this office shall be filled by the mayor and council for the unexpired term. Removal. Vacancy. Section 14. The mayor and council of said city at their first meeting held in the year 1938, and biennially thereafter, shall elect three freeholders of the city to be tax assessors of the city, and said three freeholders shall constitute the board of tax assessors of said city. Said assessor shall hold office for two years, unless sooner removed for cause by the mayor and council, the sufficiency of which

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shall be judged by the mayor and council. The clerk of said city shall act as clerk of said board, but shall not be a member thereof. The duties, powers, and responsibilities of said board of tax assessors shall be such as provided by the charter of said city and the Acts amendatory thereof. Tax-assessors. Section 15. Be it further enacted, That the clerk of said city shall open his books for registration to the voters of said city on the first day of September of each year, and they shall remain open in his office until the 15th day of November of each year, after which time it shall be unlawful for any person to register and vote in the next ensuing election. Registration of voters. Section 16. Be it further enacted by the authority aforesaid, That the office of treasurer of the City of Dalton, be and the same is hereby abolished; and that in lieu of a treasurer the mayor and council of said city shall select some chartered bank or banks of said city as city depository, in which shall be deposited all funds of the city as soon as collected, and upon which all warrants or vouchers for city funds shall be drawn. The bank or banks so selected shall be required to give a good and solvent bond, payable to the mayor and council of said city and their successors in office, which bond shall be approved by the mayor and council and shall be for such amount sufficiently ample to protect said city as may be fixed by the mayor and council. Said city depository shall perform the duties of the city treasurer as provided in the charter of said city. The mayor and council shall have the right to change the city depository at any time they may see fit. Treasurer's office abolished. Bank as depository. Bond. Duties. Section 17. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 29, 1937.

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DALTON SCHOOL-TAX REFERENDUM. No. 484. An Act to provide for the levying of a tax for the maintenance of public schools in the City of Dalton; to fix the limit to be observed in the levying of such tax; to prescribe in connection therewith the respective duties of the board of education and the mayor and council; to provide how and when this Act shall become effective; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, the mayor and council of the City of Dalton shall be authorized to levy annually upon taxable property within said city an ad valorem tax not to exceed ten mills on the dollar for educational purposes and for the maintenance of the public schools of the City of Dalton. Tax for education. Section 2. Be it further enacted, That this Act shall not become effective until ratified by the qualified voters of the City of Dalton, at an election held in said city at which the question of ratification of this Act shall be submitted to the qualified voters. Ratification by voters. Section 3. Be it further enacted, That when the mayor and council of the City of Dalton may deem it necessary to provide additional revenues for the operation of the public schools of said city, they shall call an election of which thirty (30) days' notice shall be given by publication of such notice in some newspaper published in said city, which election shall be held under the ordinances and laws regulating the holding of elections in said city and with the same registration list used in the last city election. At said election there shall be submitted to the qualified voters of said city the question of approval of this Act; and if at said election a majority of those voting thereat shall vote

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in favor of approval of this Act, the result shall be so declared by the mayor and council, and entered on the minutes of said city, and this Act shall from thenceforth be in full force and effect. At said election those favoring the approval of this Act shall have written or printed on their ballots the words, For approval of Act to provide funds for the public schools of the City of Dalton, and those opposing the approval of this Act shall have written or printed on their ballots, Against approval of an Act to provide funds for the public schools of the City of Dalton. Election. Ballots. Section 4. Be it further enacted by the authority aforesaid, that all laws and parts thereof in conflict with this Act are hereby repealed. Approved March 30, 1937. DAWSON BUSINESS-LICENSE TAXSTREETS. No. 119. An Act to amend the charter of the City of Dawson, Georgia, approved August 7, 1909, so as to authorize the City Council of Dawson to regulate and control the streets of the City of Dawson for business purposes; to classify for the purpose of imposing a license tax thereon the various kinds of businesses for which the streets may be used; to levy and collect a license tax from persons, firms or corporations for the use of the streets to carry on business; to levy and collect license taxes on all businesses, trades or callings, and upon the agents for all businesses, trades or callings, which under the Constitution and laws of the State of Georgia are subject to a license tax; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act,

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the charter of the City of Dawson, Georgia, approved August 7, 1909, be and the same is hereby amended, by adding thereto the following: Act of 1909 amended. Section 2. That the City Council of Dawson is authorized to regulate and control the streets of the City of Dawson for business purposes; to classify for the purpose of imposing a license tax thereon, the various kinds and types of business for which the streets of the City of Dawson may be used; to levy and collect from persons, firms or corporations, a license tax for the use of the streets to carry on any business; to permit or prohibit the use of the streets for business purposes; to levy and collect license taxes from persons, firms or corporations engaged in any trade, business or calling, or upon agents for any trade, business or calling, which under the Constitution and laws of the State of Georgia may be subject to a license tax. Streets. Business licenses. Section 3. That the City Council of Dawson shall have power and authority to adopt all such rules, ordinances, and regulations as may be necessary for the exercise of the powers herein granted. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. DAWSON SCHOOL COMMISSIONERS' PAY. No. 117. An Act to amend the school laws of the City of Dawson, Georgia, as found on pages 1020 to 1025 of the Georgia Laws of 1927, to provide for compensation for members of the Board of School Commissioners; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of

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the same, That from and after the passage of this Act, the Dawson, Georgia, School Laws, as found on pages 1020 to 1025 of the 1927 Georgia Laws, be and the same is hereby amended by adding thereto the following section: Act of 1927 amended. Section 2. That each member of the Board of School Commissioners of the City of Dawson, Georgia, may be paid from the school funds in the hands of said board the sum of $100.00, per annum, provided that the member of said board acting as secretary and the member of said board acting as treasurer may each be paid from said school funds the sum of not more than $200.00 per annum. The said Board of School Commissioners shall, at its first regular meeting in each calendar year, after the passage of this Act, fix and prescribe the annual salaries to be paid the members of said board, which salaries shall not exceed the amounts herein set forth, and shall also fix and prescribe the time and manner in which said salaries shall be paid. Pay of board members. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 8, 1937. DEMOREST CHARTER AMENDMENTS. No. 91. An Act to amend an Act entitled An Act to repeal the charter of the City of Demorest in Habersham County, Georgia, approved October 6, 1891, and to incorporate the City of Demorest in Habersham County, Georgia, and define the limits thereof; to create a city council and a city board of education, and grant election powers and privileges for the same; to authorize the establishment of systems of schools, public lighting, water supply and drainage for said city, and the passage of all ordinances and by-laws for the government of said city, and to provide

Page 1733

penalties for a violation of such ordinances and by-laws, and for other purposes, approved August 15, 1917, which said Act appears on pages 656 to 664, inclusive, of the Georgia Laws for the year 1917, so as to define the territorial limits of said city, to provide for the election of the members of council of said city for a term of years, to prescribe those eligible to hold office in said city, to better authorize said city to establish systems of drainage and waterworks by constructing, equipping and maintaining waterworks plants and water lines within and without the corporate limits of said city, to condemn property necessary therefor, to sell water enroute from such waterworks plants to the corporate limits of said city, and within and without the corporate limits of said city, to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership; and for other 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 incorporating City of Demorest in Habersham County, Georgia, approved August 15, 1917, be and the same is hereby amended as hereinafter set out. Act of 1917 amended. Section 2. By striking the word Process in the twelfth line of Section 2 of said Act and substituting in lieu thereof the word possess so that said Section, when so amended, shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act, the City of Demorest, in the County of Habersham, be and the same is hereby incorporated under the name of the City of Demorest. That the principal government of the City of Demorest shall be vested in a city council, composed of a mayor and four councilmen, who are hereby constituted a body corporate under the name and style of the City of Demorest, and by that name and

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style shall have perpetual succession, and shall have a common seal and be capable in law and equity to purchase, have, hold, receive and enjoy, possess and retain to them and their successors for the use of the City of Demorest any estate, real or personal, of whatever kind or nature, and shall by the same be capable to sue and be sued in any court of law or equity in this State, and to sell, alien or lease any estate, real or personal, the property of or belonging to said incorporation, or convey the same or any part thereof as they may see fit. Governmental powers. Section 3. Be it further enacted by the authority aforesaid, That Section 5 of said Act be and it is hereby amended by adding between the word councilmen in the fourth and fifth lines of said Act, and the letter a in the fifth line of said Act, the following words: and beginning with the 1937 election herein provided, one member shall be elected for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years, and annually thereafter one member shall be elected for a term of four years, so that when said section, when so amended, shall read as follows: Section 5. Be it further enacted by the authority aforesaid, That an election shall be held in the City of Demorest, at such places as the council shall designate, on the second Tuesday in December in each year, for a mayor, four councilmen, and beginning with the 1937 election herein provided, one member shall be elected for a term of one year, one member for a term of two years, one member for a term of three years, and one member for a term of four years, and annually thereafter one member shall be elected for a term of four years; a city treasurer and a board of education to be composed of three members, who shall hold office for one year or until their successors are elected and qualified, and should there fail to be an election in said city at the time above specified, from any cause whatsoever, or should any vacancies occur by death, resignation or other

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cause, the city council of said city shall order an election held in said city by posting a notice in three public places. Said notice shall be posted at least fifteen days previous to said election. The polls of all elections for the city officers and board of education shall be opened at eight o'clock A. M. and closed at four o'clock P. M., and said elections shall be held under the superintendence of a justice of the peace and two freeholders or of three freeholders, as the city council may direct, said freeholders to take an oath for the due performance of their duty as such superintendents and to have all the powers incident to superintendents of elections of this State. Election of mayor and council. Section 4. Be it further enacted by the authority aforesaid, That Section 8 of said Act be and it is hereby amended by striking from the second line thereof the word male, and by adding between the word election in the sixth line and the word provided in the seventh line of said section the following words: and owns real estate in said city, so that said section, when so amended, shall read as follows: Section 8. Be it further enacted by the authority aforesaid, That any person who is a citizen of the United States shall be eligible to any office in the City of Demorest, provided such person is twenty-one years of age and has resided in the State of Georgia for twelve months and in the City of Demorest for six months next previous to said election and owns real estate in said city; provided no person under thirty years of age shall be eligible to the office of mayor. Eligibility to office. Section 5. Be it further enacted by the authority aforesaid, That Section 10 of said Act be and it is hereby amended by adding between the words waterworks and street in the tenth line of said section, the following words: by constructing, equipping and maintaining waterworks plants and water lines within and without the corporate

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limits of said city, to condemn property necessary therefor, to sell water enroute from such waterworks plants to the corporate limits of said city, and within and without the corporate limits of said city, to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership, so that said section, when so amended, shall read as follows: Section 10. Be it further enacted by the authority aforesaid, That said corporation shall have and enjoy all the rights, privileges and powers incident to such corporations, not repugnant to the Constitution of the United States, the Constitution of this State or laws made in pursuance thereof, and said city council shall have full power and authority to enact all ordinances, by-laws, rules and regulations necessary for the government of said city and securing the protection and health of the citizens thereof; to establish systems of drainage, waterworks, by constructing, equipping and maintaining waterworks plants and water lines within and without the corporate limits of said city, to condemn property necessary therefor, to sell water enroute from such waterworks plant to the corporate limits of said city, and within and without the corporate limits of said city, to contract with and buy water from any municipal corporation, or any other corporation, or from any individual, firm or partnership; street lighting and all other appliances for the health and prosperity of the citizens of said city, and shall have power and authority to issue bonds for the establishment of the same in the same manner as is now provided by the Constitution and laws of the State of Georgia. Waterworks: extent of powers. Section 7. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1937.

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DOUGLASVILLE TOWN CHARTER No. 78. An Act to amend, consolidate, and supersede the several Acts incorporating the Town of Douglasville, in the County of Douglas, State of Georgia; to create a new charter and municipal government for said town; to define the corporate limits of said town; to vest in said Town of Douglasville all properties and rights of the former Town of Douglasville, and to confirm the title of said town to any property heretofore acquired without charter authority; to authorize said town to acquire and own property, either within or without the corporate limits, for any corporate purpose; to regulate and limit the sale of property in said town; to provide that all valid obligations of the former Town of Douglasville shall be binding on the Town of Douglasville hereby incorporated; to provide that the present mayor and council, and all subordinate officers, of the Town of Douglasville serve until election and qualification of the officers herein provided for; to provide that all ordinances now in force in said town, not in conflict with this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said town, and to prescribe their qualification, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor, and councilmen; to confer on the mayor, and council, certain duties, powers, and privileges; to provide for all elections in and for said town, and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said town, and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing, by a registrar or registrars, whose election by the mayor and council and powers and duties are herein provided; to provide a mayor's court, and for

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the trial and punishment therein of all offenders against the laws and ordinances of said town, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said town and to confer upon said Town of Douglasville hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to provide for a street or commutation tax; to authorize said town to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions, and entertainments, and for the taxation and licensing thereof; to authorize said town to define and punish unfair competition on the part of any person or corporation doing business in said town, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said town to establish fire limits, and to establish a system of zoning in said town, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said town, and to provide rules and regulations for public service corporations operating in said town; to authorize said town to establish a board of health; to confer upon said town all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said town; to authorize said town to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said town; to authorize said town to pave and otherwise improve for travel and drainage, streets and sidewalks of said town, and to

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assess the cost thereof, including intersections in the discretion of the mayor and council of said town, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said town to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said town to enforce collection of water, light, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said town to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public buildings and improvements; to provide for the abatement of nuisances within the corporate limits of said town; to provide for the working of convicts within and without said town, and for chaingang and prison; to authorize said town to contract debts and to issue bonds in the manner provided by State law, for any lawful corporate purpose or improvement; to authorize said town to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said town, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State law; to provide the police powers of said town, and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said town, and for the exercise of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said town, in conflict herewith; to create a new charter for said Town of Douglasville and declare the rights and powers of said corporation; 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 Town of Douglasville, in the County of Douglas, State of Georgia, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the Town of Douglasville, and by that name shall be, and is hereby, vested with all the rights, powers, and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property, and easements heretofore belonging to the Town of Douglasville are hereby vested in the Town of Douglasville created by this Act; and the Town of Douglasville, by and in that name, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use the common or corporate seal, make and enact, by and through the mayor and council of said Town of Douglasville, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said town, and for the transaction of the business thereof, as they may deem good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Corporate name and powers. Section 2. Be it further enacted, That the title to any property, real or personal, within or without the corporate limits of said town, heretofore acquired by the Town of Douglasville, with or without proper charter authority, is hereby vested in the Town of Douglasville created by this Act, the acquisition thereof being hereby ratified and made lawful. And the Town of Douglasville created by this Act is hereby authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said town, for corporate purposes. Title to property.

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Section 3. Be it further enacted, That no electric-light, gas, water, or other public utility plant or system, now or hereafter owned by the Town of Douglasville, shall ever be sold, leased or otherwise disposed of by the Town of Douglasville created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Georgia Laws 1925, pages 177-179); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said town (including any property connected with a public utility plant or system owned by said town, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said town by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof. Public utilities. Act of 1925 incorporated by reference. Section 4. Be it further enacted, That the corporate limits of the Town of Douglasville created by this Act shall be and remain as they now are, that is the center of said town to be a point in the center of the road-bed of the Southern Railway Company located by a line drawn from the center of the door on the north side of the courthouse as at present located in said town, thence running along the center of said railway road-bed, in each direction, one and one-fourth (1) miles, and extending, in width, one (1) mile each way from said center of said railway road-bed and the following territory, in addition to the above, viz: Commencing at a point where the west line of town (as above set out) crosses the right-of-way of the Southern Railway, on the south side of said right-of-way; thence westerly along the southerly side of said right-of-way a distance

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of thirteen hundred and seventy-six (1376) feet; thence due north, thirteen hundred ninety-six (1396) feet; thence due east, to the west line of said town (as first located herein), approximately seven hundred seventy-six (776) feet; thence in a southerly or southwesterly direction along the west line of said town (as at first located), a distance of approximately eleven hundred eighty (1180) feet to point of beginning. It being the intention to add the right-of-way of the Southern Railway Company, approximately 1376 feet in length, to the territory embraced in the former corporate limits of the Town-of Douglasville, as set out in Act approved November 29, 1897 (Georgia Laws 1897, page 195). Also, on south side of said town (as above described) the following additional territory: Commencing on the south line of said town (as first located herein), at a point two hundred ten (210) feet east from easterly side of Chapel Hill Road; thence in a southerly direction, parallel with said Chapel Hill Road, seven hundred thirty-five (735) feet; thence west, parallel with the south line of said town (as first located) a distance of four hundred seventy (470) feet; thence north, and parallel with said Chapel Hill Road, seven hundred thirty-five (735) feet to south line of said town (as first located); it being the intention to include a strip of territory on each side of Chapel Hill Road, 210 feet in width (the said road being 50 feet in width) thereby making a strip of territory, including road, 470 feet in width, and 735 feet in length. Territorial limits. Section 5. Be it further enacted, That the Town of Douglasville created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of the former Town of Douglasville, whether for principal and interest on outstanding bonds, or other contracts or indebtedness. Liability. Section 6. Be it further enacted, That the municipal government of said town shall be vested in a mayor and seven (7) councilmen, whose qualification and manner of

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election are hereinafter prescribed, and that the present mayor and councilmen of the said Town of Douglasville, together with all subordinate officers elected by said mayor and council, subject to right of mayor and council to remove, with or without cause, shall continue in office until their successors have been elected and qualified, as herein provided. An election shall be held annually in said town, at such place or places as may be designated by the mayor and council, on the fourth Wednesday in December. On the fourth Wednesday in December, 1937, and biennially thereafter, a mayor and three (3) councilmen shall be elected to serve for two (2) years and until their successors are elected and qualified; on the fourth Wednesday in December, 1937 four (4) councilmen shall be elected to serve for one (1) year; and on the fourth Wednesday in December, 1938, and biennially thereafter, four (4) councilmen shall be elected to serve for two (2) years and until their successors are elected and qualified. Mayor and council. Election. Terms. Section 7. Be it further enacted, That any person, a resident of the Town of Douglasville, and who has been a bona fide resident thereof for twelve (12) months prior to the time of election, and who shall be twenty-one (21) years of age and a qualified voter of said Town of Douglasville, shall be eligible to the office of mayor and councilmen of said Town of Douglasville. Should the mayor or any councilman, during the term of his or her office, remove from the limits of said town or cease to be a bona fide resident thereof, his or her office shall thereby become vacant. Eligibility. Be it further enacted, That in event the office of mayor should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than sixty (60) days from the time such vacancy occurs, under the same rules and regulations that govern the elections in said town. The clerk of said town shall cause notice of the holding of said election, and the time and place thereof, to be published

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once a week for two weeks prior to said election in the newspaper in which sheriff's advertisements for Douglas County are published; Provided, however, in event such vacancy occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem., or by any councilman elected by the council for that purpose; and, Provided, further, in event such vacancy should occur within three (3) months prior to a regular annual election to be held on said fourth Wednesday in December, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., or by any councilman elected by the council for that purpose, who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. In the event the office of one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy shall be filled by the mayor and council by the election of any citizen of said town eligible to hold such office, who shall serve until the next annual election when a councilman shall be elected to fill the remainder of the unexpired term. Election on vacancy. Office filled. Section 9. Be it further enacted, That all elections held in and for said town under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said town, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said town, to be selected by the mayor and council; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe

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he is entitled to vote according to the laws of said town, nor will we knowingly prohibit any one from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said town shall be open from 6 o'clock A. M. until 6 o'clock P. M., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit them with the clerk of the Superior Court of Douglas County. The other list of voters and tally-sheet shall be filed by the managers with the mayor and council of said town, who shall meet on the day following said election and declare the result thereof. The clerk of said Superior Court and the clerk of said town, after the meeting and adjournment of the session of the grand jury of Douglas County, next immediately following said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and council of said town are authorized and empowered to adopt such further reasonable rules for the conduct of elections in said town as they may deem proper. Elections regulated. Section 10. Be it further enacted, That no person shall be allowed to vote in any election held in said town, except he be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Douglas, and unless he shall have bona fide and continuously resided in said town of Douglasville, as a citizen thereof, for three months next preceding said election at which he offers to vote, and shall

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have registered as a qualified voter in the manner hereinafter provided. Voters. Section 11. Be it enacted by the authority aforesaid, That there shall be established in the Town of Douglasville created by this Act a permanent registration system of the qualified voters of said town: (a) Within thirty (30) days after the approval of this Act, the mayor and council of said town shall provide a suitable book for the permanent registration of qualified voters of said town. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this section. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters, followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such data as may be required by the ordinances of said town. Registration of voters. Books. (b) The clerk of said town and/or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which sheriff's advertisements for Douglas County are published. Said clerk and/or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the ten-day period next preceding the date of any election in said town. Notice.

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(c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am twenty-one (21) years of age (or will be by the time of the next town election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Douglas, and that I have bona fide and continuously resided in the Town of Douglasville, as a citizen thereof, for three (3) months (or will have by the time of the next town election). The clerk and/or deputy clerk, shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk and/or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. Oath of voter. (d) No person registering as herein provided shall be required to again register as a qualified voter of said town, so long as he or she remains a resident of said town and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said town. Permanent registration. (e) Whenever any election is to be held in and for said town, the said registration books are to be closed ten (10) days before said election and delivered to the mayor of said town, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three in number, as registrar or registrars. Said registrar or registrars shall be residents of said town, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed

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from the limits of said town, or who have registered less than ten (10) days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said town, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subp[oelig]na witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained, and two (2) copies shall be filed with the clerk of said town, one of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two days before said election. Registrars. Lists. Notice and hearing as to exclusion. Copies of lists. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefom by accident or mistake. Certificate of omission.

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(g) The mayor and council shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the town to such registrar or registrars, and may designate the clerk of said town to act as a registrar or as one of the registrars provided for under this section if they deem proper. Illegal registration. Section 12. Be it further enacted, That the mayor and councilmen elected on the fourth Wednesday in December, 1937, shall on the first day of January, 1938, be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the Town of Douglasville; that I will faithfully execute and enforce the laws of said town to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said town and common interest thereof. And on the first day of January of each year thereafter the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If the first day of January fall on Sunday, or any such officer fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Installation and oath. Section 13. Be it further enacted, That the mayor shall preside at meetings of the council; he shall not be allowed to vote except in the following instances; (1) in case of tie vote by the council on any question or measure; and (2) in all elections by the mayor and council of the subordinate officers of said town (even though his vote results in a tie vote and failure to elect any such officer). Where the mayor's vote in the election of a subordinate officer of said town causes a tie vote, and results in a failure to elect any person to such office, said mayor shall have power to appoint

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some competent person to fill such office until such time as the mayor and council shall by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinance, order, or resolution of the council, in which event the same shall not become law or enforceable unless subsequently passed over his veto by a vote of at least five councilmen on a yea and nay vote duly recorded on the minutes. Provided, however, that unless the mayor shall file, in writing, with the clerk his veto of any measure passed by council, together with his reasons for disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve, in writing, any measure passed by the council, and it shall go into effect immediately. Mayor's vote. Veto power. Section 14. Be it further enacted, That the mayor shall be the chief executive officer of said town; have general supervision of the affairs of said town; and shall see that the laws of said town are executed, and that the officers of said town are faithful in the discharge of their duties. He shall cause the books and records of said town and of its officers to be inspected; and shall have control of the marshal and police force of said town, and may appoint special police officers whenever he deems necessary. He may exercise, within the corporate limits of said town, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said town over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said town. Supervisory powers. Be it further enacted, that the mayor and council of said town shall have full power to fix the time, place, and rules of procedure of their regular sessions. And the mayor shall have power to convene the council in special session whenever he deems proper. The mayor and council shall

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have full and ample power to do and perform any of their duties or powers at a special or called session as at a regular session. Sessions. Section 16. Be it further enacted, That the mayor and council, annually at their first meeting in January, shall elect one of said councilmen as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, power, and privileges of the office of mayor. Mayor pro tem. Section 17. Be it further enacted, that the mayor and council of said town, annually at their first meeting in January, or as soon thereafter as practicable, shall elect a clerk, treasurer, marshal (who shall be chief police officer), and as many other police officers as are necessary and proper, in their opinion, for the conduct and supervision of the various departments of said town and for the good government of said town. Each of such officers shall take such oath, give such bond, and perform such duties as the mayor and council may prescribe. Said officers shall be elected for one year, but shall be subject to removal at any time, with or without cause, holding office at the pleasure of the mayor and council. And at said first meeting of the mayor and council aforesaid, they shall fix the salaries of the clerk, treasurer, marshal (who shall be chief police officer), and the other subordinate officers of said town; and also the salaries of the mayor, mayor pro tem., and councilmen, all of which shall be subject to revision at any time. Officers. Oath and bond. Terms. (a) The salary of the mayor shall not exceed $150.00 per annum; nor that of the mayor pro tem., $100.00 per annum; nor that of any other councilman, $75.00 per annum. All salaries shall be paid monthly. Salaries. Section 18. Be it further enacted that the mayor and council shall have power and authority to fill vacancies in any of the subordinate offices as they occur; and shall also

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have authority to consolidate any such offices whenever they deem best. Vacancies. Section 19. Be it further enacted, That there shall be established in the Town of Douglasville, created by this Act, a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: Mayor's court. (a) Said court shall be held as often as necessary for the trial of offenders; and the mayor and council are authorized (but not required) to elect some competent citizen of said town as recorder to preside over and hold said court, should they at any time deem such election of such official for the best interest of said town; and to fix his compensation which shall not exceed $150.00 per annum. Should such recorder be elected and thereafter disqualified in any case or absent from town, said mayor's court shall be presided over by some citizen designated by the mayor and council. If no recorder be elected by the mayor and council, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in absence and/or disqualification of both the mayor and mayor pro tem., any councilman of said town may preside over and hold said court. The clerk of said town shall act as clerk of said court, and the marshal who is the chief police officer of said town) or other police officers of said town shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said town or by the orders of the presiding officer of said court. Duties and powers. (b) The jurisdictional limits of said court shall include the corporate limits proper of said town; and said court shall have jurisdiction to try offenses against the laws and

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ordinances of said town, committed within the said jurisdictional limits. Jurisdiction. (c) The mayor, or other presiding officer, when sitting as such court, shall have power and authority to punish for contempt by fine not exceeding $25.00 and imprisonment in the prison of said town not to exceed ten (10) days, either or both, in the discretion of said court. Punishments. (d) Upon the conviction of any defendant of violation of any law or ordinance of said town, said court shall have the right to sentence said defendant to pay a fine not exceeding $200.00 and to imprisonment in the prison of said town or in the common jail of Douglas County, not exceeding ninety (90) days, and to work and labor in the town chaingang or on the streets or public works of said town, whether within or without the corporate limits, not exceeding ninety (90) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the town treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. Cost executions. (e) All cases made in said court shall be in the name of the Town of Douglasville; all warrants for offenses against the laws and ordinances of said town shall be signed by the presiding officer of said court, or the mayor of said town, or some officer authorized by law to issue State warrants; and all other processes of said court, including subp[oelig]nas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear test in the name of the mayor or the presiding officer of said court. Warrants.

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(f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Douglas County for trial, to assess bail for his appearance, and to commit to the jail of Douglas County, in default of bond. Conduct of court. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said town; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or constable in any county in this State; but said town shall not be required to incur any expense in securing the attendance of any nonresident subp[oelig]naed by a defendant. Witnesses. (h) Said court shall have the power to fix bail, accept bonds for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure so to do, said court shall issue a scire facias directed to the marshal and other police officers of said town and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than 30 days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said town. And where any person charged with an offense against the laws or ordinances of said town has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same

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paid into the treasury of said town. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. Bail-bonds. (i) Said court shall have full power and authority, and the mayor and council are hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Rules, etc. Section 20. Be it further enacted, That any person convicted in the said mayor's court for violation of any of the laws or ordinances of said town shall have the right of certiorari to the Superior Court of Douglas County, Georgia, in the manner provided by law, as set out and embodied in Chapter 19 of the Georgia Code, 1933, being Sections 19-201 et seq. Certiorari. Section 21. Be it further enacted, That the mayor of said town is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits of the Town of Douglasville, offenses against any law or ordinance of said town or offenses against any penal law of this State. He shall have authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the several counties of this State now or may hereafter have by law. All of said warrants shall be addressed to the marshal (or other police officers), and to all and singular the sheriffs, deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Warrants. Committal or discharge. Section 22. Be it further enacted, That it shall be lawful for the marshal or other police officers of said town to arrest without warrant any person or persons within the

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corporate limits of said town, for an offense against or violation of the laws and ordinances of said town, or for a crime against the penal laws of said State, if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said town who, after committing said offense seeks to flee and escape, the marshal or other police officer are empowered to pursue and arrest him without warrant Arrests. Section 23. Be it further enacted, That the marshal or other police officer of said town shall have the right, power, and privilege to release any person arrested within the corporate limits of said town for an offense against the laws and ordinances of said town, upon said person giving bond, to be approved by the marshal or mayor of said town, payable to the Town of Douglasville, conditioned to pay the obligee in said bond an amount fixed by the marshal or mayor of said town, in the event said person arrested does not appear before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Release on bond. Section 24. Be it further enacted, That the mayor and council of said town shall have power to control the finances and property of said town, to appropriate money, and to provide for the payment of the debts and expense of the corporation. Finances. Section 25. Be it further enacted, That the mayor and council of said town are hereby authorized and empowered to provide by ordinance for the assessment, levy, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said town, and upon all goods, chattels, moneys, and choses in action whose owner resides within the corporate limits of said town, which are subject to taxation by the laws of his State; for

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the ordinary current expenses of said town, a tax not exceeding one ($1.00) dollar on each one hundred ($100.00) dollars of taxable property, as assessed in the manner herein provided; and for the paving and macadamizing of streets and sidewalks and for the payment of the principal and interest of the public debt of said town, such additional tax as may be necessary and proper. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Taxes. Section 26. Be it further enacted, That all persons owning property in said town shall be required to make a return under oath, annually, to the board of tax assessors of said town, of all their property, real and personal, subject to taxation by said town, as of April 1 of each year; and the books for recording same shall be open on April 1 and close on June 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 27. Be it further enacted, That the mayor and council of said town, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said town as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors, which shall not exceed five ($5.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor and council as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said town, for the purpose of taxation by said town, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property

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when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinbefore required, by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said town shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of said notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (a) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and council of said town, Provided said appeal be filed in writing with the clerk of said town within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said town shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property,

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real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Assessments for taxation. (b) The mayor and council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Non-returned property. Section 28. Be it further enacted, That the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear test in the name of the mayor of said town; and the marshal or other police officer of said town, the sheriff, deputy sheriffs, and constables of said State, shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of Georgia Code, 1933, Sections 93-4301 et seq. and 92-4401 et seq. Tax executions. Section 29. Be it further enacted, That all male persons over the age of 21 years and under the age of 50 years, who have resided in the corporate limits of said town for 10 days, and who are not exempted by State law, shall be subject to work on the streets, alleys, and sidewalks within said corporate limits each and every year, not exceeding 10 days each year, or to pay a commutation tax each year in lieu of working said streets, alleys, and sidewalks, not exceeding five ($5.00) dollars each year; and in the event any such person fails to do such work, or to pay such commutation tax as may be fixed by the by-laws and ordinances of said town, after being notified by the marshal or any other police officer of said town, in writing, one day beforehand, to do said work or pay said tax, such person, for

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such refusal or failure, shall be subject to be arrested by the marshal or other police officer of said town, and punished, on such charge being preferred against him in the mayor's court, by being compelled to work on the streets, alleys, and sidewalks of said town not exceeding 30 days, and to pay a fine not exceeding fifteen ($15.00) dollars, and to be imprisoned in the town prison not exceeding 30 days, or being compelled to do one or more or all or any part of these things, for each and every day he so fails and refuses. Street tax. Fines. Section 30. Be it further enacted, That the mayor and council of the Town of Douglasville, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds; drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drink stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kinds of tables; ten-pins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawnbrokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and council shall have power to require registration

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of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said town, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said town; and said town may require the registration of, and payment of license tax on, all such business, etc., as a prerequisite to the right to operate or engage in said business in said town, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said mayor and council shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Licenses and regulation. Classes of business. Section 31. Be it further enacted, That said mayor and council may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of said town. Said mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said town, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation. Unfair competition. Section 32. Be it further enacted, That the mayor and council of said town are hereby authorized to assess, levy

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and collect a sanitary tax and to create and maintain a sanitary department, elect its officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe sanitary regulations for the said Town of Douglasville, and to fix a fee and collect the same against any person, firm or corporation domiciled within the corporate limits of said town for whom the sanitary department may render services. Sanitary tax. Section 33. Be it further enacted, That the mayor and council of said town are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve, a system of sewerage and drains in said Town of Douglasville, and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished by said town are enforced. Sewerage. Section 34. Be it further enacted, That the mayor and council of the Town of Douglasville, created by this Act, shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said town; to put down curbing, cross-drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pages 321-335), providing a method for making improvements in municipalities having a population of 600 or more population, which said Act has been adopted in the manner provided therein, in said Town of Douglasville, is hereby adopted and made a part of this Act, and the mayor and council of the Town of Douglasville, created by this Act, are hereby made the governing

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body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof Street improvements. (a) In all cases where street paving or repairing is contemplated on any street in said town, in which watermains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said town shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extension against the property to which said extensions are made, and in the same manner as assessments for street paving are made and collected. Extensions of mains, pipes, etc. Section 35. Be it further enacted, That the mayor and council of said Town of Douglasville shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said town, and for private use, and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to own and construct dams; and to do anything necessary to maintain the supplying of said public utility service. Utility service powers. Section 36. Be it further enacted, That the mayor and council of said Town of Douglasville shall have full power and authority to regulate and enforce the collection of, and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (a) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, they may provide that the water, electric

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light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place, or premises with water, electric energy, gas, heat, or sewer service, until said arrears, with interest thereon, is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Collection of charges. (b) Said mayor and council shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said town; or to require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, or sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said town, then the said town may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said town, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. Payments. (c) Said mayor and council shall have power to adopt all necessary ordinances to put either method in force in said town, and to change from one method to the other in their discretion, and to adopt such other methods of enforcing said charges as they may deem necessary and proper. Change of methods.

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(d) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said town, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said town, from the operation and provisions of this Act. Other service included. Section 37. Be it further enacted, That said mayor and council are authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said town, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said town as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues, and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said town, the mayor and council may order such building removed or altered; and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued

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and enforced in the same manner that executions for ad valorem taxes are enforced. Regulatory ordinances. Section 38. Be it further enacted, That the mayor and council of said town may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and council, and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of

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certiorari from said board of zoning appeals to the Superior Court of Douglas County. Zoning laws. Section 39. Be it further enacted, That in addition to the power and authority vested in the mayor and council of said Town of Douglasville, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Additional powers. (a) To protect and advance the morals of said town; to secure peace, good order, and quiet in said town; and to protect health of said town, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said town; (b) To create and elect a board of health in said town and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of, contagious, infectious, or dangerous diseases, either in or outside of said town, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (c) To own and regulate cemeteries and parks, either within or without said town, to establish, control, and govern a municipal market in said town; to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said town; (d) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said town; to regulate or prohibit sale and shooting of fireworks and other explosives in said town;

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and to regulate the erection and maintenance of steam boilers and electrical apparatus in said town; (e) To regulate the character of buildings to be erected in said town, and to adopt and enforce building regulations; to require permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same; and to regulate plumbing and electric wiring in structures in said town; (f) To prevent or condemn encroachments or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (g) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said town, on such terms and conditions as said mayor and council may prescribe; and to regulate all public service or utility corporations doing business in said town in any manner not in conflict with State or Federal law; (h) To establish, equip, and maintain a fire department; (i) To define and prohibit nuisances within the corporate limits of said town, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (j) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said town, or any public works of said town, both within and without the corporate limits; (k) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classification; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said

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town; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said town, and to regulate the operation thereof; (l) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (m) To lay out and open new streets and alleys in said town; and to change the grades thereof; (n) To provide a uniform scale of costs of the clerk and police officers of said town for all service in the arrest and prosecution of offenders in the mayor's court, and in the issuance and collection of tax and other executions; and for their collection and payment into the town treasury; (o) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 40. Be it further enacted, That the mayor and council of said Town of Douglasville shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said town; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned

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is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301, et seq. Condemnation powers. Section 41. Be it further enacted, That the mayor and council of said town shall have power and authority to contract debts and issue bonds of said town as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, any other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said town or the citizens thereof, or for any other lawful purpose. Bonds for debts. Section 42. Be it further enacted, That all ordinances now in force in said town, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the mayor and council of the Town of Douglasville, created by this Act. Ordinances of force. Section 43. Be it further enacted, That if for any reason any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity 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. Constitutionality.

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Section 44. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and council of the Town of Douglasville, and the authorities of said town, may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the 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 town; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the 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 restricted. Welfare. Section 45. Be it further enacted, That all Acts of the General Assembly heretofore passed incorporating the Town of Douglasville, and all amendments thereto, and conferring powers on same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts which are inconsistent with and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Acts consolidated. Repeal. Approved March 1, 1937. DUBLIN CITY CHARTER. No. 519. An Act to create a new charter for the City of Dublin, in the County of Laurens and to reincorporate said city and define its territorial limits. To continue in operation, confirm and consolidate all Acts heretofore passed incorporating said city and amending the charter thereof. To provide that all ordinances, rules, regulations and

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resolutions of said city now in force, not in conflict with this Act, be preserved and continued of force and valid and binding until the same are repealed or amended by the mayor and board of aldermen of said city. To declare and consolidate the rights and powers of said incorporation. To prescribe the rights and powers, duties and liabilities and qualifications of all officers and the manner of their election and removal from office. To provide for the retention in office of the present officers of said city until the elections provided for in this charter are held. To provide the manner and time for all elections in said city. To provide for the qualification of all electors or voters therein; and for the registration of the same. To provide for a recorder's court and the trial and punishment therein of all offenders against the laws of said city and the manner of appeal therefrom. To provide for a city chaingang and the working of prisoners therein. To provide for a fire department, a board of health, a water and light commission. A police department and to prescribe the rights, powers, duties and liabilities of the same. To authorize the mayor and board of aldermen to maintain and operate a system of waterworks and sewers and electric light plant. To authorize said city to borrow money and issue bonds and other evidences of debt for public purposes. To provide for public parks and cemeteries. To provide for streets, avenues, lanes, alleys, sidewalks and crossings and for the laying out, opening, grading, working and paving of the same. To provide for the assessment, levy and collection of an ad valorem tax on all property real and personal for general purposes and for paying the principal and interest on the bonded debt of the city. To authorize the assessment and collection of a tax for working the streets of said city. To authorize the taxation and license of all kinds of business, trades, professions, shows, exhibitions and entertainments in said city.

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To provide for the maintenance and supervision of the public schools of said city. To provide for the maintenance of a public library. To provide for the abatement of nuisances. To prohibit the sale of all intoxicating liquors in said city. To prohibit the keeping or storing for illegal purposes of all intoxicating liquors; to provide for search for the same and the seizure and destruction thereof, and the punishment of offenders. To grant encroachment on the streets. To force the connection of all closets, etc., with the sanitary sewers, to provide penalties for failure to do so, and regulate the manner in which the city shall do said work and hold and enforce a lien against the property for the same. To provide for all matters and things necessary, proper or incident to municipal corporation, 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: ARTICLE I ORGANIZATION, BOUNDARIES AND POWERS. Section 1. Consolidation of Previous Laws. From and after the passage of this Act, an Act to create a new charter for the City of Dublin in the County of Laurens and to reincorporate said city and define its territorial limits approved August 15, 1910, as found in Georgia Laws, Acts 1910, page 618, et seq., and all Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with, or at variance with this Act, or any provisions thereof, are hereby expressly repealed, and all laws, or parts of laws, in conflict with this Act be, and the same are hereby repealed. Acts consolidated. Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the inhabitants of the territory hereinafter

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designated be, and they are hereby constituted and continued a body politic and corporate under the name and style of the City of Dublin; and by that name and style shall have perpetual succession with power and authority in and by said corporation to contract and be contracted with, to sue and be sued, to plead and be impleaded in any court of law or equity in this State, or elsewhere as their rights may come in question; shall have and use a common seal; shall be able in law and equity to purchase, have, hold, enjoy, receive, possess and retain, to them, their successors and assigns, for the use and benefit of said City of Dublin, in perpetuity, or for any term of years, any estate or estates, and any and all kinds of property, real and personal, lands, tenements and hereditaments of whatsoever kind or nature, within or without the corporate limits of said city, for corporate purposes. To have and to hold all property now belonging to said city; either in its own name or in the name of others, to the use of said city for the purposes and intents for which the same were given, granted or dedicated; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over all property hereafter acquired; and shall succeed to all the rights and liabilities of the present corporation of the City of Dublin. They shall have the power to borrow money and give evidences of indebtedness for the same, to issue bonds, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, resolutions, ordinances or other orders as they may deem proper; not in conflict with this charter or the Constitution and laws of this State or of the United States. Corporate name and powers. Section 3. Be it further enacted, That the corporate limits of the City of Dublin shall begin at a point on the western bank of the Oconee River at the foot of the bridge and low-water mark, in an easterly direction from the center

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of the courthouse, in the County of Laurens, and State of Georgia, as is now situated, and shall run from the beginning point in a southwesterly direction to where the city limits cross and intersect South Jefferson Street, and thence from South Jefferson Street sixty-six (66) degrees and fifty-five (55) minutes west a distance of twenty-two hundred eighty-five (2285) feet; thence south forty-eight (48) degrees and fifty-five (55) minutes west a distance of twelve hundred forty-nine (1249) feet; thence south forty-three (43) degrees and thirty (30) minutes west a distance of nine hundred and thirty-four (934) feet; thence south ninety-five (95) degrees and twenty-eight (28) minutes west a distance of fifteen hundred and thirty-five (1535) feet; thence north forty-six (46) degrees and thirty (30) minutes west a distance of thirty-nine hundred and fifty-eight (3958) feet; thence north thirteen (13) degrees and thirty (30) minutes west a distance of eleven hundred eighty-three (1183) feet; thence north twenty-six (26) degrees and fifty-five (55) minutes west a distance of 2,336 feet; thence north 7 degrees west a distance of 480 feet; thence north 34 degrees and 4 minutes a distance of 3,955 feet; thence north 37 degrees and 50 minutes west a distance of 10,085 feet; thence north 38 degrees east a distance of 287 feet; thence south 47 degrees and fifteen (15) minutes east a distance of 1,000 feet; thence north 51 degrees east a distance of 3,975 feet; thence north 22 degrees and 30 minutes east a distance of 794 feet; thence south 81 degrees and 30 minutes east a distance of 2,716 feet; thence south 49 degrees and 4 minutes east a distance of 3,384 feet; to the western bank of the Oconee River, in a northeasterly direction from said Laurens County courthouse; thence running southerly direction along the western bank of the Oconee River to a point where a one-mile radius from the center of the courthouse intersects said river; thence in a westerly direction in a curve with the above described radius from the center of the

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courthouse to the intersection with Jefferson Street, the starting point. Territory. Section 4. First Ward. That the first ward shall consist of all that part of the territory of said city lying south of East Jackson Street, south of West Jackson Street, to Monroe Street, east of Monroe Street to Telfair Street, south and east of Telfair Street to city limits. Wards. Second Ward. The second ward shall consist of all that part of the territory of said city lying west of South Monroe Street, Telfair Street north and Lawrence Street south, and south of Jackson Street and Belleview Avenue. Third Ward. The third ward shall consist of all that part of the territory of said city lying north of South Jackson Street, and east of North Jefferson Street. Fourth Ward. The fourth ward shall consist of all that part of territory of said city lying west of North Jefferson Street, and north of West Jackson Street and Belleview Avenue. Section 5. Corporate Powers. The City of Dublin shall have power to: Powers. (a) Acquire property within or without the city, in fee simple or lesser interest or estate, by purchase, gift, device, condemnation, lease or lease with privilege to purchase, for any municipal purpose, and may sell, lease, hold, manage, improve, and control such property as though a natural person, subject to the limitations hereinafter set forth; (b) Furnish all local municipal public service of whatever nature; (c) Purchase, hire, construct, own, maintain, and operate or lease local public utilities, and to acquire, within or without, the corporate limits, property necessary for any such purpose;

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(d) Grant local public utility franchises and regulate the exercise thereof; (e) Establish, lay out, construct, widen, straighten, extend, change, grade, improve and vacate streets, alleys and other public ways, and to establish, improve, maintain and vacate parks, public places and grounds of all kinds; (f) Regulate and control the use for whatever purpose, of the streets and other public places of the city; (g) Assess, levy and collect taxes for general and special purposes on all property, subjects and objects which the city may lawfully pass; (h) Borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city, subject to the limitations hereinafter set out; (i) Appropriate the money of the city for all lawful purposes; (j) License and regulate persons, corporations and associations engaged in any business, occupation, profession or trade, and to require the payment of a license fee, or special tax, thereby in addition to all other taxes; (k) Create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (l) Levy and collect assessments for local improvements; (m) Establish and maintain a fire department with jurisdiction within the City of Dublin, and over all property of the city outside of the limits of Dublin; (n) Establish and maintain a police force with jurisdiction within the city and over all property of the city outside of the limits thereof;

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(o) Make and enforce police, sanitary and similar regulations applicable within the city and to all property of the city outside the limits thereof; (p) Define, prohibit, abate, suppress and prevent, within the city, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, conveniences and welfare of its inhabitants; (q) Make all needful regulations, applicable within and without the city, for securing and preserving the purity of the water supply; (r) Provide for such inspection service within and without the city as may be necessary to secure the purity and wholesomeness of food products sold within said city; (s) Do all things necessary or desirable to secure and promote the public health; (t) Regulate the construction, reconstruction, materials, location, height, maintenance and occupancy of buildings; (u) Devise and employ means for the relief and prevention of poverty and destitution; (v) Pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city or the performance of the functions thereof; (w) Exercise in addition to the powers enumerated in this section, all powers that now are, or hereafter may be, granted to municipalities by the Constitution and laws of the State of Georgia; and all the powers of the city whether express or implied shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the aldermen.

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Section 6. Power to Own and Operate Water Plant. The City of Dublin shall have power and authority to own and operate a water plant and otherwise operate a water business for the sale and distribution to the public, resident in and without the said city. Water business. Section 7. Site for Waterworks. The City of Dublin shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of a system of waterworks, both in and out of the limits of the city, and the City of Dublin shall have full power and authority to condemn property, both in and out of the city limits, for the purpose of constructing and operating, or extending and operating a system of waterworks, and shall likewise have power and authority to condemn property both in and out of the City of Dublin for the purpose of constructing and extending the system of sanitary sewers for the city; Provided, however, that no private property shall thus be taken without compensation being paid, the method and procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Waterworks. Condemnation. Section 8. Municipal Ice and Gas PlantStreet Railroad. That the City of Dublin be given the right, power and authority to construct and operate ice and gas plants, to build and maintain street railroads, within the incorporate limits of the City of Dublin. Gas. Section 9. Power to Do General Plumbing Business. The said City of Dublin shall have power and authority to purchase and sell all plumbing material of whatsoever kind or character and to do any and all sanitary plumbing, either by contract or the employment of laborers. In the event the city should desire to avail itself of the power given in this section, it shall do so by proper ordinance being first passed as other ordinance are now passed. Plumbing.

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Section 10. Power to Do General Electrical Business. The City of Dublin shall have full power and authority to own and operate an electric plant, and electric business; to purchase or sell all electrical supplies, to do a general electrical business, such as wiring buildings by contract, day labor or otherwise; to buy and sell all kinds of electrical supplies or devices. To install by contract or otherwise, all kinds or character of electrical devices, including globes, fans, motors, meters for lighting and for power, or anything else that is usual or customary to be done in connection with such business. Electrical works. Section 11. Execution of Deeds, etc. All deeds, leases, and conveyances to real and personal property, except as in this charter otherwise provided, to be made by the City of Dublin, shall be made and executed in the name of the City of Dublin and shall be signed by the mayor and attested by the clerk, under the corporate seal of said City of Dublin. Conveyances of realty. Section 12. Public Parks. The City of Dublin is hereby authorized to make, keep and maintain public parks, public grounds located either inside or outside of the incorporated limits of said city, and to receive, hold and own the fee simple title or other evidences of title to such real estate and personal property as may be necessary for such parks and public grounds, and to make and enforce all such rules and regulations as may in the discretion of the aldermen be necessary to preserve good order, peace and dignity therein. Parks. Section 13. Park Protection. The mayor and aldermen of the City of Dublin shall have the power and authority to pass all rules and ordinances necessary for the protection and preservation of the city parks and reservations in said city as are now owned by said city, or may hereafter be acquired or created in said city, and any damage or injury done to said park or parks or property thereon located, shall subject the offender to indictment or accusation

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for a misdemeanor and shall be punished as prescribed in the Code of Georgia. Section 14. Public Utilities. All public utilities, franchises and all renewals, extensions and amendments thereof, shall be granted or made only by ordinance. No such proposed ordinance shall be adopted by the mayor and aldermen until it has been printed in full, and until a public written report containing recommendations thereon shall have been made to the aldermen by the mayor, until adequate public hearings shall have been held on such ordinances and until at least two weeks after its official publication in final form; and no public utility franchise shall be for a longer period than twenty years. No public utility franchise shall be transferable except with the approval of the mayor and board of aldermen expressed by ordinance; copies of all transfers and mortgages or other documents affecting the title or use of public utilities shall be filed with the city clerk within ten days after the execution thereof. Any violation of this section shall render said franchise void upon the instance of any taxpayer of said city. Utilities. Section 15. Franchises. All grants, removals, extensions or amendments of public utility franchises, whether it be so provided in the ordinances or not, shall be subject to the right of the city: (A) To repeal the same by ordinance at any time for misuse or nonuse, or failure to begin construction within the time prescribed, or otherwise to comply with the terms prescribed. Franchises subject to ordinances. (B) To require proper and adequate extension of plant and service and maintenance of the plant and fixtures at the highest practical standard of efficiency. (C) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. (D) To prescribe the form of accounts and at any time to examine and audit the accounts and other records of

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any such utility; but if a public service commission or any other authority shall be given the power by law to prescribe the form of accounts for public utilities throughout the State, the form so prescribed shall be controlling so far as they go, but the mayor and board of aldermen may prescribe more detailed forms for the utilities within its jurisdiction. (E) To impose such other regulations as may be conducive to the safety, welfare and accommodation of the public. Section 16. Permits Revoked. Permits revocable at the will of the mayor and aldermen for such minor or temporary public utility privileges as may be specified by general ordinance may be granted and revoked by the mayor and aldermen from time to time in accordance with the terms and conditions to be prescribed thereby; and such permits shall not be deemed to be franchises as the term is used in this charter. Such general ordinance, however, shall be subject to the same procedure as an ordinance granting a franchise and shall not be passed as an emergency measure. Permits revocable. Section 17. Extensions. All the extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable under the same conditions as the original grant. Utility extensions. Section 18. Record of Franchise. Within six months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city

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as may be prescribed by ordinance, certified copies of all the franchises owned or claimed, or under which any such utility is operated. The city shall compile and maintain a public record of all public utility franchises and of all public utility fixtures in the streets and other public places of the city. Records. Section 19. Accounts of Public Utilities Owned by City. Accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete financial results of such city ownership, or ownership and operation, including all assets, liabilities, revenues, and expenses. These accounts shall show the actual cost to the city of each public utility owned; the cost of all extensions, additions and improvements; all expense and maintenance; the amounts set aside for sinking fund purposes; and in the case of city operation, all operating expenses of every description. They shall show as nearly as possible the value of any service furnished to or rendered by any such public utility by or to any other city or governmental department. They shall also show a proper allowance for depreciation, insurance, interest and the investment and estimates of the amount of taxes that would be chargeable against the property if privately owned. The mayor and board of aldermen shall annually cause to be made and printed for public distribution a report showing the financial results of such city ownership and operation, which reports shall give the information specified in this section and such information as the board of aldermen shall deem expedient. This section is hereby made to apply expressly to the waterworks of said city. Accounts of finances. Section 20. Zoning. Be it further enacted, that the mayor and board of aldermen of said city may in the interest of public health, safety, order, convenience, comfort, prosperity

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or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures or for the purpose of regulating the alignment of buildings or other structures near street frontage. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and city aldermen shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, profession, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Said mayor and board of aldermen may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and board of aldermen and to prescribe their powers and duties and are authorized to provide the method of appeal from finding of said zoning commission, and to provide for a board of zoning appeals to be elected by said mayor and board of aldermen to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Laurens County. Zoning powers.

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ARTICLE II. Section 1. Municipal Government. The municipal government of said city shall be vested in a mayor and seven aldermen, to be elected as hereinafter provided; and such other officers as said mayor and aldermen may consider right and proper to elect or appoint as hereinafter provided. That said mayor and aldermen shall constitute the legislative department of said city, and as such shall have full power and authority, from time to time, to make and establish such rules, laws, ordinances, regulations and orders as may to them seem right and proper respecting streets, sidewalks, alleys, lanes, parks, open courts, railroads, street railways, automobiles, bicycles, wharfs, carriages, drays, hacks, cabs, wagons, air ships, livery and sale stables, hitching places, butcher and slaughter pens, markets, public houses, hotels, public boarding houses, sleeping apartments, restaurants, opera houses, theatres, picture shows, dance halls and other places of amusement, bowling alleys, pool and billiard rooms, garages, shops, mills, factories, ginneries, soda fountains, barber shops, telephone, telegraph and express companies, gas, water and light and electric companies, booths, stands, warehouses, tents, and all and every other matter and things whatsoever that may by them be considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for the preserving of the peace, good order and dignity of said government. This enumeration of powers shall not be construed or restricted to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government, and shall not conflict with any special power or authority given said city 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. Legislative powers.

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Section 2. Mayor and AldermenElection of. On the first Monday in December, 1937, and every two years thereafter, there shall be held an election for a mayor and four aldermen, one of whom shall be elected from and to represent each of said four wards, and that on the first Monday in December, 1938, and every two years thereafter, there shall be held an election for three aldermen from the city at large. That said mayor and aldermen so elected shall hold office for a period of two years, and until their successors are elected and qualified. That the present Mayor M. A. Chapman, and the present four aldermen elected from said wards, to wit: P. C. Hutchinson, M. Z. Claxton, Pat Moxley, and Dr. Chas. A. Hodges, shall hold office and discharge the duties thereof until the first day of January, 1938, or until their successors are elected and qualified, and that the three aldermen of the city at large to wit: E. B. Mackey, R. L. Tindon, Dee Sessions, shall hold office and discharge the duties thereof until the first day of January, 1939, or until their successors are elected and qualified, that all other officers elected or appointed by said mayor and board of aldermen in the month of January, 1936, shall hold office and discharge the duties thereof until the first day of January, 1938, and until their successors are elected and qualified unless sooner removed for cause. Mayor and aldermen. Election and terms of office. Section 3. Eligibility of Mayor or Aldermen. Be it further enacted, that any person, a resident of the City of Dublin, and who has been a bona fide resident for twelve months prior to the time of election, and who shall be 25 years of age and a qualified voter of said city, shall be eligible to the office of mayor and aldermen of said City of Dublin. Should the mayor or any alderman during the term of his office, remove from the limits of said city or cease to be a bona fide resident thereof, his office shall thereby become vacant. Eligibility.

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Section 4. Vacancy. Be it further enacted, that in the case of a vacancy in the office of mayor or alderman, from failure to elect, death, removal, or any cause whatever, said vacancy shall be filled by an election ordered by the board of aldermen to take place not more than 60 days from the time such vacancy occurs, under the same rules and regulations that govern other elections in said city. The city clerk shall cause notice of the holding of said election, and the time and purpose thereof, to be published once a week for two weeks prior to said election in the newspapers in which official gazette of said City of Dublin are published. Vacancies in officers. Section 5. Conduct of Elections. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said city, as such place as the board of aldermen shall designate; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit anyone from voting who is by law entitled to vote; said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 8 o'clock A. M. until 5 o'clock P. M., when they shall be closed, and the managers of said election shall proceed to count the ballots and

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consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets; and they shall place both of said lists of voters and both of said tally-sheets; together with the ballots, in an envelope or box, and seal the same, and deposit them with the clerk of the board of aldermen of said city, who shall meet within five days after said election is held, and declare the result thereof. The mayor and board of aldermen of said city are authorized and empowered to adopt such further reasonable rules for the conduct of city elections as they may deem proper. In all elections held for the purpose of authorizing the issuing of bonds by the mayor and aldermen of said city and in all special elections for any purpose whatever, the provisions of this section shall govern. It shall be the duty of the mayor to furnish all necessary material for holding of elections in said city and he shall cause to be published in the official gazette of the City of Dublin the names of the managers of the election to be held ten days prior to said election. It shall be the duty of the mayor to appoint all election managers at least ten days prior to the election. In case of a tie vote between two persons for the same office another election shall be called by the mayor and aldermen to be held within thirty days of the election at which said tie occurred. Elections regulated. Section 6. Eligibility of Voter. Be it further enacted, that no person shall be allowed to vote in said city elections, except he or she be eligible under the provisions of the Constitution of said State to vote for members of the General Assembly from the County of Laurens, and unless he or she shall have bona fide and continuously resided in said City of Dublin as a citizen thereof for six months next preceding said election at which he or she offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 7. Permanent Registration. Be it enacted by the authority aforesaid that there shall be established in the

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City of Dublin created by this Act a permanent registration system of the qualified voters of said city: Registration of voters. (a) Within 30 days after the approval of this Act, the city aldermen shall provide suitable books for the permanent registration of qualified voters of said city. On or near the first page of each such permanent registration books shall be printed or placed the oath prescribed by subsection (c) of this section. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such other data as may be required by the ordinances of said city. Books. (b) The city clerk, and any deputy clerk employed in his office, shall have charge of said registration books, and shall open them for registration of voters within 10 days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which official gazette of said City of Dublin are published. Said city clerk shall keep said books open for registration of qualified voters at all times when his office is open for business, except during the fifteen-day period next preceding the date of any city election. Clerk. (c) Every person, before registering, shall take the following oath, which shall be read by him or to him: I do solemnly swear that I am 21 years of age and possess all qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Laurens, and that I have bona fide and continuously resided in the City of Dublin as

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a citizen thereof for six months (or will have by the time of the next city election). The city clerk or deputy clerk, shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the city clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. Oath. (d) No person registering as herein provided shall be required to again register as a qualified voter of said city, so long as he remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. Permanent registration. (e) Whenever any election is to be held in and for said city, the city clerk shall close said registration books 15 days before said election. The city clerk shall for all intents and purposes of this Act be the registrar. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the city limits, or who have registered less than 15 days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving him with a notice to show cause why his name should not be excluded. Such notice shall state the time and place of the hearing as to his disqualification, and shall be served on each person at least 12 hours before the time of such hearing. Such persons

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shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subp[oelig]na witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare four identical lists of the voters qualified to vote in said election and certify the same. One copy shall be retained, and three copies shall be filed with the city clerk, one of which shall be open to inspection during said clerk's office hours, and the other two shall be safely kept by the city clerk and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least five days before said election. Closing of books. Registrar. Qualification. (f) No person shall be allowed to vote in said election whose name does not appear on the lists certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. Certificate of omission. (g) The mayor and board of aldermen shall have full power to define and provide for the punishment of illegal registration and illegal voting, and, to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the city clerk to act as a registrar or as one of the registrars provided for under this section if they deem proper. Illegal voting. Section 8. Installation of Mayor, etc.; Oath. Be it further enacted, the mayor and board of aldermen elected on the first Monday in December, 1937, shall on the first Monday of January, 1938, be installed in office by taking

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and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or alderman (as the case may be) of the City of Dublin; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill, and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city, and common interest thereof. And on the first Monday of January of each year thereafter the mayor and aldermen elect, or aldermen elect, shall be installed in office by taking and subscribing said oath. Mayor. Oath of office. Section 9. Mayor's Duties, Powers. Be it further enacted, that the mayor shall preside at meetings of the board of aldermen; he shall not be allowed to vote except in the following instances: (1) in cases of tie vote by the aldermen on any question or measure; (2) Said mayor shall have the veto power and may veto any ordinances, orders or resolutions of the city aldermen; in which events the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least five aldermen on a yea and nay vote duly recorded on the minutes; Provided that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the aldermen, together with his reasons for disapproval, within three days after its passage, said measure shall become law as though approved by him. The mayor may approve in writing any measure passed by the board of aldermen, and it shall go into effect immediately. Mayor's duties and powers. Section 10. Be it further enacted, that the mayor shall be the chief executive officer of said city; have general supervision of the affairs of said city; and shall see that the laws of said city are executed, and that the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the chief of police and

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police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise in the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over 18 years of age to aid in suppressing riot and disorder and in enforcing the laws of the said city. Supervisory powers. Section 11. The term of the office of mayor shall be two years, and until his successor is elected and qualified. He shall sign all deeds and contracts except deeds made for property sold at public sale under execution, which shall be signed by the marshal or deputy marshal, and approve all vouchers for the payment of money. Term of office. Section 12. Pardoning Power of Mayor. The mayor of the City of Dublin shall have full power and authority to pardon, suspend, remit, commute, mitigate or otherwise lessen a penalty inflicted on any person for a violation of the ordinances of said city. He shall at the next regular session of the board of aldermen report in writing any such sentence so interfered with. Pardons. Section 13. Aldermen, Terms of Office. The four aldermen to be elected on the first Monday in December, 1937, and every two years thereafter, shall be residents of the ward for which they are respectively elected. And the three aldermen to be elected on the first Monday in December, 1938, and every two years thereafter, elected from the city at large. Aldermen. Section 14. Be it further enacted, that the mayor and aldermen shall have full power to fix the time, place, and rules of procedure of their regular sessions. And the mayor shall have power to convene the city aldermen in special session whenever he deems proper. The mayor and city aldermen shall have full and ample power to do and perform

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any of their duties or powers at a special or call session as at a regular session. Sessions and procedure. Section 15. Be it further enacted, that the aldermen annually at their first meeting, shall elect one of their members as mayor pro tempore, who shall, in the absence, disability or disqualification of the mayor, perform all the duties and exercise all the rights, powers, and privileges of the office of mayor. Mayor pro tem. Section 16. The salary of the mayor shall not exceed $1200.00 per annum; nor that of the mayor pro tem., $400.00 per annum; nor that of any other alderman $400.00 each per annum. All salaries shall be paid monthly. Salaries. Section 17. The police department of said city shall consist of the chief of police, marshal, deputy marshal, and such other officers and men as the mayor and aldermen by ordinance may prescribe. Their term of office shall be for two years, but they may be suspended or discharged for cause by a vote of five members of the city aldermen in regular meeting and with the approval of the mayor. Police officers. Section 18. The mayor and board of aldermen shall elect a chief of the fire department and other officers and men therof, whose term of office shall be for two years, but they may be removed for cause in the same manner as provided in the manner in which police officers may be removed. Firemen. Section 19. There shall be a city treasurer, a city clerk, a city marshal and deputy marshal, a city attorney, a city engineer, and such other officers or agents of the city as the mayor and aldermen may by ordinance prescribe. These officers shall serve for two years and until their successors are elected and qualified, but they may be removed for cause on a vote of five members of the board of aldermen in a regular meeting and approved by the mayor. They

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shall be elected by a majority vote of the board of aldermen. City officers. Section 20. Be it further enacted that the mayor and board of aldermen of said city on the first Monday of January, 1938, and every two years thereafter shall elect a chief of police, marshal, and deputy marshal, chief of the fire department, and such other officers and men as are necessary to maintain a police department and fire department, a city treasurer, a city clerk, a city sexton, a city attorney, a city engineer, and such other officers as are necessary and proper, in their opinion for the conduct and supervision of the various departments of said city and for the good government of said city. Each of said officers shall take such oath, give such bond, and perform such duties as the mayor and board of aldermen may prescribe. At the first meeting of the aldermen they shall fix the salaries of all officers of the city and also the salaries of the mayor, mayor pro tem. and aldermen. Election of officers. Section 21. The power is hereby vested in and conferred upon any and all of the police and arresting officers of said city, in the enforcement of said ordinances, to make arrests or execute warrants or other process of said city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or thing, or offending persons; and all summons, subp[oelig]nas, warrants, and writs issued by authority of said city shall be operative and have full force and effect in said city limits. Arrests. Section 22. Be it further enacted, the chief of police or any other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits or police limits of said city for an offense against the laws and ordinances of said city, upon said person giving a bond, to be approved by the chief of police or mayor of said city, payable to the City of Dublin, conditioned to pay the obligee in said bond an amount fixed

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by the chief of police or mayor of said city, in the event said person arrested does not appeal before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Appearance bonds. Section 23. Recorder's Court. There shall be a recorder's court established by the city, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have the power to enforce its judgment by inflicting such penalties as may be provided by the ordinances; punish witnesses for non-attendance and also punish any person who shall counsel or advise, aid, encourage, or intimidate a witness whose testimony is material or desired before said court, to absent himself or go away or remove beyond the reach of the processes of the court. Said court shall have full jurisdiction throughout the entire County of Laurens and full power and authority for the purpose of compelling the attendance of witnesses before said court, residing anywhere in the said County of Laurens. Said court shall be presided over by the recorder, or in his absence or disability or disqualification, by the mayor or mayor pro tem., and said court shall be held every Monday morning and from day to day, if the same becomes necessary, or at any other time, and as often as may be necessary to try all offenders against the city ordinance. Recorder's powers. Section 24. Recorder, Election of. Be it further enacted, that the mayor and board of aldermen shall elect a city recorder, who shall be at least 25 years of age; and before entering on the duties of his office he shall take an oath before some officer authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability without fear, favor or affection, reward or the hope thereof, and do even justice between the city and the accused. This oath

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shall be entered on the minutes of the mayor and board of aldermen. The recorder may be removed from office by the mayor and board of aldermen, after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of the majority of said mayor and board of aldermen shall be necessary for such conviction and removal. That said recorder, when elected, shall be clothed with all rights, powers and privileges of the mayor as to said recorder's court and shall preside over said court. Election. Section 25. Punitive Powers of Recorder. The recorder or mayor or mayor pro tem. of said city shall have power to impose fines for the violation of any law or ordinance of the City of Dublin to any amount not to exceed two hundred dollars, or to imprison offenders in the city barracks for a period of not more than thirty days or to labor on the public works or streets in the city chaingang for not more than ninety days. He shall also have the same powers as judges of the superior courts of this State to punish for contempt by a fine not to exceed fifty dollars or imprisonment in the city barracks not to exceed fifteen days. He shall be to all intents and purposes as a justice of the peace, so far as to enable him to issue warrants for offenses committed in the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and to try and to commit the offenders to the jail of Laurens county or admit them to bail in bailable cases for their appearance at the next term of the court of a competent jurisdiction to be held in and for said county. Punishments. Section 26. Clerk and Ministerial Officers of Recorder's Court. The chief of police or some member of the police force designated by him, shall attend the sessions of said court and act as clerk thereof, in addition to his other duties; who shall sign and issue all processes, summonses, subp[oelig]nas, attachments, and all other processes issuing out

Page 1798

of said court, all of which shall bear test in the name of the mayor. The ministerial officers of said court shall be the chief of police and the entire police force of said city, any of whom with the exception of the member designated to act as clerk, may execute and return the mandates of said court, and to whom, in the alternative, all mesne and final process shall be directed. The chief of police or some member of the police force, designated by him, shall attend all sessions of said court for the purpose of executing the necessary orders and enforcing the order therein. Court officers. Section 27. Mayor Pro Tem. to Hold Recorder's Court, When. In the absence, sickness or disqualification of the mayor and of the recorder, the mayor pro tem. of said city shall be clothed with all the powers of the mayor and shall hold the recorder's court. The mayor may hold the recorder's court and shall have all the powers of the recorder if said recorder is absent or disqualified. Absence of recorder. Section 28. Powers of Mayor and Aldermen Over Recorder's Court. The mayor and board of aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to secure the efficient and successful administration of the business of this court. Regulations of court. Section 29. Certiorari from Recorder's Court. There shall be no appeal from the judgments or decisions of the recorder's court of the City of Dublin, except by writ of certiorari to the Superior Court of Laurens County. That whenever any person convicted in said court, or his attorney, shall give notice that he intends to apply for a writ of certiorari it shall be the duty of the mayor or the recorder or other officer presiding over said court to suspend said sentence until said certiorari shall have been heard and determined by said Superior Court, or the Court of Appeals, until there is a final determination of said case in the said court of last resort. But no person convicted in said recorder's

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court shall be released from custody until he shall have given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court, for his appearance to carry out and perform said sentence in the event the same is affirmed. Certiorari. Bond. ARTICLE III. Section 1. Be it further enacted that the mayor and aldermen shall have power to control the finances and property of said city, to appropriate money, and to provide for the payment of the debts and expenses of the corporation. Finances. Section 2. Be it further enacted, that the mayor and board of aldermen of said city are hereby authorized and empowered to provide by ordinance for the assessment, levy, and collection of ad valorem taxes not exceeding 15 mills on all property, real and personal, within the corporate limits of said city, and upon all goods, chattels, moneys, and choses in action whose owner resides within the corporate limits of said city, which are subject to taxation by the laws of this State; and upon banking, insurance and other capital employed therein. They shall have power and authority to levy and collect a specific tax on factories, bankers, agents or managers of gift enterprises, and upon all persons exercising within the city a profession, trade, calling or business of any nature whatsoever; Provided said tax is not in conflict with the laws of this state. They shall have power and authority to tax theatrical performances, circuses, street parades, exhibitions or shows of any kind within the corporate limits of the city. They shall also have power and authority to levy and collect a street tax on every person of the city subject to road duty between the ages of 16 and 50 years, provided said street tax shall not exceed the sum of three dollars per annum for each person; and provided further that such person may satisfy the same by working ten days on the streets under the direction of the city authorities; in case of failure to do said work or pay said

Page 1800

street tax, the mayor and board of aldermen may enforce the same by fine, execution or compulsory labor on said streets at their discretion. Taxing powers. Section 3. Dog Tax. The mayor and board of aldermen shall have power and authority to impose and collect a tax upon all dogs within the city 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. Dogs. Section 4. Be it further enacted, that all persons owning property in said city shall be required to make a return under oath, annually to the board of tax assessors of said city, of all their property real and personal, subject to taxation by said city, as of January first of each year; and the books for opening same shall open and close, and the taxes levied annually by the city, including special taxes, street taxes and licenses, shall be due and payable at such time as the mayor and board of aldermen may by ordinance prescribe; and they are hereby authorized and empowered to fix by ordinance the time the same shall become due and payable. Tax returns. Section 5. Tax Assessors, Board of. The value for taxation of all real and personal property in said city subject to taxation shall be determined by three disinterested freeholders of said city, to be elected annually by the mayor and board of aldermen, who shall take an oath to assess all property in said city at a fair market value, to the best of their skill and knowledge. And should they desire to raise or decrease the value of personal or real property from that given in by the taxpayer, they shall give written notice, directed to the person whose taxes they desire to increase or decrease, to be served personally by the marshal or deputy marshal, evidence of which shall be his entry of service thereon, or by mail, of the date, the place and the hour that he may, if he so desires, appear before the board of tax

Page 1801

assessors to offer any objections that he might have to the increase or decrease of the value of personal or real property, before same is presented by the board of tax assessors to the mayor and board of aldermen for ratification, or to be ratified by them. In case any property holder or taxpayer shall be dissatisfied with any assessment so made by assessors, he may appeal to the mayor and board of aldermen, who shall review the same, and whose decision thereon shall be final. Said assessors shall be paid out of the city treasury such compensation for their services as may be fixed by the mayor and board of aldermen, the same not to exceed the sum of three dollars per day to each, for every day actually engaged in said work. Assessments. Section 6. The mayor and board of aldermen shall have the power to issue tax executions against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions and special licenses issued by the City of Dublin or the mayor and the board of aldermen or any and all process for the collection of taxes or money due the City of Dublin shall be signed by the clerk and issued by the clerk of the said mayor and board of aldermen of the City of Dublin. And it shall be the duty of the city marshal or deputy marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds, and other conveyances usual in such cases, and perform such other services as the mayor and aldermen shall by ordinance require. Provided that nothing herein contained shall prevent the mayor and aldermen from consolidating and combining the offices of chief of police and city marshal, and electing the same person to fill both offices. Executions. Section 7. Be it further enacted, that the mayor and board of aldermen of the City of Dublin created by this Act shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses,

Page 1802

dance-halls, skating-rinks, shows and exhibitions of all kinds; drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds, traveling vendors of patent medicine, soaps, notions, and all other articles; also hotels, chain-stores, boarding-houses, auction-houses, restaurants, fish-stands, meat markets, laundries, and billiard, pool and other kinds of tables; ten-pins, shooting-galleries, and bowling-alleys, slot-machines or any games operated by coin-in-slot devices, and all contrivances and devices for carrying on games; also bakeries, dairies, barber-shops, livery-stables, slaughter-houses, tanyards, garage or motor-vehicle repair shops, blacksmith-shops, gins, sawmills, planing-mills; also auctioneers, peddlers, and pawnbrokers; all agents for fire, accident, and life insurance companies, the sale of all sorts of beverages, cigars, and tobacco products; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and board of aldermen shall have power to require registration of, and to assess and collect a license-tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as city ad valorem taxes; and said city may require a registration of and payment of license-tax on all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said mayor and board of aldermen shall have full and complete power to provide by ordinance for classification of all businesses, and to fix the license taxes to be paid by the different classes and businesses, and all other rules and regulations necessary and proper in the premises. License taxes and regulations.

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Section 8. Be it further enacted, that said mayor and board of aldermen may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of said city. Said mayor and board of aldermen are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said city, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation of licenses. Section 9. Be it further enacted, that the said city is hereby authorized to assess, levy, and collect a sanitary tax and such other taxes not herein enumerated which are not in conflict with the laws and Constitution of this State. Sanitary tax. Section 10. Be it further enacted, that the mayor and board of aldermen of said city are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve the system of sewerage and drains in said City of Dublin, and to assess any or all costs of the building, equipment, and maintenance of such sewerage and drains as may hereafter be put in along the streets, alleys, or ways of said city against the real estate abutting on each side of the street, alley, or way, in, on, or under which any sewer line or drains may be placed or constructed. And said mayor and board of aldermen shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purposes as may be just and proper, estimating the total cost of each improvement made, and prorating the cost thereof on the abutting real estate according to its frontage on the streets,

Page 1804

alleys, or way, or portion thereof, in, on, or under which sewer lines or drains may be placed or constructed. It shall be wholly discretionary with said mayor or board of aldermen whether said improvement shall be done or not. Sewers and drains. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and board of aldermen shall have authority to enforce the collection of the amount of any assessment so made for such sewerage or drainage improvements, by execution to be issued by the city clerk against the abutting real estate and against the owner thereof at the date of the ordinance making the assessment; which execution shall be signed by said city clerk and bear test in the name of the mayor, and may be levied by the marshal or deputy marshal of said city upon such real estate; and after advertisement and other proceedings as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest the absolute title in the purchaser, and said marshal or deputy marshal or other police officers shall have full authority to eject the occupants of said property and place the purchaser thereof in possession; Provided, that the detendants shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due, with all costs, shall be paid and collected before the affidavit shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Laurens County and there tried as other cases of illegality are tried. Assessment liens. The lien for such assessments and the executions issued thereon on abutting property for such sewerage or drainage improvements shall have the rank and priority of payment next in point of dignity to liens for city taxes, as provided

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by the Constitution and laws of Georgia. The chief of police of said city shall have power to transfer such executions in writing, and the said transferee shall have all the rights under the same as were had by said city. Priority of lien. Said mayor and board of aldermen shall have authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to improve, etc., the sewerage and drainage systems of said city. Rules. Section 11. Be it further enacted, that the mayor and aldermen shall have full power and authority, in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage of the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, crossdrains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, said mayor and aldermen shall have full power and authority to assess two-thirds of the cost of paving and otherwise improving sidewalks on the real estate abutting on the streets, but only on the side of the street on which the sidewalk is improved; and the City of Dublin is to pay the other one-third of said cost. That said mayor and aldermen shall have full power and authority to assess one-third of the cost of grading, paving, macadamizing, constructing curbing, side-drains, cross-drains, crossings, intersections, and otherwise improving the roadway or street proper, on the real estate abutting on each side of the street improved, so that the real estate abutting on both sides of the street improved shall be assessed two-thirds of the cost thereof, the other one-third to be paid by said city. Said mayor and aldermen shall prescribe by ordinance the work to be done on any street, sidewalk, etc., and the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work of said city; they shall have full power and authority to adopt by ordinance such

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a system of equalizing assessments on real estate for the above purpose and for the amounts set forth, as may be just and proper, estimating the total cost of each improvement made and prorating the costs thereof on the real estate according to its frontage, on the street so improved. It shall be wholly discretionary with the said city authorities whether said improvements shall be made or not. Street improvements. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing the work and making the assessment. Said City of Dublin shall have authority to enforce the collection of the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed and against the owner thereof at the date of the ordinance making the assessment. Said execution shall be signed by said city clerk and bear test in the name of the mayor of said city and may be levied by the marshal or deputy of said city upon such real estate; and after advertisement and other proceedings as in cases of sales for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest the absolute title in the purchaser and said marshal or deputy marshal shall have full authority to eject the occupants of said property and place the purchasers thereof in possession; Provided, that the defendants shall have the right to file an affidavit denying the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, with all costs, shall be paid and collected before the affidavit is received, and the affidavit shall be received for the balance, and the affidavit so received shall be returned to the Superior Court of Laurens County and there tried as other cases of illegality are tried. Assessment liens. Affidavit of illegality. The lien of assessments against abutting real estate for street or sidewalk paving, etc., and the executions issued

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therefor, shall have rank and priority of payment next in point of dignity to liens for city taxes; and the marshal or deputy marshal of said city may transfer said execution in writing, and the transferees thereof have all the rights under the same as were had by said city. Priority of lien. The said mayor and board of aldermen shall have authority to prescribe by ordinance such other rules as may, in their discretion be necessary to grade, pave, macadamize, drain, or curb any of the streets and sidewalks of said city; to enforce by execution the payment of the cost thereof against abutting property owners for the proportionate amounts due by them; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. And said City of Dublin shall have full power to repave or repair any sidewalk, street, or alley or portion of such sidewalk, street, or alley, and such after proceedings as to levying and collection of assessments thereof as in cases of original paving, etc., provided for under this section, whenever in the judgement of the mayor and board of aldermen such repaving or repairs are necessary. And in all cases where street paving or repairing is contemplated on any street in said city, in which watermains, sewers, pipes, or electric wiring conduits are laid, or are to be laid said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line to thereafter avoid the necessity of tearing up or damaging said paving to make house connections and to assess and collect the cost of making such property-line extension against the property to which said extensions are made, and in the same manner as assessments for street paving are made and collected. Authority. Section 12. Be it further enacted, that there shall be established and maintained in the City of Dublin, created by this Act, a system of public schools, to be established, conducted, and maintained as hereinafter prescribed. Schools.

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The public schools of the City of Dublin shall be controlled by a board of education, to be elected by the mayor and board of aldermen, who shall fix the number of said board of education, prescribe their duties, and the terms for which they shall hold office; and by resolutions or ordinances provide for the proper management of said schools. That the present board of education shall be continued and hold office under this charter until their terms of office expire and their successors are elected and qualified. The board of education shall have power and authority to require of each pupil desiring to attend the public schools in said city, a matriculation fee, not exceeding four dollars per annum, said fee to be paid to and disbursed by the treasurer of said board as other public school funds. Board of education. Section 13. Board of EducationElection of Teachers. No member of the board of education of the City of Dublin shall be eligible to vote for any teacher or superintendent of schools in said city, who is related to any applicant for a teacher's or superintendent's place in said schools, or for re-election to a teacher's place in said schools. Teachers. Section 14. School Census. The board of education of the City of Dublin shall prepare and take a census of all the pupils residing in said City of Dublin, annually, after the passage of this Act, who are, under the law, entitled to participate in the State school fund, and furnish a report of the result of said census to the State School Commissioner on or before the first day of February of each year. Be it further enacted, that upon the receipt of the foregoing report of the result of said census, the State School Commissioner shall apportion to said City of Dublin its pro rata share of the State school fund, based upon the result of said annual census, and pay over such pro rata share to the treasurer of the board of education of the City of Dublin. The board may also provide for the admission of children whose parents or guardians reside outside of

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said city, upon payment of such rates of tuition as the board in its [Illegible Text] may provide, and also provide for the admission of children residing outside of the city, also for the admission of such students residing in the city not within school age, upon payment of such rates of tuition as may be prescribed by said board. Census. That the State school fund shall be supplemented by an ad valorem tax not exceeding seven and one-half mills on the dollar, levied by the board of aldermen of the City of Dublin, as follows: The board of education shall each year make an estimate of the amount necessary to be raised that year for additional support of the public schools in said city, and place this estimate before the said board of aldermen; and it shall be their duty when making the annual tax levy for the current expenses of said city to levy a school tax along with other taxes upon all taxable property within the corporate limits of the City of Dublin. School fund and tax. Section 15. Be it further enacted, that the mayor and board of aldermen of said city shall have power and authority to contract debts and issue bonds of said city as the valid obligations of said city, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid and existing debts, establishing, improving, and maintaining a water supply system, a system of lights or electric power, any other public service or utility system, for the erection of school buildings, hospitals, or other public buildings, for the paving or otherwise improving of city streets or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purpose, or for the purpose of paying outstanding bonds due and unpaid. Bond debts. Section 16. Be it further enacted, that the mayor and board of aldermen shall not in any one year collect a tax exceeding six and one-half mills upon all property, both real

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and personal, on the taxable property of said city for the support and maintenance of said public schools. Provided, however, should it be made to appear to the said mayor and board of aldermen that a sum exceeding six and one-half mills shall be needed to support and maintain said public schools, said mayor and board of aldermen shall have authority, and may in their discretion levy and collect an amount not exceeding seven and one-half mills upon all the taxable property both real and personal, for such purposes; and provided further, that should said mayor and board of aldermen levy and collect such amount of seven and one-half mills for public school purposes, said amount in addition to said six and one-half mills, to wit, one mill shall be deducted from the amount of eight and one-half mills allowed for the maintenance and support of said city's general government, thereby reducing the general government expenses from ad valorem levy of eight and one-half mills to seven and one-half mills. Tax rate. Section 17. Be it further enacted, by the authority aforesaid, that the ad valorem tax of fifteen mills authorized by this Act be appropriated by the mayor and board of aldermen of the City of Dublin as follows: to wit, Eight and one-half mills for the support of the government of the City of Dublin, or to pay any appropriation that may be made by the mayor and aldermen of said city; the remaining six and one-half mills to be used for the support and maintenance of the public schools of the City of Dublin, or so much thereof as the mayor and aldermen may deem necessary for the support of said schools. Provided, however, that said mayor and board of aldermen shall have power and authority to levy and collect upon the taxable property within said city, both real and personal, the sum of seven and one-half mills, for the support and maintenance of the public schools, and thereby reduce its levy for the support and maintenance of the general government from eight and one-half mills to seven and one-half mills,

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so that the entire amount of annual ad valorem levy of taxes for said City of Dublin, for both general government and support and maintenance of said public schools, shall at no time exceed the sum of fifteen mills. Ad valorem tax. Section 18. Be it further enacted by the authority aforesaid that a Sinking Fund Bond Commission of the City of Dublin is hereby created to be composed of three members, who shall be freeholders of the City of Dublin, and who shall be nominated and elected as other officers and employees of the City of Dublin are elected by the mayor and aldermen aforesaid. That the present Sinking Fund Bond Commission of the City of Dublin shall be continued and hold office under this charter until their present terms of office expire and their successors are elected and qualified. Sinking-fund commission. Section 19. Said bond commission shall take charge of and receive all money arising from the sale of any city property of the City of Dublin as are now covered by a bond or bond issues, and any other fund arising from budget tax levy, carrying a levy for the purpose of retiring any bond of said city, and any funds now on hand or that may hereafter accumulate for the purpose of retiring the bonded indebtedness of said city; Provided, however, that said bond commission, out of any and all funds collected by it as interest on any of its investments, shall use such proceeds in paying a like amount of interest on outstanding City of Dublin bonds. Functions. Section 20. Said bond commission shall take charge of and receive all moneys from proceeds of sale of any city property of said City of Dublin as are now covered by a bond issue or bond issues, and any other funds arising from budget tax levy carrying a levy for the purpose of retiring any bonds of said city, and any funds now on hand or that may hereafter accumulate for the purpose of retiring the bonded indebtedness of said city. Retirement of bonds.

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Section 21. Said bond commission shall immediately upon their appointment to said office purchase all available bonds of the City of Dublin that they can obtain at a reasonable price, and turn same over to the mayor and aldermen of the city for destruction as provided in the Code of said city. In the event that said bonds aforesaid cannot be bought at a reasonable price said bond commission to invest such funds or residue thereof, in good and approved municipal, State, county bonds or United States securities. Bond purchases. Section 22. That all money and securities now in the hands of said bond commission or which shall hereafter come into the hands of said bond commission shall be and become a sinking fund, to be used for the purpose of retiring outstanding bonds of the City of Dublin, with full authority to said bond commission to use said money or investments in the purchase of outstanding City of Dublin bonds before maturity thereof, Provided such outstanding City of Dublin Bonds can be purchased by said bond commission at reasonable and satisfactory prices. The sinking fund hereby created, being in excess of sinking fund requirements of said city shall be lieu of and substituted for any and all other sinking funds accumulated by the City of Dublin prior to the sale of its light and power plant, and such accumulations by the City of Dublin since the sale of its light and power plant by the levy and collection of tax for the purpose of establishing a sinking fund, and such sinking funds now held by the City of Dublin which have not been turned over to said bond commission, are hereby diverted to the general funds of said city, and shall be used for the purpose of paying off the present outstanding floating indebtedness of said city. Sinking fund. Section 23. Said commission shall remain in office, continuously as long as there are any outstanding City of Dublin bonds. Any vacancy occurring therein, either from death, resignation or otherwise shall be filled by election

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by the mayor and aldermen of said city. Said commission or any member thereof can be removed by the mayor and aldermen of said city for good and sufficient cause, upon charges preferred and sustained as in the case of other officers and employees elected by such mayor and aldermen of said City of Dublin. Tenure of office. Vacancy. Section 24. Each member of said commission, before entering upon the duties of their office shall take and subscribe an oath to well and truly perform their duties to the best of their ability, the same to be recorded upon the minutes of said city, and shall give a good and solvent bond, payable to the City of Dublin, Georgia, in the sum of not less than five thousand dollars, the same to be signed by some good and solvent surety company doing business in this State and to be approved by the clerk of the mayor and aldermen of said city, conditioned for legal and faithful performance of their duties. Oath. Section 25. Any funds aforesaid that may come into the hands of said commission while not invested or used as provided hereinbefore in this Act shall be deposited by said commission in some good and solvent bank or trust company authorized by law to act as trustee or guardian, and said commission is hereby authorized and directed to create such bank or trust company trustees for such funds. Deposit of funds. Section 26. Board of Health. There shall be a board of health to consist of the mayor, a city physician and three citizens of the city, who shall be appointed by the mayor and confirmed by the board of aldermen, and who shall hold office for two years and until their successors are appointed and qualified. The citizens appointed on said board shall hold no other municipal office during their term of office. 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 their office. Said board shall have full power to institute and enforce

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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 exercise absolute power over the subject of quarantine, personal and otherwise, penalties for the violation of which shall be fixed by ordinance of the mayor and board of aldermen. Health board. Section 27. Powers of Board of Health. 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 resolution what may be by said board of health deemed necessary for the preservation of the public health and for the prevention and generation of infectious and contagious diseases. All ordinances of the City of Dublin now in force for the prevention of all things in this section shall have full force and effect until the same are changed either by amendment or otherwise. The mayor and board of aldermen shall by proper ordinances provide for the punishment of offenders against the regulations of the board of health, and the recorder'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 city treasury. Powers and duties. Section 28. Powers and Duties of Board of Health, Continued. Said board of health shall have the supervision of all streets, lanes, alleys, water closets, together with the drainage and sewers of the city. They shall also examine all public buildings and institutions within the city and compel such sanitary regulations therein as they may deem necessary and proper. Said board of health shall make a full report of its actings and doings to the mayor and board of aldermen every quarter, together with such recommendations touching the public welfare as they may see fit and

Page 1815

proper and shall also make such other and further reports from time to time as the mayor and aldermen may require. Three members of said board shall constitute a quorum for the transaction of business, except in times of epidemic, when two members shall have power to act. The record of the proceedings of this board shall be open to public inspection, and shall be filed carefully and kept among the records of the city government. Said board of health shall have power to declare what are infected ports 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 mayor and board of aldermen, as are not in conflict with the constitution and laws of this State or the United States. They shall have power and authority to require all physicians, clergymen, and magistrates to make a report of all births, marriages, and deaths occurring in said city, with which they have professional relations, which reports shall be turned over by said board to the city clerk. That whenever any member of said board shall fail to attend three consecutive meetings of said board without sufficient cause, the chairman shall report the same to the mayor and aldermen who shall have authority to declare his place vacant and fill the same as in the first instance. Section 29. Nuisances, How Abated. The mayor and board of aldermen shall upon the report of the board of health, cause any nuisance likely to endanger the health of the city, or any neighborhood or place to be abated in a summary manner and where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expense of such abatement shall be charged against the party causing the same and payment thereof enforced by fine or imprisonment or both in the discretion of said mayor and board of aldermen. Nuisances.

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Section 30. Drainage. The mayor and board of aldermen shall on the report of the board of health, cause the owner or owners of lots within the city to drain the same or fill the same to the level of the streets or alleys on which said lot or lots front. Also on like report, to cause the owner or owners of cellars holding water, to cause same to be emptied of the water or filled up if necessary, and whenever the owner or owners of any such lot or lots or cellar or cellars shall refuse, or fail after a reasonable notice to him or to his agent or to the tenant in possession of said premises to comply with all the requirements of said mayor and aldermen for the period of twenty days, it shall be law-ful for the mayor and aldermen to cause the same to be done at the owner's expense and for the amount so expended the clerk of the city shall issue an execution against said owner to be collected, from said property, or any other property, belonging to him, and a sale under said execution, by the marshal or deputy marshal shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution and said owners subject to punishment for maintaining a nuisance. Drains, etc. Section 31. Graft Prohibited. No members of any of the board herein provided for shall be interested directly or indirectly in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles paid for out of the public revenues, for which the city becomes responsible. Gifts barred. Section 32. All sales of property under execution in favor of said City of Dublin shall be advertised in the official gazette of said city by the city marshal or deputy marshal and such sales shall be made and conducted in the same manner as sheriff's sales under execution in the County of Laurens. Advertisement of sales. Section 33. Books and Affairs of City to be Audited. It is hereby made the duty of the mayor and board of aldermen

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to employ a competent accountant to examine the books of all officers relative to the affairs of the city, whenever and as often as said mayor and board of aldermen shall consider proper. They shall order at least one examination and report every year, and shall fix the compensation of said accountant for the same. Audit of affairs. Section 34. City Chaingang. The mayor and board of aldermen shall have power and authority to establish, equip and maintain a city chaingang and pass all necessary rules and regulations for the proper management of the same. Chain-gang. Section 35. Election by Mayor and Aldermen. All elections by the mayor and aldermen and all votes for the confirmation of appointees, shall be in public, and shall be conducted as follows: As soon as the names of the candidates or appointees are announced, the clerk shall call the roll and each member of the body shall, as his name is called, vote viva voce, the clerk keeping a correct record of all votes, which shall be entered on the minutes. At the conclusion of the call, the presiding officer shall declare the result. A majority of the whole board shall in all cases, be necessary to elect or confirm, as the case may be. Elections by mayor and aldermen. Section 36. Public Library. The mayor and board of aldermen shall have power and authority to appropriate from such fund as they may prefer, at least one thousand dollars per annum for the support of a free public library. Said library shall be managed and controlled by a board of trustees to be selected by said mayor and board of aldermen, and to consist of such members as said mayor and board of aldermen shall determine. The members of said board now in office shall serve for the full term for which they were elected. The sum herein provided to be appropriated, together with all other appropriations therefor, shall be turned over to be disbursed by said board of trustees, who shall render a full and accurate statement to

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the mayor and board of aldermen by the first day of January of each and every year, showing how and for what said funds have been expended. Public free library. Section 37. City Marshal. It shall be the duty of the city marshal or deputy marshal to levy and collect all executions for taxes or other money due the city; and to advertise and conduct all sales of property under execution or other process, execute deeds, and other conveyances usual in such cases and perform such other services as the mayor and aldermen shall by ordinance require. City Marshal. Section 38. Fire Limits, Power to Establish. Be it further enacted, That the mayor and board of aldermen shall have power and authority to establish and fix fire limits within said city and from time to time in their discretion to extend and enlarge same. When said fire limits are so established it shall not be lawful for anyone to erect therein any building or structure of any material other than brick, stone or other incombustible material, or such other materials as shall be authorized by the mayor and board of aldermen; and should anyone erect or cause to be erected any building or structure other than as above, within said fire limits, the mayor and board of aldermen after giving 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. Section 39. Existing Ordinances Remain in Force. This Act shall not abolish any of the ordinances now of force in said city, except where they may come in conflict with this charter, but shall preserve and continue the same. Ordinances of force. Section 40. 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 31, 1937.

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DUBLIN MAYORREPEALING ACT. No. 49. An Act to amend an Act approved August 15, 1919, incorporating the City of Dublin, and Acts amendatory thereof; to repeal Section 3 of the Act approved August 9, 1911 (Acts 1911, page 1114), amending the charter of the City of Dublin; 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 amending the charter of the City of Dublin, approved August 9, 1911, is hereby amended as follows: Section 1. That from and after the passage of this Act Section 3 of the Act (Ga. Laws, 1911, page 1114) defining the qualifications of mayor of said city and limiting his succession to the office be and the same is hereby repealed. Section 2. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved February 18, 1937. EASTMAN CHARTER. No. 134. A BILL. An Act to create a new charter for the City of Eastman; to consolidate the Acts relating to the rights and powers of said corporation; to enact amendments thereto; 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:

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ARTICLE I. ORGANIZATION, BOUNDARIES AND POWERS. Section 1. Consolidation of Previous Laws. From and after the passage of this Act, and upon the approval of the same by the legally qualified voters of the City of Eastman, as now provided for by law, an Act to create a new charter for the City of Eastman, to consolidate the Acts relating to the rights and powers of said corporation, and for other purposes, approved August 6, 1921, as found in Georgia Laws, 1921, page 883, et seq., and all Acts amendatory thereof, be and the same are hereby consolidated into and superseded by this Act, and all provisions of former Acts inconsistent with, or at variance with this Act, or any provisions thereof, are hereby expressly repealed, and all laws, or parts of laws, in conflict with this Act be, and the same are hereby repealed. Acts consolidated. Section 2. City of Eastman Incorporated. The inhabitants within the territory hereinafter described is hereby created a body corporate under the name of the City of Eastman, in the County of Dodge, and under said name shall have perpetual succession, and is hereby invested with all the rights, powers and privileges incident to municipal corporations; and said city may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make enact and enforce through its mayor and council such ordinances, rules and regulations for the welfare and proper government of said city as its said officers may deem proper, and do all such acts and things not prohibited by law as may be necessary or advisable for the proper conduct and management of the affairs of said municipal corporation. Corporate name. Section 3. Territorial limits. The corporate limits of the City of Eastman shall embrace, and shall include all of the following described territory within the following described boundaries, to wit: Territory.

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Beginning at a point on the southwest side of the public road which is a continuation of Oak Street in said city, leading to Cochran, Georgia, near dividing line between land lots Nos. 10 in the 15th District and 310 in the 16th District of Dodge County, Georgia, where Maple Street of the Northern Heights Addition to City of Eastman intersects the said road and running in a straight line northeastwardly through the last named land lot across said public road and along the northwest side of said Maple Street to the right-of-way of the Southern Railway Company, thence continuing in a straight line through said lot in the same direction and into lot No. 291, thence turning and running in a straight line parallel to and 800 feet northeast of the southwest lines of lots 291, 292 and 293 through said lots 291, 292 and into said lot 293, to the south side of the Eastman and Dublin public road which runs through said lot No. 293, thence turning and running in a southerly direction in a straight line to the southeast line of lot No. 308 in said 16th District at a point located 500 feet northeast of the original south corner of said lot, thence in a southwesterly direction along the southeast land lines of lots Nos. 308 in said 16th District and No. 8 in the 15th District to the southwest side of the Eastman and Chauncey public road, thence in a westerly direction through said lot No. 8 to the southwest line thereof at a point where the dividing line between the lands formerly belonging to Mrs. Estelle Massey and D. M. Roberts touches said southwest line, thence in a northwesterly direction along the said southwest line of said lot No. 8 and the southwest line of lot No. 9 in said 15th District to the west corner of said lot No. 9, thence in a northerly direction through lot No. 10 in said 15th District to the west corner of 10 acres in the form of a square in the east corner of said lot No. 10, thence from said corner in a straight line to the south corner of the lot known as the property of the estate of J. F. Lee, deceased,

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said corner being 200 feet, more or less, from the southwest side of the public road first above mentioned, thence in a straight line in a northwesterly direction along the southwest lines of lots of said J. F. Lee estate, Mrs. Nannie Cooper, Mrs. Gussie Wilkinson, Ruby Mullis and Mrs. Mary Lou Lee Harrell to the west corner of the lot of said Mrs. Mary Lou Lee Harrell, thence at right angles in a northeasterly direction to the southeast side of said public road first above mentioned, thence in a northwesterly direction along the southwest side of said public road to place of beginning. Section 4. Wards. Said city shall be divided into four wards, divided from northwest to southeast by the tracks of the Southern Railway Company, and from northeast to southwest by Fourth Avenue or in a direct line through said Fourth Avenue to the corporate limits on the northeast and southwest; the portion northeast of said Southern Railway and northwest of Fourth Avenue to be known as the First Ward; the portion northeast of the said Southern Railway and southeast of said Fourth Avenue to be known as the Second Ward; the portion southwest of the Southern Railway and northwest of Fourth Avenue to be known as the Third Ward, and that portion southwest of said Southern Railway and southeast of said Fourth Avenue to be known as the Fourth Ward. Wards. Section 5. Corporate Powers. The City of Eastman shall have power to: (a) Acquire property within or without the city, in fee simple or lesser interest or estate, by purchase, gift, device, condemnation, lease or lease with privilege to purchase, for any municipal purpose, and may sell, lease, hold, manage, improve and control such property as though a natural person, subject to the limitations hereinafter set forth; Powers.

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(b) Furnish all local municipal public service of whatever nature; (c) Purchase, hire, construct, own, maintain, and operate or lease local public utilities, and to acquire, within or without, the corporate limits, property necessary for any such purpose; (d) Grant local public utility franchises and regulate the exercise thereof; (e) Establish, lay out, construct, widen, straighten, extend, change, grade, improve and vacate streets, alleys and other public ways, and to establish, improve, maintain and vacate parks, public places and grounds of all kinds; (f) Regulate and control the use for whatever purpose, of the streets and other public places of the city; (g) Assess, levy and collect taxes for general and special purposes on all property, subjects and objects which the city may lawfully pass; (h) Borrow money on the faith and credit of the city by the issue and sale of bonds or notes of the city, subject to the limitations hereinafter set out; (i) Appropriate the money of the city for all lawful purposes; (j) License and regulate persons, corporations and associations engaged in any business, occupation, profession or trade, and to require the payment of a license fee, or special tax, thereby in addition to all other taxes; (k) Create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (l) Levy and collect assessments for local improvements;

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(m) Establish and maintain a fire department with jurisdiction within the City of Eastman, and over all property of the city outside of the limits of Eastman; (n) Establish and maintain a police force with jurisdiction within the city and over all property of the city outside of the limits thereof; (o) Make and enforce police, sanitary and similar regulations applicable within the city and to all property of the city outside the limits thereof; (p) Define, prohibit, abate, suppress and prevent, within the city, all nuisances and causes thereof, and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (q) Make all needful regulations, applicable within and without the city, for securing and preserving the purity of the water supply; (r) Provide for such inspection service within and without the city as may be necessary to secure the purity and wholesomeness of food products sold within said city; (s) Do all things necessary or desirable to secure and promote the public health; (t) Regulate the construction, reconstruction, materials, location, height, maintenance and occupancy of buildings; (u) Devise and employ means for the relief and prevention of poverty and destitution; (v) Pass such ordinances as may be expedient for maintaining and promoting the peace, safety, good government and welfare of the city or the performance of the functions thereof; (w) Exercise in addition to the powers enumerated in this section, all powers that now are, or hereafter may be,

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granted to municipalities by the Constitution and laws of the State of Georgia; and all the powers of the city whether expressed or implied shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 6. Site for Waterworks. The City of Eastman shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of a system of waterworks, both in and out of the limits of the city, and the City of Eastman shall have full power and authority to condemn property, both in and out of the city limits, for the purpose of constructing and operating, or extending and operating a system of waterworks, and shall likewise have power and authority to condemn property both in and out of the City of Eastman for the purpose of constructing and extending the system of sanitary sewers for the city; Provided, however, that no private property shall thus be taken without compensation being paid, the method and procedure for the condemnation of property being the same as now provided by the laws of Georgia in condemnation proceedings. Waterworks. Section 7. Appropriation of Waterworks Income. All income arising from the operation of said waterworks and all the revenue derived therefrom, after paying the necessary operating expenses and the cost of any extension and repairs of said waterworks plant, is hereby appropriated to the payment of the principal and interest of the bonds issued for the purpose of raising money with which to purchase said waterworks, if any such bonds should be issued, and the mayor and council shall never have power to appropriate or use any of said funds for any purpose other than herein specified until the said bonds shall be retired and paid off, or unless there be in existence no bonds of such character. Income.

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Section 8. Execution of Deeds, Etc. All deeds, leases, and conveyances to real and personal property, except as in this charter otherwise provided, to be made by the City of Eastman, shall be made and executed in the name of the City of Eastman and shall be signed by the mayor and attested by the clerk, under the corporate seal of said City of Eastman. Conveyances of property. Section 9. Public Parks. The City of Eastman is hereby authorized to make, keep and maintain public parks, public grounds located outside of the incorporated limits of said city, and to receive, hold and own the fee simple title to such real estate and personal property as may be necessary for such parks and public grounds, and to make and enforce all such rules and regulations as may in the discretion of the council be necessary to preserve good order, peace and dignity therein. Parks. Section 10. Park Protection. The mayor and council of the City of Eastman shall have the power and authority to pass all rules and ordinances necessary for the protection and preservation of the City Park near the depot of the Southern Railway Company in said city, and all other parks or reservations in said city, or may hereafter be acquired or created in said city, and any damage or injury done to said park or parks or property thereon located, shall subject the offender to indictment or accusation for a misdemeanor and shall be punished as prescribed in the Code of Georgia. Preservation. Section 11. Public Utilities. All public utilities, franchises and all renewals, extensions and amendments thereof, shall be granted or made only by ordinance. No such proposed ordinance shall be adopted by the mayor and council until it has been printed in full, and until a public written report containing recommendations thereon shall have been made to the council by the mayor, until adequate public hearings shall have been held on such ordinances and until

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at least two weeks after its official publication in final form; and no public utility franchise shall be for a longer period than 20 years. No public utility franchise shall be transferable except with the approval of the mayor and council expressed by ordinance; copies of all transfers and mortgages or other documents affecting the title or use of public utilities shall be filed with the city clerk within 10 days after the execution thereof. Any violation of this section shall render said franchise void upon the instance of any taxpayer of said city. Utilities. Section 12. Franchises. All grants, removals, extensions or amendments of public utility franchises, whether it be so provided in the ordinances or not, shall be subject to the right of the city: Franchises subject to regulation. (A) To repeal the same by ordinance at any time for misuse or nonuse, or failure to begin construction within the time prescribed, or otherwise to comply with the terms prescribed. (B) To require proper and adequate extension of plant and service and maintenance of the plant and fixtures at the highest practical standard of efficiency. (C) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. (D) To prescribe the form of accounts and at any time to examine and audit the accounts and other records of any such utility; but if a public service commission or any other authority shall be given the power by law to prescribe the forms of accounts for public utilities throughout the State, the forms so prescribed shall be controlling so far as they go, but the mayor and council may prescribe more detailed forms for the utilities within its jurisdiction.

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(E) To impose such other regulations as may be conducive to the safety, welfare and accommodation of the public. Section 13. Permits Revoked. Permits revocable at the will of the mayor and council for such minor or temporary public utility privileges as may be specified by general ordinance may be granted and revoked by the mayor and council from time to time in accordance with the terms and conditions to be prescribed thereby; and such permits shall not be deemed to be franchises as the term is used in this charter. Such general ordinance, however, shall be subject to the same procedure as an ordinance granting a franchise and shall not be passed as an emergency measure. Permits revocable. Section 14. Extensions. All the extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable under the same conditions as the original grant. Extensions of utilities. Section 15. Record of Franchise. Within six months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city as may be prescribed by ordinance, certified copies of all the franchises owned or claimed, or under which any such utility is operated. The city shall compile and maintain a public record of all public utility franchises and of all public utility fixtures in the streets and other public places of the city. Record. Section 16. Accounts of Public Utilities Owned by City. Accounts shall be kept for each public utility owned or operated

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by the city, distinct from other city accounts, and in such manner as to show the true and complete financial results of such city ownership, or ownership and operation, including all assets, liabilities, revenues and expenses. These accounts shall show the actual cost to the city of each public utility owned; the cost of all extensions, additions and improvements; all expenses and maintenance; the amounts set aside for sinking fund purposes; and in the case of city operation, all operating expenses of every description. They shall show as nearly as possible the value of any service furnished to or rendered by any such public utility by or to any other city or governmental department. They shall also show a proper allowance for depreciation, insurance, interest and the investment and estimates of the amount of taxes that would be chargeable against the property if privately owned. The mayor and council shall annually cause to be made and printed for public distribution a report showing the financial results of such city ownership or ownership and operation, which reports shall give the information specified in this section and such information as the council shall deem expedient. This section is hereby made to apply expressly to the waterworks of said city. Accounts to be kept. ARTICLE II. OFFICERS. Section 1. Mayor and Council. The municipal government of said city shall be vested in a mayor and five councilmen, each of whom shall be elected by the registered qualified voters of said city, and shall hold office for a period of one year and until their successors are elected and qualified. The officers who shall be elected for the year 1937, shall hold office until January 1, 1938, and thereafter the duly elected mayor and councilmen shall hold office until January 1 of each year, or until their successors are elected and qualified. Election and term.

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Section 2. Qualifications. A person shall not be eligible to the office of mayor or councilman unless he shall be 25 years of age or over; is resident of said city for at least 12 months prior to his election; and is a registered qualified voter of said city. Eligibility. Section 3. Oath of Mayor and Councilmen. At the next regular meeting of the mayor and council of the City of Eastman, or as soon thereafter as practicable, the newly elected mayor and councilmen shall appear and subscribe to the following oath before some officer authorized by law to administer oaths: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman) of the City of Eastman during my continuation in office, and faithfully and diligently enforce the laws of said city and State, and, to the best of my ability, advance the interests of said city, and discharge the duties of my office without partiality or favor; so help me God. Oath. Section 4. Executive Powers of Mayor. The mayor shall be the chief executive officer of said city. It shall be his duty to preside at all meetings of the city council; to see that all proceedings are conducted in a parliamentary manner; to preserve order and decorum at all meetings of the council, whether regular or called, and to that end is hereby authorized to punish any person guilty of contempt before said council by imposing such penalty as may be authorized for violations of the municipal ordinances, and to require the policemen of said city to enforce the same as in other cases; to see that all laws, ordinances, rules, regulations and resolutions of said city or the council are faithfully and fully executed and enforced; to appoint and be an ex-officio member of all committees; to see that the officers of said city shall faithfully perform the duties required of them; to see that all municipal and State laws are enforced within the limits of said city; to carefully

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audit the finances of said city and see that all funds are properly accounted for, and that all revenues are properly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient; to inspect the records and books of accounts of the officers of said city and see that they are properly and correctly kept; to require such reports made by such officers to the council as he may see proper; to see that order is maintained in said city, and that its property and effects are preserved. Said mayor shall exercise general supervision and jurisdiction over the affairs of said city; he shall have authority to convene the council in extra session as frequently as he may deem proper; to suspend without pay for a period not exceeding 30 days any officer of said city failing to comply with any order of his, or to enforce or execute any law or laws or rule or regulation of said city or any requirement of the council; to exercise the function of a committing court; to punish for contempt before the mayor's court or the council by inflicting such penalty or penalties as may be authorized by the violation of municipal ordinances; to appoint such special police officers as he may see fit; to bind said city by signing any contract or other matter entered into or authorized by the city council, and to do such other acts and things as may be proper and necessary in the proper conduct of the affairs of said city, and as may be herein further authorized. Powers of mayor. Section 5. Vote and Veto of Mayor. The mayor shall not vote at council meetings on any question except in case of a tie, and no ordinance or resolution by the city council shall become effective until the same shall have been approved by the mayor, unless the mayor shall file within three days from its passage with the city clerk his reasons for refusing or not approving the same. Upon the mayor so filing his reasons for not approving the same, a meeting of the mayor and council shall be called for such time as

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may be requested by a majority of the council before which the clerk shall read the order of the mayor refusing to approve such ordinance or resolution, which may then be passed without the approval of the mayor upon a majority of the members of the council voting therefor. In the event no special meeting is called, the clerk shall read the order refusing to approve any ordinance or resolution before the next regular meeting of the council which may be then passed as above provided. Mayor's vote and veto. Section 6. Duties of Councilmen. It shall be the duty of the councilmen to faithfully and diligently discharge such duties as are usual to such office; to attend all regular and special meetings of the council; to faithfully and diligently look after the affairs of said city and faithfully and attentively perform such services as they may be required to do by the mayor of said city on committees and otherwise. Duties and powers. Section 7. Corporate Powers of Council. The mayor and council shall have the right and power to pass all such ordinances, by-laws, rules and regulations as may, in their discretion, be necessary to carry out and enforce the authority granted under this charter, and as they may think necessary for the good order, peace, health, prosperity, comfort and security of said city and the inhabitants thereof; to adopt such rules and regulations for the government of the city council and office of said city as may be deemed advisable; to prohibit the commission of any character of disorderly conduct within said city; to regulate the speed and running of locomotives within said city; to provide against obstructions in or on the streets, sidewalks, alleys, lanes, etc., of said city, and to have full and complete control of all such streets, sidewalks, etc.; to prevent trash being thrown thereon or any class of merchandise or other thing or article being placed thereon; to provide for the police officers or mayor of said city calling

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upon any citizen of said city to aid in the enforcement of the laws thereof, or in effecting an arrest therein and provide for the punishment of any person failing or refusing to lend such aid; to regulate all classes and species of traffic and trade, shows, performance or what not within the corporate limits of said city; to regulate the speed of automobiles or other means of conveyance; to prohibit the maintenance of any nuisance; to provide for the trial and punishment in the mayor's court of said persons engaged in gambling therein; to suppress rowdy and disorderly houses, gambling dens, houses of ill fame and to prohibit the sale or exhibition of any obscene or immoral publications, prints or illustrations within said city; to require all residents within said city to keep around their premises and places of business in a healthy, clean, sightly, condition and free from trash; to take such action as may be necessary to prevent the introduction or spread of contagious diseases; to remove or cause to be removed all buildings, porches, steps, fences or other obstructions in the sidewalks or streets; to regulate and control all drays, wagons, carts, and trucks owned, kept or used in said city; to fill up or cause to be filled up all pits, cellars, wells or other excavations in said city; to require the ditching of any lot or place where it may appear necessary; to provide for the issuance of summonses to parties to appear for trial before the mayor's court and punishment as for contempt for any such person failing to appear, and to provide for the issuance of all such other writs, processes, summonses and subp[oelig]nas as it may see fit, with like penalty; to regulate all manner of sports and games engaged in within the limits of said city; to prohibit cruelty to animals within the limits of said city; to prescribe such rules and regulations with respect to engaging in any business or calling within said city and with respect to obtaining a special license as it may see fit; to enact what is commonly known as a curfew law in and for said city; to prescribe the duties of the clerk,

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treasurer, chief of police and other officers of said city and provide a penalty for failure to perform the same; to exercise all the rights, powers and privileges that may be exercised by any municipal government of this State under the general police power of such municipalities, and to provide for the trial and punishment in the mayor's court of said city of persons violating any ordinance, rule or by-law authorized by this charter by the punishment hereinbefore authorized to be inflicted by said mayor's court. Section 8. Record Vote. On all questions of finance which shall come before the mayor and council a record of the aye and nay vote shall be made and spread upon the minutes of the mayor and council. Record of vote. Section 9. Mayor Pro Tem. Said city council shall have the right to elect a mayor pro tem. from their body, who, in the absence, disqualification or disability of the mayor, shall have such authority as is herein vested and be required to perform such services as are herein required of the mayor. In the absence of both the mayor and mayor pro tem., the members of the council shall appoint some member of their body to act in the stead of the mayor during such time, and said person shall have all the authority of the mayor during such time as he may be thus acting. Mayor pro tem. Section 10. Municipal Officers. Said mayor and council shall be authorized to employ such police officers as they may see fit for the proper police protection of said city, which officers shall be known and designated as policemen or as may be provided by ordinance, and who shall be elected for such term not exceeding 12 months as the mayor and council may see fit, and who shall receive such compensation as may be fixed by the council, and any one of whom shall be clothed with such authority as may hereinafter be conferred upon the chief of police, and who shall be directly responsible and accountable to the mayor of

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said city and subject to his orders; to elect a clerk and treasurer, one person being hereby made eligible to fill both places, to fix his duties, compensation and term of office not exceeding one year, any one or all of which officers shall be subject to removal at the will of the mayor and council without notice and without trial, and without the right to receive any further pay. The mayor and council shall be further authorized to employ such help as may be necessary to the proper conduct of the several city enterprises, who shall receive such compensation as may be fixed by the council, and who shall be subject to removal without notice, and to employ and appoint such other officers as may be hereinafter provided, or as the mayor and council may see fit. City officers. Section 11. Salaries of Mayor and Council. The mayor and council shall have the right to fix such salaries for the mayor and councilmen as it shall see fit, which salaries shall not be increased or diminished during their continuance in office, said salaries to be fixed at the first regular meeting in January of each year, providing that the maximum salary that shall be paid to the mayor shall be three hundred ($300.00) per annum, and the maximum salary that shall be paid to each member of council shall be one ($1.00) dollar for each regular meeting attended for each councilman. Salaries. Section 12. Meetings of Council. Meetings of the mayor and council shall be held at such times and places as may be by the mayor and council determined. Four members, including the mayor, shall constitute a quorum. The mayor and council may provide such rules and regulations with respect to its ordinances and resolutions becoming effective, not inconsistent with the provisions thereof, as it sees proper. Said meetings shall always be open to the general public, except that executive sessions may be held when desirable. Council meetings.

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Section 13. Duties of Clerk. In addition to such duties as may be prescribed by the council, it shall be the duty of the clerk to attend all meetings of the mayor and council, keep a careful and accurate record of its proceedings, including a record of the yea and nay votes on all questions before the mayor and council; keep an accurate set of books showing in detail all items of income and expense of said city, present to the mayor and council monthly a detailed statement of the financial condition of said city, carefully collect all revenues due said city from whatever source, the said clerk and his bondsmen being hereby made responsible for any sum that he shall fail to collect through omission or negligence; furnish to the mayor or to the council such information as may be requested by either, open his books at any time to any citizen of said city requesting to see the same, and perform such other duties as may be required of him by the mayor or by the council. Clerk's duties. Section 14. Publication of Reports. The mayor and council are hereby charged with the duty of publishing in the official organ of said city at the close of each month a statement showing the receipts and in detail disbursements of said city for the preceding month, together with a statement of all indebtedness incurred during said month and not paid. The mayor and council shall also publish in the official organ of said city the official audit in full once a year, as made by the auditor of said city. The failure to promptly publish the monthly reports and audit as set forth in this section on the part of the mayor and councilmen shall be official misconduct and shall be a ground of removal from office, and they shall forfeit all claim to their offices and be removed by proper proceedings brought in Dodge Superior Court. Monthly reports. Prompt publication. Section 15. Auditor. The fiscal year of said city shall begin on January 1 of each year and end on December 31 of each year, provided that the first fiscal year under this

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charter shall end on December 31, 1937. At the close of each fiscal year all of the books of said city shall be audited by a competent and efficient auditor, who shall be appointed by the judge of the Superior Court of the Oconee Judicial Circuit, and the expense thereof shall be paid by the city. Said judge is charged with the duty of selecting an efficient auditor as cheaply as possible under all circumstances. Audit of books. Section 16. Disbursements of City Funds. The funds of said city shall be paid out only upon vouchers drawn by the clerk upon the treasurer and countersigned by the mayor, and no amount shall be paid out for any purpose whatever until the voucher or check drawn for such purpose shall have been countersigned by the mayor, the treasurer and his bondsmen being hereby made responsible for any funds paid out in a manner other than as herein provided. Payments. Section 17. City Attorney. The mayor and council mav in its discretion elect a city attorney, whose duty it shall be to draft such ordinances as may be required by the council, attend such meetings of the council as may be required; prosecute offenders before the mayor's court when requested by the mayor or directed by the council, and perform such other duties as may be required by the council, the compensation of such attorney to be such as may be fixed by the council. Attorney of city. Section 18. Tax Assessors. On or before the first meeting in February of each year the mayor and council shall elect three of the most upright and intelligent freeholders of said city as city tax assessors. Said assessors or either of them shall hold office not exceeding one year, or such time as may be prescribed by the mayor and council. Should a vacancy occur in said board at any time for any reason, the same may be immediately filled by the mayor and council. Should any member of said board of tax assessors refuse or fail to serve or fail or neglect to do his duty, of which the mayor and council shall be the exclusive

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judge, he may be removed in the discretion of the mayor and council. 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 some other person authorized to administer oaths, subscribe to the following oath: We do solemnly swear that we will faithfully perform the duties of the office of tax assessors for the City of Eastman without favor to any one, and will make a just and true valuation at its full, fair market value, of all property therein subject to taxation as provided in the charter and ordinances of said city; so help us God. Said three persons, one of whom shall be by their number designated as chairman, shall constitute the board of tax assessors for said city for the time they may be elected. Said assessors shall receive such compensation as may be provided by the mayor and council. Board of tax-assessors. Oath. Section 19. Eligibility of Councilmen. No person shall be eligible as a member of the council unless he be of the age of 25 years or more, qualified to be an elector of the city, and who shall have resided in the city for two years immediately preceding his election. Eligibility. Section 20. Interest in Contracts Prohibited. No member of the council, nor any officer or agent of the City of Eastman shall be interested either directly or indirectly in any contract made with the city, nor shall any person related with any member of the council or mayor within the third degree by blood or consanguinity sell, or attempt to sell, any article to said city; Provided that this section shall not apply to contracts of one hundred ($100.00) dollars or more let upon public competitive bidding. A violation of this section is hereby made a misdemeanor and punishable as such. Interest barred. Section 21. Real Property of City Not to Be Sold. No real estate, including the city's waterworks, belonging to the city, shall ever be sold by the mayor and council,

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unless and until authorized by the voters of the City of Eastman at an election called for that purpose. In such election it shall be necessary that a majority of the electors vote in such election and that two-thirds of those voting shall be in favor of such sale. Provided, however, such election shall not be necessary in cases of sales of property bought in by the city at tax sales or sales for paving assessments. Sale of city property. Section 22. Official Organ. It shall be the duty of the mayor and council, by proper ordinance, upon the effect of this Act to designate some newspaper having a general circulation in the City of Eastman, as the official organ of said city, and thereafter on the first meeting in January of each succeeding year, they shall make such designation. In determining which newspaper shall be the official organ, the mayor and council shall take into consideration the circulation and general character and quality of said newspaper and the prices to be charged for the services rendered. Newspaper as official organ. Section 23. Mayor's Court. There shall be a Mayor's Court established for the City of Eastman which shall have jurisdiction to try offenses against the laws and ordinances of the City of Eastman committed within the limits of said city. Said court shall also have power to enforce its judgment by the infliction of such penalties as may be provided by law; to punish witnesses for non-attendance, and also any person who shall counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of the same. Said court shall be presided over by the mayor, or in his absence or disability, by the mayor pro tem., or in the absence or disability of the mayor pro tem., by any other member of the council as shall be designated by the mayor and council. Court for trial of offenses. Section 24. Powers. The mayor shall have power to impose fines for the violation of any law or ordinance of

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the city passed in accordance with its charter to an amount not exceeding two hundred ($200.00) dollars, by confinement in the chaingang of said city for a term of not more than six months, or by confinement in the guardhouse or jail of said city, or the county jail of Dodge County, for a term of not more than 90 days, either or all in the discretion of said mayor; and for all persons convicted in said court who are punished by confinement in the Dodge County jail such fees are to be paid to said county for the board of said prisoners as are paid by said county to the sheriff or jailer of said county. Said mayor shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of twenty-five ($25.00) dollars, or imprisonment in the guardhouse or jail of said city, or the county jail of Dodge County for a period not exceeding 10 days, he being hereby expressly given the authority to punish for contempts. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the jurisdiction of said city, which warrants may be executed by any member of the police department of the city, and to commit the offenders to the jail of the County of Dodge or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in and for said county; Provided that in misdemeanor cases they shall be committed to the City Court of Eastman, or be required to give bond for their appearance at said City Court of Eastman, so long as such City Court exists. Court's powers. Section 25. Certiorari. The right of certiorari from the decision and judgment of the mayor shall exist in all criminal cases and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Dodge County upon a petition in writing to said judge, to be presented within 10 days after the rendition of the decision or judgment complained of and not thereafter. Such petition

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shall state the grounds of complaint and shall contain a brief of the evidence had on the trial and shall be duly sworn to. If, upon examination, the judge shall consider the petitioner entitled to the writ of certiorari it shall be his duty to cause such writ to be issued and served on the mayor, as in other cases under the laws of this State, requiring him to certify and send up to the Superior Court a complete and accurate history of the case as his answer thereto, which shall be subject to correction and traverse as provided in the Code of this State. The judge at chambers, or in term time, may hear and determine such traverse as well as the certiorari upon which it is based, after 10 days' notice to each party, and then may affirm or reverse the decision of the mayor; Provided, however, that no writ shall be granted until the accused shall have paid all costs to the city clerk and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and give good and sufficient bond and security, payable to the City of Eastman, conditioned to answer the judgment of the court, or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and give the bond aforesaid. If the writ of certiorari is granted, the judgment of the Mayor's Court shall be suspended until the judge of the Superior Court shall finally pass upon the case. The clerk shall attend all sessions of the Mayor's Court and act as clerk thereof. Said clerk shall sign and issue all processes, summonses and all attachments, etc., issuing out of said court, all of which shall bear test in the name of the mayor. Said clerk shall keep all records of said court, receive all fines imposed by said court and account for the same as may be prescribed by the mayor and council. The police officers of said court shall be the chief of police and all members of said police force of said city, any of whom may execute the mandates of said court and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of

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police, or one of the members of the police force, shall attend each session of said court for the purpose of executing the necessary orders thereof. Certiorari. Clerk's duties. Section 26. Sessions. There shall be a weekly session of said court, to be held on such day as the mayor may fix, but said court shall be open for trial of cases over which it has jurisdiction at all times. Court sessions. Section 27. Regulations. The council shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Administration. Section 28. Power to Suspend Sentences. The council may, in their discretion, provide by ordinance that the mayor pro tem. shall be authorized to suspend the sentence of any prisoner carried before the Mayor's Court for a violation of any city ordinance, law or regulation, until such person shall have an opportunity to appeal to the council and lay before that body a statement of the facts in his case, the said council to have the power after a full hearing of said case to commute, remit or suspend said sentence. If such an ordinance should be adopted every appeal from the Mayor's Court to the council shall be in writing, and shall be sworn to by the appellant. Suspension of sentences. ARTICLE III. ELECTIONS Section 1. Electors. Every person who is qualified and registered to vote for members of the General Assembly in Dodge County, who has resided in said city for a period of three months next preceding the election, and who has signed the Voters' Book of said city, is hereby made a registered qualified voter of the City of Eastman. Registered voters. Section 2. Voters' Book. After the passage, approval and ratification of this Act, the city clerk shall open a book,

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or books, to be designated as Voters' Book. Said book shall contain on the top of each page thereof the following oath, to wit: I do swear, or affirm, that I am registered and qualified to vote for members of the General Assembly in the County of Dodge; that I have resided in the City of Eastman for the past three months, or will have done so by the time of the next election of said city and that I am not disfranchised from voting by reason of any offense committed by me against the laws of the State of Georgia. I further swear, or affirm, that the ward, street and street number set opposite my name in the Voters' Book is my true place of residence, and that the statement opposite my name in this Voters' Book as to age and occupation and color are true, so help me God. Voters' book. Oath. Section 3. Registration. The clerk shall always keep such Voters' Book open for signatures at his office at any and all times when his office is open for the payment of taxes, or other business. The clerk is authorized and empowered to take charge of said book and administer said oath. When the signature of any person is not clearly legible, the officer in charge of said book shall, at the time said signature is made, write out the same in clear, legible letters opposite said signature. Any person desiring to be registered as a voter, and qualified to register as hereinbefore provided, may apply to said clerk, and after reading said oath, or having the same read to him, shall subscribe the same by writing his name in such Voters' Book underneath the printed oath above described; a memorandum of the ward (giving the name of the street and the number of his residence, if any, his age and occupation), in which affiant lives, being first made by the officer in charge of the book, or by the affiant opposite the place of signature of affiant, and when affiant is not 21 years of age at the time of taking the oath, a similar entry or memorandum shall, in like manner, be made showing the date in that year when he will reach the age of 21 years; and when the

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affiant has not resided in the State one year, or in the county six months, or in the city three months, at the date of taking the oath, a similar entry or memorandum shall be made showing the date in that year when he will have resided in the State one year, in the county six months, and in the city three months. Upon the request of the applicant, or in any case in the discretion of the officer in charge of said book, such officer shall read or repeat said oath distinctly to the applicant, and if the applicant cannot sign his name, said officer shall sign for affiant, the applicant making his mark thereto. The signature so made in said book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memorandum or entries opposite to his signature. For the purpose of more easily identifying the voter, the officer in charge of the Voters' Book shall note thereon, in connection with each signature the race of the person signing and the date of the signing. Any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State and the act of signing said Voters' Book, shall in any prosecution hereunder be held and deemed equivalent to taking the oath therein printed. Twenty days before any election the clerk shall close the registration book for that election. Clerk's duty as to registration. Section 4. Registrars and Election Managers. At the first meeting in January of each year the city council shall elect three freeholders, who shall be registered qualified voters of said city, to prepare a list of the registered qualified voters for each election to be held in said city, and to manage and hold said elections. Their compensation shall be fixed by the council, and shall not exceed the sum of two ($2.00) dollars per day each. Registrars and election managers. Section 5. Preparation of List of Voters. The city clerk, after closing the Voters' Book as herein provided

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for, shall immediately turn the same over to the registrars who shall prepare therefrom a true and correct list of the voters of said city who are registered and qualified to vote in said election. Any person who has signed said Voters' Book and is found to be disqualified by said registrars shall be given notice by mail by said registrars of this fact and of the further fact that a hearing will be given such person as to his disqualification, naming the time and place of such hearing. If it be determined by said registrars at such hearing that such person is in truth and in fact qualified, his name shall be placed on the list of the registered and qualified voters of said city for said election. Lists of voters. Section 6. List of Voters. Said registrars shall complete said list at least 10 days before said election, shall retain one copy thereof for holding said election, shall file one copy with the clerk of Dodge Superior Court, and a third copy with the clerk of said city 10 days before said election, all of which said copies so filed shall be open for public inspection. Section 7. Election for Mayor and Councilmen. The election for mayor and councilmen of the City of Eastman shall be held on the first Wednesday in December of each year at the city hall. The polls shall open promptly at eight o'clock A. M., and shall close promptly at five o'clock P. M. Election time. Section 8. The registrars and election managers herein provided for shall hold said elections, and after the polls have closed, shall proceed to count the ballots cast and declare the result. The ballots, tally sheets and other election papers shall remain over night under seal in charge of said managers and shall be delivered by said election managers on the day following each election to the clerk of Dodge Superior Court, there to remain until the adjournment of the next term of Dodge Superior Court following said election, at which time they shall be destroyed by said

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clerk, unless there are proceedings pending in which said election papers might be used as evidence, and in which event said clerk shall wait until said proceedings are finally terminated before destroying said papers. Ballots, etc. Section 9. Voting Without Registering. No person shall be allowed to vote at any city election in the City of Eastman, or in any primary election for the nomination of candidates, for mayor and councilmen, or any other city election, who is not a registered qualified voter of said city. Any person voting in any such election, or any such primary or general election without being a registered qualified voter of said city, shall be guilty of a misdemeanor and upon conviction shall be punished therefor as prescribed by the Code of 1933. Illegal voting. Section 10. Election Materials, Etc. It shall be the duty of the mayor and council to furnish all necessary material for carrying on the elections in the city, and they shall cause to be published in the official organ of said city the name of the election managers and the election to be held at least 15 days before said election. Supplies. Publication. Section 11. The city clerk, in conjunction with the sheriff of Dodge County, and the policemen of said city, shall take all necessary measures to preserve order, prevent the carrying of weapons contrary to law, and to secure to all the electors the right to deposit their ballots at the polls. Police officers and challengers shall not intimidate or persuade any elector at the polling place, or places, of the city at such elections. For every violation of this provision the party or parties so violating the same, shall be subject to conviction and punishment as for a misdemeanor. Order. Challenges. Section 12. The election manager shall hold the elections of said city under the rules and regulations of the Australian Ballot Law as found in Sections.... of the Code of 1933. Ballot law.

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Section 13. Illegal Voting. Any person voting illegally at any of said elections shall be liable to the same penalties as are prescribed by law for illegal voting in State and county elections. Illegal voting. Section 14. Returns. After the votes at any election shall have been counted by the managers, they shall cause two certified copies of the tally sheets to be made out, one of which shall be handed over to the clerk of said city for the time being, and the other to be delivered to the clerk of Dodge Superior Court. As soon as the mayor and council shall be informed of the result of said election, the mayor and council shall cause the person, or persons, elected to be notified of the same. The person or persons who shall receive the highest number of votes for any particular office, or offices, shall be declared duly elected. Returns of election. Section 15. Recall. Any member of the council or mayor may be removed from office in the following manner: Recall elections. Any elector of the City of Eastman may make and file with the city clerk an affidavit containing the name of the member or members of the council, or mayor, whose removal is sought, and a statement of the grounds alleged for his removal. The clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks for demanding such removal, printed forms of which he shall keep on hand. Such blanks shall be issued by the clerk with his signature thereto attached, and shall be dated and addressed to the council, shall indicate the person to whom issued, and state the name of the councilman, or mayor, whose removal is sought. A copy of this petition shall be entered in a record book kept for that purpose in the office of the clerk. A recall petition to be effective must be returned and filed with the city clerk within 30 days after the filing of the affidavit, and to be sufficient must bear the signatures of at least 20% of the registered voters of the

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city as shown by the registration sheet of the last general city election. Section 16. Petition and Election. If a recall petition shall be certified by the city clerk to be sufficient he shall at once submit it to the mayor and council with his certificate to that effect and shall notify the councilman, or mayor, whose removal is sought of such action. If the councilman, or mayor, whose removal is sought does not resign within five days after such notice the mayor and council shall thereupon order and fix a date for holding a recall election. Any such election shall be held not less than 20 nor more than 30 days after the petition has been certified to the mayor and council, and it may be held at the same time as any other general or special election within such period; but if no other election is to be held within such period the mayor and council shall call a special recall election to be held within the time aforesaid. Certificate. Section 17. Member Recalled. The question of recalling any number of members of the council and mayor may be submitted at the same election, but as to each such officer a separate petition shall be filed and there shall be an entirely separate ballot. Ballots. Section 18. Ballots. The ballots used in a recall election shall submit the following propositions in the order indicated. For the recall of (name of councilman or mayor). Against the recall of (name of councilman or mayor). The elector by striking out either of these propositions may indicate his vote for one not so stricken out, except that the spaces left for the name and date shall be filled by the correct name and date; the ballots used at a recall election shall be in form substantially as follows:

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Recall Election City of Eastman ....., 19..... (Month and day of month.) For the recall of..... Against the recall of..... Section 19. If a majority of the votes cast on the question of recalling a member of the council or mayor be against his recall, he shall continue in office for the remainder of the unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the member of council or mayor designated on the ballot he shall, regardless of any defects in the recall petition, be deemed removed from office. Removal from office. Section 20. Vacancy. If a member of the council or mayor in regard to whom a sufficient recall petition is submitted shall resign before the recall election, or be removed as a result thereof, the vacancy so caused shall be filled by a special election to be called by the mayor and council for that purpose. If there is a vacancy in the office of mayor, the mayor pro tem. shall become mayor for the balance of the unexpired term. Vacancies. Section 21. Time of Filing Petitions. No recall petition shall be filed against a member of the council or mayor within three months after he takes office. Time limit. ARTICLE IV. TAXATION. Section 1. Taxing Power. The power and authority of the City of Eastman to levy and collect taxes of all kinds whatsoever shall be and remain the same as now

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vested in the city manager and council of the City of Eastman, except as otherwise provided by this Act. Present powers preserved. Section 2. Licenses. The City of Eastman shall have power to levy and collect a tax upon factors, brokers and venders of lottery tickets; upon agents or managers of gift enterprises, upon all theatrical performances, exhibitions or shows of any kind within the corporate limits of said city. License taxes. Section 3. Billiard Parlors, Etc. The City of Eastman shall have power to license, regulate and control all billiard parlors and ten-pin alleys within the city and to remove the same when they become nuisances to the neighborhood. It shall also have the power to license auctioneers and vendue masters for the city, charging therefor such sums as they may deem proper, and to levy a tax on all sales of goods on commission or at auction within the limits of the city. They shall also have power to license all vehicles within the city and to limit the rates of freight and passage on the same; also to license all hotels, boarding houses, restaurants, barber shops and billiard tables, pool tables as well as all other establishments not herein provided for, and not otherwise taxed. They shall have the power to license the sale of fresh meat and other articles usually sold at the market, or at other places than the markets of the city, and if they deem proper to grade said license according to the amount of sales; Provided, however, that in no case shall said license be less than the amount that would be received if said business was conducted at the market or markets of the city. Section 4. Traveling Salesmen. Said City of Eastman shall have authority to levy and collect a license tax on all drummers and itinerant traders doing business in said city, upon all venders and sellers of any article, goods or merchandise therein who have no permanent places of business therein; to compel the payment of same; to make all suitable

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laws and regulations necessary and proper to carry out the powers herein conferred, and to prescribe suitable penalties for the violation thereof. Salesmen. Section 5. Business Licenses. Said City of Eastman shall have the authority to levy and collect a license upon all trades or businesses of any nature whatsoever and to compel the payment of the same. Businesses. Section 6. Duties of Tax Assessors. It shall be the duty of the tax assessors of the City of Eastman, within such time as may be provided by the council, to meet and carefully canvass all the tax returns made to said city, placing a valuation on all real estate returned at the full fair market value of such real estate and placing additional valuations on all personalty or other property that in the judgment of said tax assessors has been returned at less than full, fair market value. It shall be the duty of said assessors to carefully and diligently seek to ascertain the fair market value of all property returned, or that they shall assess, and to this end shall inspect the property when necessary and make such other investigation as may be necessary to ascertain the true value of all property subject to taxation by said city. It shall further be the duty of said assessors to make careful investigation for the purpose of determining whether all property subject to taxation by said city has been returned, and when it is found that it has not been, said property shall be assessed at double its true value. Said board of assessors shall file a written report of its findings with the city council and shall perform all other duties required of it under the provision of this Act. Assessors' duties. Section 7. Hearings, Etc. The said tax assessors may hear during the progress of their investigations such evidence as to value of the property of said city as they deem advisable and to this end may compel the attendance of witnesses or the production of documents as now provided

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by the laws of Georgia. From the action of said board in fixing an assessment an appeal if entered within 10 days in writing from the date of the notice of assessment, shall lie to the mayor and council of the City of Eastman, and from their decision, an appeal may lie to Dodge Superior Court, as in appeals from the ordinary. Any member of said board of assessors is hereby empowered to administer a legal oath to any person or persons making tax returns. Property in said city owned by said assessors, or either of them, shall be assessed by the council. Evidence. Appeals. Section 8. Notice. The clerk shall cause written notice to be mailed to all persons whose property has been raised by the tax assessors. Notice. Section 9. Returns. It shall be the duty of the clerk to provide blanks for the return of property for taxation, in which blanks, in addition to other species of property, every species of property subject to taxation in said city now referred to in the return blanks for State and county purposes shall be referred to, upon which blank every citizen of said city and every owner of property therein shall be required to make return under oath at its full, fair market value. It shall be the duty of the city clerk or some other person authorized to administer oaths to administer an oath to every person making returns before the same is made that they will make a full and complete return of all such property as may be owned or controlled by such person subject to taxation in said city. Tax returns. Section 10. Digest. It shall be the duty of the clerk to provide a tax digest upon which the clerk shall enter the value of all property returned after the same shall have been assessed by the tax assessors to the same extent and as fully as is now done by counties. Tax digest. Section 11. Regulations. The mayor and council is hereby vested with the power so prescribed by ordinances,

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rules and regulations necessary to carry into effect the intent and purpose of this Act; to prescribe the punishment of any person who shall be convicted of wilfully secreting and concealing property in said city to avoid paying taxes thereon. The number of days said board shall be in session shall be fixed by the council. Rules, etc. Section 12. Taxes Due and Payable. The taxes levied by the City of Eastman shall be due and payable as now provided by law. Payment. Section 13. Collection of Taxes. All taxes levied by the City of Eastman shall be collected as follows: An execution shall be issued by the clerk of the city directed to the chief of police and the members of the police force of said city against the real and personal property of the defaulter and against said defaulter and any member of the police force shall proceed to levy the same, and after advertising the same for sale for four weeks in the official organ of said city, shall sell the property levied on before the courthouse door of said county between the legal hours of sale on a regular sheriff's sale day. It shall be the duty of a member of the police force to put up the property and offer the same for sale in parcels until he gets a bid sufficient to pay the taxes due, and shall then knock the property off to the purchaser, make him a deed and put him in possession, as in ordinary sheriff's sale. Such a sale shall be as effective to pass the title as the deed of the person against whom such execution was issued, but the right of redemption shall exist as in sales for municipal taxes under the existing law; Provided, that in all cases where property has been bought in by said city for taxes, the title thereof shall be vested in said city. It shall be lawful for the mayor and council to authorize a redemption as now provided by law. Collection by execution, levy, and sale. Section 14. Taxing Powers. The mayor and council shall not have authority or be empowered to levy more than

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five (5) mills ad valorem tax on the property within the corporate limits of said city for current or general expenses of said city, nor more than five (5) mills for extraordinary expenses, payment of bonded debt and interest thereon. Tax rate. ARTICLE V. PAVING AND BOND ELECTIONS. Section 1. Streets and Sidewalks; Assessments for Improvements. The mayor and council of Eastman shall have power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said city, and shall have the power to vacate, close up, open, alter, fill, curb, pave, drain and repair the same. They shall have the power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same and shall also have the power of curbing and paving the whole or any part of any street, alley, sidewalk, crossing or other passageway of said city. They shall also have the power to prescribe by ordinance for the curbing and paving of all squares, triangles and intersections of said city as they may deem necessary from time to time; they shall prescribe the kinds of material to be used in such construction and shall fix the time when notice shall be given and when the work shall be completed, to supervise the construction of same, and to have the power to reject any work not performed in compliance with such prescribed regulations. They shall have full power and authority to require any street, avenue, or alley, sidewalk, street crossing or railroad crossing or other passageway to be paved in such manner and with such material as they may determine by resolution or ordinance. One-third of the expense of paving streets shall be borne by the city and the other two-thirds by the abutting property owners in just proportion to the front footage of said property, provided that any street railroad company or other railroad company having

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a track or tracks running along or across any of the streets, avenues or alleys of said city shall be required to pay the cost in full for paving or otherwise improving said street, avenue or alley the full space between their track or tracks, and for the full space of three feet on each side thereof. The mayor and city council of the City of Eastman shall have full power and authority to pave and otherwise improve, and to contract to pave and otherwise improve the entire surface of any street, avenue or alley of said city without giving to any railroad company or other occupant or property owner on such street, avenue or alley, the option to have the space paved, or otherwise improved by themselves, or by contract at its, or his, instance, the object to prevent delay and secure uniformity; Provided further, that where any street, alley or avenue of said city may extend longitudinally along the right-of-way of any railroad company or when the right-of-way or property of such railroad company abuts a street, avenue or alley or street crossing, said railroad company shall be treated in all respects as an abutting property owner, and the assessment shall be made accordingly. The entire expense of paving sidewalks shall be borne by the abutting property owners the just proportion of their property thereon. Street and sidewalk improvements. Expense apportioned. Whenever the mayor and city council of the City of Eastman shall determine to pave any street, avenue, alley, sidewalk, street crossing or railroad crossing in said city, they shall require the city clerk to give to all persons owning property abutting or fronting thereon such notice of such intention as the mayor and council may, by resolution adopted, deem proper. The city shall proceed at once to do such paving, or cause same to be done, and when the same is completed and the cost thereof ascertained, the mayor and council shall rquire the city clerk to furnish such interested property owner with a statement of the amount assessed against such property thereof, the statement to be furnished by such means as the mayor and council

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may, by resolution adopted, deem proper. Failure on the part of the property owner to receive the notice of intention and the statement herein referred to shall, however, in no wise affect the validity of the proceedings or the legality of the assessments referred to in this section. When the work is completed the property owner shall, and it is his duty to, pay into the treasury of the city the amount so assessed against their property in 10 equal annual installments, the first installment within 20 days from and after the work is completed, the remaining installments annually thereafter, said installments to bear interest at not more than 7% per annum payable annually; Provided, however, any property owner may, if he so elects, pay his entire assessment in cash, without availing himself of said deferred payment plan, such payment to be made within 20 days from and after the work is completed. Notice. Payments. Section 2. Lien of Assessment. The assessments levied under the authority of the preceding section, together with interest thereon, shall be a lien against the property so assessed superior to all other liens, except liens for taxes, from the date of the ordinance levying said assessments, until each and all of said installment assessments with interest are paid in full. Lien. Section 3. Bond Issue for Paving Assessments. The mayor and council of Eastman are authorized and empowered by resolution or ordinance to provide for the issuance of bonds in the aggregate amount not to exceed the unpaid paving assessments. Said bonds shall bear date within 60 days after the date of maturity of the first assessment and shall mature annually thereafter in an amount proportionate to the amount of assessments maturing in that year. Said bonds shall in no event become a debt or liability of the City of Eastman by reason of its issuing the same for the purpose herein specified. Such bonds shall bear interest at a rate not exceeding 7% per annum from their

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date until maturity payable annually, and shall be designated Paving Assessment Bonds and shall on their face recite the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied on lots, parcels and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk and shall have the impression of the corporate seal of said city thereon, said bonds shall be payable at such place as shall be designated by the city council of the City of Eastman. They shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and delivered to the contractor, at par value, in the payment of any amount due him on his contract. It shall be the duty of the clerk to make collections of the assessments levied under authority of this Act and in the event Paving Assessment Bonds shall be issued as provided for in this section, it shall be the duty of the clerk to keep an accurate account of all such collections made by him, and such collections shall be turned over to the bond commission hereinafter created. Any misapplication or misappropriation of such fund by any person shall constitute a misdemeanor and be punished as such, under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. Bond issues. Section 4. Execution, Levy and Sale. In case any property owner shall fail or refuse to pay any assessment together with interest thereon, when due, the clerk is authorized and empowered to issue instanter an execution against said owner and against said property, and the said execution be levied upon said property by a member of the police force, and the same advertised and sold at public auction, in conformity to the laws of this State governing

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the sale of property under judgment and execution by sheriffs. Said member of the police force shall make to the purchaser a good and valid deed thereto, conveying title as fully as sheriffs of this State are authorized to do at public sales under judgment and execution; Provided, however, said deed or conveyance of title shall be made subject to the lien of any remaining unpaid installment assessments with interest, and said purchaser at such sale shall buy subject to the lien of any such remaining unpaid installment assessments with interest, and record of the lien of such unpaid installment assessments, with interest in the clerk's office of the Superior Court of Dodge County shall not be necessary in order to charge such purchaser with notice thereof; and provided further, that the owner of said property, a creditor, or owner of any interest therein, shall have the right of redemption as in cases of sales for State and county taxes. Levy, sale, title. Section 5. Affidavit of Illegality. The defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution issued is due, specifying fully and distinctly the grounds of such denial of liability and stating what amount he admits to be due, which amount admitted to be due shall be paid or tendered to the city clerk of Eastman at the time or before the affidavit is tendered and received. Said affidavit so received shall be returned to the Superior Court of Dodge County, and there to be tried and the issue determined, as in cases of affidavits of illegality; Provided, the judge of the Superior Court of Dodge County shall have authority to hear and determine all questions touching the sufficiency of said affidavit at any time, in term time or at chambers, before the time when said cause would regularly come up for trial. Illegality of execution. Section 6. Purchase by City. The City of Eastman shall have full right to bid on and purchase said property

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at said sale if it chooses to offer the highest bid therefor, whereupon a deed shall be made to the city, a member of the police force being empowered and authorized to proceed at once to dispossess said owner and place the purchaser at said sale in possession. City may buy. Section 7. Assessment on Public Property. When the city council of the City of Eastman shall determine by ordinance to pave or otherwise improve any street or sidewalk on which any property of the County of Dodge abuts, or other public property, then, and in that event, the cost of such paving or improvement shall be assessed and collected in the same manner and for the same amount as against private abutting property. Public property. Section 8. Eastman Street Improvement Act Not Repealed. The Act of the General Assembly of the State of Georgia approved August 19, 1927, as found in Georgia Laws, 1927, pages 1095-1106, is not repealed by this Act, but the same shall be of force and effect as though this Act had not been passed. Act of 1927 of force. Section 9. Cleaning and Draining of Lots. The mayor and council of the City of Eastman, shall and they are hereby clothed with the right and power, through appropriate ordinances or resolutions adopted, to provide for the keeping, cleaning, drainage, and maintaining of vacant or occupied premises or lots or other tracts or parcels of land within said city in a healthful and sanitary condition, and to that end may adopt such ordinance or ordinances as it may deem wise and best, providing, if it so desires, that such places be cleaned or drained at the expense of the property owner, and that execution may issue against the property owner for the cost thereof; Provided, however, that proper provision to be made in any such ordinance for the property owner to have the right to contest the fairness or correctness of the cost so assessed. This section is not intended to prescribe the detailed machinery

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for the accomplishment of the ends desired, but it intended to confer upon said city the right to adopt, by ordinance, such means as it may deem best for the accomplishment of the ends desired, not inconsistent with laws or the Constitution of this State. Drainage. Expense. Section 10. Bond Elections. The mayor and council of the City of Eastman are hereby authorized and empowered to call by ordinance an election by the legally qualified voters of the City of Eastman for the purpose of obtaining the assent of two-thirds of said legally qualified voters thereof voting at an election for that purpose to be held as prescribed by law, provided said two-thirds so voting shall be a majority of the registered qualified voters, to an issue of bonds in such amount or amounts as may be permitted under the Constitution and laws of the State of Georgia, and at such time or times as the mayor and council may, in its discretion, prescribe for any and all of the following purposes, to wit: Elections on bond issues. A. For paving, macadamizing, draining, guttering or otherwise improving for travel, or use, the public streets, sidewalks, lanes and alleys of the City of Eastman. Purposes. B. For establishing and maintaining a system of surface or storm and sanitary sewers within the City of Eastman. C. For acquisition by purchase of a municipal lighting plant or municipal gas plant, or for the construction of a new electric power plant or gas plant, for the extension and improvement of such lighting plant or gas plant if so acquired or built. D. For the construction of any public buildings, bridge, viaduct, underpass, hospital or other public works to be used exclusively for lawful corporate purposes, looking to the safety, health and general welfare of the citizens of Eastman; or for the enlargement, extension, improvement

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of any such public building, bridge, viaduct, underpass, hospital or other public works, and for any other legitimate municipal purpose. It shall be the duty of the mayor and council calling such election to provide for submitting separately to the qualified voters of the city each question presented for ratification or rejection, so that each voter may vote for or against any or all of the purposes for which it is proposed to issue bonds. In the event the assent of two-thirds of the legally registered qualified voters of the city voting in the election herein provided for, provided said two-thirds so voting shall be a majority of the registered voters, is obtained as provided by law at the election called as herein provided, the mayor and council shall have full authority and power to make all contracts necessary or incident to the expenditure of all the proceeds of the sale of said bonds for the purposes and objects for which they were issued, and to enact and enforce all such ordinances, resolutions, rules and regulations for the construction, operation, maintenance, regulation and protection of said public improvements as in their discretion they may deem fit and proper, and to enforce such ordinances and regulations by fine and imprisonment as well as by the issue and levy of executions for that purpose. Separate submission. Regulations. Section 11. List of Voters. In all elections which may be hereafter held in the City of Eastman for the purpose of authorizing the issue of bonds by the city, for any purpose whatever, the list of registered voters furnished for said election shall be in compliance with and as provided by the Constitution and laws of the State of Georgia. Voters. ARTICLE VI. MISCELLANEOUS. Section 1. Public Records. All accounts and records of every office and department of the city shall be open to

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the public at all reasonable times except records and documents from which might be secured information which might defeat the lawful purpose of the officer or department withholding them from access to the public. Inspection of records, etc. Section 2. Offenses. The mayor and council shall have authority to prescribe adequate penalties for offenses against the ordinances of the city, not inconsistent with this charter, and the mayor shall have the right to impose punishment as provided herein for violations of such ordinances. Any person convicted of an offense against the ordinances of the city and found to be afflicted with an infectious or contagious disease may, in addition to the penalty for such offense, be isolated and kept in custody until danger to the public from such infection or contagion is removed. Penalties. Diseases. Section 3. Claims. Claims for money damages against the city on account of the injury to person or property shall be presented, and the city shall be bound therefor only as provided by law. Damages. Section 4. Condemnation. The power of the city to condemn property for public use conferred by this charter shall be exercised in the manner provided by law for the condemnation of land for public use. Condemnation. Section 5. Contracts Not Repealed. All legal contracts entered into by the city for its benefit prior to the taking effect of this charter shall continue in full force and effect. All public work begun prior to the taking effect of this charter shall be continued and perfected hereunder. Contracts. Section 6. If any section or part of a section of this charter proves invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section or part of a section of this charter, unless it appears clearly that such other section or part of a section is wholly or necessarily dependent for its operation

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upon the section or part of a section so held unconstitutional or invalid. Constitutional law. Section 7. Impounding. The mayor and council of said City of Eastman shall have power and authority to prevent horses, mules, cattle, sheep, hogs, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs within the city limits, or to regulate the manner in which they must be kept if allowed kept, and shall have power and authority to take up and impound any such animal or fowl and punish all owners of such animals and fowls who refuse to obey any ordinance passed by such council, carrying this authority into effect. Animals. Section 8. Public Schools. The Act of the Legislature approved December 15, 1894, and all amendments thereto, creating a public school system in and for the then town of Eastman, is hereby made a part of and adopted by this charter, and the City of Eastman, as created by this charter, assumes and adopts all the obligations and relations now existing between the council and city manager of the City of Eastman and the said school system. Schools. Section 9. This Act shall not abolish any of the ordinances of the present council and city manager of the City of Eastman now in force except where they may be in conflict with the provisions of this Act, but all such ordinances shall remain in force in the City of Eastman in the same manner and to the same effect as the same were of force under the authority of the council and city manager until they are changed, modified or repealed by the authority of the City of Eastman. Ordinances of force. Section 10. Acts Not Repealed. All the Acts of the General Assembly of Georgia creating and amending the charter of the mayor and council of the City of Eastman and of the City of Eastman now in force, and that are not

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in conflict with this Act, shall be held and construed as a part of the charter of the City of Eastman until modified, changed or repealed. Those in conflict are hereby repealed. Legislative Acts of force. Section 11. Fire Limits. The city council shall have the right and power to fix such limits within said city as it may see fit which shall be known as the fire limits, and may prescribe what class of buildings shall be erected within such limits and prohibit any other kind or class of buildings from being erected, and provide for the punishment of any person, firm or corporation erecting or attempting to erect any building not coming within the prescribed classification; to provide for the issuance of building permits, and condemn and destroy at the expense of the owner in the manner provided for the abatement of nuisances any building within said city which may be dangerous to life, health or property, or that may be dangerous from the standpoint of fire or likely to cause the origin or spread of the same. Fire protection. Section 12. Personal Liability. The mayor, members of council and members of the bond commission and debt commission and any other officer or employee of said city, who shall divert or misappropriate any moneys or funds belonging to said city, shall be personally and individually liable, and be punishable as for a misdemeanor. Liability of officers. Section 13. Outstanding Obligations. Under no circumstances shall this Act be construed to affect the legality or illegality of any obligation, or claim of obligation, on the part of said city. Legal obligations. ARTICLE VII. EFFICIENCY AND ECONOMY COMMISSION AND BOND COMMISSION. Section 1. Efficiency Commission. There is hereby created and established in and for the City of Eastman, and in and for the city council and mayor of Eastman, an efficiency

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and economy commission, to be composed of the mayor, who shall be chairman of the commission, and two members of the council, who are to be elected by the council. Economy commission. Section 2. On the first regular session or meeting of the mayor and city council of Eastman in January of each year said efficiency and economy commission shall prepare and the mayor shall submit to the council, a city budget of estimated revenue and recommended expenditures for the ensuing fiscal year. Said budget shall contain a detailed and summarized statement of the following matters as nearly as may be ascertained, to wit: Budget. A. Total assessed property valuation of the city. B. Public debt of the city, floating and bonded, and annual interest charges thereon. C. Total receipts and expenditures of the city for the four last previous fiscal years. D. Detailed and summarized statement and estimate of all anticipated revenues of the city for the ensuing fiscal year, classified as to its sources. E. Total expenditures of the city during the previous fiscal year, classified for each department, agency and institution. F. A complete plan of proposed expenditures for the ensuing fiscal year, so classified as to exhibit clearly the items of expenditures proposed and showing the distinction between such as are for permanent improvements, salaries, maintenance and new municipal undertakings, for each separate department, institution, board, commission or other municipal agency. G. Statement of assets, liabilities, revenues and surplus or deficit of the city, in sufficient detail and in such form as to show the then financial condition of the city, together

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with a comparison of such financial condition with that existing during the four previous fiscal years. H. A statement or balance showing aggregate or proposed expenditures and estimated revenues for the ensuing fiscal year, and such other statements and information as may be necessary for an intelligent consideration and determination of and concerning the proposals and estimates as made in said budget. Section 3. Appropriations and Ordinances. From and after the going into effect of this Act all expenditures and appropriations of money by the mayor and council of Eastman shall be by ordinance, and the same shall not be valid until approved by the mayor; Provided, however, should the mayor disapprove of any such ordinances, or scale or reduce any appropriation or appropriations carried therein, the council may override such disapproval or change by a four-fifths vote of the membership thereof, unless by overriding such disapproval or change such appropriation or appropriations would cause the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue for such year, in which event the power of the council to override such disapproval or change by the mayor shall extend only to the aggregate of the anticipated and estimated revenue for any fiscal year as set forth in the budget. In the event any such ordinance or any appropriation or appropriations carried therein is disapproved, or scaled or reduced as aforesaid, by the mayor, the same shall be returned to the council by the mayor not later than the next regular meeting of the mayor and council, and upon his failure so to do such ordinance shall stand as if approved; except that no ordinance shall be of any force or effect whatsoever which causes the aggregate appropriations for any fiscal year to exceed the anticipated and estimated revenue as contained in the budget. Appropriations of money.

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Section 4. Expenditures Not to Exceed Estimated Revenue. Said efficiency and economy commission shall not recommend to the mayor and city council appropriations or expenditures in excess of the anticipated and estimated revenue for any fiscal year. Should said commission believe that additional appropriations and expenditures are necessary said commission may suggest and recommend plans and means for raising sufficient revenue to meet such additional appropriations or expenditures. Revenue and expenditures. Section 5. Reduction of Appropriations. In case the mayor and city council appropriate funds for any fiscal year, for any purpose whatsoever in excess of the revenue for said year, as estimated by said efficiency and economy commission, the mayor is authorized and empowered, and he is hereby directed to scale or reduce any or all appropriations made for such year, whether contained in the budget appropriation ordinance or supplementary appropriation ordinance, keeping in view the relative importance and need of each appropriation so made, to the end and extent that the aggregate appropriation for any one fiscal year shall conform to and not exceed the estimated revenue for said year. Provided, however, that in case of an emergency, that is to say, in case of some extraordinary and unexpected need or demand not anticipated at the time of the preparation of the budget, the mayor and city council is authorized and empowered to obtain, by loan or otherwise, and appropriate and expend the sum of five thousand ($5,000.00) dollars or so much thereof as may be necessary in excess of said estimated revenue; but in no event shall such excess or emergency appropriation exceed the sum of five thousand ($5,000.00) dollars; and in the event such excess or emergency appropriation is required and made the budget for the next succeeding fiscal year shall contain and provide for the payment of the same out of the revenue for such succeeding year, and provided, further, that it shall be unlawful for the clerk and treasurer to pay out funds otherwise

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than in accordance with the provisions of this section and elsewhere in this Act; and he and his bondsman shall be personally liable for the violation thereof to the extent and amounts of any such unauthorized payment, at the instance of any taxpayer of the City of Eastman. Reduced appropriations. Emergency. Section 6. Transfer of Items Appropriated. In order that some degree of flexibility in appropriations may be had, any department, institution or other agency receiving an appropriation under the terms of this Act may apply to said efficiency and economy commission for leave to transfer a part of any item appropriated to such department, institution or agency to any other item in such appropriation; and if said commission shall consent thereto it shall notify the clerk and treasurer thereof in writing, whereupon the clerk and treasurer shall place the amounts so transferred to the credit of the item designated; Provided, however, that no part of the sinking fund or any other sum appropriated for any permanent improvement shall be used for maintenance or for any temporary purpose; and provided further, that in the preparation of said budget said efficiency and economy commission shall incorporate therein and set aside, from out of said estimated revenues the sum of twenty-five hundred ($2,500.00) dollars to be designated as deficiency appropriation, which said sum shall be appropriated, if occasion demands, by the mayor and city council to cover deficiencies in the appropriation to any department, institution or agency as carried in said budget appropriation ordinance, and also to pay any claims or requests approved by the mayor and city council and which are not provided for in the budget. Items transferable. Section 7. Bond Commission; Members. There is hereby created and established a bond commission, which shall consist of three persons, residents of the City of Eastman, none of whom shall be an official or employee of the City of Eastman, and each of whom shall be an experienced

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and trustworthy business man or woman, the powers and duties of said commission to be as follows: Bond commission. A. To receive from the clerk and treasurer as and when the same are collected, all funds derived and collected from the assessment and levy by the City of Eastman of a tax for the payment of the principal and interest due or to become due on the bonded indebtedness of the City of Eastman; Powers and duties. B. To safely keep and protect all such funds so received by said commission and apply the same when due in payment of the principal and interest of the bonded indebtedness of the City of Eastman, and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest obtainable and properly protected by bond or else invest the same in bonds of the State of Georgia or bonds of the City of Eastman; C. To make frequent, and at least quarterly examinations of the books, records and accounts of the clerk and treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk and treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him from the assessment and levy of a tax for the payment of the principal and interest of said bonded indebtedness, said commission shall immediately institute action in the proper court against the clerk and treasurer and his bondsman for the recovery of the amount said clerk and treasurer has so failed, neglected or refused to pay over to said commission. Section 8. Members; How Appointed. The members of said bond commission shall be named and appointed by the council of the City of Eastman; in appointing the first

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members of said commission the mayor and council shall designate one member to serve for a term of one year, one member to serve for a term of two years, and the third member to serve for a term of three years, and all members of said commission thereafter appointed, except to fill vacancies, shall be for a term of three years; and in case of a vacancy of said commission, by reason of death, resignation or for other cause, appointment shall be made for the remainder of the unexpired term. Before entering upon the duties of his office each member of said commission shall make oath in writing, to be filed with the clerk and treasurer, to truly and faithfully discharge his powers and duties as a member of said commission, and shall file with clerk and treasurer a good and solvent bond in the sum of not less than five thousand ($5,000.00) dollars, payable to the City of Eastman and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on which said bond shall be paid by the city council. The books, records and accounts of said commission shall be thoroughly examined and audited by the city auditor. Members of bond commission. Section 9. Debt Commission. There is hereby created a debt commission in and for the City of Eastman, which shall be composed of the members of the bond commission, the powers and duties of said debt commission to be as follows: Debt commission. A. To receive from the clerk and treasurer, as and when the same are collected, all funds derived and collected from the assessment and levy by the mayor and council of Eastman of a tax for the payment of the indebtedness (commonly called floating indebtedness) of the City of Eastman (not including bonded indebtedness), which was a legal debt outstanding, existing and owing at the date when this charter becomes effective, provided all warrants that are legal debts of city be paid in order issued; Duties and powers.

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B. To safely keep and protect all such funds so received by said commission and apply the same in payment of the principal and interest of said indebtedness or in payment of such obligations as said commission might issue and negotiate for the raising of funds with which to pay said indebtedness, as hereinafter authorized; and to keep all cash on hand, until needed for the purpose stated, on deposit in some safe and secure bank or banks at the highest rate of interest obtainable and properly protected by bond; C. To make frequent, and at least quarterly examination of the books, records and accounts of the clerk and treasurer and ascertain whether or not said commission is receiving, as and when the same are collected, all sums due said commission as herein provided for; and in the event said commission should at any time find that the clerk and treasurer has failed, neglected or refused to pay over to said commission all or any sum or sums collected by him from the assessment and levy of a tax for the payment of said indebtedness (commonly called floating indebtedness) of the City of Eastman, said commission shall immediately institute action in the proper court against the clerk and treasurer and his bondsman for the recovery of the amount said clerk and treasurer has so failed, neglected or refused to pay over to said commission; D. To issue, execute and negotiate notes, or other evidences of indebtedness, if deemed advisable, in anticipation of the assessment, levy and collection of the tax herein provided for, and apply the proceeds derived therefrom to the immediate payment of said indebtedness said notes to bear not greater than 6% interest per annum and mature not later than 10 years from date; which notes or other evidences of indebtedness, however, shall not be executed nor negotiated without the consent and approval of the council of Eastman, nor until said council has provided by ordinance for the levy, annually, of a specific tax for the payment of the principal and interest of said notes.

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Section 10. Oath and Bond. Before entering upon the duties of his office each member of said commission shall make oath in writing, to be filed with the clerk and treasurer, to truly and faithfully discharge his powers and duties as a member of said commission, and shall file with the clerk and treasurer a good and solvent bond in the sum of not less than five thousand ($5,000.00) dollars, payable to the City of Eastman and conditioned to truly and faithfully perform his powers and duties as a member of said commission and to account for all funds coming into his hands as a member of said commission; the premium, if any, on which bond shall be paid by the City of Eastman. And the books, records and accounts of said commission shall be thoroughly examined and audited by the city auditor. Oath. Bond. Section 11. Referendum. Thirty days from and after the passage of this Act and the approval thereof by the Governor, an election shall be held in said City of Eastman by the qualified voters thereof for the purpose of adopting or rejecting this Act. The election shall be held under the provisions of Section 69-102 of the Code of Georgia of 1933, except that it shall not be necessary for one-fifth of the voters of said city to petition for said election. The city manager and city clerk of the City of Eastman are directed to keep the Voters' Book of said city open for registration for this election until 10 days before said election, and any voters shall be permitted to register and qualify to within 10 days of said election, but if he fail to qualify by that time, he shall not thereafter be permitted to qualify for said election. The city manager and city clerk of the City of Eastman are further required and directed to make up a list of the registered qualified voters for said election at least five days before said election and post a copy thereof in his office in the city hall in a conspicuous place and another copy in the office of the clerk of Dodge Superior Court, both of which shall be open to public inspection.

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Before eliminating any registered voter from the list of qualified registered voters for said election, said city manager and city clerk shall give such person notice by mail that he appears disqualified, and provide for a hearing on such apparent disqualification. After said list has been posted, it shall be unlawful for said city manager or anyone else to add the name of anyone else to said list, and the election managers holding said special election shall not permit anyone to vote whose name does not appear on the list as posted as aforesaid. Submission of this Act to popular vote. Lists of voters. Section 12. In the event this Act is adopted by a majority of the voters voting in said election, it shall be the duty of the city council to call and provide for a special election for the elective officers provided for under this Act within 15 days from the election adopting this Act. Notice of such election shall be published in two consecutive weeks in the official newspaper of said city immediately preceding said election. Special election. Section 13. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937. EAST POINT LIQUOR REGULATION. No. 37. An Act to amend an Act entitled An Act to create a new charter for the City of East Point, approved August 19, 1912, and the several Acts amendatory thereof; and for other purposes. Section 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 East Point, approved August 19, 1912, and the

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several Acts amendatory thereof, be, and the same are hereby amended by striking from the Acts approved August 19, 1912, creating a new charter for the City of East Point, Sections 46 and 47, and by substituting in lieu thereof the following: Act of 1912 amended. Section 46. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the city council shall have full and complete power and control of the manufacture and sale, by wholesale and/or by retail of all spiritous, malt and/or intoxicating liquors and/or wine and/or beer in said city with the full and complete power and control of the regulation and/or prohibition of either or all of said subjects within said city, Provided that said city council may permit the sale and/or manufacture of any of said beverages under such terms, conditions and/or regulations as it may provide by ordinance not inconsistent with the Constitution and laws of this State, the license for such retailing, manufacture or wholesaling of any of such beverages to be issued for such time, under such conditions as may be prescribed by ordinance by said council and in such amount as may be so fixed by said city council. Control of liquors. Section 47. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That the city council is hereby expressly authorized and empowered to pass and enforce any ordinance not in conflict with the Constitution and laws of this State, or of the United States, regulating or prohibiting manufacture, storage, sale, use, keeping or distribution of any wines, beer, near-beer, malt, alcoholic or intoxicating liquors or beverages of any kind within the corporate limits of the City of East Point, and to punish any person or persons for violating the same. Lawful ordinances. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That

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all laws and parts of laws, Acts, and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved February 12, 1937. EAST THOMASTON TERRITORIAL LIMITS. No. 164. An Act to amend the Acts approved August 16, 1909, August 9, 1920, August 6, 1927, and July 27, 1929, incorporating the Village of East Thomaston, in Upson County, Georgia, by changing the corporate limits of said village on the south side and to repeal so much of said Acts as embrace property which is by this Act omitted, and to include other property so as to make the east side of Payne's Mill Road and North Bethel Street the western boundary of said village, and to make certain streets, avenues and lines the southern boundary of same and defining said corporate limits of the Village of East Thomaston; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act that Sections 1 of Acts incorporating the Village of East Thomaston, in Upson County, Georgia, approved August 16, 1909, August 9, 1920, August 6, 1927, and July 27, 1929, be amended by striking therefrom those parts of said sections defining the corporate limits of said village and inserting in lieu thereof the following boundary lines as the corporate limits of the Village of East Thomaston, to wit: Beginning at a point 3,960 feet north 86 degrees and 50 minutes east of the center of the three-quarter-mile radius circle bounding the limits of the City of Thomaston, Georgia, then run east 3,250 feet to a point, then run north 2,355 feet to a point, then run north 31 degrees and 37 minutes west 4,267 feet to a point, then run east 125 feet

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to a point, then run north no degrees and 18 minutes, east 2,053 feet to a concrete marker, then run west 3,348 feet to a point on the east side of Payne's Mill Road, then run south or in a southerly direction along the east side of Payne's Mill Road and North Bethel Street to the north side of Cedar Row where it intersects with North Bethel Street, then run east along the north side of Cedar Row to a point which is just north of the east side of Washington Street, then run south across Cedar Row and along the east side of Washington Street to the south property line of the Thomaston Cotton Mills, then run east 75 feet to a marker, then run southeast 243 feet to the right-of-way of the old Macon Birmingham Railroad, now the Central of Georgia Railroad, which point is designated by an iron pin, then run northwest along the west side of said railroad right-of-way 941 feet to a marker, then cross the railroad and run in a southeast direction along the south side of an alley or street 332.3 feet to a marker on the west side of Barnesville Street, then run southwest along the west side of Barnesville Street 28.8 feet to a marker, then run southeast across Barnesville Street to the north side of Lewis Brothers' store building, and thence along the south side of Avenue J to the west side of Third Street, then run southwest along the west side of Third Street to Avenue L and across Avenue L to the south side of same, then run southeast along the south side of Avenue L 671 feet to a marker, then run across Avenue L 72 degrees and 45 minutes west 143.6 feet to the corporate line of the City of Thomaston designated by a marker which marker is also on the property line of Thomaston Cotton Mills and C. G. Whitten, then follow the corporate line of the City of Thomaston in a southerly direction to the beginning point. Acts amended. Boundaries defined. Section 2. Be it further enacted by the authority aforesaid, That so much of the above recited Acts approved August 16, 1909, August 9, 1920, August 6, 1927 and July 27, 1929, incorporating said Village of East Thomaston,

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not in conflict with this Act, is not intended to be repealed, but same shall remain in force, but so far as said Acts are in conflict with this Act, the same are hereby repealed. Repeal limited. Approved March 15, 1937. FLOWERY BRANCH CHARTER. No. 501. An Act to revise, amend, consolidate, and supersede Georgia Laws, 1903, page 516, No. 437, and all other Acts and laws incorporating the Town of Flowery Branch in the County of Hall and State of Georgia, and all amendments in respect thereto, to create a new charter and municipal government for the Town of Flowery Branch and define its territorial limits, power and duties, and to repeal all laws in conflict herewith, provide for a mayor and five councilmen, to define their powers and duties, to provide for levying, assessing, and collecting and disbursing taxes, license fees and revenues for the support and maintenance of said municipality, to prescribe qualifications of voters, provide for their registration, to authorize the town to condemn private property for public use, to open, lay out, build, pave, construct, repair and otherwise improve streets, sidewalks, alleys and lanes; to authorize said town to issue bonds, to construct and maintain educational facilities; to construct sewers, drains, waterworks, light and power systems; to provide for a mayor's court, define its jurisdiction and powers; to authorize the mayor and council to adopt ordinances, resolutions and to make contracts and to exercise other powers incident to its municipal government; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Flowery Branch, located in the County of Hall and State of Georgia, and within the limits of said town as hereinafter stated, be and they are hereby incorporated under the name and style of Town of Flowery Branch, and by that name shall be, and are, hereby invested with the rights, powers and privileges incident to municipal corporations in this State, and all rights, powers and privileges, titles, property, easements and hereditaments now belonging or in anywise appertaining to said Town of Flowery Branch as heretofore incorporated shall be, and are, hereby vested in the Town of Flowery Branch created by this Act. And the said Town of Flowery Branch created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact through its mayor and aldermen, who shall compose the town council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town, as to said town council may seem best, and which shall be consistent with the laws of the State of Georgia and with the laws of the United States. And the said Town of Flowery Branch shall be able by law to purchase, hold, rent, lease, receive, sell, exchange, enjoy, possess and retain, in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature soever, within or without the limits of said town, for corporate purposes. Said Town of Flowery Branch, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said Town of Flowery Branch as heretofore incorporated. Corporate name. Powers and rights. Section 2. Be it further enacted, That from and after the passage of this Act, the corporate limits of the Town

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of Flowery Branch shall be as follows, to wit: One-half mile in every direction from the Southern Railroad depot in said town. Territory. Section 3. Be it further enacted, That the government of said town shall be vested in a town council composed of a mayor and five aldermen. The present incumbents as mayor and aldermen shall continue in office as the mayor and aldermen of the Town of Flowery Branch under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber, or such other place in said town as the mayor of said town shall direct and designate, on the second Saturday in December, 1937, and the second Saturday in December in each year thereafter, for mayor and five aldermen, who shall hold their offices for one year, or until their successors are elected and qualified; and should there fail to be an election held in the said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said town; said notice shall be posted 10 days before said election. The polls at all elections under this charter shall not be opened before 9 o'clock, A. M., and shall be closed at 4 o'clock, P. M., Eastern Standard Time. The qualifications of voters at said election shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Mayor and aldermen. Election. Voters. Section 4. Be it further enacted, That all elections under the provisions of this charter shall be held under the superintendence of a justice of the peace and two freeholders, or three freeholders who shall be residents of said town. Said superintendents shall be selected by the town council and shall take an oath for the due and legal and impartial

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performance of their duties as such superintendents, and shall have all the powers incident to managers of elections in this State. In case the managers shall have any reasonable doubt as to the qualifications of any voter, or should any voter be challenged, they shall administer to such voter the following oath: You do swear that you are a citizen of the State of Georgia; that you have attained the age of 21 years of age; that you have resided one year in this State, and for the last six months within the corporate limits of the Town of Flowery Branch, and have paid all taxes legally required of you by said Town of Flowery Branch, so help you God. Election management. Oath. Section 5. Be it further enacted, That the superintendents of said election shall conform with the laws governing elections in this State in so far as they are applicable to said election, and declare the result of said election and certify the same with the tally sheet and list of voters to the town council, and shall issue certificates of election to such persons as received the highest number of votes polled. Those declared elected shall, within 10 days from said election, or at the next regular meeting of the town council, qualify by taking an oath well and truly to perform the duties of their respective offices before an officer authorized in this State to administer oaths. Said oath shall be filed with the clerk of council and by him preserved with the list of voters and tally sheets. The oath shall be entered of record on the minutes of council; Provided, that in the event of a filing of a contest to said election before the issue of certificate to and qualification of any person elected, the party whose election is contested shall not exercise the duties of his office until said contest shall have been heard and determined. Laws governing. Oath of office. Section 6. Be it further enacted, That it shall be the duty of the city clerk on the first Monday in September of each year to open a registration book to be kept at the

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office of the city clerk for the proper registration of the qualified voters of said town, and said registration book shall be kept open until the close of business on the third Monday in November of each year. It shall be the duty of the city clerk upon the application in person, and not by proxy, of any person who is qualified to vote for members of the General Assembly of Georgia, and who has paid all taxes due said Town of Flowery Branch, and who upon the day of the election next to be held after such registration will have resided in said Town of Flowery Branch for a period of six months prior thereto, to register the name of such person, recording on said list beside the applicant's name, the age, occupation or business, and the locality in said town where he or she resides. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register, and he shall administer to every such applicant for registration in person the following oath: Registration of voters. You do solemnly swear (or affirm) that you are qualified to vote for members of the General Assembly of Georgia; that you will have resided in the Town of Flowery Branch for a period of six months next preceding the next election to be held after this registration; that it is your intention to remain a resident of said Town of Flowery Branch until such election; and that you have paid all taxes due the Town of Flowery Branch and that you have made all returns required of you by the ordinances of said town: So help you God. Voter's oath. There may be an appeal from the decision of the city clerk to the town council as to the right of any person to register, and the decision thereon by the town council shall be final. All appeals shall be filed within five days from the time of the decision appealed from and shall be determined within five days from the time such appeal is filed with the clerk of such town council. In addition to

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deciding such appeals, the town council shall have authority at any time to purge the registration book of all voters illegally registered thereon, or for any reason not qualified as voters in said town. After all appeals are decided it shall be the duty of the city clerk to make a correct list of the persons qualified to vote to be known as the voters' list and furnish a certified copy of same to the managers of any elections to be held after the closing of the registration book. After a person has once been legally registered as a voter in said town, no further registration by such person shall be required, but such person shall be entitled to vote in all future elections, provided he or she shall pay all taxes due said Town of Flowery Branch before the closing of the registration book for all such future elections and shall otherwise keep themselves qualified as voters in said town. Before the opening of the polls on the day of any election to be held in said town, it shall be the duty of the city clerk to furnish the managers of such election a certified copy of the voters' list of qualified voters for said election, arranged in alphabetical order. Said list shall be kept by the election managers before them for their inspection during said election, and they shall not under any circumstances permit any one to vote whose name does not appear on said voters' list. Any election manager or superintendent violating this provision shall be guilty of a misdemeanor and punished for same as provided in the Penal Code of Georgia. Appeals. Voters' list. For all elections held at any time other than the regular elections as herein provided for, such as for the issuing of bonds by the town council, and for all special elections for any purpose whatever the registration book for said town shall be opened by the city clerk 30 days before said special election for the proper registration of all persons who may be legally entitled to register and shall be closed 10 days before the day of such election, and the list of qualified voters

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for such election shall then be made up as provided for regular elections. Registration book. Section 7. Be it further enacted, That at the first meeting of said council in each year they shall choose from their own number a mayor pro tem., who shall in the absence, sickness or disqualification of the mayor be clothed with all the rights, privileges and duties of the mayor-elect during the sickness and absence of the mayor, upon taking the usual oath and not otherwise; and if the mayor pro tempore, as well as the mayor elected by the people, shall both be unable from any cause to attend to their duties, the council shall elect another mayor pro tempore, who shall thereby be clothed with all the powers, rights and duties of the mayor of the town, upon taking the usual oath. Mayor pro tem. Section 8. Be it further enacted, That in the case of the death, resignation or removal from office, or removal from town of the mayor, the mayor pro tem. shall order an election to fill said vacancy, as is prescribed in Section 3 of this Act (in case of a failure to hold a regular election); and in case of a vacancy in the board of aldermen, arising from any cause as above mentioned, said vacancy shall be filled by an election to be ordered by the mayor or the mayor pro tem., as the case may be, in the same manner as prescribed in Section 3 of this Act, as in case of a failure to hold a regular election. Vacancy. Section 9. Be it further enacted, That no person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Eligibility. Section 10. Be it further enacted, That said mayor and council shall have power and authority to elect such marshal and clerk and treasurer and other officers that they may deem necessary for the purpose of carrying into effect the provisions of this Act and the powers hereby conferred upon them, and to prescribe the fees and pay of such subordinate

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officers, and to require such bonds for the faithful performance of the duties of such officers as they may deem necessary and proper. They shall have power to suspend or remove from office all such officers, or punish them for a breach or neglect of duty, or to suspend or remove them from office from incapacity to discharge their respective duties from any cause. Officers, authority as to. Section 11. Be it further enacted, That all ordinances, by-laws, rules and regulations now in force in said town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and aldermen of said town. Ordinances and rules of force. Section 12. Be it further enacted, That the mayor or mayor pro tem. of said town may hold a police court in said town at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said town, the punishment inflicted not to exceed a fine of one hundred ($100.00) dollars, or in default of the payment of said fine and the costs, by labor on the streets of said town, or public works of said town not to exceed 60 days, or confinement in the common jail of the said town, not to exceed 60 days. There shall be no right of appeal from the judgment of such mayor or mayor pro tem., but the right of certiorari shall exist in all criminal cases from the judgment of such mayor or mayor pro tem. Said certiorari shall be obtained in the same manner and under the same conditions as a writ of certiorari is obtained from a judgment of the justice of the peace; Provided, that no person shall be released from custody until he has first given written notice of his intention to apply for the writ of certiorari and has also given a good and sufficient bond and security, to be fixed and approved by the mayor or mayor pro tem. presiding, for his appearance to carry out and perform the sentence or judgment complained of in the event the same is finally affirmed, said bond to be in the form of other supersedeas bonds in criminal cases. Police court. Punishment. Certiorari.

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Section 13. Be it further enacted, That the mayor and other officers shall receive such pay and compensation as the mayor and council shall provide by ordinance, but their compensation shall not be increased during their term of office. Pay of officers. Section 14. Be it further enacted, That the mayor and aldermen of the Town of Flowery Branch shall have the sole and exclusive power of granting or refusing licenses to retail spiritous, ale or vinous and malt liquors in the Town of Flowery Branch, in any quantity, and for fixing the rate of said licenses and terms upon which they shall be issued, and for declaring said licenses void when said terms are not complied with; Provided, that no such licenses shall be granted as long as the sale of such liquors is prohibited in Hall County. They shall also have power to license, regulate and control tenpin alleys, billiard and pool tables, or to prohibit the establishment of such tables, and remove or abate said tables or alleys when they deem it necessary; they shall have full power and authority to license all livery stables and all automobiles, buses, trucks, buggies, hacks, wagons, carts, and drays and other conveyances kept or used for hire in said town, and fix such rules and regulations as they may deem necessary to govern any person engaged in carrying passengers in or out of said town for pay; they shall have power to provide and to care for and make all necessary repairs to cemeteries for said town; to regulate and provide for the burial of the dead therein; and may sell or convey by deed or grant to persons who may wish to purchase any vacant and unoccupied lots in said cemetery for burial purposes; shall have power to employ a sexton for same, with such assistance as may at any time be necessary and do whatever they may deem best to preserve, protect and beautify said cemeteries. Licenses and regulations. Section 15. Be it further enacted, That said Town of Flowery Branch, by and through its town council, is hereby

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authorized to grant or refuse franchises to any individual, firm or corporation to build, construct, own, maintain, and operate a system or systems of electric light and power, or telephone or telegraph lines and poles, or waterworks, or gas works, or sewerage systems, or any other public utility service, and any plant, machinery, and operation necessary or incidental to any of said purposes, through, over, and under the streets, highways, alleys, sidewalks, or other public places in said town, and to grant or refuse any rights-of-way for any or all of said purposes, upon such terms and conditions and for such a period of time not exceeding 50 years as said town council shall deem fit and proper. Franchises. Section 16. Be it further enacted, That said Town of Flowery Branch, by and through its town council, shall have power and authority to condemn property for public purposes as provided by the laws of this State, and in like manner shall have authority and power to condemn property without the corporate limits of said town for the following public purposes and uses, to wit: Waterworks, sewerage system, cemeteries, parks, and dumping grounds for garbage, or other similar purposes, or light and power plants. Condemnation. Section 17. Be it further enacted, That said town, acting through its town council, shall have full power to enact, institute, and enforce all health and sanitary measures that may to said town council seem necessary and proper to preserve the public health and safety of said town and its citizens; and to enact and enforce such regulations and ordinances as may be necessary or proper for the enforcement of all such regulations. Health regulations. Section 18. Be it further enacted, That said town shall have power and authority to prevent stock and animals of any kind from running at large in said town and to provide by ordinance for the redemption of, impounding of, or sale of the same, and to enact all such laws and ordinances

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as may be necessary to carry out the provisions of this section. Animals at large. Section 19. Be it further enacted, That said corporation shall have full power and authority to assess and levy and collect all taxes upon real and personal estate within the corporate limits of said town as they may deem necessary for the support and government of said town and its various interests and institutions not inconsistent with the laws and Constitution of this State, and collect such tax and licenses on trades, business occupations, picture shows, theatrical exhibitions or other performances exercised, performed or exhibited within the limits of said town as may be deemed proper; and fix and collect such taxes on circuses, menageries and all shows of domestic animals or other shows, as may be deemed proper by said mayor and aldermen. Taxing powers. Section 20. Be it further enacted, That said mayor and aldermen may establish within the corporate limits of said town and maintain the same a system of public schools, and for this purpose shall have power and authority to assess and collect an additional tax of not more than one-half of 1% on all taxable property within said town for the support and maintenance of said schools. Schools. Section 21. Be it further enacted, That said mayor and aldermen shall have power and authority to order elections at various times to determine the issue of bonds, and to issue bonds in accordance therewith for the purchase of lands and property for school purposes, to build and equip school buildings, to curb and pave streets, to erect and install light and power plants, waterworks and sewer systems, and for such other public improvements as they may deem proper; and they are further authorized and empowered to levy, assess, and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on such bonds as

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they shall become due, and to pay the principal and interest on such bonds as now may be legally outstanding against said town. Such tax shall be separately assessed and collected for the specific purposes herein designated and shall not be used or applied to any other purpose whatsoever. Bond elections. Section 22. Be it further enacted, That the mayor and aldermen of said town shall have full power and authority to remove, or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said town; to regulate all butcher pens, tanyards, garages, gas or steam boilers and engines, blacksmith shops, forges, stoves and chimneys within said town, and to remove, or cause to be removed, the same, or any of them, in case they should become dangerous or injurious to the health of any citizen of the town, or become nuisances; and also to fill up all pits, cellars and excavations in said town, or cause the owner to do so when the council shall deem it necessary to be done; also full power to regulate and control all pumps, wells, livery stables, fire companies and engine companies, or any apparatus of like character within said town; also to license and regulate all taverns, hotels, boarding houses and other public houses in said town. Nuisances. Section 23. Be it further enacted, That all males over the age of 21 years and under the age of 50 years, who have resided in said town 10 days, shall be subject to work the streets and roads of said town not exceeding 15 days in each year, or to be taxed therefor as the council may direct or determine by a commutation tax not to exceed four ($4.00) dollars per annum; and the mayor and council shall have full power and authority to call out each and every male person within the jurisdiction of said corporation, subject to street duty, who shall be compelled to do road and street duty according to the laws of said town; and the said mayor and council shall have power to punish defaulters by a fine of not more than two ($2.00) dollars

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a day for each day's default, and in default of the payment of said fine to work upon the streets or public works of said town not less than 10 or more than 30 days; or the said mayor and council shall have the power to levy and collect a tax in lieu of such road or street duty from all persons subject thereto, and no person who shall be indebted to said town in any tax, fine, fee or assessment shall be allowed to vote at any election held under this charter. Street tax or road work. Section 24. Be it further enacted, That the mayor and council of said town shall have full power and authority to open and lay out, to widen, straighten or otherwise change streets and alleys in said town. Whenever the mayor and council shall exercise the power above delegated they shall appoint two freeholders, and the owner or owners of lots facing or fronting on said streets or alleys, or to be affected, injured or taken in part or wholly by the proposed improvement or change, shall on five days' notice appoint two freeholders, who shall proceed to assess the damage sustained or advantages derived by and the amount to be paid by the owner or owners of said lots in consequence of the opening, widening, straightening or otherwise changing said streets or alleys. And said assessors shall take an oath that they will faithfully discharge their duties, and either party shall have the right to enter an appeal to the Superior Court of Hall County within 10 days of the rendition of said award under the same rules and regulations that govern appeals from the justice's court, and the amount of damages to be paid said owners as finally settled shall be paid by the mayor and council, and any amount found to be paid by any lot owner shall be assessed against the property of said owner by the mayor and council and be due upon such assessment. Street improvements. Assessments of property. Section 25. Be it further enacted, That the mayor or mayor pro tem., when presiding at any meeting of the board of council or holding a police court, shall have the power to

Page 1890

punish for contempt by fine not exceeding five ($5.00) dollars or imprisonment not exceeding 24 hours for each offense, or may imprison in default of the payment of said fine for 24 hours, in the discretion of the officer presiding. Contempt of court. Section 26. Be it enacted, That the mayor and aldermen of said town shall have power to curb, pave, drain and keep in good order and repair the roads, streets, sidewalks, alleys, crosswalks, drains and gutters in said town for the use of the public or any of the citizens thereof; to regulate the operation and speed of automobiles, to protect divine worship; to regulate the keeping of gunpowder or other combustibles; to fix and establish fire limits, and from time to time to enlarge, restrict or change the same, and to make such rules and regulations and to pass such ordinances and enforce the same as may be necessary to carry out the aforesaid powers. Regulatory ordinances. Section 26. Be it further enacted, That should any person fail or refuse to pay any tax, license, fine, assessment, or other charge imposed by the governing authorities of said town according to this charter within the time allowed or prescribed by the ordinances of said town, the town clerk shall issue an execution against such delinquent for the amount due by him, which execution shall be signed by the clerk in his official capacity and bear test in the name of the mayor and aldermen of the Town of Flowery Branch. Tax executions. Section 27. Be it further enacted, That all writs, processes, subp[oelig]nas, rules nisi for forfeiture of bonds, all executions issued in behalf of the town for the collection of taxes, fines, forfeitures, or for other purposes, shall be directed to the marshal of said town and all and singular the sheriffs and deputies of this State signed by the clerk and bearing test in the name of the mayor of said town; and sheriffs and their deputies are empowered and required to serve and execute all writs, processes and warrants, subp[oelig]nas,

Page 1891

executions, etc., issued as aforesaid when the parties or property to be proceeded against are without the corporate limits of said town of Flowery Branch; and the marshal or deputy marshal shall serve and execute all processes, writs, warrants, executions, subp[oelig]nas, etc., issuing as aforesaid when the parties or property to be proceeded against are within the corporate limits of said town. All property levied on under such executions by the marshal or deputy marshal shall be sold before the door of the city hall in said town or at such place as may be prescribed by the town council, after advertising such sale by posting notice thereof in three of the most public places in said town at least 10 days before the date of sale, such notice to include a statement of the time and place of such sales; and in the case of real estate the sale thereof shall also be advertised once a week for four weeks in the official organ of Hall County before selling the same. All property levied on under such executions by the sheriff or deputy sheriff of said county shall be sold before the courthouse in said county within the legal hours of sale on the first Tuesday of some month after advertising the same for four weeks in the public gazette of Hall County. All such sales shall be at public outcry to the highest and best bidder. Where the sale is of personal property, the same shall be delivered forthwith to the purchaser upon his paying the purchase price. When real estate is sold the levying officer shall make to the purchaser a deed thereto which shall be as effectual in passing title as deeds under other judicial sales in this State. Service and execution of processes, etc. Levy and sale. Section 28. Be it further enacted, That whenever any execution issued by proper authority of the governing authorities of said town shall be levied on any property which is claimed by any person other than a party to the execution under which said property is seized, said claim shall be interposed under the rules and regulations as apply to claim cases under the laws of this State, and said claims shall be returned to and tried in the Superior Court of Hall

Page 1892

County, Georgia, except where such claims are filed to real estate the claims shall be returned to and tried in the Superior Court of the county in which such real estate lies. Claim on levy. Section 29. Be it further enacted, That the mayor or mayor pro tem. and any three aldermen, shall form a quorum for the transaction of business, and the mayor or mayor pro tem. shall have the casting vote, and the majority of votes may determine any and all questions and elections before the council. Quorum and vote. Section 30. Be it further enacted, That all ordinances, rules and regulations passed by the mayor and board of aldermen shall before becoming operative be entered on the minutes or ordinance book of the board of council and be published at least once in some newspaper having a general circulation in the town, or be posted at two or more prominent places in said town. Publication of ordinances, etc. Section 31. Be it further enacted, That the expenditures of the mayor and aldermen and the compensation of the town officers shall be paid out of the town funds in the hands of the treasurer, who shall keep a book in which he shall make an entry of all sums of money paid out and to whom and for what purpose; which book shall at all times be subject to the inspection of the mayor and aldermen of said town, or any or either of them or any citizen of said town; and likewise entries shall be made of all sums of money paid into the hands of the treasurer by the provisions of this Act, and the same shall be, and is hereby, directed to be a fund for the exclusive use of said town; Provided, that all sums of money arising from the sale of lots in the cemetery of said town shall be used only for the care, keeping, use and adornment of said cemetery. Record of expenditures. Inspection. Section 32. Be it further enacted, That it shall be the duty of taxpayers and owners of all taxable property within said town, either by themselves or by an agent, to make annual returns under oath to the clerk of the council of said

Page 1893

town, or such other officers as the mayor and aldermen of said town may appoint for said purpose, at such time as said mayor and aldermen may fix or limit, of all their taxable property, trades, business or profession in said town held or exercised in their own right or in the right of any other person, and in case any person or persons shall fail to make said returns, or shall make any return deemed incorrect by the mayor, said mayor may assess the property of such person and may fix such value thereof as he may deem correct and just. If any owner of property thus assessed by the mayor of said town shall feel aggrieved by the assessment thus made by him he may appeal to the council of said town, who may make such reduction or increase as may to them seem just and reasonable and the decision of said council in fixing the value of said property shall be final. Tax returns. Assessments. Section 33. Be it further enacted, That no person holding office under this charter shall at any time during the term for which he was elected or appointed, or while in office, be capable of contracting with such corporation for the performance of any work or the sale of anything which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or another, directly or indirectly. Contracts barred. Section 34. Be it further enacted, That the mayor and aldermen of said town shall have full power, whenever they may deem it necessary, to require railroads in said incorporate limits to make crossings on their several roads where they cross the public streets or roads in said town for the convenience of the traveling public, and to keep the same open for travel, and to pass ordinances, needful for the carrying out of the provisions of this section. And in case said railroads shall fail or refuse to make said crossings when notified so to do the mayor and council shall have the power to put same across said railroads at the expense of

Page 1894

said railroads, and may issue their executions and levy and collect the same as provided by law for executions of municipal taxes. Railroad crossings. Section 35. Be it further enacted, That the mayor or mayor pro tem. while acting as mayor, shall have the right to vote on all questions before the council when said vote is a tie, and said mayor or mayor pro tem. when acting as mayor, shall have the right to veto any measure passed by the council, which veto must be filed in writing within four days after the passage of such measure and be entered of record on the minutes of the council; and said measure shall not be effectual until passed over said veto by as many as three votes of the council at the first or second regular meeting of council after said veto is filed, and not thereafter. Mayor pro tem. Veto. Section 35. Be it further enacted, That said Town of Flowery Branch by and through its town council, shall have the power and authority to open, lay-out, build, pave, construct, repave, repair, and otherwise improve the streets, sidewalks, alleys, lanes, and other public places in said town of Flowery Branch as and when said town council may deem it necessary and proper. Street improvements. Section 36. Whenever said town council, hereinafter referred to as the governing body of said town of Flowery Branch, shall deem it necessary to pave or otherwise improve any street, sidewalk, alley or other public place in said town, or any part thereof either in length or width, and said governing body shall by resolution declare such improvement necessary to be done, and publish such resolution once a week for at least three consecutive weeks in the newspaper in which the sheriff's advertisements of the county in which such municipality is located are published, and if the owners of a majority of the lineal feet of frontage of the lands abutting on said improvement shall not in fifteen days after the last day of publication of such resolution

Page 1895

file with the clerk of the city their protest in writing against such improvement, then said governing body shall have power to cause said improvement to be made, and to contract therefor, and to make assessments and fix liens as provided for herein. Any number of streets or any part or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street separately; Provided, however, that if the owners of a majority of the lineal feet of frontage of the land liable to assessment for such improvement shall petition the governing body for such improvement, citing this Act and designating by general description the improvement to be undertaken and the street or streets or part thereof to be improved, it shall thereupon be the duty of said governing body to proceed, as hereinafter provided, to cause said improvements to be made in accordance with the prayers of said petition and their own best judgment, and in such cases the resolution hereinbefore mentioned shall not be required. The petition shall be lodged with the clerk of the municipality, who shall investigate the sufficiency thereof, submit the petition to the governing body, and certify the result of his investigation. Publication of resolution. Protests. Proviso. Section 37. That each lot or parcel of land abutting upon said improvement shall be charged on a basis of lineal-foot frontage at an equal rate per foot of such frontage with its just pro rata of the entire cost of said improvement, less any amounts paid by street or steam railways or others; Provided, however, that the cost of the sidewalks, curbs, and gutters shall be charged entirely to the lots or parcels of land abutting on that side of the street upon which the same are constructed. The frontage of intersecting streets shall be assessed as real estate abutting upon the improvement, and the municipality, for all purposes of this Act, shall be deemed to be the owner thereof, and the mayor shall have authority to sign the petition or file objections provided for herein; and the governing body of the municipality

Page 1896

shall pay from the city treasury, as other current bills are paid, its just pro rata of the entire cost of said improvement, unless the owners of a majority of the aforesaid frontage in the petition hereinbefore provided for shall agree to pay the entire cost of said improvement, or unless in the resolution hereinbefore provided for it shall be stated that the entire cost of the improvement is to be paid by the abutting property owners. Basis of assessments. Section 38. That any railroad or street railway having tracks located in a street at the time of the proposed improvement as provided herein shall be required by the governing body to pave the width of its tracks and two feet on each side thereof, and, except as hereinafter provided, with the same material and in the same manner as the rest of the street is to be paved, and such work shall be performed under the supervision and subject to the approval of the city's engineer, and if such railway shall not, within a period of thirty days after receipt by such railway of the notice to do such work, agree in writing to comply with such order, or if the work is not completed to the satisfaction of the city's engineer within such time as may be prescribed by the governing body, said governing body may have such work done and charge the cost and expense thereof to such railway company located in the municipality, and said lien shall have the same rank and priority and shall be enforced in the same manner as the liens provided for herein. The governing body may, however, require such paving to be of a different material and manner of construction, when, in its judgment such is rendered necessary by the railway uses of the street. Railroads charged. Section 39. That whenever the petition provided for herein is presented, or when the said governing body shall have determined to improve any street, and shall have passed the resolution provided for herein, the said governing body shall then have the power to enact all ordinances

Page 1897

and to establish all such rules and regulations as may be necessary to require the owners of all the property abutting on the improvement and of any railway in said street to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer pipes in and underneath the streets where such improvement is to be made, and all cost and expense of making such connections shall be taxed solely against such property, but shall be included and made a part of the general assessment to cover the cost of such improvement. Pipe connections. Section 40. That after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for such improvement signed by the owners of a majority of the frontage of the land to be assessed, if such petition be found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said governing body to proceed with the said improvement, stating the kind of improvement and defining the extent and character of the same, and other such matters as may be necessary to instruct the engineer employed by said municipality in the performance of his duties in preparation for such improvement the necessary plans, plats, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said governing body shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and said governing body shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in the Act entitled Contractors of Public Work Bonded, approved August 19, 1916, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvements for a period of not

Page 1898

less than five years from the time of its completion, or both, in the discretion of said governing body. Said resolution shall also direct the clerk of said municipality to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall be published in at least six consecutive issues of a daily paper, or at least two of a weekly paper, having a general circulation in said municipality, and shall state the street or streets to be improved, the kinds of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed with and when and where the same will be considered by said governing body. At the time and place specified in such notice the governing body shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by said governing body as prescribed in such resolutions and notice for proposals, and the said governing body shall have the rights to reject any and all bids and re-advertise for other bids when the bids submitted are not, in its judgment, satisfactory. Resolution. Contracts. Bond. Advertisement. Section 41. That after the said contract is let and the cost for such improvement, which shall include all other expenses incurred by the city incident to said improvement in addition to the contract price for the work and materials, is ascertained, the said governing body shall by resolution appoint a board of appraisers consisting of three members to appraise and apportion the cost and expense of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within thirty days from the date of the resolution appointing said board, it shall file with the clerk of the municipality a written report of the appraisal and the assessment and cost upon the several lots and tracts

Page 1899

of land abutting on said street, or upon the property of any street or steam railway whose tracks are located in such street where such railway has failed or refused to do the paving provided herein when and as required by the governing body. When said report shall have been returned and filed, the said governing body shall appoint a time for the holding of a session, or shall designate a regular meeting of their body for the hearing of any complaints or objections that may be made concerning the said appraisement, apportionment, and assessment by any person interested, and notice of such session for the said hearing shall be published by the clerk of the governing body once a week for two weeks in a newspaper having a general circulation in said municipality, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than ten days from the date of the last publication. The said governing body at said session shall have power, and it shall be its duty, to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said governing body. The said governing body shall by ordinance fix the assessments in accordance with said appraisement and opportionment, as so confirmed, against the several tracts of land liable therefor; Provided, however, that the rate of interest to be taxed shall not exceed one per cent. per annum over and above the rate of interest stipulated in the bonds herein provided for. Assessment in conformity to said appraisement and apportionment as confirmed by said municipality shall be payable to the treasurer of such municipality in cash, and, if paid within thirty days from the date of the passage of said ordinance, without interest; Provided, however, that in the event of the owner of the land or of any street railway so assessed shall within thirty days from the passage of the ordinance making the

Page 1900

assessment final, file with the clerk of the said municipality his or its written request asking that the assessments be payable in installments in accordance with the provisions hereof, the same shall thereupon be and become payable in ten equal annual installments and shall bear interest at the rate of not exceeding 7% per annum until paid, and each installment together with the interest on the entire amount remaining unpaid shall be payable each year at such time and place as shall be provided by resolution of the governing body. Appraisers. Reports. Advertisement. Hearing and review. Assessments. Payments. Section 42. That such special assessment and each installment thereof, and the interest thereon and the expense of collection, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall be fully paid, and shall be enforced in the same manner as are liens for city taxes. Lien. Section 43. That the said governing body, after the expiration of thirty days from the passage of said ordinance confirming and levying said assessment, shall by resolution provide for the issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date not more than 30 days after the passage of the ordinance fixing the said assessment and of such denomination as the said governing body shall determine, which bond or bonds unless authority is hereafter granted and exercised for making the same a direct obligation of the municipality, shall in no event become a liability of the municipality, or of the governing body of the municipality issuing same. One-tenth in amount of any such series of bonds with interest upon the whole series to date, shall be payable on such date and at such place as may be determined by the governing body, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the same day in each succeeding year until all shall be paid.

Page 1901

Such bonds shall bear interest at a rate not exceeding 6% per annum from their date until maturity, payable annually, and shall be designated as street-improvement bonds, and shall on the face thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued, and, unless authority is hereafter granted and exercised for making the same a direct obligation of the municipality, that they are payable solely from assessments which have been fixed upon the lots or tracts of land benefited by said improvement under authority of this Act. Said bonds shall be signed by the mayor or chairman of the board of commissioners, and attested by the clerk of the governing body, and shall have the impression of the corporate seal of such municipality thereon, and shall have interest coupons and all bonds issued by authority of this Act shall be payable at such place either within or without the State of Georgia as shall be designated by said governing body. Said bonds shall be sold by said governing body at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses incurred pursuant to the provisions of this Act, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said governing body shall direct. Any proceeds from the sale of said bonds remaining in the hands of the treasurer after the payment hereinbefore provided for shall go into the treasury of the municipality as compensation for the services to be rendered by it as contemplated herein. Bonds. Section 43. That the assessment provided for and levied under the provisions of this Act shall be payable as the several installments become due, together with the interest

Page 1902

thereon, to the treasurer of the municipality, who shall keep an accurate account of all such collections by him made, and such collections shall be kept in a special fund to be used and applied for the payment of such bonds and the interest thereon and expenses incurred incident thereto, and for no other purpose, until all said bonds are paid in full; and said treasurer shall give bond in amount to be fixed by the governing body, conditioned upon the faithful performance by him of the duties imposed herein. It shall be the duty of said treasurer, not less than 30 days and not more than 50 days before the maturity of any installment of such assessments, to publish at least one time, in a newspaper having a general circulation in said municipality, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street or streets or other public places for the improvement of which such assessments have been levied, and that, unless the same shall be promptly paid, proceedings will be taken to collect said installment and interest, or in lieu thereof to mail such notice within the time limits aforesaid to the owners of record of the property affected, at their last known address. And it shall be the duty of said treasurer, promptly within 15 days after the date of the maturity of any such installment or assessment or interest, to issue an execution against the lot or tract of land assessed for such improvement or against the party or person owning the same for the amount of such assessment or interest, and shall turn over the same to the marshal or chief of police of the municipality or his deputy, who shall levy the same upon the abutting real estate liable for such assessment, and previously assessed for such improvements, and after advertisement and other proceedings as in the case of sales for city taxes the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided in Sections 880, 1169,

Page 1903

1170, 1171, and 1172 of the Code of Georgia of 1910; Provided, That the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid and collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to the railroads or street railways against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due and, when received by the city marshal or chief of police, shall be returned to the Superior Court of the county wherein the municipality is located, and there be tried and the issue determined as is in cases of illegality, subject to all the pains and penalties provided for in other cases of illegality for delay under the Code of Georgia. The failure of said treasurer or clerk to publish or mail said notice of maturity of any installment of said assessment and interest shall in no wise affect the validity of the assessment and interest and the execution issued therefor. Account of funds. Execution, levy and sale. Illegality. Section 44. That no suit shall be sustained to set aside any such assessment, or to enjoin the said governing body from making or fixing or collecting the same or issuing or levying executions therefor or issuingsuch bonds or providing for their payment as herein authorized, or contesting the validity thereof on any grounds or for any reason other than the failure of the governing body to adopt and publish the preliminary resolution provided for in Section 3 of this Act in cases requiring such resolution and its publication, or to give notice of the hearing of the return of the appraisers as herein provided for, unless such suit shall be commenced within thirty days after the passage of the ordinance making such assessment final; Provided, that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said governing

Page 1904

body may at any time, in the manner provided for the making of an original assessment, proceed to cause a new assessment to be made and fixed, which shall have like force and effect as an original assessment. Limitation of suit. Section 45. That whenever the abutting-land owners of any street of said municipality petition the governing body as herein set out, or said governing body pass the resolution provided for in Section 3 of this Act, for the improvement of any street where the county is owner of property on said street, and the governing body of such county has assented to the proposed improvement and has provided funds to pay in cash its proportionate part of the cost of said improvement, the frontage so owned is to be counted as if owned by an individual, for all the purposes of this Act and the chairman of the board of commissioners of such county is authorized to sign the aforesaid petition or file objections in behalf of the county. County as owner. Section 46. Said Town of Flowery Branch, acting by and through the mayor and aldermen thereof, shall have the right and authority to pay any portion of the total cost of the improvements of streets, sidewalks and other public places as herein contemplated, not to exceed one-half of the cost of improving that portion of Main Street lying between the northwest side of Railroad Avenue and the southeast side of Church Street, and not to exceed one-third of the total cost of improving any other street or public place in said town. And in the event said town exercises this right and authority to pay any portion of such total cost, then the balance may be assessed against the abutting property or the owners thereof, or the owners of any street or steam railway therein, as hereinbefore provided, the town to pay also its pro rata cost as to street intersections, etc. Payment by town. Section 47. Be it further enacted, That if any portion of this Act shall be held invalid only such portion shall fall

Page 1905

and the balance of said Act and of the charter hereby created shall not be affected thereby. Invalidity. Section 48. Be it further enacted that Georgia Laws 1903, pages 516-523, No. 437, and all other Acts and laws incorporating the Town of Flowery Branch in the county of Hall and State of Georgia and all amendments thereto are hereby revised, amended, consolidated 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 are hereby repealed. Acts consolidated. Approved March 30, 1937. FORSYTH LIGHT AND WATER SYSTEMELECTION AS TO SALE. No. 30. An Act to amend section of the Act consolidating and codifying the various Acts incorporating the City of Forsyth, in the County of Monroe, approved December 18, 1902, and an Act amendatory thereof approved August 14, 1905, by adding after the semicolon ; following the word sell in the twelfth line in Section 2 of the Acts of 1902, page 427, the following: Provided the mayor and aldermen of the City of Forsyth shall not have power to sell the electric light and distribution plant or system and/or waterworks plant owned by the City of Forsyth, unless and until an election is held in said municipality to be determined by the duly and legally qualified registered voters in said city whether or not same may be sold. Provided, further, that no election to determine the sale of said property shall be held unless 50% of the duly and legally qualified registered voters of said city shall file a petition with, and addressed to, the mayor and aldermen

Page 1906

of the City of Forsyth requesting an election to be held to determine the sale or no sale of said property, whereupon it will be the duty of the mayor and aldermen to call said election within forty days thereafter, and to be held within ninety days after the call and order by city council. Provided, further, that in the event an election is had to determine the sale of the electric light and distribution system or plant and/or waterworks plant, it will be necessary, in order to empower the mayor and aldermen to sell said electric light and distribution system or plant and/or waterworks plant, to obtain the assent of three-fourths ([frac34]) of the duly and legally qualified registered voters voting in said election in favor of the sale of said electric light and distribution system or plant and/or waterworks plant, which three-fourths ([frac34]) so voting in favor of said sale shall be a majority of the duly qualified registered voters, as shown by the number on voters' list in said city; and for other purposes. Section 1. Forsyth, City of. 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, being an Act to amend an Act, approved December 18, 1902, codifying the various Acts incorporating the City of Forsyth and an Act amendatory thereof, approved August 14, 1905, that said Act approved December 18, 1902, be and the same is, hereby amended by adding after the semicolon ; following the word sell in the twelfth line in Section 2 of the Acts of 1902, page 427, the following: Provided, the mayor and aldermen of the City of Forsyth shall not have the power to sell the electric light and distribution system or plant and/or waterworks plant, owned by the City of Forsyth, unless and until an election is held in said municipality to be determined by the duly and legally qualified registered voters in said city whether or not same may be sold. Provided further, that no election to determine the sale of said property shall be

Page 1907

held unless 50% of the duly and legally qualified voters of said city shall file a petition with and addressed to the mayor and aldermen of the City of Forsyth requesting an election to be held to determine the sale or no sale of said property, whereupon it will be the duty of the mayor and aldermen to call said election within forty days thereafter, and to be held within ninety days after the call and order for election by city council. Provided further, that in the event an election is had to determine the sale of the electric light and distribution system or plant and/or waterworks plant, it will be necessary, in order to empower the mayor and aldermen to sell said electric light and distribution system or plant and/or waterworks plant, to obtain the assent of three-fourths ([frac34]) of the duly and legally qualified registered voters voting in said election in favor of the sale of said electric light and distribution system or plant and/or waterworks plant, which three-fourths ([frac34]) so voting in favor of said sale shall be a majority of the duly qualified registered voters, as shown by the number on voters' list in said City, and for other purposes, so that said section when amended will read as follows: Acts of 1902 and 1905 amended. Section 2. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the municipal government of the City of Forsyth shall be vested in a mayor and six aldermen, who are hereby declared a body corporate under the name and title of The Mayor and Aldermen of the City of Forsyth, and by said name may sue and be sued, contract and be contracted with, hold and possess property, whether real or personal, whether within or without the limits of said city, by gifts, donations, lease or purchase, for the use of said city and the inhabitants thereof; have and use a common seal; and by said corporate name may lease, convey or sell whatsoever property they may have authority to sell; Provided the mayor and aldermen of the City of Forsyth, shall not have the power to sell the electric light and distribution system or plant

Page 1908

and/or waterworks plant owned by the City of Forsyth, unless and until an election is held in said municipality to be determined by the duly and legally qualified registered voters in said city whether or not same may be sold. Provided further that no election to determine the sale of said property shall be held unless 50% of the duly and legally qualified registered voters of said city shall file a petition with and addressed to the mayor and aldermen of the City of Forsyth requesting an election to be held to determine the sale or no sale of said property, whereupon it will be the duty of the mayor and aldermen to call said election within forty days thereafter, and to be held within ninety days after the call and order by city council. Provided further, that, in the event an election is had to determine the sale of the electric light and distribution system or plant and/or waterworks plant, it will be necessary, in order to empower the mayor and aldermen to sell said electric light and distribution system or plant, and/or waterworks plant, to obtain the assent of three-fourths ([frac34]) of the duly and legally qualified registered voters in said election in favor of the sale of said electric light and distribution system or plant and/or waterworks plant, which three-fourths ([frac34]) so voting in favor of said sale shall be a majority of the duly qualified registered voters, as shown by the number on voters' list in said city; and for other purposes. Election as to sale. Petition required. Three-fourths vote. Section 3. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 11, 1937. GAINESVILLE CHARTER POWERS. No. 451. An Act to amend certain Acts creating the City of Gainesville and Acts amendatory thereof as contained in Georgia

Page 1909

laws 1821 page 6, 1832 page 200, 1841 page 50, 1873 page 139, 1877 page 163, 1882-3 page 402, 1892 page 168, 1823 page 175; to re-enact all the provisions contained in various Acts above enumerated which have not been either expressly repealed or repealed by necessary implication and to re-enact the provisions contained in Georgia Laws 1922, page 834, Public Act No. 426, as contained in Georgia Laws 1922, from page 834 to page 867 inclusive, and from Section 1 to Section 56, both inclusive, and all laws amendatory thereof, and to provide that the City of Gainesville be empowered to levy a tax not exceeding seventy-five cents on the $100.00 on all property within the corporate limits in said city for school purposes and that said city be invested with the power to condemn any property for public purposes; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the charter of the City of Gainesville be and the same is hereby amended so as to re-enact and re-invest said City of Gainesville with all the power and authority heretofore conferred upon it by Georgia Laws 1821 page 6, 1832 page 200, 1841 page 50, 1873 page 139, 1877 page 163, 1882-3 page 402, 1892 page 168, 1823 page 175, Georgia Laws 1922 page 834 to 867 inclusive, which have not been expressly repealed or repealed by necessary implication and to establish and re-enact all the provisions contained in Georgia Laws 1922 pages 834 to 867, Public Act No. 426 as shown by Section 1 to Section 56 inclusive, so that from and after the passage of this Act the City of Gainesville will be vested with all the powers conferred upon it by any of the Acts hereinbefore referred to which have not been expressly repealed or repealed by necessary implication. Charter amended. Re-enactments. Section 2. Be it further enacted, That from and after the passage of this Act the City of Gainesville by and

Page 1910

through its commissioners or other governing body shall be and is hereby vested with the power and authority to levy a tax not exceeding seventy-five cents on the $100.00 of all property located within the corporate limits of said city and subject to an ad valorem tax by said city for school purposes. Ad valorem tax. Section 3. Be it further enacted, That the said City of Gainesville shall be and is hereby vested with power and authority to condemn any private property, either real or personal, for public purposes, whether the property to be condemned be located within or without the city limits of said city. Condemnation of property. Section 4. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 30, 1937. GRIFFIN CHARTER AMENDMENTS. No. 219. An Act to amend An Act to revise and consolidate the several Acts of the General Assembly of Georgia granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city, to declare the rights and powers of said municipality and for other purposes, approved July 21, 1921, and Acts amendatory thereof, by amending Section 31 of the charter of the City of Griffin to provide for the manner of sale, lease, and disposition of any and all public utility plants and franchises now owned by the City of Griffin, or that may hereafter be owned by said city by amending Sections 6, 7, and 10 of said charter of the City of Griffin; to provide for the term of office of the Board of Commissioners and members thereof; to provide

Page 1911

for a majority vote for the election of each commissioner; to provide for the selection of the chairman of the Board of Commissioners for the City of Griffin; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: That Section 31 of an Act approved July 21, 1921, the same being, An Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia; to amend the charter of said city, to declare the rights and powers of said municipality, and for other purposes, and Acts amendatory thereof, be amended by adding to Section 31 of said Act the following: Act of 1921 amended. The City of Griffin and its Board of Commissioners shall have no power or authority to sell, lease, or dispose of in any manner any of its public utility plant or plants, including light, water, and other public utilities now owned by said city or hereafter owned by said city, until ratified by a three-fourths ([frac34]) majority vote of the qualified voters of said city voting in an election specially called by the Board of Commissioners for the City of Griffin, Georgia, for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks next preceding said election date, stating the time and place for said election and the purpose for which same is to be held. The City of Griffin and its Board of Commissioners shall have no power or authority to grant, sell, lease, or dispose of any franchise for the sale of electric service, or for the sale and distribution of electric power, electric lights, and water, in the City of Griffin, until said grant, sale, or lease shall have been ratified by a three-fourths ([frac34]) majority vote of the qualified voters of said city voting in an election specially called for said purpose. A notice of

Page 1912

said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks next preceding said election date, stating the time and place for said election and the purpose for which same is to be held. So that Section 31 when amended, shall read as follows: Section 31. Powers of Commissioners over Lights, Water, and Sewerage Department. The Board of Commissioners is invested with full power and authority to acquire, maintain, extend, improve, modify, and operate systems of light and water plants, including gas plants, now or hereafter to be owned and operated by said city, to establish, equip, maintain, modify, and operate a system of sewers in said city, and to rent or purchase real estate and apparatus necessary to the proper conduct of electric light, water, and sewer systems, and gas works, and hold the title to the same; to receive and disburse all moneys that may arise from the sale of bonds, or from any other source whatever. The City of Griffin and its Board of Commissioners shall have no power or authority to sell, lease, or dispose of in any manner any of its public utility plant or plants, including light, water, and other public utilities now owned by said city or hereafter owned by said city, until ratified by a three-fourths (3/4) majority vote of the qualified voters of said city voting in an election specially called by the Board of Commissioners for the City of Griffin, Georgia, for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks next preceding said election date, stating the time and place for said election and the purpose for which same is to be held. The City of Griffin and its Board of Commissioners shall have no power or authority to grant, sell, lease, or dispose of any franchise for the sale of electric service, or for the sale and distribution of electric power, electric lights, and water, in the City of Griffin, until said grant, sale, or lease shall

Page 1913

have been ratified by a three-fourths (3/4) majority vote of the qualified voters of said city voting in said election specially called for said purpose. A notice of said election shall be published in the official gazette in and for Spalding County once a week for four (4) successive weeks next preceding said election date, stating the time and place for said election and for the purpose for which same is to be held. Public-utility disposal. Election and three-fourths vote required. Be it further enacted by the authority aforesaid, That said charter of the City of Griffin approved July 21, 1921, and amendments thereto, be further amended by striking therefrom Section 6, Commissioners' Term of Office, in its entirety, and inserting in lieu thereof the following to be known as, Section 6, Commissioners' Term of Office: Section 6. Commissioners' Term of Office. (a) On the first Tuesday in November, 1938, an election shall be called as now provided by the charter of the City of Griffin for the election of three (3) commissioners to serve for a term of one, two, and three years respectively, or until their successors are elected and qualified, unless removed in accordance with the provisions of this charter. Each candidate at said election shall announce for which term he is seeking election, and no candidate shall be declared elected unless he shall receive a majority of the votes cast in said election for said term of office, and the manager of the election shall give the person receiving a majority vote of all qualified voters voting in said election a certificate of election, which certificates shall entitle the holder to be installed into office at the first regular meeting of the commissioners in December thereafter. Election and terms of commissioners. (b) Thereafter annually on the first Tuesday in November, one commissioner shall be elected for a term of three years to fill the term expiring that year, under the rules and regulations now provided for holding said election, and the manager of the election shall give the person receiving

Page 1914

a majority vote of all qualified voters voting in said election a certificate of election, which certificate shall entitle the holder to be installed into office at the first regular meeting of the commissioners in December thereafter. Be it further enacted by the authority aforesaid that Section 7 of said Act approved July 21, 1921, amending the charter of the City of Griffin and amendments thereto, be amended by striking in its entirety Section 7 thereof entitled, Commissioners. Election How Determined, and inserting in lieu thereof the following to be known as Section 7 of said charter: Section 7. Commissioners. Election How Determined. New elections. (a) In the election to be held for three (3) commissioners on the first Tuesday in November, 1938, in the event no candidate or candidates for said respective terms shall receive a majority of the qualified votes cast in said election for said respective terms, or in the event there shall be a tie vote between the candidates for any of said terms of office, then in such event a new election shall be ordered by the ordinary of Spalding County, Georgia, to be held on the first Tuesday next succeding said election, which election shall be only between the two highest candidates in said last election for the term for which they offered; and in the event of a tie vote between the two or more highest candidates, the run-over election shall be between them; and in the event of a tie vote between the second highest, then the highest and all second highest candidates shall be entitled to run in said run-over election, and this election shall be held under the same rules and regulations governing the first election. An election shall be called as often as may be necessary by the ordinary of Spalding County, until one candidate shall receive a majority vote for the term for which he is a candidate. (b) In the next election for city commissioners to be held on the first Tuesday in November, 1939, and in all

Page 1915

elections thereafter, no candidate shall be declared elected until he shall have received a majority of the votes of all the qualified voters of said city voting in said election, and in the event no candidate receives a majority of the qualified votes of the voters voting in said election, or in the event of a tie vote, the ordinary of Spalding County, Georgia, shall call an election on the following Tuesday thereafter and as often as may be necessary until one candidate for said office shall receive a majority of the qualified votes of all the voters voting in said election. Only the two (2) candidates receiving the highest number of votes shall be candidates in said run-over election, except in the case of tie votes, when the customary rules governing a tie vote are to be observed. Be it further enacted by the authority aforesaid, That Section 10 of said Act approved July 21, 1921, amending the charter of the City of Griffin, and amendments thereto, be amended by striking in its entirety Section 10 thereof, entitled, Commissioners, Chairman, and inserting in lieu thereof, to be known as Section 10, the following: Section 10. Commissioners, Chairman. At the first regular meeting of the new commissioners in 1938, said commissioners shall proceed to elect a chairman to serve for a term of one (1) year or until his successor is elected and qualified. Thereafter, annually at the first regular meeting of said commissioners in December of each year the commissioner whose term of office next expires shall automatically be chairman of the Board of Commissioners for the City of Griffin for the following year. At said first regular meeting the Board of Commissioners shall declare by resolution such commissioner to be chairman for the ensuing year and enter same upon the minutes. Chairman of the commission. 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 19, 1937.

Page 1916

GRIFFIN STREET-TAX REFERENDUM. No. 148. An Act to amend an Act of the General Assembly of Georgia, Acts 1921, pages 959 through 992 being an Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia, and all Acts amendatory thereof, by striking and repealing Section 29 of said city charter, relating to street tax or work (commutation tax) after the repeal thereof shall have been submitted to the qualified voters of the City of Griffin, and after a majority of said qualified voters shall have voted in favor of repealing said section of said Act. Be it enacted by the General Assembly of Georgia: Section 1. That the Acts of 1921, pages 959 through 992, being an Act to revise and consolidate the several Acts of the General Assembly of Georgia, granting and amending the charter of the City of Griffin, in Spalding County, Georgia, and all Acts amendatory thereof, be and the same are hereby amended by striking and repealing all of said Section 29 of said city charter, which reads as follows: Act of 1921 amended. Street Tax or Work. The board of commissioners shall have the power and authority to require each and every male inhabitant in the city between the ages of 18 and 50 to work the streets at such time and for such length of time as may be prescribed by ordinance; Provided, that any person liable to so work the streets may be exempt therefrom upon the payment of such sum of money, not exceeding five dollars per annum as the board of commissioners may prescribe, or may be exempt therefrom by proof that he is

Page 1917

an active member of any volunteer fire department permitted in said city and recognized by the board of commissioners, and paying dues to said company, or that he is a member of a legally organized military company located in said city; Provided, that no person shall be exempt unless his name appears upon a list of members of such fire or military company filed by the first day of March of each year, and sworn to by the secretary of such company, and certifying that they are active members and have paid all dues. Exemption from street tax or work. Section 2. That before this Act shall go into effect the same shall be ratified by an election to be held at the time of the next election of a commissioner or commissioners of the City of Griffin, under the rules now governing elections of the City of Griffin under its charter, and all qualified voters of the said City of Griffin, 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 repeal of said Section 29 of said city charter as provided by this Act, shall go into effect, immediately upon the declaring of the result of said election by the proper official or officials of the City of Griffin, which said result shall be entered upon the minutes of the City of Griffin. The ballots to be furnished to the voters in this election shall have printed thereon, For the repeal of Section 29 of the charter of the City of Griffin relating to street tax or work, and Against the repeal of Section 29 of the charter of the City of Griffin relating to street tax or work. All expenses of said election shall be borne by the City of Griffin. This act referred to popular vote. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 10, 1937.

Page 1918

HAPEVILLE CHARTER AMENDMENTS. No. 171. An Act to amend an Act to incorporate the City of Hapeville, Georgia, and for other purposes, approved September 16, 1891, and several Acts amendatory thereof, said Acts amendatory thereof are as follows: Acts of 1895, page 232; Acts of 1907, page 691; Acts of 1910, page 756; Acts of 1912, page 980; Acts of 1914, page 917; Acts of 1924, page 594; Acts 1927, page 1197; Acts 1929, page 1102; amend said charter of the City of Hapeville by repealing Section 75, which is Section 4 of the Acts of 1927, page 1198; amend said charter by repealing Section 4 of the Acts of 1891, pages 783 and 784, and Section 7 of the Acts of 1914, page 921 (Sections 4 and 66 of the charter), and enacting in lieu thereof another section fixing the time, place and hours of holding elections, prescribing qualifications of voters; time for opening and closing polls and giving the mayor and council discretionary powers to change or alter by resolution or ordinance the time, and place of holding elections in said city, of fixing the hours for opening and closing the polls and qualifications of voters and time of registration; further amend said charter by repealing Section 5 of the Acts of 1927, page 1198 and Section 3 of the Acts of 1929, page 1103 (Sections 76 and 92 of the charter; Further amend said charter by striking the words not exceeding $25.00 per annum from Section 22 of the Acts of 1891, page 787, and inserting in lieu thereof language which will give the mayor and council power and authority to fix the amount of business licenses; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act entitled An Act to incorporate the City of Hapeville and for other purposes, approved September 16,

Page 1919

1891, and the several Acts amendatory thereof be, and the same are hereby amended so as to authorize and provide as follows: Acts of 1891, 1914, 1927, and 1929 amended. Section 1. Be it enacted, that Section 4 of the Acts of 1927, page 1198, Section 5 of the Acts of 1927, page 1198, and Section 3 of the Acts of 1929, page 1103 (Sections 75, 76 and 82 of the Charter of the City of Hapeville) be, and the same are repealed. Section 2. Be it further enacted that Section 4 of the Acts of 1891, pages 783 and 784 and Section 7 of the Acts of 1914, page 921 (Sections 4 and 66 of the Charter of the City of Hapeville) be, and the same are hereby repealed, and there is hereby enacted the following provisions in lieu of said two sections. That on and after the passage of this Act, elections for the office of mayor and councilmen of said city shall be held annually in the council chamber of said city, or at such other place as the mayor and council may designate, on the first Tuesday in December of each year. The hour for opening the polls at all municipal elections in said city shall be 7 o'clock A. M. and the polls shall be kept open from that time until 7 o'clock P. M., but the mayor and council are hereby authorized to fix and alter the time and place of holding such elections, including the time of opening and closing the polls, as they may deem proper. All citizens of said city qualified to vote for members of the General Assembly, who have actually resided in said city continuously for three months, shall be entitled to vote at all elections for the mayor and councilmen, or at any municipal election in said city. The mayor and council shall have power and authority to provide for the registration of voters, including the fixing of the time when they shall be registered and their qualifications for registering prior to any municipal election, and make all needful rules and regulations

Page 1920

for the same, and to require that no person be permitted to vote unless registered. Elections. Registration of voters. In case of a vacancy in the office of mayor or any member of council by death, resignation, removal, or from any cause whatsoever, a special election to fill such vacancy shall be ordered by the remaining members of the mayor and council. Ten days notice of such election shall be given, by posting a notice of same in at least three conspicuous places in said city, and no other notice shall be required in cases of special election. Vacancy in office. Section 3. Be it further enacted, that Section 22 of the Acts of 1891, page 787 (Section 22 of the charter of the City of Hapeville) be, and the same is hereby amended by striking from the ninth and tenth lines of said section the words not exceeding $25.00 per annum; by striking from the fifteenth line of said section the word such, and inserting in lieu thereof the word all, so that said section when amended shall read as follows: The said mayor and council shall have full power and authority to require any person, firm, company, or corporation engaged in prosecuting or carrying on, or who may engage in, prosecute or carry on, any trade, business, calling, avocation, or profession within the corporate limits of said city, to register their names and business, calling, vocation, or profession annually; and require such person, company, or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling, or profession aforesaid. They may by ordinance, grant or refuse to grant, licenses to theatrical companies or performances, or shows, or other exhibitions, pawnbrokers, peddlers and itinerant traders; and the mayor or mayor and council shall have power at any time to revoke the license so granted to any person or firm. The price to be paid for all licenses shall be fixed by ordinance, to be changed at pleasure. Business licenses and registration. Price.

Page 1921

Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1937. HOMERVILLE CITY CHARTER. No. 95. An Act to incorporate the municipality heretofore known as the Town of Homerville and the City of Homerville, in Clinch County, Georgia, under the name of the City of Homerville, in the County of Clinch and State of Georgia, approved August 22, 1907, 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 Homerville in lieu of said Town of Homerville, or City of Homerville; to substitute the City of Homerville for the Town of Homerville wherever said municipality is mentioned in the Constitution of the Laws of Georgia; to define the territorial limits of the City or Homerville, 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 for the City of Homerville; to prescribe and provide their powers, duties, qualifications, terms of office, and the manner of their election; to provide that all valid contracts heretofore entered into by the Town of Homerville, of the City of Homerville, or the mayor and council of the Town of Homerville, or the City of Homerville, as heretofore incorporated, shall be binding and effective upon the City of Homerville hereby incorporated; to provide that all ordinances of the Town

Page 1922

of Homerville, or the City of Homerville, or the mayor and council of the Town of Homerville, or the City of Homerville, heretofore incorporated, not in conflict with this charter and incorporation, shall be valid and enforceable as ordinances of the City of Homerville hereby incorporated; to provide that all property now and heretofore held and owned by the Town of Homerville, or the City of Homerville, or the mayor and council of the Town of Homerville, of the City of Homerville, as heretofore incorporated, shall be and become the rights and property of the City of Homerville hereby incorporated; to confer any necessary authority upon said City of Homerville hereby incorporated to enable it to establish, equip, maintain, modify, extend, and improve a system of sewerage and drains in said city, and for the assessment and collection of the expenses and costs thereof, and the issuance of sewerage and drainage certificates; to provide for the exercise of the right of eminent domain in and by said city; to provide a system of taxation for said city; to provide for the enacting of all necessary ordinances, and to provide penalties for the violation of same; to provide for a board of health; to declare and define certain police powers of said city; to provide for the condemnation of private, public, or semi-public property for the use of said city, either within or without the corporate limits thereof, and compensation to the owners thereof; to provide for taxation and the granting of licenses for all kinds of business, trades, callings and professions, shows, exhibitions or entertainments; to provide for the qualification and registration of voters in the City of Homerville; 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

Page 1923

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 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 said City of Homerville hereby established; to provide for a city chaingang and guardhouse 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 waterworks and electric plant; to authorize said city to borrow money; to provide for parks, public buildings, and other municipal improvements; 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

Page 1924

of the mayor and council of said city; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the name of that municipality of Clinch County, Georgia, the county seat of said county, heretofore known and designated as the Town of Homerville, or the City of Homerville, shall be and is hereby changed to the City of Homerville, 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 Homerville, of the City of Homerville, approved August 22, 1907, 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. Section 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 Clinch hereinafter described are hereby incorporated by the name and style of the City of Homerville, 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 three-fourths of one mile in every direction from the courthouse now located in said city. The said defined territory is hereby incorporated under the name and style of the City of Homerville, and the City of Homerville is hereby

Page 1925

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 invested with all the rights, powers, and privileges, titles, properties, easements or hereditaments now belonging or in any wise appertaining to the Town of Homerville, or the City of Homerville, or to the mayor and council of the Town of Homerville or the City of Homerville, as heretofore incorporated, shall be and is hereby vested in the City of Homerville as created by this Act, and the City of Homerville in the County of Clinch, State of Georgia, created, established, and declared by this Act may in such name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a 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 Homerville 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 Homerville, created by this Act, is hereby made responsible as a body corporate for the legal debts and liabilities and undertakings of said Town of Homerville, or City of Homerville, as heretofore incorporated; and all ordinances now in force in the Town of Homerville, or the City of Homerville, of 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

Page 1926

City of Homerville incorporated by this Act; it being the purpose of this Act to abolish the Town of Homerville, or the City of Homerville, heretofore incorporated and establish the City of Homerville hereby incorporated in its stead, to change the name of that territory heretofore known as the Town of Homerville, or the City of Homerville, to be henceforth known as the City of Homerville; to create and establish a new charter for said territory and the inhabitants thereof under the corporate name of the City of Homerville hereby established; to have the City of Homerville hereby incorporated to in every way supersede the Town of Homerville, or the City of Homerville, heretofore incorporated, and establish same in lieu thereof, and to have the City of Homerville 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 Homerville, or City of Homerville, heretofore incorporated. This Act changing the Town of Homerville, or the City of Homerville, to the City of Homerville, and providing a new charter for said City of Homerville; the municipality of Homerville in Clinch County being and the same is hereby incorporated under the corporated name of the City of Homerville, and said City of Homerville is hereby substituted for the Town of Homerville, or the City of Homerville, whenever 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 Homerville, or City of Homerville, in the Constitution or laws of Georgia shall henceforth be construed to refer to, mention, and mean the City of Homerville. Corporate powers. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Homerville shall be vested in a mayor and four aldermen or councilmen, that the mayor and aldermen shall be collectively known as the City Council of Homerville, and shall be

Page 1927

the supreme governing body, exercising all the powers herein conferred upon the corporation and not otherwise specifically delegated. Governing body. Section 4. Be it further enacted by the authority aforesaid, that the Mayor of the City of Homerville shall be G. C. Hughes, Sr., and the aldermen of said city shall be Chas. C. Gillican, C. A. Campbell, E. K. Averiett and F. M. Dickerson, who shall continue in their respective offices until their successors are elected and qualified as provided in this Act; and said mayor and council shall have and exercise all the rights, powers, duties, and authority conferred upon the mayor and councilmen of said City of Homerville by virtue of this charter. Mayor and aldermen named. Section 5. Be it further enacted by the authority aforesaid, that the mayor of the City of Homerville shall be elected as herein prescribed, and shall hold office for a term of four years and until his successor is elected and qualified. The term of office of the present mayor herein named shall expire January 1, 1941, on which date also the terms of the four councilmen named herein shall expire. Terms of office. Section 6. Be it further enacted by the authority aforesaid, that the aldermen of the said City of Homerville shall be elected as herein prescribed, and shall hold office for a term of four years and until their successors are elected and qualified. Section 7. Be it further enacted, that the first election under this charter shall be held on the first Wednesday in December, 1940, at which time there shall be elected by the qualified voters of said city, a mayor and four aldermen, to hold office for the term of four years beginning January 1, 1941, and until their successors are elected and qualified. All elections shall be held under the supervision of the ordinary of Clinch County, Georgia, and each candidate must file with said ordinary his intention to run for said office

Page 1928

at least five (5) days before the election. This provision also applies to the mayor. Election. Section 8. Be it further enacted, that should the failure of said election at any time happen, the same may be held at any time thereafter upon ten days' notice by the City Council of Homerville. Should a vacancy occur in the office of the mayor of said city, or an alderman of said city, the remaining aldermen of said city shall elect some qualified person to fill said vacancy for the unexpired term. Officers elected to fill vacancies shall be qualified immediately. Vacancy in office. Section 9. Be it further enacted, that on the first day of January (unless said first day falls on Sunday or a legal holiday, in which event on the day following) after their election the mayor-elect and the aldermen-elect shall meet at the council chamber of said city for the purpose of organizing, and the mayor-elect and aldermen-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 alderman) of the City of Homerville during my term of office, and that I will faithfully enforce the laws and ordinances of said city to the best of my ability without fear or favor, and in all my actions as mayor (or alderman) act as I believe for the best interest of said city, 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 alderman be absent from said meeting, he or they may take oath of office as soon thereafter as possible. Organization. Oath of office. Section 10. Be it further enacted, that the regular meeting of the city council of Homerville, shall be held at the council chamber of said city on the second and fourth Tuesdays in each month, at which time all regular business concerning the welfare of said city shall be transacted; but special or call meetings may be held when public emergency

Page 1929

so warrants, and they may also hold adjourned meetings which shall be considered as of meeting adjourned. Council meetings. Section 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 Homerville shall be managed by the ordinary of or some other judicial officer and two freeholders who are citizens of said city and own real estate therein, or by any three freeholders designed by the mayor or city 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 9:00 o'clock A.M. and be closed at 5:00 o'clock P. M., but said managers shall have the right to suspend the election one hour for dinner. The persons receiving the highest number of legal votes for the respective offices 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. Election managers. Oath. Place and time. Section 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

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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 homerville; and a certificate showing the result of said election shall be by them delivered to the clerk of the city council of Homerville, 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 Homerville. All election returns, ballots, lists, and other papers so deposited with the clerk of the city council under seal shall be by him kept for the space of twenty days after said election and be by him destroyed without examination, provided no contest is had. In the event of a contest it shall be his duty to keep all the papers until called upon to produce them in the court having jurisdiction of the contest, and after such contest shall have been concluded he shall destroy all papers without examination. Certificate of election return. Section 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. Voters qualified. Section 14. Be it further enacted, that it shall be the duty of the clerk of said city, on the first Monday in November of each election year, to open the registration books for the registration of the qualified voters of said city. Said books shall be kept open at such hours as the mayor and aldermen may prescribe, each and every day (Sunday and legal holidays excepted) until Wednesday before the first Wednesday in December following, when it shall be finally

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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 Homerville 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 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 aldermen, and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election, and shall permit no one to vote in said election whose name does not appear thereon. Lists of voters. For any special election in said city for any purpose, the clerk shall open the registration books at least thirty days before the date fixed for such election, and shall close the same five days before the day of election, and shall prepare and furnish the registration lists as hereinbefore provided. Special election. Notice of the opening of the registration books for all elections, shall be given in such manner as the mayor and

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aldermen shall prescribe, at least twenty days before the closing thereof. Notice. 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. Certificate of omission. 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 After said registration books are closed, and prior to day of any election for which said registration is had, the mayor and aldermen shall examine, revise, and purge the registration lists, as made up and returned by the clerk of said city, of all illegally registered voters or persons disqualified from voting for any lawful reason; Provided, that before removing any name therefrom, written notice shall be served on the person or persons deemed disqualified, at least twelve hours before final action thereon by the mayor and aldermen, that such person may show cause, if any, why such action should not be taken. Removal of names from list. Section 15. Be it further enacted, that no person shall be eligible to the office of mayor of the city who is not twenty-one years of age, who has not resided in the City of Homerville for a period of one year next preceding the date of his election, and who is not a qualified voter of said city and a freeholder. No person shall be eligible to the

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office of alderman of the City of Homerville who is not twenty-one years of age, who has not resided in the City of Homerville for the period of one year next prior to his election, and who is not a qualified voter of said city and who is not a freeholder. Eligibility to office. Section 16. Be it further enacted, that the City Council of Homerville 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. Primary elections. Section 17. Be it further enacted, that at the first regular meeting of the city council of Homerville on the first Tuesday in January of each year, they shall elect one of their number mayor pro tempore for a term of one year, who shall, in the absence or disqualification of the mayor, or during a vacancy in said office, be vested with all the authority of the mayor and as such perform all the duties of the mayor. 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, 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 Homerville shall have power and authority to suspend and remove such officers, or impose fines on said officers for gross neglect or malfeasance, after a fair and impartial trial. Mayor pro tem., and other officers.

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Section 18. Be it further enacted, that the mayor and aldermen shall receive such salary or compensation as the city council of Homerville may prescribe, which shall not be increased or diminished during their term of office; Provided, however, that the mayor's salary shall not exceed fifty ($50.00) dollars per annum, and the councilmen's or aldermen's salaries shall not exceed twenty-five ($25.00) dollars per annum. Salaries. Section 19. Be it further enacted, that the mayor or mayor pro tem. and two aldermen 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 alderman may demand the aye and nay vote, and on such demand the vote shall be so taken and recorded on the minutes. Quorum and voting. The mayor or mayor pro tem., when performing the duties of the mayor, shall have the veto power and may veto any resolution or ordinance passed by the council, in which event the same shall not become a law or have the effect of a law unless subsequently and at the next regular meeting thereafter it shall be passed over his veto by a 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 withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said mayor; but he may approve the same in writing and the measure shall go into effect immediately. Veto power.

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Section 20. Be it further enacted, that the mayor shall be the chief executive officer of the City of Homerville. 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 Homerville 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 aldermen in writing. Notice of such special call or extra session shall be given each of the members of the city council who are in the city at the time and at such meetings the mayor and aldermen shall have the right and power to transact any business which they are legally authorized to transact at any regular meeting. He shall have the power to appoint special policemen when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and aldermen may determine. Mayor's duties and powers. For the purpose of the exercise by the authority of said city of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety, and morals, and over persons offending against the laws or ordinances relating thereto, the corporate limits proper, heretofore defined, are hereby extended for a distance of one mile in every direction, and within said extended corporate limits power and authority to exercise such police power and authority is hereby vested in and conferred upon city council of said city; and all valid ordinances

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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, subp[oelig]nas, warrants and writs issued by authority of said city shall be operative and have full force and effect in the said territory. Police power out of city limits. Section 21. Be it further enacted, that a police court is hereby created and established in said City of Homerville, to be known and designated as The Police Court of Homerville, 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 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 Homerville committed within the jurisdiction limits 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

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provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds and recognizances returnable to said court, and to hear, try, and determine all issues made therein, and to render judgments in all cases; and also to try all nuisance cases and all questions arising in reference thereto, and to grant judgments for the abatement of the same and for the removal thereof. Jurisdiction. Said police court shall be presided over by a recorder who shall be elected by the mayor and aldermen of said city, the office of said recorder being hereby created and established in said city. Said recorder shall preside over said police court at all of its sessions, except in case of disqualification or absence from the city, in which event said police court shall be presided over by some citizen designated by the city council. At the first council meeting after the approval of this Act a recorder shall be elected to serve during the remainder of the term of office of the present city officials. The mayor or any alderman may be elected recorder. Recorder. Said police court shall have the power and authority to impose sentences and impose fines therein, such as may seem reasonable and just to said court, not exceeding the penalties herein next prescribed. 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 chaingang upon the streets or public works of said city under the control and direction of the proper officers, not to exceed fifty days, either or both or a portion of either or both in the discretion of the court; and all sentences may be in the alternative and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Power and authority.

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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. Contempt of 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 of all cases shall appear on said docket, either entered by the court or a clerk, if any clerk. All cases in said court shall be tried on written accusations based upon the affidavit of the prosecutor 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 compelling the attendance of witnesses, subp[oelig]nas 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. Dockets and trials. 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 Clinch 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.

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The mayor and aldermen of said city are hereby empowered to prescribe costs, and each item thereof, in said police court in all cases tried therein. Costs. The cases before said police court shall be tried as speedily as possible with due regard to the rights of the accused and of the city, and continuances may be granted by the court upon proper showing made in accordance with the rules governing continuances in the Superior Courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding judge. Speedy trials. 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 of 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. 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

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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 Homerville. The city council of Homerville shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said police court, such as one usually incident and lawfully chargeable to the prosecution of said cases, same being added to the amount of the fine imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The clerk of the city council and the chief of police or any member of the police force shall be the clerk and marshal, respectively of said police court and shall serve same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. Forfeiture. Costs. Clerk and marshal. 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. Section 22. Be it further enacted, that the city council of Homerville shall have power and authority to maintain a city guardhouse 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. Guardhouse. Section 23. Be it further enacted, that the city council of Homerville shall have power and authority to establish

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a chaingang in and for said city, and to confine therein persons who have been sentenced by the police court to work on the streets or public 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 chaingang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chaingang to comply with the terms of said sentence not in conflict with the laws of this State. Chain-gang. Section 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 guardhouse 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 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 guardhouse of said city for a reasonable length of time. Arrests and imprisonment. 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

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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. Authority of officers. And said city council of Homerville 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. Aid in arrests. Section 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 tranquillity 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 at railway stations, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages and assemblages which obstruct the free passage of public streets, sidewalks, parks, and other places, to preserve order at election and public meetings and assemblages, to regulate movements of teams and vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said city. Police chief's duties. Section 26. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority

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of same, that on, after, and from the passage of this Act, the mayor and council of the City of Homerville shall not charge any owner of cattle or hogs, nor shall there be an assessment against said hogs or cattle, more than ten (10c) cents for each hog or cattle per day, for keeping said cattle or hogs in the city pound. No charges shall accrue on said cattle or hogs until the owners of said cattle or hogs have been notified in writing by the authorities of the City of Homerville. The said City of Homerville, and the mayor and council thereof, shall not charge more than ten (10c) cents per day for feed bill, nor shall anyone operating the pound for said City of Homerville charge more than the prices set out above. No charge shall be made for catching up said hogs and cattle. Animals impounded. Charges limited. Section 27. Be it further enacted, that for the purpose of raising revenues for the annual support and maintenance of the government of the City of Homerville, the city council of Homerville 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 Homerville shall have power and authority to provide by ordinance for the assessing and prompt collection of all taxes; to regulate the manner, form, and time of making out tax-returns, tax-lists, or inventories and 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

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levying officer, and bring the property levied on to sale at the time and place and manner provided by law for municipal sales for taxes or sheriff's sales for State and county taxes. They shall have further authority to provide for the redemption of such property, purchase the same at their own sales, and pass appropriate ordinances to carry into effect the provisions aforesaid. Taxes ad valorem. Assessors. Executions. Redemption. Section 28. Be it further enacted, that the city council of Homerville shall have power and authority to license and regulate theatrical exhibitions, merry-go-rounds, circuses, and shows of all kinds; drays, hacks, automobiles, trucks, auto-buggies, and public vehicles of all kinds, as well as private vehicles; and also traveling vendors of patent medicine, soaps, notions, and all other articles, except such as are exempt by the laws of this State; also hotels, chainstores, boarding-houses, auction-houses, restaurants, fishstands, laundries, billiard, pool, and other kinds of tables, ten-pins, shooting galleries, and bowling alleys, and all contrivances and devices for carrying on games; also barbershops, plumbers, butcher-shops, livery-stables, slaughter-houses, butcher-pens, tan-yards, automobile repair-shops, blacksmith-shops, steam gins, saw-mills, planing-mills; also auctioneers, peddlers, and pawnbrokers; the sale of near beer and similar non-intoxicating beverages and limitations or substitutes for beer or malt or other liquors; and all other classes or kinds of business within the police power of said city, and to fix the amount of the licenses therefor and collect the same; and also said city council shall likewise have power and authority to levy and collect a specific or occupation tax on all businesses, occupations, professions, callings, trades, or avocations, public or private, exercised within the city, as may be deemed just and proper; said city council may close up and prohibit entirely any business, factory, establishment, or place of business in the event the same becomes a nuisance or is dangerous or injurious to the health of the people of said city. They shall have like power to

Page 1945

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. Business licenses and taxation. In case of the removal by the authorities of the City of Homerville, 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 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 to the person responsible therefor or the owner of the property upon which the same exists, either or both, and such costs of removal or abatement shall be enforcible and collectible from such citizen or property owner by the issuance of an execution therefor, in the same manner that executions are issued for paving and street improvement, and shall be enforcible in the same manner as such executions, shall be subject to the same defenses and rules governing such executions issued for paving or street improvement, and shall have and be a lien of equal dignity and rank; Provided, however, that in cases of sales of real or personal property under the executions herein provided, the full title thereto shall pass, there shall be no right of redemption by the owner, but such sale shall be final and conclusive and the purchaser thereat shall be vested with the full title to the property sold and entitled to immediate possession. Costs of abatement and removal from streets, etc. Section 29. Be it further enacted, that the city council of Homerville shall have power and authority by ordinance to classify and provide for registering the various occupations,

Page 1946

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. Classification for taxation. Section 30. 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 moneys belonging to the said City of Homerville, and in order to be valid such appointment shall be approved by a resolution of the council, or a majority of them, in meeting duly assembled, and said resolution shall be entered on the minutes of their proceedings. The clerk and treasurer of said city shall, on every day except Sundays and legal holidays, deposit all money in his hands belonging to the city in said depository and file the record thereof. All moneys or funds of the city so deposited in the city depository shall be checked out only upon vouchers signed by the city clerk, and countersigned by the mayor of said city, or such other aldermen as may be designated by a resolution of the council in meeting duly assembled, and entered upon the minutes of their proceedings. Depository of funds. Section 31. Be it further enacted, that the city council of Homerville 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

Page 1947

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 chaingang 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 tax or road work. Section 32. Be it further enacted, that the city council of Homerville 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 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 issues. Before any bonds of said city shall be issued for any of the foregoing purposes, the city council of Homerville 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 an election on the subject and 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

Page 1948

or more or all of the before-stated purposes, as deemed expedient by said city council; Provided, always, that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of the State, vote in favor of issuing bonds at any election called by said city council as hereinbefore provided, then and in such event said city council shall, at any time before 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 the property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers, with all the qualities of commercial paper; and said city council is hereby authorized to negotiate and sell any of said bonds or series of bonds issued by said city, and the proceeds of such bonds when sold shall only be applied for the purpose or purposes for which they were respectively issued. Specifications. Limitations. Section 33. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the city council of said city to provide a sinking-fund to pay off the principal and interest of such bonds or series of bonds at their maturity; and the city council of said city is hereby required to create a board of commissioners to be known as The Sinking-Fund Commissioners of the City of Homerville, and to provide for the number of persons who shall compose such commission, and for their election and qualification, terms of office, compensation if any, duties and powers, and to make all needful rules and regulations for the government of said commission and for the management of said sinking-fund. Sinking-fund. Commission.

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Section 34. Be it further enacted, that the city council of Homerville 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 ordinances for that purpose. Loans. Section 35. Be it further enacted, that the city council of Homerville 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 an owner, trustee, executor, administrator, guardian, or agent, and shall be done only in the manner prescribed in Sections 5206-6235, inclusive, of the Code of Georgia of 1910, and the Acts amendatory thereof. The city council may abandon or discontinue such proceeding at any time upon payment of accured cost. Streets and sidewalks. Powers. (a) The city council shall have full power and authority to remove or cause to be removed any building, steps, fence, trees, gates, post, or other obstruction or nuisance in the street, alley, land, sidewalk, or other public places in said city, and to enforce the provisions of this section by appropriate ordinance, and assess the costs of same as hereinbefore provided. Removal of obstructions. (1) That the city council of Homerville 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 Homerville and to improve the same by paving, macadamizing, and draining the same, whenever

Page 1950

in its judgment the public convenience and welfare may require such improvements, subject only to the limitation prescribed in this Act. Grading and improvements. (2) That any street or steam railroad now having or which may hereafter have tracks running through the streets, avenues, ways, lanes, or alleys of said city or other public places, may be required by said city council to pave, macadamize, and/or the width of the track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railway company; and if such railroad company shall fail or refuse to comply with the order of said city council to make such improvements by paving, macadamizing, and/or draining the same after receiving thirty days' notice to do said work, such work may be done by said city council at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the city council of the City of Homerville shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for the enforcement of other liens for paving. Railroads. (3) That whenever the said city council shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, way, lane, or any part thereof, within the limits of the City of Homerville, said city council shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two consecutive issues of a weekly newspaper published and having a general circulation in the City of Homerville; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within 15 days after the last publication of such resolution, file with the clerk of said city their protest in writing against such improvement, then

Page 1951

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 said city council to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such case the resolution hereinbefore mentioned shall not be required. Resolution. Publication. Proviso. (4) That the lots, pieces, or parcels of land fronting and abutting upon sides of said improvements shall be charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the frontage of intersecting streets, ways, avenues, lanes, or alleys shall be assessed as real estate abutting upon the street, lane, alley, way, or avenue paved or otherwise improved, and the said city council shall be, for all the intents and purposes of this Act, an owner or legal representative of real estate abutting on any such street, lane, alley, way, or avenue, and shall pay from the city treasury the just pro rata of the entire cost of said work or improvement of the said frontage. Costs chargeable to property. (5) That whenever the petition provided for in Paragraph 3 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

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shall have passed the resolution provided for in said Paragraph 3 of this section, the said city council shall then have the power to enact all ordinances and to establish all rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water or sewer pipe connections to connect with any existing water or sewer pipes in and underneath the streets, avenues, lanes, alleys, and 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 improvement, in addition to the basis of said lineal-foot frontage, if so determined by the appraisers hereinafter provided for. Rules and regulations. (6) That after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to be in proper form and properly executed, the said city council shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said city council to proceed with the said improvement, stating the material to be used, and the manner of construction, and defining the extent, character, and width of improvement, and other such matters as may be necessary, to instruct the clerk of said city in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions as said city council shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said city council shall by said resolution provide that the contractor shall execute to the city a good and sufficient

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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 for not less than five years from the time of its completion, or both, in the discretion of said city council. Said resolution shall also direct the city clerk of said city to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. The notice of such proposals shall state the street, streets, or other public places to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such proposals shall be filed and when and where the same will be considered by said city council. Said notice shall be published in two consecutive issues of a weekly newspaper of general circulation in the City of Homerville. At the time and place specified in such notice the city council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said city council as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the city clerk with the plans and specifications; and the said city council shall have the right to reject any and all bids and re-advertise for other bids, when any such bids are not in its judgment satisfactory. Resolution for improvement. Work proposals. Contracts. (7) As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the city incident to said improvements in

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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 10 days from the date of the resolution appointing said board of appraisers, the said board of appraisers shall file a written report of the appraisal and assessment and apportionment of such 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 shall be published by the said clerk in at least two consecutive issues of any weekly newspaper of general circulation in the City of Homerville, 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 or more than 10 days from the last publication. The said city council at said session shall have power to review and correct said appraisement, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board of appraisers or as corrected by said city council. Assessment in conformity to said appraisement and apportionment as confirmed by the board of city commissioners shall be payable in 10 equal installments, and shall bear interest at the rate of not exceeding

Page 1955

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 1% over and above the rate of interest stipulated in the bonds herein provided for. Appraisement and assessment. Hearings. Assessment payments. (8) That the first installment of said assessments, together with interest to that date upon the whole, shall be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; Provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on September 1 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 30 days from the date of passage of said ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of 30 days, to the treasurer of the City of Homerville, and relieve their property from the lien of said assessment, which money so paid to the said treasurer shall be distributed pro rata between the contractor and the city in proportion to the respective interests. Payments. (9) That such special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the ordinance levying the same, coequal with the lien of other taxes and prior to and superior to all other liens against such lots or tracts, and such lien shall continue until such assessment and interest thereon shall

Page 1956

be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty. Lien. (10) That the said city council, after the expiration of 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 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 Homerville 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 September next succeeding year until all shall be paid. Such bonds shall bear interest at a rate not exceeding 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 the clerk of the city, and shall have the impression of the corporate seal of such city thereon, and shall have interest coupons attached; and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, and 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

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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. (11) That the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Homerville, who shall give proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of said treasurer or clerk of the city, not less than 30 days and not more than 40 days before the maturity of any installment of such assessments, to publish, in two consecutive issues of a weekly newspaper published in the City of Homerville and having a general circulation in said city, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceeding will be taken to collect said installment and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of any such installment or assessment and interest and on or before the fifteenth day of September of each year, in case of a default of payment of such installment or assessment with interest, to issue an execution against the lot or tract of land assessed for such improvement, or against the party or person owning the same, for the amount of such assessment

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with interest, and shall turn over the same to the marshal or chief of police of the City of Homerville or his deputy, who shall levy the same upon the adjoining real estate liable for such assessment and previously assessed for such improvements, and after advertisement and other proceedings as in case of sales for city taxes, the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installment with interest, and also subject to the right of redemption so provided in Sections 880, 1169, 1170, 1171, 1172, of the Code of Georgia of 1910; Provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which said execution is due, and stating what amounts he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the city marshal or chief of police, shall be returned to the Superior Court of Clinch 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. Assessment payments. Special fund Advertisement of notice. Execution. Levy and sale. Affidavit of illegality. (12) That no suit shall be sustained to set aside any such assessment or to enjoin the said city council from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity

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thereof, on any ground or for any reason other than for the failure of the city council to adopt and publish the preliminary resolution provided for in Paragraph 3 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 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 of an original assessment, proceed to cause an assessment to be made and levied, which shall have like force and effect as an original assessment. Suits limited. (13) That in all cases where the said city council shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, way, or other public place, which 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. Repaving, etc. (14) That whenever the abutting-land owners of any street, alley, way, avenue, or land of said city petition the said city council as herein set out, or said city council pass the resolution provided for in Paragraph 3 of this 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,

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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 Clinch County is authorized to sign in behalf of the county; and where the City of Homerville is the owner, the mayor of Homerville is authorized to sign in behalf of the city. That the provisions of this section shall in no wise annual and void the other provisions under this charter of the City of Homerville in reference to paving within the City of Homerville, 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 electric wiring pipes are laid, or are to be laid, the city shall have the power to extend such mains, sewers, pipes, or electric wiring pipes from the main line to the property line to thereafter avoid the necessity of tearing up the paving, to make house connections, and to assess and collect the cost of making such property line extension against the property to which said assessments as the same are assessed in cases of street paving. Public property assessments. Extensions. Section 36. Be it further enacted, That the city council of Homerville, in the name of the city, shall have full power and authority for/or to condemn any land, pond, pond, lake, dam, stream, or premises within or without the corporate limits of the City of Homerville, 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 of them; or for any other corporate use or purpose; and for either or all of said purposes; Provided, however, that whenever the right to condemn such lands,

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pond, lake, dam, stream, or premises herein granted to be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use, as contained in Article 1, Chapter 9, of the Code of Georgia of 1910, beginning with Section 5206 thereof, and embracing all sections following the same having reference to condemnation of private property for public use, and as provided by Acts amendatory thereof, and such other provisions of the Constitution and general laws of the State as may be applicable thereto. Condemnation of property. Section 37. Be it further enacted by the authority aforesaid, That said city council shall arrange a fiscal year for said city, and shall adopt a budget system of finance for said city; and at the end of each fiscal year the books and fiscal affairs of said city shall be audited by some competent person employed by said city council, and a new budget prepared for the ensuing fiscal year, and the same shall be strictly adhered to under personal penalty on the part of said city council for any additional expenditures not carried therein; a copy of said audit and budget shall be spread on the minutes of said city council, and a copy thereof shall be published in the official organ of the said city, said city council being hereby directed to select some paper in Clinch County for the official organ of said city. Fiscal year and budget. Section 38. Be it further enacted, That the city council of Homerville 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

Page 1962

ordinances as they may pass on the subject embraced in this section. Regulations of vehicles. Said city council shall have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said city; also the blowing of whistles and signals by locomotives and stationary engines and factories and mills within the corporate limits; and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing or street or sidewalk within said city, and to require a flagman to be stationed at any crossing within said city for public safety. Of railroad trains. Section 39. Be it further enacted, That the city council of Homerville shall have power and authority to grant franchises, easements and rights-of-way over, in, under, on, or along the public streets, lanes, alleys, sidewalks, parks, and other property of said city, on such terms and conditions as they may fix by ordinance. 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. Franchises. Section 40. Be it further enacted, That the city council of Homerville 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. Section 41. The City of Homerville, acting by and through its mayor and council, is hereby vested with full power and authority to establish, equip, maintain, modify,

Page 1963

extend, and improve the system of sewerage and drains in said City of Homerville, and assess any or all costs of the building, equipment, and maintenance of such sewerage and drains as may hereafter be put in along the streets, alleys, or ways of said city against the abutting property and the owners thereof, according to the proportion that such abutting 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 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 against the owner at the date of the ordinance making such assessment; which execution may be levied by the chief of police or the city marshal of said city on such real estate or other property owned by the owner thereof; and after advertising and other proceedings as in the case of tax sales under existing ordinances, or such as may hereafter be made as applicable to the subject, said property shall be

Page 1964

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 1224th district G. M., said County of Clinch, when the principal amount of execution thus levied upon personalty does not exceed one hundred ($100.00) dollars, or, if the levy upon real estate, then to the Superior Court of Clinch County, Georgia, and there tried, and the issues determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. The lien 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

Page 1965

property, and enforce by execution the collection thereof against the abutting property and the owners thereof, and to prescribe by ordinance such notices to the abutting property owners as said mayor and council may see proper; Provided, however, that such notice shall be in writing referring to the improvement thus to be made, and it shall be served upon the abutting property owners at least 15 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 by the council, interest to be payable annually or semi-annually, and to be based upon executions issued against the abutting property and the owners thereof for such sewerage or drainage improvements aforesaid, and the City of Homerville 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 pavment 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

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or parties having money to lend, and raise the money for purpose of paying for such improvements, and said city shall have authority to collect assessments for such improvements under such executions as may be issued by authority of said city, and use the money for the purpose of redeeming such certificates thus issued, and to prescribe the terms, the payment, rates of interest, and the time of payment of such executions and of such sewerage or drainage improvement certificates either or both. Said city through its mayor and council shall have all other and necessary authority under the law to fully establish, equip, maintain, extend, and improve either or all the system of sewerage and drains in said city, and to make assessments against the abutting property owners, issue executions thereon with special liens, and to provide the manner and form of enforcing the collection thereof, and all other necessary or desirable authority for successfully carrying out such sewerage or drainage improvements. Sewerage assessments. Lien. Extensions. Notice. Certificates Plenary authority. Section 42. Be it further enacted, That the city council of Homerville 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. Section 43. Be it further enacted, That the city council of Homerville shall have full power and authority to own, construct, extend, enlarge, operate, and maintain for municipal purposes and for the use and benefit of the inhabitants of said city, and for profit, a system of waterworks and a system of electric lights, whenever they may consider it expedient, to make rules and regulations regarding the use of the same, and fixing prices and rates. Water and lights. Section 44. Be it further enacted, That the city council of Homerville shall have power and authority to adopt any

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and all ordinances, rules, and regulations necessary to lay out a fire district in said city, and to enlarge, change, and modify the same from time to time; to prescribe how and of what material buildings within said district may be constructed and erected, how thick walls shall be, the manner in which chimneys, flues, and 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. Building regulations. Section 45. Be it further enacted, That it shall be the duty of the city council of Homerville 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. Section 46. Be it further enacted, That the city council of Homerville 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 over a pest-house within or without the limits of said city; and for this purpose they are authorized to buy, hold, rent or receive real estate or buildings beyond or within the limits of said city. They shall have power to compel the removal to the pesthouse of any person or persons who have smallpox or other contagious or infectious diseases, when in their wise

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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 sojourners 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, and to pass ordinances and regulations prescribing penalties for violation of same. Sanitary regulations. Section 47. Be it further enacted, That the city council of Homerville 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. Section 48. Be it further enacted, That the city council of Homerville shall have power and authority to adopt and enforce ordinances for the protection and preservation of shade trees on the streets, public places, and parks in said city, and to prevent the cutting, impairing or mutilating thereof by telephone or telegraph companies or employees or by other persons unless the same is done under and with the express and formal consent of the city council or some officer appointed by them to direct the same, and then only when absolutely necessary. Tree protection.

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Section 49. Be it further enacted, That the city council of Homerville shall prescribe by ordinance how and by whom purchases for supplies, material, 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. Supplies, contracts for. Section 50. Be it further enacted, That in case the mayor or any aldermen while in office shall be guilty of malpractice or wilful neglect of duty in office, or the abuse of the powers conferred upon him, or shall be guilty of any conduct unbecoming his station, or convicted and sentenced of violating the criminal law of the State, involving moral turpitude, he shall be subject to be impeached by the city council, or by the aldermen composing the council in case of the mayor, and upon conviction by not less than three votes shall be removed from office. Malpractice in office. Removal. Section 51. Be it further enacted, That the city council of Homerville shall have power and authority to remove inmates or occupants of lewd or disorderly houses in the City of Homerville, 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 security of said city and the inhabitants thereof. Disorder. Profanity. Welfare. Section 52. Be it further enacted, That all ordinances, by-laws, rules and regulations heretofore adopted by the mayor and council of the Town of Homerville, or the City of Homerville, 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,

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altered, or amended by the city council of Homerville. Ordinances of force. Section 53. Be it further enacted, That the recitals in deeds under a sale for municipal taxes or assessments in said city shall be evidence of the facts as recited, in any court in this State, and shall be taken as prima facie true. Recitals as evidence. Section 54. Be it further enacted, That the city council of Homerville shall have power and authority to adopt a code of ordinances, and to amend and repeal the same or any part thereof. Code of ordinances. Section 55. Be it further enacted by the authority aforesaid, That the mayor and council of the City of Homerville shall publish, or cause to be published, monthly a statement showing all receipts and disbursements, and if for any reason the council cannot agree with the newspaper to publish same, then the mayor and council shall cause three notices to be posted in three conspicuous places in said City of Homerville, and during business hours the records of the council of Homerville shall be subject to inspection of any citizen or property owner. Publication of monthly statements. Section 56. Be it further enacted, That the city council of Homerville shall have full power and authority to employ a clerk whose compensation shall not exceed one hundred ($100.00) dollars per month. They shall have power to exact from him a bond in any amount they see fit, and said clerk shall serve at their pleasure. Clerk. Salary. Section 57. Be it further enacted, That said municipality shall have power to employ counsel to represent said city in any matter coming upon, but shall in no event pay any attorney a monthly retainer fee exceeding five ($5.00) dollars per month. Counsel Retainer fee. Section 58. Be it further enacted, That this charter and law shall take effect on Monday, February 15, 1937,

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and the persons named in Section 4 of this Act shall assume office on that date or as soon thereafter as possible. The present mayor and council of the City of Homerville is abolished, to take effect as of that date. Effective date. Section 59. Be it further enacted, That the city council of Homerville shall have all powers to conduct said municipality for the general welfare of said city and its citizens. General welfare. Section 60. Be it further enacted by the authority aforesaid, That if for any reason any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provision, clause, or part so held to be invalid or unconstitutional. Constitutionality. Section 61. Be it further enacted, That the enumeration of powers contained in this Act shall not be considered as restrictive; but the city council of Homerville 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 restricted. Section 62. Be it further enacted 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, 1937.

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JONESBORO CHARTER AMENDMENTS. No. 60. An Act to amend an Act to consolidate and supersede the several Acts incorporating the City of Jonesboro, in the County of Clayton, State of Georgia; to create a new charter and municipal government for said corporation; to declare the rights and powers of the same; and for other purposes, by amending Section 5 therein in respect to citizens entitled to hold office; by amending Section 9 therein in respect to citizens entitled to vote; by amending Section 10 in respect to time of opening and closing polls; by amending Sections 11 and 14 of said Act to provide for permanent registration; by amending Section 33 in respect to imposing sentences by work on the county chaingang; and for other purposes, said Act is hereby and herein amended, being recorded and contained in the Acts of the General Assembly of Georgia of the year 1919, page 1067. Be it enacted by the General Assembly of Georgia: Section 1. That the Act approved August 18, 1919, creating a new charter for the City of Jonesboro, be and the same is hereby amended by striking from Section 5 thereof the words he be in the third line and striking the word his in the sixth line and adding in lieu thereof said, so that said section as amended shall read as follows: Act of 1919 amended. Section 5. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of mayor or councilman unless a citizen of said city, 21 years of age, a freeholder and taxpayer in said city and who shall have resided in the State for one year, and in the city for six months immediately preceding said election, and who is a qualified voter in said city, and entitled to register under the registration laws in force in this State, and qualified

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to vote for members of the General Assembly of Georgia. Eligibility to office. Section 2. That Section 9 of said Act be and the same is hereby amended by striking the word male, and the words incorporated under this Act in the second and third lines, inserting the word poll between the words all and taxes in the ninth line, and striking the words following immediately thereafter which may have been required of him by said city, and which he may have had an opportunity to pay agreeable to law, and the payments of all licenses and business taxes, so that said section as amended shall read as follows: Section 9. Be it further enacted by the authority aforesaid, That exery citizen of the City of Jonesboro, 21 years of age, and duly qualified to vote for members of the General Assembly of Georgia, who shall have resided in this State one year next preceding the election and six months in the corporate limits of the City of Jonesboro, next preceding the election, and who is a legal registered voter under the laws of said city, and who shall have paid all poll taxes, shall be qualified to vote at any election held in the City of Jonesboro for any purpose whatsoever. Voters qualified. Section 3. That Section 10 of said Act be and the same is hereby amended by striking in the eighteenth line of said section following the words, the polls shall open (at 9 o'clock A. M., and close at 3 o'clock P. M.), and substituting and inserting in lieu thereof, open at 7 o'clock A. M., and close at 6 o'clock P. M., thereby enabling said section with said change and insertion to otherwise remain as now printed and published as said Section 10, Acts of the General Assembly of Georgia, year 1919, and as commencing on page 1071 thereof. Election hours. Section 4. That Section 11 of said Act be and the same is hereby amended by striking all of said Section 11 of said

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Act and substituting in lieu thereof a new section to be numbered Section 11, and to read as follows: Section 11. That it shall be the duty of the city clerk upon the first day of October 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 city. Said book shall be kept open from 8 o'clock A. M. until 12 o'clock noon, and from 2 o'clock P. M. until 5 o'clock P. M. each and every day (Sundays and legal holidays excepted), until the 15th day of November 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. Section 5. That said Act be and the same is hereby amended by striking all of Section 14 and substituting in lieu thereof a new section to be numbered Section 14, and to read as follows: Section 14. Be it further enacted, That it shall be the duty of the clerk upon application in person, and not by proxy, of any person who is qualified to vote for members of the General Assembly, who has paid all 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, age, and sex. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, nor refuse any one who is entitled to register; and shall administer each person the following oath: You do solemnly swear that you are a citizen of the United States, that you have resided in Georgia for 12 months, in this county for six months and in this city for six months next preceding this registration

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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 21 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. And prior to each election the mayor and council of the city shall cause said registration list to be purged of the names of any persons not then qualified to vote, and said city clerk shall furnish the managers of said election with three copies of the list of qualified voters, made out in alphabetical order for use when the polls are opened. Registration of voters. Oath. Lists. Section 6. That Section 33 of said Act be and the same is hereby amended by striking commencing in the tenth line or if said city has no chaingang, then on any chaingang under control of the authorities of Clayton County, so that said section as amended shall read as follows: Section 33. Be it further enacted by the authority aforesaid, That the mayor of said city shall have power and authority to hold court at such time, and place in said city as he or the city council may appoint for the trial of offenses committed against the by-laws, rules and regulations and ordinances of said city, and for such violations to punish by fine not to exceed one hundred ($100.00) dollars, imprisonment in the guard house in said city, or the common jail of Clayton County, not to exceed 30 days, work on the chaingang or public works, streets, alleys, etc., of said city not to exceed 60 days, and any one or more of these punishments may be ordered, in the discretion of the mayor. The mayor of said city shall be ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said city. Said warrants may be served by the police or marshal of said city, or by any other officer authorized by law to make arrest, and acting under said warrant said officers may arrest either within

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or without the limits of said city. Offenders so arrested may be carried before the mayor and if there is a probable cause to suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the mayor to commit said accused to the common jail of Clayton County to answer to the charge in any court of competent jurisdiction; Provided, that if said offense is one that is bailable by justice of the peace, said mayor shall admit said accused to bail, if, in the examination or trial of any one accused under a charge of a violation of any of the municipal ordinances there is reason to suspect a commission of a crime on his part, the mayor shall have authority to bind him over or commit said accused for said penal offense. Penal powers. Section 7. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 25, 1937. LAVONIA CANDIDATES FOR OFFICE. No. 89. An Act to amend the charter of the City of Lavonia, in Franklin County (Acts of 1918, pages 710 to 739, inclusive), approved August 20, 1918, and all Acts amendatory thereof, to provide that candidates for the office of mayor or councilman file a notice of intention to offer for office at least 10 days prior to the date of the election; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That the Act entitled An Act to incorporate the City of Lavonia, in the County of Franklin, State of Georgia (Acts of 1918, pages 710 to 739, inclusive), approved August 20, 1918, and all Acts amendatory

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thereof, be, and the same are, hereby amended by adding a new section following Section 4 of said Act, to be known as Section 4a of said Act, and to read as follows: Act of 1918 amended. Section 4a. Each candidate for office of mayor or councilman of the City of Lavonia, shall, by noon 10 days prior to the election, file a written statement with the clerk and treasurer setting forth the fact that he is a candidate naming the office which he seeks, and no candidate shall be eligible to run for more than one office in the same election. Candidate's specification. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1937. MACON ELECTIONSAUDITORIUM. No. 300. 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, 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 Acts approved August 19, 1931, March 21, 1933, and March 28, 1935; to amend such Acts so as to provide that each elector in all primaries or general or special bond elections must vote at the city auditorium and that all polling places for all primary elections or general or special or bond elections shall be at the city auditorium; that the auditorium commission be

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abolished and that all powers and duties of the commission be vested in the mayor and council; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Acts 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 Acts approved August 19, 1931, March 21, 1933, and March 28, 1935, be and the same is hereby amended by striking Section 11 from the Act of 1927, page 1298, approved August 3, 1927, and inserting in lieu thereof the following: Act of 1927 amended. Section 11. Voters' Lists. It shall be the duty of the city clerk to cause to be printed and posted in front of the city hall, by 2 o'clock P. M. on the day preceding the election, the corrected list of the registered voters, and also to furnish each of the election managers a certified copy of such printed list on the evening before the election. Each elector in all primary elections or general elections or special elections or bond elections, shall vote at the city auditorium. The books of registration shall be open to public inspection at all times from the beginning of the registration to the day of the election. Lists of registered voters. Section 2. By striking Section 15 of the Act of 1927, page 1299, approved August 3, 1927, and inserting in lieu thereof the following:

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Section 15. Mayor to Furnish Election Material. It shall be the duty of the mayor of the city to furnish all necessary material for carrying on the elections of the city and he shall cause to be published in the city papers the names of the ward managers, and that the polling places in all primary elections, general elections, special elections or bond elections shall be at the city auditorium of the City of Macon. Such notices shall be published for 10 days previous to the election. Election material. Notice. Section 3. By striking Section 127 of the Acts of 1927, page 1353, approved August 3, 1927, and inserting in lieu thereof the following: Section 127. Auditorium Commission Abolished. That all powers and duties of the commission be vested in the mayor and council. The mayor and council shall have complete control and management over the city auditorium of the City of Macon. The mayor and council or a committee selected from council appointed by the mayor shall have authority to charge such sums as it may deem best for the use of the auditorium, and do any and all other acts that they may think necessary touching the operation, management and maintenance of the said city auditorium. Auditorium control and management. Section 4. That all Acts or parts of Acts in conflict with this Act are hereby repealed. Approved March 23, 1937. MACON FIRE EMPLOYEESHOURS. No. 258. An Act to amend an Act approved August 3, 1927, establishing a charter for the City of Macon, and the Acts amendatory thereof; and for other purposes.

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That Section 58 of the Act establishing a charter for the City of Macon, approved August 3, 1927, Georgia Acts 1927, pages 1283 to 1359, inclusive, be and the same is hereby amended by adding to Section 58 of said Act the following provisions, which shall be known as Rules 17 and 18, and shall read as follows: Act of 1927 amended. Rule 17. The hours of employment of those members of the fire department who receive regular salaries and devote their entire time to the department shall be regulated as follows: The department shall be organized under what is generally known throughout the United States as the two-platoon system, by which the number of men in the department shall be divided into two shifts of an equal number of men each, one shift to be known as Shift Number 1 and the other as Shift Number 2. Shift Number 1 shall be on duty 24 hours and off duty 24 hours, and Shift Number 2 shall be on duty 24 hours and off duty 24 hours. The chief, or other persons in charge or command of the fire department, in the event of great, threatening or unusual conflagration or similar emergency, shall have the power and authority to summon all the men on both shifts until the emergency has passed. Hours. Shifts. Emergency. Rule 18. The hours of employment of the members of the police department, with the exception of the detective department thereof, shall be regulated as follows: The department shall be organized into three shifts, which shall serve eight hours per day, each under the direction of the chief of police, except that the chief of police or other person in charge or command of the police department, in the event of threatened or existing disorder, shall have the power and authority to summon all the men on all shifts to duty until the emergency has passed. Hours per day.

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Section 2. All laws and parts of laws, and all amendments to the Act establishing a charter for the City of Macon, in conflict with the provisions of this Act, are hereby repealed. Approved March 23, 1937. MACON RETIREMENT PENSIONS. No. 287. An Act to amend an Act approved August 3, 1927, establishing a charter for the City of Macon, and Acts amendatory thereof; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Act approved August 3, 1927, establishing a charter for the City of Macon, Georgia, Acts of 1927, pages 1283 to 1359, inclusive, be and the same is hereby amended by striking from said Act Section 70 thereof, and by inserting in said Act a new section to be known as Section 70, and providing as follows: Act of 1927 amended. Section 70. Pension Provisions. Whenever any member of the police department or fire department of the City of Macon shall have served for 15 years or longer in one or both of said departments, he shall be permitted to retire from active service, upon his own application, subject, however, to the following terms and conditions: Retirement of police or fire member. (a) Any such employee desiring to retire by reason of disabilities contracted or inherited, or from natural causes while on or off duty, shall obtain from the city physicians, or one of them, a sworn certificate to the effect that such employee is no longer fit and competent to perform the active duties of his position, together with a statement of the grounds of unfitness or incompetence, and upon presentation of such certificate to the police or fire committee, as

Page 1982

the case may be, such committee shall pass upon said application and if they find the application to be meritorious shall recommend retirement of such applicant to the mayor and council. And should the recommendation of such committee be adopted by the mayor and council, the said applicant shall be retired on one-fourth pay if he has served 15 years. If more than 15 years of service is involved, he shall be retired on an increased amount to be provided on a percentage basis at a rate of 2% of his average monthly salary for each additional year he may have served, up to and including his twenty-fifth year. The action of the mayor and council upon said application shall be final and conclusive upon the applicant. Certificate. Approval of recommendation. Pay. (b) Such member shall then be known as a retired member of his department and to be relieved of all active duty of his position, and he shall be free to engage in such other occupation or business as he may desire. Relief from duty. (c) The retired pay granted under the provision of this Act shall continue to be paid to said retired employee for and during the term of his natural life, so long as the pension provision of the charter of the City of Macon remains in effect. Said retired pay, however, shall not be subject in whole or in part to assignment, sale or pledge. Life pay. Not assignable. (d) The mayor and council shall have the right to retire any member of the police or fire department, subject to the scale and condition of Paragraph (a) of this Act, whether or not such employee himself desires to be retired. Whenever any member of the police or fire department shall become totally or permanently disabled while in the discharge of his official duty, he shall be retired on pay equal to one-half of the salary received at the time of receiving his disability. The applicant shall also be entitled to other benefits, if any, as stated in Subsection (a) hereof. Subsections (b) and (c) shall apply to any member so retired. Right to retire member. Disability pay.

Page 1983

(e) Whenever any member of the police or fire department shall come to his death by reason of accident, or otherwise termed not to be caused from natural causes in the discharge of official duty, the City of Macon shall pay all funeral expenses not to exceed $250.00 and pay his widow or dependents a sum of money equal to one year's salary. Death benefit. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 23, 1937. MACON WATER COMMISSIONERSHOSPITAL COMMISSION. No. 289. An Act to amend the Act of the General Assembly of Georgia re-enacting and amending the charter of the City of Macon, approved August 3, 1927, and to repeal the Act of the General Assembly of Georgia amendatory thereof, approved February 23, 1935; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly of Georgia amending Section 105 of the Act of the General Assembly, approved August 3, 1927, re-enacting and amending the charter of the City of Macon, appearing on pages 1113 and 1114, Georgia Laws of 1933, be, and the same is hereby, repealed in its entirety. Section 2. Be it further enacted by the authority aforesaid, That Section 105 of the Act of the General Assembly of Georgia approved August 3, 1927, re-enacting and

Page 1984

amending the charter of the City of Macon, appearing in Georgia Laws of 1927 on pages 1344 and 1345, be amended by adding to said section the following proviso, to wit: Act of 1927 Amended. Provided, that the said board of water commissioners, after providing in each year for the payment of waterworks bonds maturing in such year and the interest due on outstanding waterworks bonds, and after paying all operating expenses of said waterworks, including the cost of necessary maintenance, repairs and extensions, shall have the power and authority to pay in each year to the Macon hospital commission, for the maintenance and support of the sick poor of the City of Macon, out of moneys and funds derived from the operation of said waterworks system, a sum not exceeding twenty thousand ($20,000.00) dollars in each year, the first payment under the provisions of this Act to be made in and for the calendar year 1937. Payments to hospital from water funds. Section 3. Be it further enacted by the authority aforesaid, That the sum of twenty thousand ($20,000.00) dollars advanced by the said board of water commissioners to the City of Macon under the provisions of an Act entitled 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, appearing on pages 1113 and 1114 of Georgia Laws of 1935, and approved on February 23, 1935, be and the same is hereby appropriated to the City of Macon. Money appropriated. Section 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 23, 1937.

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McINTYRE TERRITORY REFERENDUM. No. 326. An Act incorporating the Town of McIntyre, Georgia, approved August 10, 1910, so as to change the town limits of said town, to provide for a referendum of this amendment and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That an Act to incorporate the Town of McIntyre, in the County of Wilkinson, and for other purposes, approved August 10, 1910, be and it is hereby amended by striking Section 2 of said Act, and inserting in lieu, the following: Act of 1910. amended. Section 2. Be it further enacted that the corporate limits of said town shall extend one-half mile in every direction from the depot of the Central of Georgia Railway Company, as now located in said town, said depot being made the center of said town. Territory. Section 3. Be it further enacted that this amendment shall not become effective unless ratified by the legal voters of the Town of McIntyre, Georgia, including all legal voters residing within both the original incorporated limits and the additional area sought to be incorporated by this amendment. The mayor and council of said municipality are hereby directed to call an election for same by giving at least 30 days notice previous to said date of the election so called by advertising same in the official organ of Wilkinson County, Georgia, the newspaper in which sheriff's advertisements are published and to provide for the holding of said election in the same way and manner as elections for the mayor and council are held and subject to the same rules and regulations. Those desiring to vote in favor of the ratification of this amendment shall have written or printed on their ballots: For Extension of the Town Limits. Those desiring to vote against the ratification of

Page 1986

this amendment shall have written or printed on their ballots: Against Extension of Town Limits. The returns of said election shall be made to the mayor and council of said municipality who shall canvass the same and ascertain and declare the result. Should a majority of the qualified voters voting in said election vote in favor of the ratification of this amendment the same shall become immediately effective thereafter. Should a majority of the qualified voters voting in said election vote against the ratification of this amendment the amendment shall be null and void. Submission to popular vote. Ballots. Section 4. all laws in conflict with this amendment are hereby repealed. Approved March 24, 1937. MIDVILLE TAXING POWERS. No. 329. An Act to amend the Act incorporating the Town of Midville, as the City of Midville, and to confer additional powers on said corporation, and to amend and supersede all previous Acts incorporating the Town of Midville and to grant a new charter to said town, under the name of the City of Midville approved August 16, 1915, and appearing on page 704-713 of the 1915 Acts of the General Assembly; by changing the terms of office of members of council and by authorizing the mayor and council to levy taxes; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section 1. Section 3 of the Act incorporating the City of Midville appearing on page 704-713 of the 1915 Acts of the General Assembly be, and the same is hereby, stricken and the following paragraph added in lieu thereof to be known hereafter as Section 3: Act of 1915 amended.

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Be it further enacted by the authority aforesaid, that the mayor and two councilmen shall be elected for a period of two years on the first Wednesday in January, 1938, and two councilmen shall be elected for a period of one year on the same date, and thereafter two councilmen shall be elected to serve for a term of two years on the first Wednesday in January of each year thereafter, and the mayor shall be elected for two years thereafter. Election and terms of mayor and councilmen. Section 2. Section 16 of the Act incorporating the City of Midville appearing on page 709-10 of the 1915 Acts of the General Assembly be, and the same is hereby, amended as follows: By striking the words five mills after the word exceed in the fifth line of said Section 16, and substituting therefor the words ten mills, so that said Section, when amended, shall read as follows: Section 16. Be it further enacted by the authority aforesaid, That the mayor and council shall have full power and authority by ordinances to assess, levy and collect an ad valorem tax on all property, real or personal, within the incorporate limits of said city, said tax not to exceed ten mills on the dollar for current annual expenses; that they shall have power and authority to tax, license, regulate and control all taverns, hotels, cafes, restaurants, boarding houses (when boarders are taken for less time than a month), livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, vendue masters, itinerant trades, theatrical performances, shows, circuses and exhibitions of all kinds, itinerant lightning rod dealers, immigrant agents, clocks and stove peddlers, and peddlers of all kinds, itinerant dealers in jewelry and all other travelling or itinerant venders of goods, wares, merchandise, liniments, nostrums, of any nature whatsoever. Every kind of billiards, pool or bagatelle agent, except for public use, every keeper of a shooting gallery, tenpin alley, or keeper of any other table, stand or place for the performance of

Page 1988

any game or plays, whether played with sticks, balls, rings or other contrivances, upon the keeper of flying horses, bicycles, velocipedes, skating rinks, and upon insurance agents of every kind, express agents, express companies, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter houses, beef markets, and green groceries; upon every junk shop, pawn broker and upon all other establishments, businesses, callings, or avocations not heretofore mentioned, and which under the laws of Georgia are subject to license to tax. Tax-rate increase. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. MILLEDGEVILLE SCHOOL-TAX REFERENDUM. No. 458. An Act to amend an Act creating a new charter for the City of Milledgeville, Georgia, approved December 15, 1900, and the several Acts amendatory thereof, by providing that the authorities of the City of Milledgeville may levy a 2-mill increase in the tax now levied for the support of the public schools of said city; by providing that this amendment to the charter of the City of Milledgeville shall be effective only after a majority of the qualified electors of said city shall vote for the amendment; to provide for the holding of a special election for the purpose of ratifying or rejecting said amendment to said charter; to provide for the registration of voters for said election; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating the new charter for the City of Milledgeville, approved December 15, 1900, be and the same is hereby amended by adding thereto a new

Page 1989

section to be appropriately numbered and to read as follows: The mayor and aldermen of the City of Milledgeville are hereby empowered to increase the ad valorem taxes levied and collected for school purposes in said city upon all property, both real and personal, two mills in addition to the tax now levied for school purposes. Act of 1900 amended. Tax-rate increase. Section 2. This Act shall become effective only after a majority of the duly qualified electors of said city voting shall vote for amendment to charter providing for increase in school tax, and if a majority of said electors so vote, then this Act shall become effective. Referendum. Section 3. The Mayor and Aldermen shall provide for an election to be conducted as elections are now conducted and the returns thereof made by the managers to the mayor and aldermen who shall declare the results, which shall be entered upon the minutes so as to show the number of votes cast for and against said amendment to charter herein provided. The election shall be held on a day appointed by the mayor and aldermen within nine months from the approval of this Act; and two weeks publication and notice of the date of said election shall be given in public places in said city prior to said date. On the issue submitted to the voters of said city as aforesaid the ballot shall be marked For amendment to charter providing for a 2-mill increase in school tax and Against amendment to charter providing for a 2-mill increase in school tax. If a majority of those voting vote against the amendment to the charter providing an increase in the school tax, this Act shall be void; if a majority of those voting vote for the amendment to the charter providing for an increase in the school-tax, then this Act shall be of force as provided herein from and after January 1, 1938. The registration books of the said city, shall be opened 60 days prior to primary or election and closed 10 days prior to said primary or election and any qualified voter may register so as to be entitled to vote in said primary, or election. Election. Ballots.

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Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. MOULTRIE CITY CHARTER. No. 502. An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extraterritorial jurisdiction upon said city within certain adjacent territory; to confer power upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid or existing ordinance, rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Moultrie, Colquitt County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Moultrie, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to said City of Moultrie as hereinbefore incorporated, with power to govern themselves by such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as may be adopted and promulgated under the terms and provisions of this charter

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not in conflict with the Constitution or laws of this State or of the United States. And the said City of Moultrie may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and do all other things necessary to promote the municipal corporate purposes of said city and the welfare and proper government of its inhabitants. And the said City of Moultrie shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, or dispose of or sell, any interest in any real or personal property of whatsoever kind or description within or without the limits of said city, for corporate purposes. Said City of Moultrie, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities and undertakings, and shall succeed to all the rights, of said City of Moultrie as heretofore incorporated, and all existing valid ordinances, rules, by-laws, and resolutions of the city as hereinbefore incorporated remain unaffected hereby and are hereby continued and confirmed. Corporate name. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said city shall be the same as heretofore incorporated, namely: The northern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county courthouse square and lying at a distance of three-fourths of a mile north of the same; the southern boundary line of said city shall be a line drawn parallel to a straight line running east and west through the center of the county courthouse square and lying at a distance of 5,860 feet south of the same; the eastern boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and south through the center of the county courthouse square and at a distance of three-quarters of a mile east of the same; and the western boundary of said City of Moultrie shall be a line drawn parallel to a straight line running north and

Page 1992

south through the center of the county courthouse square and at a distance of three-quarters of a mile west of the same. Territorial limits. Section 3. Be it further enacted by the authority aforesaid, that for the purpose of eradication of mosquitoes, providing proper sanitation and the protection of the general welfare and public health the council of said city shall have jurisdiction over all property within one mile, in any direction, from the limits of the city as set out in Section 2 above, and shall have the power and authority to drain all streams or pools within said area which breed mosquitoes, and to take such other steps as they may deem necessary for the eradication of mosquitoes, to abate nuisances within said area which are injurious to the health of its citizens, to provide proper sanitation within said area for the protection of the health of its citizens, to appropriate money and to pass reasonable ordinances to carry out the provisions of this section. The officers and agents of said city shall have the right of ingress and egress over the property in said area for the purpose of sanitary inspection and of doing any and all things said city or its authorities may be empowered to do by the terms of this section. Health and sanitation. Section 4. Be it further enacted by the authority aforesaid, that, except as otherwise provided in this charter, all powers of the city shall be vested in a council of five (5) members, nominated and elected from the city at large in the manner hereinafter provided. The term of members of the council shall be for two (2) years and shall begin on the third (3rd) Tuesday in October next following their election. Council. Terms of office. (a) No candidate for a member of the council shall spend or promise any money, office, employment or other thing of value to secure a nomination or election. Candidates. (b) The present mayor shall continue in office as the mayor of the City of Moultrie under this charter until the

Page 1993

expiration of the term for which he was elected and until his successor is elected and qualified and the present aldermen of the City of Moultrie shall continue in office as councilmen of the City of Moultrie until the expiration of the terms for which they were elected and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of Moultrie created by this Act. Tenure of present officers. Section 5. Be it further enacted by the authority aforesaid, that on the first Monday in October, 1937, and biennially thereafter there shall be held an election for two (2) councilmen and mayor, who shall serve for two (2) years and until their successors are elected and qualified. On the first Monday in October, 1938, and biennially thereafter there shall likewise be held an election for three (3) councilmen, who shall likewise serve for two (2) years and until their successors are elected and qualified. Election of mayor and council. Section 6. Be it further enacted by the authority aforesaid, that the mayor shall preside at all meetings of the council and shall also have the powers and perform the duties conferred and imposed by this charter and the ordinances of the city. He shall have no vote in the proceedings of the council. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil process and by the Governor for purposes of military law. He shall have no regular administrative duties but in time of public danger or emergency shall, if so authorized and directed by vote of the council, take command of the police, maintain order and enforce the law. He, together with such others as the council may designate, shall execute such written instruments on behalf of the city as may be required by the council. Mayor's duties and powers. (a) At its first meeting in the month of October following a regular municipal election the council shall choose

Page 1994

from their members a vice-chairman who shall act as mayor pro tem. If a vacancy occur in the office of mayor, or in case of his absence or disability, the mayor pro tem. shall act as mayor for the unexpired term or during the continuance of the absence or disability. In the absence of the mayor and mayor pro tem. any of said councilmen so selected at the time may act as mayor pro tem. Mayor pro tem. Section 7. Be it further enacted by authority aforesaid, that no person shall be eligible to the office of mayor or member of council of said city unless he be a citizen of said city, and of the age of twenty-one years, and has resided in said city one year prior to said election and shall be a qualified elector of the city. Should the mayor or any member of council cease to possess any of the qualifications specified in this section, or be convicted of crime while in office, he shall immediately forfeit his office. Eligibility. Section 8. Be it further enacted, that at 8:00 o'clock P. M. on the third (3rd) Tuesday in October following a regular municipal election the council shall meet at the usual place for holding its meetings and the newly elected members shall assume the duties of office. Thereafter the council shall meet at such times as may be prescribed by ordinances or resolutions, but not less frequently than once each month. Such meetings shall be called by the clerk upon the written request of the mayor, the city manager, or three members of the council. All meetings of the council shall be open to the public and the rules of the council shall provide that citizens of the city shall have a reasonable opportunity to be heard at any such meeting in regard to any matter considered thereat; but, the council may, by a vote of three of its members authorize an executive meeting. Council meetings. Section 9. Be it further enacted, that before entering on their duties the persons elected as mayor and members of council shall appear at the council chamber of said city and take and subscribe before some officer authorized to

Page 1995

administer an oath or one of the retiring councilmen or the retiring mayor of said city, the following oath: I do solemnly swear that I will perform the duties of mayor (or councilmen as the case may be) of the City of Moultrie to the best of my skill and ability, as to me shall seem to the best interest and welfare of the City of Moultrie, without fear, favor or affection, so help me God. Oath of office. Section 10. Be it further enacted, that the council shall be the judge of the election and qualification of its members and, in such cases shall have power to subp[oelig]na witnesses and compel the production of all pertinent books, records and papers; but the decision of the council in any such case shall be subject to review by the courts. The council shall determine its own rules and order of business and keep a journal of its proceedings. It shall have power to compel the attendance of absent members, may punish its members for disorderly behavior and, by vote of not less than four (4) members, may expel a member for disorderly conduct or the violation of its rules; but no member shall be expelled unless notified of the charge against him and given an opportunity to be heard in his own defense. Council's powers. Section 11. Be it further enacted by authority aforesaid, that four (4) members of the council shall constitute a quorum to do business, but a less number may adjourn from time to time, and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three members of the council shall be necessary to adopt any ordinance, resolution or vote; except that a vote to adjourn, or regarding the attendance of absent members, may be adopted by a majority of the members present. No member shall be excused from voting except on matters involving the consideration of his own official conduct or when his financial interests are involved. Quorum of council.

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Section 12. Be it further enacted by authority aforesaid, that it shall be necessary to have read in regular session of the council three times all proposed ordinances before they shall be voted on by said council; Provided, that at the first reading of said proposed ordinance it may again be read at the same meeting by a unanimous vote of those present, and then it shall be ready for the third reading and passage at the next regular meeting of said council, Provided, that in no event can an ordinance be voted on or become effective until it shall have been read at three regular meetings of said council, or at two regular meetings as above stated. Ordinances. Section 13. Be it further enacted by authority aforesaid, that ordinances which do not provide for taking effect at a different time, shall take effect immediately after their passage. Effective time. Section 14. Be it further enacted, that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Moultrie, shall be superintended and managed by a justice of the peace 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 each of said managers, before entering on his duties, shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: Management of elections. We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. Oath. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the council chamber, or some other place previously provided

Page 1997

by the council, and the voting shall be by ballots. The polls shall open at half past seven A. M. and close at six P. M., standard time. The persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the council. Tally-sheets. Section 15. Be it further enacted, that the said managers shall certify two lists of voters and two sheets, and shall place one list of said voters and one of said tally sheets in the ballot box, together with the ballots cast at said election, and seal the same, and shall forthwith deliver the same to the ordinary of Colquitt County. The other tally sheet and list of voters, together with certificate showing the results of said election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said city who shall safely keep the same, and at the first regular meeting of the council occurring three days after said election, deliver said package to said council, who shall open the same and declare the results, if no notice of contest has been given. If notice of contest has been given, then all other proceedings shall be postponed until the contest shall have been decided. If the result of any election held in said city is contested, notice of such contest shall be filed with the ordinary of Colquitt County within three days after said election, setting forth all the grounds of contest, and upon the payment of a fee of ten dollars in advance to said ordinary, the said ordinary shall, within two days after he received the same, cause a copy of said notice to be served by the sheriff of said county, or his deputy, on the contestee, if said 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, and publish one time in the official organ of said city, or if there be no official organ, then the notice to be published one time in a newspaper published in said city. Said ordinary shall fix the

Page 1998

time of hearing the contest, which shall not be later than ten (10) 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 serving notice of contest. All contests shall be heard at the courthouse of Colquitt County. Said ordinary is authorized to hear and determine contests, and the losing party shall pay all costs, for which said ordinary is authorized to give judgment and issue execution. Certificate of election. Contest. Section 16. Be it further enacted, that all persons residents of said city, and who are qualified to vote for members of the General Assembly of this State, and who have paid all taxes required of them by the laws of said State and the ordinances of said city, and who have registered according to the laws of said city, shall be qualified to vote in all elections of said city. Registered voters. Section 17. Be it further enacted, that at the first meeting of the council after their election they shall choose a city manager, a city attorney, and a city recorder. They shall also choose a board of trustees of the public library, a board of tax assessors, a city planning commission, and a board of zoning appeals, as herein provided. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required, give such bond as may be fixed by the council. Municipal officers. Section 18. The city manager shall be the chief executive officer and the head of the administrative branch of the city government. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the city

Page 1999

or State, but during his tenure of office he shall reside within the city. No person elected to membership on the council shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. City manager, how chosen. The city manager shall be appointed for an indefinite term but may be removed by a majority vote of the council. At least thirty days before such removal may become effective the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the council, stating the council's intention to remove him and the reasons therefor with reasonable particularity. The manager may reply in writing to such resolution. If so requested by the manager the council shall fix a time for a public hearing upon the question of his removal and the final resolution removing the manager shall not be adopted until such public hearing has been had. Upon passage of a resolution stating the council's intention to remove the manager, it may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the council in removing the manager shall be final. In case of the absence or disability of the manager the council may designate a qualified administrative officer of the city to perform the duties of the manager during such absence or disability. Tenure and removal. (a) The city manager shall receive such compensation as may be prescribed by ordinance of the council. Pay. (b) The city manager must devote all of his working time and attention to the affairs of the city, and shall be responsible to the council for the efficient administration of all of the affairs of the city over which he has jurisdiction. Duties and powers. (c) The city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced.

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(2) To appoint a city clerk and treasurer, who may be one and the same person, a marshal or chief of police, a superintendent of water and light plant, and such other officers and employees as may be necessary or proper, Provided, that excepted from this power of appointment are those officers and employees who by this Act are appointed or elected by the council, and the board of school commissioners, and the officers and employees of the schools, which shall not be under the jurisdiction of the city manager. (3) To remove employees employed by him without the consent of the council and without assigning any reason therefor; Provided, nothing herein shall operate or confer upon the city manager supervision and control over the city planning commission, board of zoning appeals, the board of school commissioners, trustees of public library, city attorney, or board of tax assessors. (4) To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the council, except as otherwise provided in this Act. (5) To attend all meetings of the council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings. (6) To recommend to the council for adoption such measures as he may deem necessary or expedient. (7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the council, provided that no contract, purchase or obligation involving over five hundred ($500.00) dollars shall be valid and binding until after approval of the council. (8) To act as budget commissioner with such committee as the council may appoint to prepare and submit to the

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council prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amount allotted to each department of the city government and the reasons for such estimated expenditures. (9) To keep the council at all times fully advised as to the financial condition and needs of the city. (10) To make a full written report to the council on the first of each month showing the operations and expenditures, of each department of the city government for the preceding month. (11) To fix all salaries and compensation of city employees lawfully employed by him. (12) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the council. (13) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as herein provided, and all contracts for printing shall be made, and he shall approve all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred ($500.00) dollars or more shall be approved by the council. In the capacity of purchasing agent he shall conduct all sales of personal property which the council may authorize to be sold, and which have become unnecessary or unfit for the city's use; all such sales shall conform to such regulations as the council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) dollars be involved, opportunity for competition shall be given. Purchases. (14) The city manager, before entering upon the discharge of his duties, shall give bond in the penal sum of at least ten thousand ($10,000.00) dollars to be fixed and

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approved by the council (the premium of which shall be paid by the city), payable to the City of Moultrie, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance or non-feasance in the performance of his duties. Bond of city manager. Section 19. Neither the council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the city manager is authorized to appoint or remove. Except for the purpose of inquiry, the council and its members shall deal with such officers and employees solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. Appointments. Section 20. The city attorney shall be an attorney at law who shall have practiced in the State of Georgia for at least five years. He shall be the chief legal adviser of and attorney for the city and all departments and offices thereof in matters relating to their official powers and duties. It shall be his duty to attend all meetings of the council; to give advice in writing, when so requested, to the council, the city manager or the director of any department; to prosecute or defend, as the case may be, all suits or cases to which the city may be a party; to prosecute for all offenses against the ordinances of the city and for such offenses against the laws of the State as may be required of him by the council; to prepare all contracts, bonds and other instruments in writing, in which the city is concerned, and to endorse on each his approval of the form and correctness thereof; and to perform such other duties of a legal nature as the council may by ordinance require. In addition to the duties imposed upon him by this charter or

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required of him by ordinance or resolution of the council he shall perform any duties imposed upon the chief legal officers of municipalities by law. City attorney. Section 21. Be it further enacted, that it shall be the duty of the marshal of said city to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the laws governing sheriff's sales in this State. He shall have the same power to place purchasers in possession as have sheriffs of this State. No person shall be eligible to the office of marshal, clerk or city attorney, who is not a qualified voter of the State and county. Marshal. Section 22. Be it further enacted, that there shall be a recorder's court in said city for the trial of all offenders against the laws or ordinances of said city, to be held by the recorder in the city hall of said city as often as may be necessary. In the absence or disqualification of the recorder, the mayor pro tem. shall hold said court, and in the absence or disqualification of both the recorder and mayor pro tem., any one of the councilmen may hold said court. Said court shall have the power to preserve order and to compel the attendance of witnesses, punish for contempt by imprisonment not exceeding ten days, or fine not exceeding ten dollars, or both. Said recorder shall have full power and authority, upon conviction of any offender against the penal ordinances of the city, to sentence such offender to labor upon the streets or chaingang of said city, or be confined in the guardhouse of said city, for a term not exceeding fifty days, or pay a fine of one hundred dollars. Either one or more of said penalties may be imposed in the discretion of the recorder. Recorder's court. Section 23. Be it further enacted, that any person convicted in the recorder's court may appeal to the city council, who shall hear the case anew, and shall by a majority vote acquit the appellant or sentence him, or fine him, in their

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discretion, not exceeding the terms and amounts fixed in Section 51 of this charter. The person so convicted may, if he sees fit, certiorari said case either before or after appeal to the city council. Appeals. Section 24. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government, the council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the council shall, upon a recommendation by a two-thirds vote of all members of the board of school commissioners of said city, levy and collect annually, an ad valorem tax not to exceed twelve mills on all taxable property of said city; Provided, that the money so collected shall be used only for school purposes, as herein provided, and the council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of the city school commissioners of Moultrie, Georgia. Tax ad valorem. Section 25. Be it further enacted, That the council of said city shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vocation, profession or avocation, within the corporate limits of said city, to register their names and business, calling, vocation, profession, or avocation, before beginning or carrying on said business, calling, vocation, profession, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said council may prescribe. Said council shall have the right and power to prescribe, by ordinance,

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such penalty or penalties for the violation of this section as they may see proper, not exceeding the punishment as prescribed in Section 51 of this charter. Business registration and fees. Section 26. Be it further enacted, that said council shall have the power to classify and arrange the various business, trades, callings, vocation, professions and avocations carried on in said city into such classes for taxation as they may see fit. The said council may, if they see fit, collect the amount that may be due said city for special licenses or special taxes in the same manner as other taxes are collected; this is additional to assessing the penalty as above prescribed in Section 25. Classification for taxation. Section 27. Be it further enacted, that the council shall have the full power to regulate and control the sale of malt, alcoholic liquors, spirits or beverages within the corporate limits of said city, and at their discretion to license to sell, or to withhold the same, and to fix the price to be paid for license at any sum they may see proper. Beverages. Section 28. Be it further enacted, that the council shall have full power and authority to license or refuse to license billiard tables, tenpin alleys, and all like contrivances, and pool tables kept and used in said city. Table licenses. Section 29. Be it further enacted, that the council shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Exhibitions. Section 30. Be it further enacted, that the council shall have full and complete control of and authority over the streets, alleys and sidewalks of the city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening, or otherwise changing the streets,

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sidewalks or alleys, and grading the streets, sidewalks or alleys of the city; and whenever the council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands or control of the owner, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by Sections 36-301 et seq., Code of Ga. 1933, and the amendments thereto. Streets. Condemnation. Section 31. Be it further enacted, that the council shall have the right and power to make an assessment on the various lots of land in said city for sanitary purposes, not to exceed two dollars per year on each lot so assessed, and said council are hereby empowered to collect the same by execution against the lot so assessed, and the owner thereof; the amount so assessed shall be a lien on the lot so assessed from the date of the assessment. The execution may be issued and enforced in the same manner that tax executions of said city are issued and enforced. The amount so raised shall be used for sanitary purposes only. Said council shall have the power and authority to prescribe what shall constitute a lot for sanitary purposes and assessment; Provided, no lot shall be less than twenty-five feet front; and provided the assessment made under this section shall not be made on vacant lots; and provided further, that residence lots shall not be subdivided. Sanitary assessments. Section 32. Be it further enacted: (1) That the council of said city shall have full power and authority, in their discretion, to pave, curb, gutter, remove or repair, or otherwise permanently improve any of the sidewalks of said city, with whatever material they may think best, and in any manner they may see fit. That in order to carry into effect that section they may assess any part or all of the cost of improving such sidewalks, including all necessary curbing, gutter, and other expenses therewith connected, on the land and the owners thereof abutting

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the sidewalk so paved or improved according to the frontage owned by them thereon; and the council is hereby authorized and empowered to pass all necessary ordinances to carry out the provisions of this section. Street improvements. (2) Said city shall have power and authority by ordinance to grade, pave, macadamize or improve, for travel or drainage any of the streets, alleys or ways of said city, and to assess two-thirds of the cost of such grading, paving, macadamizing or improving against the owners of the property abutting on each side of the streets, alleys or ways so graded, paved, macadamized or improved, according to the frontage owned by each on such streets, alleys or ways, and said city shall have power and authority to grade, pave, macadamize and otherwise improve, as they shall deem proper, the width of and two feet on said side of the tracks of any street railway company, or steam railway company, that may run, now or hereafter, through or across the streets, alleys or ways of said city, and to assess the entire cost of such improvements against such street railway company or steam railway company, and the same shall be enforced and collected by execution as is provided in Paragraph 3 of this section. Powers. (3) The said City of Moultrie is hereby empowered to enforce the payment of the assessments provided for by Paragraphs (1) and (2) of this section by execution against the abutting property owners and the abutting property, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and shall be subject to all the incidents of purchase by the city and redemption by the owner, etc., as is provided by Section 879, et seq., of the Code of Georgia, of 1911, and the amendments thereto; Provided, however, that to an execution issued under the provisions of this section the defendant shall have

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the right to file an affidavit denying that the whole or any part of the amount for which the execution is issued is due, and the reason why same is not due, which amount so admitted to be due shall be paid before the affidavit is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Colquitt County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. Assessments. (4) When any property of Colquitt County abuts upon any sidewalk in said city, the said City of Moultrie shall have power and authority to pave, curb, remove or repair the same and assess the whole cost of the same against the county, according to frontage, and when such property abuts upon any street, alley or way that is graded, paved, or otherwise improved by the said City of Moultrie, said city shall have power and authority to assess against said Colquitt County, its proportionate part of two-thirds of the cost of such grading, paving or improving, according to frontage, and the method of collection, in case of refusal to pay, shall be by suit against the county commissioners of Colquitt County in some court of competent jurisdiction. County property. (5) One publication of the ordinance or ordinances providing for the improvements mentioned in this section, in the newspaper in Colquitt County in which the sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or street railway companies or steam railway companies having tracks on the streets, alleys or ways to be improved, of the contents and provisions of such ordinances, and of the fact that such improvements are to be made. Publication of notice. Section 33. Be it further enacted, that the council shall have power to pass such ordinances, and enforce compliance therewith by suitable penalties, as may be necessary for the

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protection of the city waterworks and electric lights and electric light plant and appurtenances, and for the securing the purity and healthfulness of the water supply, and shall have full power and authority to abate and remove anything which may cause impurity or unhealthfulness of the water of said waterworks. Light and water protection. Section 34. Be it further enacted, that said council shall have power and authority by resolution to provide for the collection of water and light charges, and to enforce the payment of any charge for any water and lights by execution against the person, which said execution shall be issued like executions for taxes under existing ordinances or such as may hereafter be made applicable to the subject. They shall have the power and authority to pass ordinances to provide for the manner of carrying the provisions of this section into effect. Light and water charges. Section 35. Be it further enacted, that the council shall have full power and authority to make rules and regulations concerning the introduction and maintenance of water and electric service into any premises, and from time to time to regulate the same; they shall have the right to examine the apparatus connected with said water or electric service; and if any person refuse to allow such examination on his or her premises, they shall be punished as may be prescribed by ordinance of said council. Regulations. Examinations. Section 36. Be it further enacted, that the council shall have full power and authority to make rules and regulations, and pass all ordinances they may deem necessary regulating the furnishing of electricity into residences, stores, manufacturing enterprises, and other places, by the electric light plant of said city, and for the protection of the apparatus and other fixtures and appurtenances of said electric light plant. The council shall have the right and power to regulate the charges that may be made for the use of

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light from the said electric light plant and water from the waterworks of said city. Charges for service. Section 37. Be it further enacted, that the council shall have full power and authority to require the owner of any improved lot in said city to provide suitable privy or water-closet accommodations on said lot, wherever in their judgment such are necessary. The council shall have the authority to condemn and forthwith prevent anyone using any privy or water-closet in said city, that they may deem against the healthfulness of the city, or deleterious to the proper sanitary condition of said city. The council is authorized to enforce this section by ordinances prescribing penalties for the refusal of anyone violating the same. The council may condemn any water-closet or privy, and order the owner to remove the same, and if, after three days' notice, the owner has not complied with such order, the marshal shall remove same at the cost of such owner. The amount to be collected from said owner as taxes are collected. Sanitary. connections. Section 38. Be it further enacted, that the council of said city shall have full power and authority to lay out a fire district in said city, and from time to time enlarge, change or make smaller the same, as to them may seem meet and proper; to prescribe when and how, and of what material, any building or structure may be built in said fire limits; to prescribe of what material the roof may be made, how thick, and how high the walls shall be, how thick, and of what material, and how high the chimneys or flues shall be made, and generally to do all things that may be necessary to prevent fires in said fire district. They shall have authority to require all persons whomsoever to submit to them for approval all plans and specifications of all buildings or structures before same are commenced to be erected or built within said fire limits, and by appropriate ordinances prescribe penalties for the failure so to do. They

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shall have power to order any building to be so arranged as to make it more safe from fire, and they shall have the right to change, remove or repair any chimney or flue within said fire limits that may endanger the property of another, and to assess the cost of the same against the owner. Fire regulations. Section 39. Be it further enacted, that the council shall have power and authority by ordinance or resolution to condemn as a nuisance and to remove any burned or untenantable buildings in said city, and to assess the entire cost of said removal against the property on which said building is located and against the owner thereof. They are hereby empowered to enforce the payment of said assessment for the removal of said buildings by execution against the property and the owner thereof, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all the incidents of purchase by the city and redemption by the owner as provided by Section 879 et seq., of Park's Ann. Code of Georgia, and the amendments thereto; Provided, however, that to an execution issued under the provisions of this section the defendant shall have the right to file an affidavit denying the whole or any part of the amount for which the execution is issued is due, and the reason why same is not due, which amount so admitted shall be paid before the affidavit is received, and said affidavit so received shall be returned to the Superior Court of Colquitt County and there tried, and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegalities filed for delay. Removal of buildings, etc. Section 40. Be it further enacted by the authority aforesaid, that the council shall be authorized to provide by resolution, ordinance, or otherwise, suitable regulations for the drainage, sewerage, plumbing, and all that may be

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needful for improved sanitation, and provide means and agencies for the carrying out and enforcement of the same through the proper officers, and make all necessary inspections; to withhold licenses for plumbing to any but competent persons, and to do all else that is or may be necessary to require compliance by individuals with the rules and regulations thus adopted, and shall have power to make alterations and amendments thereto as from time to time may be needed. Drainage and plumbing regulations. Section 41. Be it further enacted, that said council be, and they are, hereby authorized to construct and lay down sewers through property in said city; Providded, that before doing so, any damages done to private proverty thereby shall be ascertained and paid. The manner of ascertaining the damages shall be the same made as in cases of opening streets and alleys, as set forth in Section 30 of this Act. Sewers. Section 42. Be it further enacted, that any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, on the first day of April each year, after the passage of this Act, shall return the same for taxation, under oath, at any time from April the first to June first, of each year, to the clerk of said city, or other officer authorized to receive tax returns for said city. The council of said city shall cause to be prepared a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal, including money, notes and accounts, choses in action, mortgages, bonds, and stock of all kinds, not by law exempt from taxation. The full face value of all notes, accounts, mortgages, crop liens, stock, bonds, and other investments and

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securities held by each taxpayer in said city, in his own right or as agent, trustee, guardian, executor or administrator, on the first day of April of each year, shall be returned, whether solvent or insolvent, and with the estimated value of all such notes, accounts, mortgages, stocks, and bonds, and other investments and securities. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified to administer an oath, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of April of the present year, subject to taxation in the City of Moultrie, including money on hand, notes, accounts, mortgages, choses in action, stocks, bonds, and other investments and securities, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Tax returns. Valuations. Section 43. Be it further enacted, that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the council, the term of each tax assessor to be for a period of three years. The present tax assessors of the City of Moultrie shall continue in office as tax assessors of the City of Moultrie under this charter until the expiration of the term for which they were elected and until their successors are elected and qualified. At the first meeting of the council after the close of the tax books for the year 1937, they shall elect a member of the board for a term of three years to fill the place of the members whose term expires in 1937. Yearly thereafter, immediately after the close of the tax books of said city said council shall elect a city tax assessor for the term of three years.

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In case of a vacancy on said board, said council may cause said vacancy to be filled by election at any time. In case said election for such assessor or assessors do not occur at the prescribed time, said council may elect said assessors at any time subsequent to said time. Said city tax assessors may at any time be moved from office by the council for any good and sufficient cause, to be judged of by said council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property when, in their judgment, the value placed thereon by the taxpayer is too small. The council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them; Provided, that the council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a time and place for hearing objections to their assessments, and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served presonally on said taxpayer by the marshal or policeman of said city, or mailed to said person to his last known address, with postage prepaid. Said council shall have power and authority to provide, by ordinance, for assessing all property, both real and personal, not returned for taxation, and for double taxing tax defaulters. The city tax assessors shall take such oath and receive such pay as the council may prescribe. Said city assessors shall have power to require said taxpayer to furnish them a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments

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when, in their opinion, their production is necessary for a correct assessment; the council may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guardhouse, or on the city chaingang, or a fine of one hundred dollars; any one or all of these may be assessed against such offenders. Tax-assessors. Duty. Section 44. Be it further enacted, that the council shall have the power to fill any vacancy that may occur in any office under election or appointment of said council. Should any vacancy occur in the office of council, the remaining members may fill said vacancy by electing any citizen of said city, qualified to hold the office to such vacancy. Said officer so elected shall hold said office until the next regular election for members of council, when his successor shall be elected to fill out such unexpired term, as prescribed by Sections 5, 14 and 15 of this Act. Vacancy in office. Section 45. Be it further enacted, that the offices of the city clerk and treasurer may be held by the same person. It shall be the duty of the clerk to receive the tax returns, collect the taxes, licenses and business taxes, and special taxes, or licenses, fines and assessments made by the council. It shall be the duty of the treasurer to keep the different funds separate, make written monthly reports of the State of the different funds on hand, and condition of the treasury. It shall be the further duty of the clerk to attend all meetings of the council, to keep a correct docket of the recorder's court, which docket shall show the disposition made of each case tried by said recorder's court. Clerk and treasurer. Duties. Section 46. Be it further enacted, that the council shall have power to require of parties and witnesses such bonds as may insure their appearance, and to pass all ordinances necessary to carry this section into effect. They shall further have the right to forfeit and collect said bonds in the same manner as bonds are now forfeited in the State courts. Appearance bonds.

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Section 47. Be it further enacted, that the council shall be empowered and authorized, through a committee or by themselves, upon the suspension of the city manager, to examine into the working of, and business of, any officer, or conduct of any officer, and said committee, or the council conducting said examination, shall have power to send for such persons and papers, and compel the attendance of persons so summoned, swear witnesses, compel the production of such papers and all disclosures pertinent to such investigation. Examinations. Evidence. Section 48. Be it further enacted, that the council shall have the power to establish a fee bill for the officers of said city; said fees may be collected and turned into the treasury of said city, or may be paid to the officer so earning said fees, as the council shall, by ordinance, direct. Fee bill. Section 49. Be it further enacted, that all warrants, executions, precepts, or other processes, issued by the mayor, or clerk of said city, shall be directed to the marshal and all and singular the policemen of said City of Moultrie. Processes. Section 50. Be it further enacted that the council shall have full power and authority to pass all by-laws and ordinances respecting public buildings and grounds, work houses, public houses, vehicles and conveyances of all kinds, pumps, wells, springs, fire engines, care of the poor, supervision of disorderly houses, houses of ill-fame, for the prevention and punishment of disorderly conduct, and conduct liable to disturb the peace and tranquillity of any citizen or citizens thereof; and any other by-law, regulation and ordinance that they may deem proper for the security of the peace, health, happiness, order and good government of said city. Welfare ordinances. Section 51. Be it further enacted, that said council shall have full power and authority to prescribe, by ordinance, adequate penalties for all offenses against the ordinances of said city not hereinbefore provided for, and to punish

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offenses by imprisonment in the guardhouse of said city, or work on the chaingang of said city, for a term not exceeding fifty days, or a fine of not exceeding one hundred dollars; the officer trying said offender may, on conviction of said offender, impose any one or all of said penalties. Penal powers. Section 52. Be it further enacted, that the recorder and each councilman shall, to all intents and purposes, be a justice of the peace, so far as to enable them to issue warrants for offenses committed in the City of Moultrie, and they shall have the right to commit to the jail of Colquitt County, or admit to bail (provided the offense be bailable) for any violation of the State laws. The jailer of Colquitt County is hereby required to receive all such persons so delivered to him by said authorities, and keep them as he does other persons committed to him. Recorder's committals. County jailer. Section 53. Be it further enacted, that the council has the right to revoke at any time any license that may be granted by them under the provisions of this charter for the violation of the laws and regulations granting same, or when it shall to them appear that it is to the best interest of the city so to do. License revocation. Section 54. Be it further enacted, that the council shall have the right and power to levy a tax of one-fourth of one per cent on all the taxable property in said city in case of an emergency, to be judged of by them, said levy to be added to the ordinary tax and collected in the same manner and used for the same purposes. Emergency tax. Section 55. Be it further enacted, that the council shall have the authority to grant franchises, by proper ordinances, to any electric light company, telephone company, street railroad company, sewerage company, waterworks company, or other like utilities, or to grant same to any person or corporation under such restrictions and for such times as they may see fit, not to exceed forty years from the date of the granting of the franchise. Franchises.

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Section 56. Be it further enacted, that the council of said city, shall have the right to pass ordinances and the power to enforce same to take up and impound any horse, mule, asses, cows, hogs, goats, sheep, or other animals running at large in said city, and to make and enforce all ordinances that may be necessary for the regulation and control of such animals in said city, and they shall have the power to levy a tax on each dog in said city, not to exceed one dollar per year, and to enforce said tax as other taxes are enforced; in addition to which they shall have the right to pass ordinances requiring the inoculation of all dogs in said city against rabies, and ordering the police officers of said city to impound or kill all dogs which have not been so inoculated or for which the tax be not paid. Animals. Control and tax. Section 57. Be it further enacted, that the accusation preferred against any offender may be in the following form, to wit: State of Georgia, City of Moultrie: I,....., charge and accuse..... with the offense of..... (stating the offense fully) contrary to the laws of said City of Moultrie. Which offense was committed in said City of Moultrie on the..... day of....., 19..... This may be signed by the marshal or any policeman, or by any party desiring the alleged offense inquired into. A substantial compliance with the above accusation as to form and substance shall be sufficient. A copy of said charges shall be delivered to said accused on his demanding the same. He shall be considered to have waived copy of such charge unless he demands same. Accusations. Section 58. Be it further enacted, that the council shall have the right to elect three citizens of said city to constitute a board of health, and said council shall have the right to carry out the recommendations of said board of health by proper ordinances, rules and regulations. Health board.

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Section 59. Be it further enacted, that the council shall have the right to establish a chaingang for said city for the purpose of working the streets, drains or any other work with the convicts of said city. And in case any person escapes, or attempts to escape from said chaingang, charges shall be preferred against him, and he may be tried in the recorder's court for said offense, and on conviction thereof the recorder may sentence said offender as prescribed by Section 51 of this Act. Chain-gang. Section 60. Be it further enacted, that it shall be the duty of the clerk of said city council to keep open at his office a book for the registration of voters, alphabetically arranged, in which book all qualified voters of said city may register at any time up to the closing of said book ten days prior to each election. Said book shall be closed ten days immediately preceding each election, after which time no one shall be allowed to register until after said election. At all other times said book shall be opened for registration of voters. No one shall vote in any election unless he has registered in said registration book within twelve months preceding said election. Before registering his name, as aforesaid, each person shall take the following oath, which oath may be written or printed at the beginning of said registration book, or at the top of the page on which said registration is had, to wit: I,....., do solemnly swear (or affirm) that I am twenty-one years old (or will be on the..... day of..... next), have resided in this State one year (or will have so resided in this State one year on the..... day of..... next), and in this county six months (or will have so resided in said county six months on the..... day of..... next), and am a citizen of the City of Moultrie, Georgia. I have paid all poll taxes due the State of Georgia, Colquitt County, and the City of Moultrie, which have been required of me, and which I have had an opportunity to pay, so help me God. The registrar shall date

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the time of each name so registered. The clerk of said city shall make, or cause to be made and delivered to the managers of each election, an accurate alphabetical list of all the registered voters for that election. The managers shall have the right to require said voter to take the above oath before allowing him to vote, even though his name appears in the list of registered voters furnished them by the clerk, as above set forth. Registration of voters. Section 61. Be it further enacted, that fifteen days prior to the close of said registration books the clerk of said city shall run a citation for one issue in the official organ of said city, or if there be no official organ of said city, then the said clerk shall post on the door of the city council chamber, in a conspicuous place, a notice calling the attention of the voters of said city to the fact that the registration books of said city are open for registration at his office. Publication of citation. Section 62. Be it further enacted, that if the said clerk, or other party having in charge said registration book, shall knowingly prevent any one qualified to register, or shall likewise knowingly register any one or allow any one to register who is not qualified to register, he shall be subject to be punished on conviction therefor as prescribed by Section 51 of this Act. Should any one register, or attempt to register, or vote, or attempt to vote illegally in such election, he, on conviction thereof, shall be likewise punished. Illegal voting. Section 63. Be it further enacted, that the council shall have the right and power to require all persons subject by the State law to road duty, residents of said city for more than ten days, subject to work the streets of said city, to work the streets of said city for a term not exceeding fifteen days each year, or to pay a commutation tax in lieu thereof not to exceed five dollars per year, as the council may determine. Said tax may be paid in installments if the council should so order, or it may be required all at once. Should

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any person fail and refuse to work the streets, who is liable to such duty; or to pay the commutation tax in lieu thereof, after having received due notice from the marshal or policeman so to do, such persons may be tried before the proper authorities, and on conviction therefor be punished as prescribed by Section 51 of this Act. Street tax or work. Section 64. Be it further enacted, that the council at their last meeting shall provide what pay the incoming mayor and councilmen shall receive for their services, which amount, when so fixed, shall not be changed during their term of office. In case the retiring councilmen fail to fix the salaries of the incoming officers, then the incoming officers shall receive the same pay as did their immediate predecessors. Fixing of salaries. Section 65. There shall be created, as a part of the government of the City of Moultrie, a commission to be known as the city planning commission, which commission shall consist of six citizens to be appointed by the council with the city manager as an ex-officio member thereof. Planning commission. Section 66. Said commission shall have all the power hereinafter set forth, and, in addition thereto, such powers as may be proper and consistent with the organization and operation of said commission as may be established by ordinance passed by the council; and an office shall be provided for said commission at the city hall, if possible, at which to hold its meetings, transact its business, and keep its records. Said commission shall have power and authority to employ consulting advice on municipal problems and such other help as may be necessary, and to pay for the services thereof, including disbursements incurred by its members in the performance of their duties under the direction of such commission, from such funds as may be pledged at the disposal of said commission by authority of the council. Powers. Section 67. It shall be the duty of said commission and they shall have power to recommend or make suggestions to

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the council and to all other authorities concerning the laying out, widening, extending, and parking and location of streets, sidewalks, and boulevards; the relief of traffic conditions, congestion, and development of housing and sanitary conditions, and the establishment of zones or districts; suggestions concerning the use, height, area, and build of buildings or structures; to recommend to the council and all other public authorities plans for the future growth, development, and improvement of the municipality, and especially with regard to its public and private buildings, and works, streets, parks, grounds, and vacant lots; and plans consistent with the future growth and development of the city, looking towards the proper sanitation and service by public utilities; and generally to do and perform any and all other acts and things necessary or proper to carry out the provisions of this Act; to study and propose such measures as may be advisable for the promotion of public interests, health, morals, safety, comfort, convenience, and welfare of said city. Recommendations, etc. Section 68. Said commission shall have authority to investigate and make recommendations concerning all plans for sewers, both sanitary and storm-water, where placed in any property or subdivision or lots which are intended to be sold. Whenever said city undertakes the erection of a public building aside from school buildings, the buildings here referred to constitute buildings to be owned and controlled by the City of Moultrie, the plans and locations thereof must first be submitted to the commission and receive its approval before the erection of such building is begun. Said commission shall have authority to make recommendations to all parties, corporations, or public authorities with reference to the erection of buildings, structures, or work to be erected or remodeled, and such persons or authorities shall have authority to call upon the commission for a report as to the construction, placing, or designing

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of buildings or other structures and improvements or objects of art. Sewers. School buildings. Construction reports. Section 69. All officials of said city shall at all times render assistance to said commission when it calls upon them for such service. Assistance. Section 70. The council shall make such appropriation for carrying on the work of said commission as it thinks proper in like manner and form as appropriations are made to other departments of the city. Said commission shall have authority to receive gifts, bequests, and devises of property, and to carry out the general purposes of same; and when such gifts, bequests, or devises are made to said commission it shall have full, complete, and final control and disposition over same, and same shall not pass into the city treasury or otherwise be counted as a part of the revenue of the city. Appropriations. Section 71. Said commission shall prepare and submit to the council a comprehensive plan for zoning the city, for the purpose of suggesting the proper location of streets, apartment houses, dwellings, and other uses of property, the height of buildings, the area of the lot, the provision of yard space, and the fixing of building lines. It is not intended by this provision to vest in said commission or the council authority to finally control the location and operation thereof, but only to make suggestions which shall be given publicity, and to give the owners or builders the benefits of the suggestions, all looking towards the final betterment and improvement of the city. Zoning plans. Section 72. No ordinance or resolution authorizing any buildings, works, or improvements, where same is done by authority of the city or for the benefit of the city, shall be passed by the council unless same shall have first been submitted to the commission for its consideration and had report thereon. Afterwards the council may accept or reject the

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report; but it is the purpose of this provision to provide for a recommendation, either favorable or unfavorable, by the commission thereon, to wit, public buildings, as above stated, where undertaken by or on behalf of the City of Moultrie, except school buildings, viaducts, bridges, street fixtures, and other street structures and appurtenances; opening, widening, vacation or extension of any street. Ordinances. Recommendation. Section 73. Where any ordinance or resolution relating to the matters just named are introduced in the council, the city clerk shall, upon its introduction, refer such ordinance or resolution to the commission, and the council shall not act thereon until report shall be made by the commissioners, as above stated; except where such report is delayed beyond a period of thirty days, the council may take it up and pass same without such report. Reference. Section 74. Zoning, Regulations. The council may, in the interest of the public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment-houses, dwellings, or other uses of property, or for the purpose of regulating the height of the buildings or other structures, or for the area or dimensions of the lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises, the

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number of persons, families or other group units to reside or use buildings, the public, quasi-public, or private nature of the use of the premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Zoning ordinances. Residence Sections. For the reasons above stated, said council shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein the class or classes of residents to be housed therein and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. No such ordinance or amendment thereto authorized by either of the above sections shall be adopted except by four-fifths (4/5) vote of the council. Residences. Preparation of Plan; Notice and Hearings; Ordinance. No ordinance adopting zoning regulations as above authorized shall be passed until after a comprehensive plan for the zoning of the city has been prepared and submitted to the council by the city planning commission. Whenever the city planning commission shall certify to the council a plan for the zoning of the city, the council shall hold a public hearing thereon, and shall give notice of the time and place thereof in a newspaper in general circulation in the city; and during said time a copy of such plan and proposed ordinance shall be on file for public examination in the office of the city planning commission or any such other office as may be designated by the council. No ordinance, measure, or regulation which violates, differs, or departs from the plan or report submitted by the city planning commission shall take effect unless passed by a four-fifths (4/5) vote of the council. Notice and hearing as to plan. Amendment of Zone Plan. The council may from time to time amend or change the regulations or districts established

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by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall be first submitted to the city planning commission for approval or disapproval, and the city planning commission shall have been allowed a reasonable time, not less than thirty days for consideration and report. Whenever the owners of 50 per cent. of the land in any area shall present a petition, duly signed and acknowledged, to the council, requesting an amendment of the regulation prescribed for such area, it shall be the duty of the council to vote upon such amendment within 90 days of the filing of same by the petitioners with the city clerk. Amendments and changes. Board of Zoning Appeals. The zoning regulations shall be enforced and administered by the inspector of buildings under the rules and regulations of the board of zoning appeals. The council shall create and choose a board of zoning appeals, which board shall hear and decide appeals from, and review any order, requirement, decision, or determination made by, the inspector of buildings in the enforcement of the zoning regulations. The council may authorize the board of zoning appeals to administer the details of the application of any zoning regulations, and may delegate to such board, in accordance with general rules set forth in the zoning ordinance, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such administrative powers and functions may be delegated by the council, either in whole or in part, to the city planning commission, and the city planning commission when acting in accordance with such delegations shall be the board of zoning appeals. Appeals. Certiorari to Review Decision of Board of Zoning Appeals. Every decision of the board of zoning appeals shall be subject to writ of certiorari issued from the Superior

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Court upon the same terms as such writs are issued in any case. Certiorari. Section 75. All persons holding office at the time this charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any officer, commission, board or department of the city by the laws of the State shall, if such office, commission, board or department be abolished by this charter, be thereafter exercised and discharged by the office or department designated by the council unless otherwise provided herein. Pending the passage of an ordinance or ordinances distributing the work of departments and offices under the supervision and control of the city manager among specific divisions thereof, the manager may establish temporary divisions therefor. Tenure of present officers. Powers. Section 76. Be it further enacted by the authority aforesaid, that the enumeration of power contained in this Act shall not be construed as restrictive, but the City of Moultrie and its municipal authorities may exercise all powers, rights and jurisdictions as they might if such enumerations were not made, and the council may pass all laws and ordinances, rules and regulations they may deem needful and proper for the general welfare of said city, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them is not fully prescribed the council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Power not restricted. Section 77. Be it further enacted by the authority aforesaid, that nothing in this Act contained shall operate to affect or repeal the Act of the General Assembly of Georgia approved December 11, 1896, entitled: Act to

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establish a public school system for the City of Moultrie, Colquitt County, Georgia; to provide for the raising of revenue to maintain said schools; to authorize and require the county school commissioners to pay to the corporate authorities of said City of Moultrie such part of the State school fund as may be the pro rata share of all children attending and eligible to enter said schools; to provide buildings for said schools, and for a board of commissioners and other officers of said schools, and for other purposes named therein, as amended by subsequent Acts of the General Assembly, which said Acts are hereby declared to be, and remain, of full force and effect. School act of 1896 not affected. Section 78. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 30, 1937. NEWNAN CHARTER AMENDMENTS. No. 170. An Act to amend an Act entitled An Act to create a new charter for the City of Newnan in the County of Coweta, approved December 8, 1893, by striking from Section 11 of the said Act the last sentence, which reads as follows: That no person shall be eligible to the office of marshal, policeman, clerk, city attorney, treasurer or sexton who shall not have resided in said city twelve months immediately preceding their election or appointment; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act to create a new charter for the City of Newnan in the County of Coweta approved December 8, 1893, be and the same is hereby amended by striking

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the last sentence of Section 11 of said Act which said last sentence reads as follows, to wit: That no person shall be eligible to the office of marshal, policeman, clerk, city attorney, treasurer or sexton who shall not have resided in said city twelve months immediately preceding their election or appointment, so that said Section 11 as amended shall read as follows: Act of 1893 amended. Section 11. Be it further enacted, that it shall be the duty of the marshal of said city to levy all executions in favor of said city, and advertise and sell the property levied on in accordance with the law governing sheriff's sales in this State. He shall have the same power to place the purchaser in possession as sheriffs of this State have. Marshal as levying officer. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 15, 1937. PERRY CITY CHARTER. No. 372. An Act to create a new charter for the City of Perry in the County of Houston, and to re-incorporate said city under the name of the City of Perry, and to define its territorial limits; to re-enact, with certain changes, continue in operation, confirm, and consolidate and amend all acts, particularly the Act approved December 12, 1859, heretofore passed incorporating said town or city and amending the 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 consolidate into one Act, with such changes as may have become necessary or

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proper, and with certain amendments and additions, all the Acts constituting the charter of the City of Perry and relating to the rights, powers, and duties of said corporation; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and qualifications of all officers and employees, and the manner of their election and removal from office; to provide for the government of said city by a mayor and council; to provide for the retention of the present officers of said corporation until the election provided for in this charter is held; to provide for the qualifications of all electors therein and for the keeping of registration records and for conducting elections and contests thereof; to provide for the police court and the trial and punishment therein of offenders against the laws of said city, and the manner of appeal thereform; to provide for a Board of Health and officers thereof, and for the keeping in a sanitary and healthful condition all lots, lands, and buildings and to provide penalties for failure to do so; to provide for the proper regulation of the water system; to authorize the city to maintain and operate a system of waterworks and sewers, and any other public utility; to authorize said city to borrow money; to hold elections for the issuance of bonds for said purposes and other improvements; to issue evidences of indebtedness for like purposes; to provide for parks and a Park Commission; to provide for airports; to regulate cemeteries; to grant and regulate franchises; to provide for streets, avenues, lanes, and alleys, sidewalks, crossings, ditches, drainage, and for the laying out, operating, grading, working, and paving and curbing the same, and payment of costs thereof; to provide for the opening up of all streets, avenues, alleys and squares; and for the assessments of abutting property owners for such improvements; to provide for a division of expenses of laying out, opening, paving and curbing said streets, alleys, crossings, avenues, squares and/or sidewalks, between

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property owners and the city, and to provide a levy of taxes therefor and the creation of liens against the property affected by such improvements, and apportionment of the costs; to provide for the proper condemnation of property for public use; to create and maintain a chamber of commerce or other like organization; to provide methods and subjects of taxation, property, license, specific and occupational, for said city and to empower the proper officials to levy and collect said taxes and to provide the manner thereof; to provide for returns thereof, assessment, re-assessment, and appeals therefrom, and claims and illegalities; to provide for a commutation tax; to provide for registrations and permits of all persons transacting or offering to transact any business within said city; to grant encroachments on streets, etc., to provide for connection of all sanitary units and sewers and to provide penalties; to provide the manner in which city may do such work and hold and enforce lien therefor; to provide for a general policing and all police law, with certain powers over outside territory, known as police limits, and the general welfare of the citizens and inhabitants of the city; to provide for all matters and things necessary or proper or incident to a municipal corporation and inhabitants and well-being thereof; to provide for zoning laws; to provide all powers over sanitation; to provide for control of domestic animals; to provide general police powers, to provide for fire and other limits and districts, construction of buildings and permits; passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders; and for other purposes. Section 1. Territorial Limits. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the corporate limits of the City of Perry shall remain as provided in the charter of the Town of

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Perry of 1859, to wit: The corporate limits of said town shall extend three-fourths of a mile in every direction from the courthouse, except on the west side on which side, Big Indian Creek shall be the boundary; also except the premises of E. M. Halsey. Corporate name and territory. No field or woodland exceeding five acres shall be subject to taxation until the same is laid off into city lots and built upon. Section 2. General Powers. That from and after the passage of this Act the Municipal Government of said City of Perry shall be vested in a mayor and six councilmen, and such other officers as the mayor and councilmen may see fit to appoint and elect as herein provided. The present mayor and aldermen (who are hereby constituted councilmen) shall continue in office until their successors are elected and qualified, as provided herein; and they and their successors and associates shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded; to have and use a common seal; shall be able in law and equity to purchase, have, hold, and enjoy, receive, possess and retain to them and their successors in office, for the use and benefit of the City of Perry, and the citizens thereof, in perpetuity or for any term of years, any estate or estates, real and personal, of every kind and nature, within or without the corporate limits, for corporate purposes, to have and hold all property now belonging to the city, either in its own or the name of others, to the use of said city for the purpose and intents for which the same was given, granted, dedicated, or purchased; to use, manage and improve, sell, convey, rent or lease the same, and shall succeed to all the rights, powers, privileges, immunities and liabilities of the present corporation. They shall have power to borrow money and give evidence of indebtedness for the same, to issue bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising

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of funds for the legitimate use of said city. They shall have the right, power and authority to govern themselves by such rules, laws, by-laws, regulations, ordinances, or other orders as they may deem proper, not in conflict with this charter or the Constitution and laws of this State or the United States. Mayor and council. Tenure of office. Powers. Section 3. Legislative Authority. That the said mayor and council shall constitute a legislative department of said city and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, and orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad-crossings, street-railways, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery-stables, and sale-stables, warehouses, storehouses, hitching-places, markets, slaughter-houses, sleeping apartments, restaurants, cafes, opera-houses, theatres, picture-shows, and all kinds of shows and circuses, dance-halls, skating-rinks, bowling alleys, pool and billiard-rooms, and all other places of amusement, garages, shops, mills, ginneries, factories, barber-shops, soda-founts, beer-saloons, telegraph and telephone companies, gas, water, light, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said city, and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and to the peace, security, health, happiness, welfare, protection, or convenience of the inhabitants of said city, and for the preserving of peace, good order, and dignity of said government. The enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other things and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act or by the Acts

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heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Act. Legislative powers. Section 4. Election of Mayor and Council. On the first Tuesday in December, 1937, an election shall be held, at which election a mayor and six councilmen shall be elected, who shall take office on the first day of January, 1938. The mayor and three councilmen shall be elected for a term of two years and the other three councilmen shall be elected for a term of one year. The ballot used in said election shall specify the term of office for which candidates for councilmen are offering, and said candidates, in filing notice of intention to offer for election, shall specify for which term they are offering. Mayor and councilmen. Election. All officers shall hold office until their successors are duly elected and qualified. Tenure. Thereafter there shall be an election in said city on the first Tuesday in December, 1938, for the election of three councilmen to succeed those councilmen whose terms expire on December 31, 1938. The councilmen so elected shall hold office for a period of two years and thereafter the terms of such elected officers shall be two years and an election shall be held on every first Tuesday in December, thereafter, for the election of successors of those officers whose terms expire on December 31st of that year. Terms of office. All candidates, in such elections, shall file with the clerk of said city, at least ten days before said election, a written and signed notice of his intention to offer for election and the office for which he shall offer, at which time each candidate for council shall pay to the said clerk the sum of one dollar, and each candidate for mayor shall pay to the said clerk a sum of five dollars. The clerk shall keep a record of such qualifications and payments. No persons shall qualify in any said election except such as have complied with these requirements. Said clerk, under the direction of the

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mayor and council, shall have official ballots prepared, and no other ballot shall be used or be legal. Candidates. Section 5. Oath of Mayor and Council. That said mayor and council, before entering upon their duties, shall before some officer authorized by law to administer oaths by law, take and subscribe the following oath: I do solemnly swear that I will to the utmost of my ability faithfully discharge my duties as mayor (or as councilmen) of the City of Perry, during my continuance in office. So help me God. Oath of office. Section 6. Qualifications of Mayor and Council. No person shall be eligible for election as mayor or as councilman of said city unless said person shall have resided in said city not less than one year immediately preceding his election, and shall be a qualified voter in the municipal election for officers of said City of Perry, and shall be a freeholder in said city. Eligibility. Section 7. Qualifications of Voters. All persons residing within said city limits ninety days (90) prior to any election and who are qualified to vote for members of the State Legislature in the County of Houston shall be entitled to vote for said mayor and council and in any other election held in said city. No other person shall be entitled to vote in any election held in said city. Voters. Section 8. Registration Books. Said mayor and council shall have authority to require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of said City, in which event the electors of said city shall sign said book upon an oath containing therein substantially the following: I do solemnly swear that I have resided within the limits of the City of Perry for ninety days, and that I am qualified to vote for the members of the State Legislature in the County of Houston. In the event said officials exercise this authority, no person not so registered shall be allowed to vote in any election;

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Provided, the mayor and council of said city at any time by vote of said body remove said requirement for registration, and dispense with the keeping of said records. Registration. Oath. Section 9. Registration of Electors. In the event such requirement for registration is made, it shall be the duty of the city clerk to keep said permanent registration book open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors of said city to register therein; Provided that no person registering therein shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Permanent registration. Section 10. Close Registration. List Electors. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book ten days before said election and turn over same to the mayor, who shall, with the advice and consent of council, appoint a board of three registrars whose duty it shall be to make from said book a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration lists who registered less than ten days before said election, as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and council shall provide a reasonable compensation for the work done by the registrars. Closing. Lists of voters. Section 11. Purging Registration. Appeal from Clerk. There may be an appeal from the decision of the clerk of

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registrars, as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard, and determined within five days from the time the appeal shall be filed. After all appeals are decided, it shall be the duty of the clerk of registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration lists of all illegal voters upon three days' notice to the person or persons who have registered illegally or are disqualified. Notice may be given by a letter addressed to said illegally registered person by mailing same to him at Perry, Georgia. Correction of lists. Appeals. Section 12. List of Registered Voters. It shall be the duty of the clerk of registrars to furnish the managers of the election, at or before the opening of the polls on the day of the election, with a complete list of registered voters, arranged in alphabetical order, certified to under the hand of the clerk of registrars, and the corporate seal of the city. Lists to election managers Section 13. List When Registration Not Required. Until provision is made for the keeping of said registration book and other records and at such time as no requirement for registration therein shall exist, a duly certified copy of the registration list last made up by the county registrars in said county, or a certificate from any one of the county registrars showing persons entitled to vote in elections for members of the State Legislature in said county, shall be sufficient to entitle such person or persons to vote in said election; Provided, no person shall be entitled to vote in said municipal elections who has not been a bona fide resident in said municipality for ninety (90) days next preceding said election to be determined by the managers of said election. County registrars' list.

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Section 14. Illegal Voting. Any person voting at any city election who is not qualified to vote according to the provisions of this charter shall be guilty of a misdemeanor, and upon conviction be punished as prescribed for a misdemeanor punishment by the Penal Code of the State of Georgia. Illegal voting. Section 15. Managers and Rules for Election. All elections held under the provisions of this charter shall be managed by two or more freeholders in said city, in the discretion of the mayor and council, neither of whom shall be a candidate. Before entering upon their duties as managers, each manager shall take or subscribe, before some officer authorized by law 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. Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets at all elections. All elections shall be held at the city hall or other convenient place designated by the mayor and council. The mayor and council may divide said city into wards and designate a voting place in each ward. All voting shall be by secret ballot. The polls shall open at eight o'clock A. M., and close at six o'clock P. M., according to the time prevailing in said city at such time. The persons receiving the highest number of votes for the respective offices shall be elected and shall be furnished with a certificate of election by the election managers, which certificate shall be evidence of election and shall entitle such person to take office. In the event of a contest, such certificate shall be withheld until such contest shall be decided. Management of elections. The managers for said election held under the provisions of this charter shall be named and appointed by the mayor and council prior to the elections and the mayor and council

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may provide for the pay of the managers. Said managers shall make true returns of the election to the clerk of the mayor and council and deliver all election and ballot papers to him. Said clerk shall destroy said papers in thirty days after the election, if no contest or contests shall be filed. Said mayor and council shall have authority by ordinance to make such further rules and regulations not provided for in this charter as may be necessary or expedient in connection with elections held in said city. Regulations. Section 16. Order at Polls. On all elections in said city the mayor, in conjunction with marshal, chief of police of the City of Perry, sheriff of Houston County and other officers, shall take all necessary measures, steps, and precautions to preserve order, to prevent the carrying any weapon, and to secure to the electors the right to deposit their ballot at the polls without fear of harm, or intimidation. No officer of said city or manager of any election precinct shall threaten or intimidate or persuade any elector at such election. Preservation of order. Said officers shall do all that is necessary to secure to the electors the right of casting a secret ballot without annoyance from vote solicitors in all places where voting is being done. Secret ballot. Section 17. Contest of Election. If the results of any election held in said city is contested, unless otherwise demanded by law, notice of said contest shall be filed with the ordinary of Houston County within three days after said election, and upon payment in advance by the contestant, or contestants, to said ordinary, of ten ($10.00) dollars; said ordinary shall within two days after he receives the same cause a copy of said notice to be served by the sheriff or deputy on contestee or contestees, if such contest is for an office; and if the result of any election in which any question submitted is contested, then such ordinary shall cause the notice to be served on the mayor of said city. Said

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ordinary shall fix the time of hearing of said contest, which shall not be later than ten days after he has caused the notice of contest to be placed in the hands of the sheriff or deputy, of which time all parties shall have at least five days' notice before hearing. The contestor shall pay the sheriff, or his deputy, two ($2.00) dollars in advance of said notice. Said notice of contest shall set out plainly and distinctly the grounds upon which the result of said election is contested. Contestee may set up any cross grounds of contest. The contest shall be heard at the courthouse in said county. Said ordinary is authorized to hear and decide any contest and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. The ordinary shall, by written notice, require the clerk of said city to have and produce at said hearing the ballot box and any other papers or records that he may deem necessary, or that any party may request, said notice to be served upon said clerk at least two days before the hearing. Election contests. Section 18. When Contested. Commissioned Officers Continue in Office. No person whose election is contested shall qualify for office in said city and the officers commissioned at the time of said election shall continue to discharge the duties of their office until said contest is heard and determined. Tenure pending contest. Section 19. Punishments of Managers. If the election managers shall violate any of the provisions of this Act, they shall jointly and severally be guilty of a misdemeanor, and upon conviction be punished as provided in the Penal Code of the State of Georgia. Penalty. Section 20. Election Tie. In case of a tie between two or more candidates in any election for mayor and councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered within ten days after the result has been declared, under the same

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registration list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Tie vote. Section 21. Officers Take Office. All officers elected shall take office on the first day of the following January, or as soon thereafter as is practicable, and shall meet at the usual place for holding meetings in the City of Perry. Should the mayor or any councilmen be absent from said meeting, he or they may take oath of office as soon thereafter as possible. Qualification at first of year. Section 22. Mayor Pro Tem. At their first regular meeting after being elected, or as soon thereafter as practicable, the mayor and council shall elect from their number a mayor pro tem. who shall in the absence of the regular mayor, act for him in his stead and be clothed with all the powers of the mayor. Mayor pro tem. Section 23. Regular Meetings. At their first meeting, said mayor and councilmen shall provide by ordinance for regular meetings, not fewer than one each month. Such regular meetings may be changed at any time by ordinance. Meetings. Section 24. Special Meetings. Ordinances. They shall hold such special meetings as the business of the city may require and may transact any business and may pass ordinances and resolutions at such special meetings provided, neither the mayor nor any councilmen present shall object to the consideration of the ordinances or resolutions at such special meetings. Section 25. Quorum. The mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of any business, including election of officers, and the majority of the votes cast shall determine all questions and elections. The mayor, or mayor pro tem. if he be presiding, shall be entitled to vote only in case of a tie. All voting shall be open and public. Quorum and vote.

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Section 26. Absence, Etc. Pro Tem. In the event of the sickness, absence, or disqualification of the mayor, the mayor pro tem., or in the event of his sickness, absence, or disqualification, any one of the councilmen chosen by the councilmen, shall be elected and clothed with the rights, powers, and privileges of the mayor, and shall perform the duties of the mayor. Duties of absentee. Section 27. Vacancies, How Filled. In the event the office of mayor or any one of the councilmen becomes 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 councilmen 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 results declared in the same manner as in the regular elections for mayor and council as herein provided; that should the vacancy or vacancies occur within ninety (90) 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 mayor pro tem., in case of vacancy in the mayor's office, and council. The person or persons elected, in said special election or by said mayor and council shall be duly empowered and qualified to fill the vacancy or vacancies until the regular election and qualification of a successor elected in the next general election, as provided in this charter. Vacancies in office. Special election. Notice of any special election to fill a vacancy shall be given in the public gazette of the city at least five days before the last day for qualifying of candidates. Section 28. Officers. Election, Duties, Bonds, Suspension. At the first meeting of said mayor and council in January of 1938, and annually thereafter, the mayor and council 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 council shall be necessary. That

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all said officers shall take such oaths, perform such duties, and give such bonds as the mayor and council may prescribe, all bonds being payable to City of Perry and conditioned for the faithful performance of their duties, and for the accounting of all moneys intrusted to their keeping. Said officers shall hold office at the pleasure of the mayor and council and the mayor and council shall have power and authority to suspend said officers at any time, in the discretion of said mayor and council and it shall be the duty of the mayor and council to fix the salaries of all officers, agents, and employees of said city, which salary or compensation may be increased or diminished at any time by said mayor and council, in their discretion. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and council, who may require other conditions in said bonds. The mayor shall have authority to suspend any officer temporarily in his discretion until the next regular meeting of the mayor and council, when such officers shall be given trial by said mayor and council. Municipal officers. Section 29. Special Policemen. The mayor and council may also appoint special policemen when in their judgment such appointments may be necessary, and may empower the chief of police to appoint special policemen in an emergency; such policemen shall be discharged when the emergency requiring their service has passed, and shall be compensated as the mayor and council may determine; or the mayor and council may provide by ordinance for the appointment by the mayor and/or the police committee, at a fixed compensation per day, week or month, of such special policemen. When such special policemen are on duty, they shall have the same authority and be charged with the same duty as prescribed for the regular policemen in the city. Policemen. It shall be the duty of the chief of police to supervise all policemen and be responsible for the maintenance of the police department and he shall report all neglect of duty

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or any other irregularities to said mayor and council, or said police committee. Police chief. Section 30. Unlawful Arrest. In no case shall the corporation herein created be liable for damages to any person or persons for any unlawful of unauthorized arrest or false imprisonment made and effected by the marshal, chief of police, or any other policeman of said city; but, if damages are ever thus sustained, they can only be recovered out of the officer or officers whose unlawful or unauthorized act may have produced them; Provided, nothing herein shall be construed to place any liabilities upon said marshal or policemen other than placed upon them by the general law of this State. Arrests. Section 31. Duties of Mayor. The mayor shall be the chief executive officer of said city, and shall have general supervision over its affairs. He shall preside at all meetings of the mayor and council and shall have the right to take part in the deliberation of said board, but shall not vote on any question except in the case of a tie. He shall sign all deeds and contracts, except deeds for property sold under execution at public sale, which shall be signed as provided in this charter; he shall approve all bills and vouchers for the payment of money, after said bills and vouchers are approved by teh mayor and council and entered upon the minutes of said city. Mayor's duties and powers. He shall be clothed with veto power as hereinafter set out and it shall be his duty to see that the laws and ordinances of said city are faithfully carried out and executed. He shall keep the council advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He may call the council together at any time when deemed necessary by him and shall devote all the time necessary to the proper discharge of the duties of the mayor of said city.

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Section 32. Veto Power of Mayor. Every ordinance and resolution passed and every election of an officer or employee by the mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within three days write out his objections to such resolution, ordinance, or election and the mayor and council shall, at the next regular or called 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 four councilmen vote in the affirmative, said resolution and ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Veto. Section 33. Malpractice. In case the mayor or any councilmen while in office, shall be guilty of malpractice or any wilful neglect of office, or abuse of the powers conferred upon him, or shall be guilty of any other conduct unbecoming his position, he shall be subject to be indicted before the Superior Court of the County of Houston and, shall be fined not more than one hundred ($100.00) dollars and shall be removed from office. The said fine may be collected by execution, and shall be paid to the city treasurer for the use of the said city. Malpractice or neglect. Section 34. Salaries of the Mayor and Council. The compensation of each of the councilmen of the City of Perry shall be twenty-five ($25.00) dollars per year, payable by order of the clerk, countersigned by the mayor; Provided, said compensation may be increased to not more than fifty ($50.00) dollars per year by unanimous consent of the councilmen and with the approval of the mayor. Salaries. The mayor shall receive a salary of three hundred ($300.00) dollars per year, payable monthly, and shall be paid by order of the clerk, countersigned by the mayor;

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Provided, the salary of the mayor may be increased to an amount not to exceed six hundred ($600.00) dollars per year, payable monthly upon approval of at least four councilmen. Section 35. Temporary Appointment of Marshal or Chief of Police. In case of death, resignation, or removal from office, of the chief of police or marshal, the mayor, and in his absence, the mayor pro tem., and in the absence of the mayor and mayor pro tem., the council shall appoint some person to perform the duties of said chief of police or marshal until the next regular meeting of the mayor and council when this body shall elect a successor. Police chief or marshal. Section 36. Duties of Marshal as to Taxes and Sales. It shall be the duty of the marshal to levy and collect all executions and taxes or other money due the city, to advertise and conduct all sales of property under executions, or other process, execute deeds and other conveyances used in said cases, attend all meetings of the mayor and council and all sessions of the police court, collect all fines, taxes, and other money due the city, except such money as the mayor and council may require the clerk to collect, and perform such other service and duties as the mayor and council shall require. Before entering upon his duties, said marshal shall take and subscribe such oath, and give such bond as may be prescribed and required by the mayor and council. Executions, levy, etc. Section 37. Duties of Clerk and Treasurer. Power of Justice of the Peace. That it shall be the duty of the clerk and treasurer to receive, keep and disburse all money of the city upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit same to the mayor and council whenever called upon to do so; he shall attend all meetings of the mayor and council, keep the minutes and records of same, attend to the issuance of licenses, sign and issue executions and other writs and processes

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for the collection of taxes, fines and other money due the city, and perform such other duties as the mayor and council may require of him. He shall attend all meetings of the Board of Health, and all meetings of any committees of said council that may require his services, and shall keep the minute books and files of the same. Clerk and treasurer. He shall also act as clerk of the police court and shall attend all sessions thereof, and shall sign and issue all processes, summons, and all attachments and executions for fines and other writs issued out of said court, all of which shall bear test in the name of the mayor. He shall keep all records of said court, receive all fines imposed in said court and account for same as directed by the mayor and council. Said clerk shall have jurisdiction co-existent with the Justices of the Peace of the State of Georgia, for the purpose of issuing criminal warrants and other warrants. Section 38. Police Force. Arrests, Etc. The chief of police, marshal, and other police officers shall preserve the peace of the city, and they shall have power and authority to confine all persons arrested in the city jail or in the common jail of Houston County, and bring them before the police court for trial or commitment; Provided, that all persons not intoxicated, or otherwise dangerous, desiring to give bail for their appearance before such police court in bailable cases, shall be allowed to do so. Peace officers. Bail. The mayor and council shall have power to prescribe all rules and regulations, from time to time, for the general management and discipline of the police force of said city. Said mayor and council may delegate this authority to a police committee, which committee may be appointed by the mayor with the approval of the council. Rules and regulations. Section 39. Prosecution State Offenses. It shall be the duty of the chief of police and marshal, upon notice given by the mayor or mayor pro tem., or any member of the council, to prosecute all offenders against the laws of the

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State, committed within the corporate limits of the city of Perry. 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 same without notice. Prosecution of State offenses. Section 40. General Taxing Powers. The City of Perry shall have power and authority to impose, levy and collect such taxes upon all property, real and personal, and otherwise, within the city limits of said city, or, in the case of personal property, the owner of which resides within the city, upon banking, insurance, and other capital employed therein; upon salaries and incomes derived from property within said city, or, in case of personal property, the owner of which resides in said city, and upon gross sales within the city, as may be deemed necessary by the mayor and council for the support of the government of said city. Taxing powers. Said levy for general purposes shall not exceed one-half of one per centum; but where that amount is deemed insufficient, said mayor and council shall have power and authority to levy and collect an additional tax in the mode and manner prescribed by the Constitution and laws of Georgia. Levies. Said levy for general purposes shall be exclusive of the taxes required and sufficient to pay the bonded indebtedness and interest thereon of said city and to provide a sinking fund for the purpose of retiring said bonds, for which purposes an additional tax may be assessed, levied and collected on all of said property, capital, salaries and incomes, and gross sales. Section 41. Bond Tax. The tax authorized for bonded indebtedness, interest thereon, and sinking fund shall be levied under a separate ordinance which shall specify the purpose for which levied. All taxes levied and funds collected for the payment of such bonded indebtedness, interest thereon, and sinking fund for the retirement thereof shall be used only for such purpose or purposes, and a

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proper accounting therefor shall be made as required by ordinance, at least once at the close of each year. Tax for bonds and sinking fund. Section 42. License and Specific or Occupation Taxes. The mayor and council shall have full power to levy such license and specific or occupation taxes on the residents of the City of Perry, and on all those who transact business therein, and upon vehicles, as well as upon sales at wholesale and/or retail in said city and upon all those offering for sale any article or service in said city, as said mayor and aldermen may deem expedient or necessary for the safety, benefit, convenience, or advantage of said city; to classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful; to fix time of payment; to require such persons to procure licenses; to require registration and provide for penalty for failure to do so of all such persons, and of all persons selling or offering for sale, soliciting orders, or attempting to dispose of goods in any manner, for present or future delivery, requiring satisfactory information that all operations are within the law, and that such persons are bona fide representatives of the claimed principal and requiring reasonable reports of their activities; to require all of the above mentioned to secure a permit before doing any of the above acts or things; to compel the payment of such licenses and taxes by execution or in any other lawful manner, including penalties to be provided therefor; to provide for penalties in the event of the failure or refusal to procure such permit as above provided; and to make all suitable penalties for the violation thereof. License and occupation taxes. They may fix a fiscal year and time for all licenses to expire, and may apportion said licenses, but shall not be required to do so. Fiscal year. Section 43. Licenses, Others. The mayor and council of said city shall also have full power and authority to license, regulate, and control by ordinance all taverns,

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hotels, boarding-houses, cafes, restaurants, saloons for the sales of creams, ices, etc., livery stables, sales-stables, and lots, hacks, drays, and other vehicles, auctioneers, vendue masters, itinerant traders, theaters, and theatrical performances, dummy or street railroads, oil-mills, ice works, laundries, waterworks, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines, or any articles of merchandise whatever, itinerant venders of any and all kinds of goods, wares, merchandise or other things, pool and bagatelle tables kept for public play, every keeper of shooting-gallery, ten-pin alley, upon the keeper of any table, device, stand, or place for the performance of any game or play, whether played with sticks, balls, or rings, or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes, or skating-rinks, insurance agents, life, accident, or other insurance companies, loan agents for any and all kinds of business; banks and bankers, brokers, and commission merchants of all kinds, and dealers in futures, keepers of slaughter-houses, beef markets, green grocers, dealers in fresh oysters, vegetables, fruits, breads, and other articles of food; contractors and builders, and all merchants or artisans, barber-shops, junkshops, pawnbrokers, and upon all and every other establishment, business, calling, trade, or avocation not hereto mentioned, and which under the Constitution and laws of Georgia are subject to license or specific tax. Regulations of businesses, etc. Enumeration of powers and object in this section shall not restrict. Powers. Said city shall have the same powers with reference to the above as is provided elsewhere herein as to enforcement and collecting of licenses, and specific or occupation taxes, and registration and permits. Section 44. Power to Revoke Licenses. Said mayor and city council may revoke the license of, and prohibit

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the operation of any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous or injurious to the health or morals of the people of said city. Said mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said city, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Licenses for the sale of liquor, beer and/or wine may specify other conditions for revocation, which conditions shall be binding. Revocation of licenses. Section 45. Tax Sales, Redemption. Said mayor and council shall have the power and authority to enforce by execution the collection of any debt or claim due to said city for taxes, license, rents, impounding fees, fines and forfeitures, for laying sewers or drains, for cleaning and repairing privies, or for abating nuisances, and for any and all levies, assessments, debts, and demands due to said city. Said executions shall be issued by the clerk of said city, and bear test in the name of the mayor against the property, person, corporation, or firm against which or upon whom any such debt or demand is owing; such execution to be directed to all and singular, the marshal, deputy marshal, and policemen of the City of Perry who are authorized to levy the same upon any property of the person against whom such execution shall have issued, and the same shall be sold by the marshal or his deputy at public outcry, under the laws for the sheriff's sales, to the highest bidder, before the door of the courthouse of Houston County, or at such other places as the mayor shall determine, notice of which place shall be stated in the advertisement of the sale of such

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property. If the property so levied upon shall be personal property it shall be advertised by posting notices in three public and conspicuous places in said city for ten days before the day of said sale; if the property levied upon is real estate, he shall advertise the same once a week for four weeks in the public gazette wherein the sheriff's sales are advertised, or in some other newspaper published in the City of Perry, before selling the same. All sales as above provided shall be at public outcry to the highest bidder and for cash. Said marshal or his deputy making such sale shall execute title to the purchaser, and shall have the same power to place the purchaser in possession as the sheriffs of the State have. Tax executions, sales, redemption, etc. Whenever it shall become necessary to levy such an execution outside of the City of Perry, a new execution may issue directed also to all and singular the sheriff, deputy sheriff, and constables, of this State, who shall be authorized to levy and sell as in sheriff's sales under judgment and execution. Such sales as provided for herein shall be as effectual to pass the title as the deed of the person against whom said execution was issued. The right of redemption shall exist in sales for taxes, and from other sales where so provided in this charter, or by the general laws of this State, as in sales for State and county taxes. There shall be no right of redemption from any other sale. Section 46. Board of Tax Assessors. There shall be a Board of Tax Assessors in said city charged with the duties of receiving and equalizing tax returns on all property, real, personal and otherwise subject to taxation by said city. Said mayor and council are hereby constituted such a Board of Tax Assessors; Provided said mayor and council may elect a Board of Tax Assessors in January of each year to serve for that year, in which event said board shall

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consist of three members, one of whom may be any officer or employee of the city, who shall discharge the duties of tax assessor without additional compensation therefor. Board of Tax Assessors, Board, or Tax Assessors, wherever used in this charter with reference to tax matters shall be construed to refer to said mayor and council, if acting as tax assessors as provided herein, or to the board of three members if such has been elected by said mayor and council as provided herein. Said board is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal, and otherwise, subject to taxation by said city, so that said property shall stand upon the tax digest at its reasonable and fair market value. 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 subject to taxation by said city. When a board of three tax assessors shall be elected by said mayor and council for any year, the property owned by said three members shall be assessed by the mayor and council in that year. Tax-assessors. Section 47. Invalid Assessments. Re-assessments. It shall be the further duties of said Board of Tax Assessors (and the express power is hereby given to the City of Perry for the exercising of such 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 taxes, by reason of having not been returned or assessed, or if returned or assessed, upon which the original return 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 Perry has accepted payment of said alleged invalid or void return or assessment. If the owner of the said property has made a return of all property, and the return of said property has been raised by the assessment of the Board of Assessors,

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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 returns shall be required or permitted by said property and all hearings, notices, appeals, and other procedure shall be governed by the same rules and made in the same form and manner as provided herein for matters of taxation generally. Assessing powers. Section 48. Tax Assessments, Notices, Hearings. When any property subject to taxation by the City of Perry has not been returned for taxation by the fifteenth day of February, as required by law, it shall be the duties 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, the sum of one dollar and ten per cent. of the market value of said property. When any such property has been returned for taxation, at a value which in the opinion of said Board of Tax Assessors is less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of said board within ten days after the making of said assessment, to give to the owner of said property notice in writing of said assessment. Such notice shall specify the amount of the assessment made, indicate in the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notice can not be given by mail, notice may be given by the posting in the city hall of such notice in a conspicuous place. Notice shall be considered

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as given on the day it is mailed or posted. 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 made shall be final. Assessment notice and hearing. Said mayor and council shall have authority to make said decision, after full hearing, final and abolish appeals to arbitrators as set forth elsewhere in this charter. Decision. Section 49. Appeals of Tax Assessments to Arbitration. Any taxpayer who, after a hearing by said board, is dissatisfied with the action of said board on any such hearing, shall have the right to appeal to a Board of Arbitrators, and he may, within ten days, after receiving the notice of assessment give notice in writing to said board, demanding an arbitration, giving the name of his arbitrator, and the Board of Tax Assessors shall name its arbitrator within three days thereafter, and the two arbitrators shall select a third arbitrator and the decision of said Board of Arbitrators shall be final. Said arbitrators shall be bona fide tax payers and voters of the City of Perry and shall own real estate therein (and any councilman may be selected by either party, unless said mayor and council are acting as said board) and must render their decisions within ten days after the naming by the Board of Assessors of its arbitrator; otherwise, the assessment by the Board of Tax Assessors shall stand affirmed and binding. Said arbitrators shall receive for their services the sum of two dollars per day, or fraction thereof, while actually engaged in the discharge of their duties, which amount shall be taxed as costs against the party losing in the arbitration, and, in the event of a compromise decision by the arbitrators, said costs shall be taxed one-half against each party. Arbitration. The same right of appeal shall exist in case of re-assessments as provided for in Section 47 hereof. Appeals. Such appeals are in lieu of any other appeal.

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Provided, the mayor and council may dispense with this method of arbitration and provide for assessments to become final and binding in the manner provided by general law, or after the hearing and decision as provided for in Section 48 of this charter. Proviso. Section 50. Date of Tax Lien. All assessments of property for taxation shall be made as of January 1 of the current year and lien for taxes shall become fixed upon all taxable property as of such date. Tax liens. Section 51. Tax Returns. It shall be the duty of every person, firm, or corporation owning property, real, personal, or otherwise subject to taxation by said city to make returns thereof to said board on or before February 15 of each year. All such property shall be returned at its fair market value on a form prescribed by said board, and sworn to by the owner, his agent, or person making such returns. The clerk and each of the members of said board is hereby empowered to administer a legal oath to persons making such tax returns. Tax returns. Section 52. Tax Execution Costs. The taxes on property levied by the City of Perry shall be due and payable on the 15th day of October of each year and unless paid on or before said day, an execution for the purpose of collecting such taxes shall be issued immediately by the clerk and treasurer. Costs thereof, and the costs of levy and sale in the manner provided in this charter, shall be the same as in executions from the office of the tax collector of Houston County and in tax sales by the sheriff of said county. Said executions shall bear interest thereon at the rate of seven per cent. per annum from said due date. Executions. Said mayor and council shall have authority to order payment of costs into city treasury or to order same divided, in some fair proportion, between said marshal and clerk and treasurer.

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Section 53. Tax Sales; Redemption Recitals in Deeds. All sales of property under execution in favor of the City of Perry shall be as effectual to pass title as the deed of the person against whom said execution was issued, but the right of redemption shall exist as provided in Section 45 of this charter; Provided, that in all cases where property has been bought in said city for taxation, it shall be lawful for the mayor with the consent of the council, to authorize a redemption of said property by the former owner thereof, upon payment of such owner of all taxes, premiums, penalties, and costs due under the process by which the same was sold. Tax sales. Redemption. Recitals of levy notice, advertisement, public sale, and all other usual provisions in deeds executed under sales for taxes and other executions in favor of the City of Perry shall be evidence of the facts recited. Evidence. Section 54. Claims and Illegalities. When any such execution shall be issued and levied as provided in the preceding section, claim or illegality may be interposed under the same rules and regulations as are now provided by law for claims and illegalities under tax fi. fas., or other fi. fas., issuing from the various courts of this State. Such claim or illegality to be returned to and heard in Houston Superior Court or the Justice Court of the 619th District, G. M., said conty according as the jurisdiction thereof may be. Affidavits of illegality and claims. Section 55. Sinking Fund. It shall be the duty of the mayor and council to provide a sufficient sinking fund for the proper retirement of any and all bonds of said city, and any person otherwise using any of the present or future sinking fund shall be subject to indictment before Houston Superior Court and to be punished as for a misdemeanor. Bond sinking-fund. Section 56. Airports. The mayor and council of said city shall have all rights, powers, and privileges with reference

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to airports and landing fields as is provided in Chapter 2, of Title 11 of the Georgia Code of 1933. Airports. Section 57. Waterworks. The City of Perry is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons residents therein, and to other persons as provided herein. The mayor and council shall have full power to make all rules and regulations for the management and operation of said waterplant and to fix from time to time the rates charged for water with the right to classify the said rates. Said mayor and council shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumer whose service is discontinued and until such consumer shall have paid penalty prescribed. Waterworks. Section 58. Public Utilities. Said City of Perry shall also have power and authority to own and operate and control and regulate for the best interest of the said City of Perry any other public utility. Utilities. Section 59. Municipal Golf Course. Committee. The said mayor and council of the City of Perry shall have full power and authority to own, maintain, conduct, and operate a municipal golf course, within or without the corporate limits of the city. Said mayor and councilmen shall have power and authority to prescribe the amount each person shall pay as an initiation fee in 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 councilmen for the government of said municipal golf course, and said mayor and councilmen shall have full

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power and authority to pass any ordinances, rules, and 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 Perry, and shall have power and authority to delegate to said municipal golf course the right to maintain, conduct and operate said municipal golf course, under the supervision of said mayor and council. Golf course. Section 60. Appropriations and Fees. Golf Course. Said mayor and council 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 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 Perry, and may be expended by the mayor and councilmen for any other purpose. Appropriations and expenses. Section 61. Police Court. Jurisdiction Power. There shall be a police court established for the City of Perry which shall have jurisdiction and authority to try all offenses against the laws and ordinances of the municipal government, and to punish for violation of the same. Said court shall have power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance and to punish also any person who may compel or advise, aid, encourage, or

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persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the court. Said court shall be held and presided over by the mayor of the City of Perry, or, in his absence or disability, by the mayor pro tem., or, in his absence or disability, by any councilman designated by the mayor, which presiding mayor pro tem. or councilman shall be clothed with the same powers as is granted to the mayor. Police court. Jurisdiction. Section 62. Punishment, etc. Powers of the Mayor. The mayor of the City of Perry shall have power to impose fines for the violation of any law or ordinance of the City of Perry, passed in accordance with its charter, to an amount not to exceed two hundred ($200.00) dollars, or to imprison offenders in the city jail or the county jail of Houston County for the space of not more than thirty days, or at labor on the public works and streets of the City of Perry for not more than sixty days; the said mayor shall have the power and authority to impose any one or more of these punishments when in his opinion the facts of the case justify it. Said court and said mayor shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt; Provided, punishment for contempt shall not exceed a fine of more than one hundred ($100.00) dollars or imprisonment in the said prison or county jail for not more than fifteen days or labor upon the public works and the streets of the City of Perry for not more than thirty days. Fines may be collected by execution. Penal powers. The mayor shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of the city, and to commit the offenders to the jail of Houston County, or admit them to bail in bailable

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cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Mayor's powers. Section 63. Commitment from Police Court. If, upon trial or hearing of any cases before said police court, it shall appear that any person upon trial before said court has committed an offense against the laws of the State of Georgia, it shall be the duty of the officer presiding over said court to commit said person to jail of Houston County, or admit him to bail in bailable cases, for his appearance at the next term of a court of competent jurisdiction to be held in and for said county. Committals. Bail. Section 64. Certiorari from Police Court, The right of certiorari from the decision and judgment of the mayor shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Houston County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Certiorari. Section 65. Officers, Process, etc., of Police Court. The duties of the clerk of said city, the chief of police, marshal and other policemen in connection with said court shall be as elsewhere specified herein, as well as any other duties that the mayor or the mayor and councilmen may require of them in connection with said court and all processes, summonses, attachments, executions, warrants, etc., issuing out of said court, shall issue and have such force and effect as elsewhere specified herein. Court officers. Section 66. Rules of Practice in the Police Court. The rules of practice in said police court, so far as practicable, shall be the same as the rules of practice in the Superior Courts of this State, including the rules of evidence. All officers shall be legal witnesses on trial. Practice rules. Section 67. Administrations of Court. The mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations necessary

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and proper to secure the efficient and successful administration of this court, regulating the cost of appeals and certiorari, and providing for the forfeiture of all bonds. Regulations. Section 68. Remission of Sentence, etc. The mayor of said City of Perry shall have full power and authority to suspend, modify, or remit the sentence of any person imposed in said court for a violation of any city ordinance, law, or regulation. Every person convicted in said police court of a violation of a city ordinance, law or regulation, shall have the right to appeal from the action of the mayor to the mayor and council which body shall have full power, after a full hearing, to commute, remit, suspend, or modify the sentence imposed. Sentences. Appeals. Section 69. Officers of Court. The ministerial officers of the mayor's court shall be the marshal and policemen of the City of Perry, to whom all mesne and final processes shall be directed. All of said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such and other duties connected with said court as may be required of them by the mayor. Court officers. Section 70. Arrests. Bonds. The chief of police, marshal and all other policemen of the City of Perry shall have power and authority to arrest all persons in said city, guilty of disorderly conduct or public indecency, all persons violating the ordinances, laws, or regulations of the city and all persons committing or attempting to commit any crime and to confine them in the city prison or common jail of said County of Houston, to be brought before the police court at its next session; Provided, all persons desiring to give bail for their appearance in court in bailable cases shall be allowed to do so. The marshal, chief of police, or any policeman or the mayor may take bonds for the appearance of any person arrested before the police court for

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trial, and all bonds may be forfeited as hereinafter provided. Arrests. Bail-bonds. The mayor and councilmen may designate who shall take such bonds, in which event no other person may take same. Section 71. Warrants for Violation of City Ordinances. The mayor and clerk of the said city are each hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the limits of said city, offenses against any law or ordinance of said city. All of said warrants shall be addressed to the marshal, deputy marshal, or any policeman of the City of Perry, and to all and singular the sheriffs, deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Said warrants shall be sufficient authority for any such officer to arrest the person charged at any place within the confines of this State, and return him to said city for trial as provided herein. Warrants for arrests. Section 72. Bonds. Forfeitures. Whenever any defendant shall give bond for his appearance in said police court and shall fail to appear at the time fixed for the trial, the bond may be forfeited by the person presiding over said court at said time and an execution thereon issued by serving the defendant, if any to be found, and his sureties with a rule nisi, at least two days before hearing of the said rule nisi. Cash may be accepted in lieu of bond and security for the appearance of offenders for trial, and if such offenders 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 Perry. Bond for feitures. Section 73. Counsel. All persons put on trial in the police court shall have opportunity to employ counsel if they so desire. Counsel.

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Section 74. Sessions of Court. The police court of said city shall be held at such times and place as the mayor and councilmen may designate and as often as may be necessary to try all offenders against the city ordinances, and to commit for State offenses. Court sessions. Section 75. Bystanders Summoned. The marshal and each policeman of said city is authorized to summon 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, whenever same shall become necessary in the discretion of the said marshal or policeman and the said mayor and council shall have the authority to provide a punishment for any person, or persons, failing to obey such summons. Aid in arrests. Section 76. Fire DepartmentOfficers, etc. The mayor and council shall elect a chief of the fire department and any other officers and men thereof, whose duties and qualifications shall be prescribed by said mayor and council and by the ordinances of the city. They shall have power to suspend or remove any of them whenever they shall deem it necessary or proper for the well being and efficiency of the department. They shall have power to fix all rules and regulations for the general government and management of this department, and fix the salaries or pay of the officers and men. The members shall be elected to serve at will of the mayor and council. General authority, subject to control and direction by the mayor and council, may be delegated to a fire committee or such other committee as the mayor and council may deem proper. Fire department. Section 77. Markets, License and Control. The mayor and council shall have power and authority to license and control all markets and marketing within the city limits, to fix the hours for sale therein, to prohibit the sale of marketable commodities elsewhere within the city limits, or at any other time, and to pass all ordinances, rules, and

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regulations necessary and proper to control and regulate the markets and marketing in said city. They shall have full power and authority to establish a city market, to prescribe rules and regulations for government of the same, to rent out stalls and collect rent therefrom, and to take all steps and do everything necessary and proper to carry out the intentions of this Act. They shall have the power to prescribe penalties for the violation of the rules, and regulations concerning markets and marketing; and any person violating the same shall, on trial and conviction in the police court be punished for the same. Markets. Section 78. Appointment of Committees. All committees provided for in this charter shall be appointed by the mayor with the approval of the councilmen, at the first regular meeting in each year. The mayor, with the approval of the council, may also appoint any other committee, or committees, that may be necessary or proper to the good government of the said city. Committees. Section 79. NuisancesPunishment and Abatement. The said mayor and councilmen shall have power and authority to regulate and prescribe by ordinance those acts, doings and conditions which shall constitute a nuisance and may provide by ordinance for the abatement thereof and for the punishment of those persons responsible therefor. Nuisances per se may be abated and the perpetrators punished even though not designated as nuisance by ordinance. Nuisances. Section 80. Other Powers of Mayor and Council. The mayor and council shall have power and authority to remove or cause to be removed all buildings, awnings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks, or other places in said city. They shall have power to establish a market in said town, to designate certain streets or places for the conduct of certain business, to regulate all butcherpens, slaughter-houses, blacksmith-shops, tanyards, liverystables,

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forges, stoves, and chimneys, steam mills, steam grist-mills, millponds, fertilizer plants, gasoline-stations, garages, mercantile ginneries, fishponds, warehouses, hacks, drays, automobiles, bicycles, and other contrivances of like kind, railroad crossings, the moving of trains and buses through the city, and to abate or cause to be abated or cause the removal of the same or any one of them in case they become a nuisance or dangerous or injurious to the health of the city. They shall have power to fill up all open cellars or excavations in said city, or cause the owners to do so when they shall deem it necessary for the public interest for the same to be done. They shall also have power to condemn or remove, or cause to be removed, all dilapidated or unsafe walls, buildings, fences, chimneys, and other things of like character, which they may consider a nuisance or dangerous to the health or lives of the people of the city; and they may abate or cause to be removed anything that works a nuisance, or should become injurious or deleterious to the health of, or endanger the lives of, the people of the city; they shall have the right to condemn property for all public purposes, as provided by the laws of this State. Sundry plenary powers. Section 81. Paving, etc., Streets and Sidewalks. Assessments Against Property Owners. Sales. The mayor and council of said city shall have power and authority to grade, pave, macadamize, or otherwise improve the drainage and condition of the streets, sidewalks, squares, public roads, or lanes and alleys in said city. In order to carry into effect the above, the said mayor and council shall have power and authority to assess not more than two-thirds of the cost of paving or otherwise improving the streets and/or sidewalks, including two-thirds of the cost of curbing necessary, on the real estate abutting on such streets and sidewalks. Said mayor and councilmen shall have authority to assess one-third of the cost of the grading, paving, or macadamizing, constructing side-drains, crossings, or

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otherwise improving the roadway or street proper, on the real estate abutting on the one side of the street improved, and one-third on the real estate abutting on the other side of the street improved. It being intended that where only a sidewalk shall be so improved, two-thirds of the cost thereof together with the curbing may be assessed against the property abutting said sidewalk. The real estate abutting on the street shall pay not more than two-thirds of the entire cost, in the discretion of the mayor and council, and any street-railroad company having tracks running through or across the streets of said city shall be required to pave or macadamize or otherwise improve said streets in such proportion as the mayor and council may prescribe. Said mayor and council shall have full power and authority to equalize, by an ordinance passed for that purpose, the assessment against all real estate for above purposes, as to them may seem just and proper, estimating the total cost of each improvement made, and pro rating the cost thereof on the real estate according to area or value of said property, either or all, as may be determined by ordinance passed for that purpose. The amount of the assessment on each piece of real estate shall be a lien on said real estate from the date of the passage of the ordinance providing for the work and making the assessment. The mayor and council shall have power and authority to enforce collection for the amount of any assessment so made for work, either upon the streets or sidewalks, by execution issued by the city clerk against real estate improved and assessed, for the amount assessed against the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal or any policeman of said city on such real estate; and after advertising and other proceedings as in case of tax sales, the same shall be sold at public outcry to the highest bidder. Such sale shall vest absolute title in the purchaser. Said city marshal, or policeman acting for him, shall have authority to eject occupants and put

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purchasers in possession; Provided, the owner of said real estate shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued, and stating the amount which he admits to be due, which amount, together with all cost, shall be paid before the affidavit shall be returned to the Superior Court of Houston County, and there tried and the issue determined as in cases of illegality, subject to penalties as in cases of illegality, filed for delay only. The mayor and council shall have authority to pave and contract to pave the whole surface of the street, without giving any railroad or street-railroad company or other property holder occupant of the street the option of having the space paved themselves, or by contract at his or its instance, the object being to prevent delay and to secure uniformity. The lien for assessment on abutting property and on street-railroad and other railroad companies, for street or sidewalk paving, curbing, macadamizing, grading, or draining, shall have rank and priority of payment next in point of dignity of liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each instance. Said mayor and council shall have power and authority to prescribe by ordinance such rules as they may in their discretion think necessary to grade, pave, drain, macadamize, or curb the streets, sidewalks, and alleys of said city, and to collect the cost thereof by execution against adjacent property owners, and railroad companies, or other occupants of the streets or alleys of said city. Streets and sidewalks. Assessments for improvements. Nothing herein shall prevent the city from paying all or a larger part of the cost of any such work and making other agreements with abutting property with reference thereto. Section 82. Bonds for Improvements, etc. Said City of Perry shall have power to issue and sell interest bearing negotiable bonds of the municipality for the purpose of

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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 and gas service, streets and sidewalks, fire protection, fire-fighting 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. Bond issues for improvements. Section 83. Additional Tax for Bonds. Should the mayor and council determine, in accordance with provisions hereinbefore made, to issue bonds for any purpose hereinbefore set out, then they shall have the power and authority, in addition to all other taxes hereinbefore authorized, to levy and collect an additional tax sufficient to pay off the said bonds with all interest and charges on the same within the period which said bonds have to run, as well as to provide for any sinking fund that may be necessary and advisable. Bond tax. This tax shall be separately assessed, levied and collected, for the specific purpose herein designated, and shall not be used or applied to any other purpose whatever. Said mayor and council are hereby authorized to issue interest coupons, payable annually, for the interest on said bonds.

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Section 84. Execution of Bonds. Said bonds shall be signed by the mayor and clerk of said city and registered and sold in such manner and in such sums and at such times as the mayor and councilmen may determine for the best interest of said city and the speedy execution of the objects of this Act. Bond sales. Section 85. Illegal Sale of Liquor. Said mayor and council shall, in the exercise of their police powers, have power and authority to pass all ordinances they may think necessary to more effectively prevent the illegal sale of intoxicating liquors within the police jurisdiction of said City of Perry, and to that end may provide ordinances punishing persons keeping in said police jurisdiction any intoxicating liquors for the purpose of selling the same; and likewise ordinances providing for the punishment of any person or persons purchasing liquors from any persons who are selling the same illegally. The marshal or any policeman of said city shall have full power and authority to enter, and if necessary, to break open and enter, any place within the police jurisdiction under the proper search warrant, which may be issued upon the affidavit of any person that he has reasonable cause to believe there is a blind tiger, or place where intoxicating liquors are being kept for the purpose of illegal sale, and to seize and hold as evidence all intoxicating liquors found therein. And after such liquors so seized have answered the purpose of evidence, they may on order of the mayor, or other officer trying such offender, in addition to the other penalties for, be destroyed. Liquor sales. Search and seizure. Section 86. Churches and Cemeteries. The mayor and council shall have power and authority to protect places of worship, to provide places for the burial of the dead, and to regulate interments therein. Churches, etc. Section 87. Fire Limits, Buildings and Permits. The said mayor and council shall be vested with full power and authority to regulate and control fire hazards and the

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prevention of fire, to establish and fix fire limits within said city, to enlarge on the same from time to time, to provide by regulation and ordinance the kinds of buildings to be erected, and the kinds of material and construction to be used, and to make it unlawful for any person to erect within said limits other than fireproof buildings or structures; to require that a building permit be issued before any building shall be erected in said city; and to provide by ordinance penalties for the violation of any such rule, regulation, or ordinance. Fire regulations. Said mayor and council shall have authority to require the removal of any building or structures erected without a permit or which was not constructed and erected in accordance with the rules and regulations of said mayor and council. If the builder or owner thereof fails or refuses to remove same after thirty days notice, then the mayor and council may have same removed and tax the cost against the builder and/or owner and issue an execution therefor, which shall be enforced as execution for taxes. Removal of buildings. Section 88. General Welfare. That said mayor and council shall have power and authority to pass all ordinances and regulations for the good government of said city, for the suppression of disorderly conduct and the protection of life and property, the maintenance of public places, the protection of public health, and to promote the general welfare of the said city and the citizens thereof, which may seem proper to pass and shall have authority to prescribe penalties for the violation thereof. Welfare clause. Section 89. Board of Health. Powers. That there may be a board of health for said city, to consist of the mayor, the superintendent of the Perry Public Schools, one competent physician, and one or more citizens to be appointed and qualified; the citizens appointed on said board of health shall hold no other municipal office during their term as a member of the board of health. the mayor

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and council shall appoint such other number of citizens to act on the said board, shall prescribe their duties and the times they shall meet; and the mayor and council shall fix the salaries of the members who shall be appointed on said board, but the mayor shall serve on said board of health for his regular salary paid him in his official position. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health, and likewise for the prevention of the generation and introduction of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and council for passage such ordinances, rules, and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good health of the city. They shall also have power to inspect and regulate and control the source of goods, meat, milk, fruit and other things sold in said city, and report to the mayor and council all persons selling any impure articles, and the said mayor and council shall provide by ordinance a penalty for all persons so offending. The said board of health shall look after the general sanitation conditions of the city and shall report any nuisance likely to endanger the health of the city, or any neighborhood or place; and the mayor and council shall enforce all sanitary rules and regulations; and shall prescribe penalties for violation of the same, shall abate all nuisances; and enforce all ordinances for the general health of the city. The mayor and council shall have all the powers above conferred on the board of health. Health and sanitation. The mayor and council shall have authority to appropriate funds of the city to effectuate the purposes of this section. Section 90. General Powers of Mayor and Council Over Streets, etc. The mayor and council shall have power

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and authority to grant encroachments upon the sidewalks, lanes, alleys, squares, and land of the city upon such terms as they deem proper and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares, and lands of the City of Perry, and the grading of the same; to open up any streets and alleys and to have full power and authority to condemn property for such purposes; Provided, however, that no private property shall be taken by the City of Perry without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Streets, powers as to. The mayor and council of the City of Perry shall have full power and authority to remove or cause to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons, placing any of said obstructions upon said streets, etc., or the abutting property owner, to remove the same after notice has been given, all costs of removal shall be paid by person or persons creating such obstructions or the abutting property owner, and an execution may be issued therefor in such manner as may be prescribed by ordinance. Removal of obstructions. Section 91. Zoning and Planning Laws. The mayor and councilmen of the City of Perry may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of buildings, fences or other structures, or the area of dimensions of lots or of the yards used in connection with buildings or other structures;

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or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area, as the mayor and councilmen of said city shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other groups units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. All such powers shall be exercised only in conformity with the Constitution and laws of Georgia and the United States, at the time of the exercise of such powers, it being particularly intended to authorize said city to take advantage of any future constitutional amendments and/or amendments to general law and/or new laws, with reference to the purposes of this section. Zoning and planning. Section 92. Power of Council Over Pipes, Sewers, etc. The mayor and council shall have full power and authority over the absolute control of all pipes, sewers, private drains for the filth water or other substance or flush in said city, and full power and authority to prescribe their location and structure, use, and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city. They shall have full power and authority to prescribe the kind of water closets, urinals, or other receptacles or drains for water or other fluids or substances to be used within the corporate limits of said city. They shall have power and authority to condemn and destroy any water

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closets, privies, urinals, or other receptacles or drains now in use or hereinafter to be constructed and put in use or which do not conform to and are not of the kind prescribed for use by the ordinances and rules of the city. They shall also have full power and authority to compel all property owners to connect, build, and construct sanitary water closets and privies, or other receptacles or drains, on the premises of the said property owners, with the sanitary sewers of said city, and sanitary cesspools, under such rules and regulations as may be prescribed; and if such property owners shall fail to connect any water closet, urinal, or other receptacle or drain as aforesaid, or fail to build and construct sanitary toilets within the time and manner prescribed, which shall be not less than 30 days, then the city authorities may cause said work to be done and the connections to be made, and provide all necessary material therefor, and assess the cost of the same against the said property owner and the said property so improved, which shall be a first lien on said real estate, superior to all other liens except for taxes; and the marshal shall levy the same on the said real estate and sell same in the manner provided herein for tax sales. The officer making said sales is authorized to execute to the purchaser a deed thereto as fully and completely as sheriff's deeds under sale made by judgment and execution, and shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The city authorities shall have the right, power, and authority to arrest and prosecute the owners of said property before the police court of the city for maintaining a nuisance. The city authorities or any agent of the city shall have the right, power, and authority to enter and go upon the premises of any one, after notice, for the purpose of inspection of said closets, urinals, and other drains and pipes, to remove the same whenever condemned, and to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the city or the cesspools, as the case may be, without being deemed a trespasser

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or becoming responsible as such to the owner or tenant. Sewers and drains, etc. Section 93. Power of Council to Keep Property Clean, etc. In order to protect the health of inhabitants of said city, and to keep the said city in a decent and presentable condition, the said mayor and council shall have authority to require all owners of property within said city to keep same free of standing water, grass, weeds, trash, and rubbish, and may by ordinance provide for a penalty for the failure to do so. Said mayor and council may also provide for having said lot cleared of the above, the expense to be borne by the owner, execution to create a lien against the said property to be issued for said expenses, together with the costs of the execution, sale under which shall convey title, and shall be made as provided herein for tax sales. Cleaning of premises. Section 94. Power to Require Drainage, etc. The mayor and council shall have the power and authority to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lot or lots front; also to cause the owner or owners of cellars holding water to cause the same to be emptied of water or filled up, if necessary. Also to have the authority to compel property owners to make proper connections of drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary; and whenever the owner of such property shall refuse or fail, after a reasonable notice to him or his agent, or to the tenant in possession of said premises, to comply with the requirements of said mayor and council, for a period of 20 days, it shall be lawful for the city authorities to cause the same to be done at the owner's expense and for the amount so expended the clerk of said city shall issue an execution against such owner, to be collected from said property belonging to him, and a sale under said execution by the

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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 punishment for maintaining a nuisance: Drainage regulations. Section 95. Control of Domestic Animals. The mayor and councilmen shall have authority to make all rules and regulations necessary for the control, inoculation, treatment, and impounding and redemption of all domestic animals within said city, and to impose and collect a tax on same. Animals; control and regulation. They shall have authority to have killed or removed from said city such animals that have not been inoculated or treated, or the tax thereon paid, as well as such animals running at large on the streets. Said mayor and councilmen shall have the right to prohibit or control and regulate, in any and every manner, the keeping of domestic animals within said city, and to provide penalties for the violation of any ordinance with reference thereto. Section 96. Chamber of Commerce. That the mayor and council shall have power, whenever they deem it necessary to the best interest of the city, to establish some co-operative organization for the promotion of the commercial and business interest of the city to be known as the Perry Chamber of Commerce, or by some other suitable name, and the said mayor and council may prescribe the scope of its powers, its organization, the duties devolving upon its membership and its officers and appropriate such sums for its maintenance and operation as the said mayor and council deem proper; Provided, the purpose of said organization shall be only to promote the general welfare and to do such things as tend to improve trade in the City of Perry and to bring new industry and new trade into said city, such activities to be judged by the mayor and council. Chamber of Commerce.

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Section 97. Furnishing Water and/or Lights to Non-Residents. The mayor and council of said city, or any water, or water and/or light committee that may be hereafter created, shall have the right to make contracts with persons residing beyond the city limits to furnish them with water, or lights, or both whenever the same can be done without interfering with the service of the city water plant, or light plant, to the inhabitants of the city. Water and light to non-residents. Section 98. Franchises. The mayor and council shall have power and authority to grant the rights to use any street or streets, alleys, or other passageways in said city for railroad, street car, telegraph, telephone, gas, water, and electric light purposes. In granting such franchises they shall fully and completely guard and protect every present and future interest of said city, and no franchise hereunder shall carry with it any right or power except as are specifically set forth, enumerated, and named herein. Grants of franchises. Section 99. Power to Preserve Order, etc. The mayor and council of Perry 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 that they may deem necessary to preserve order, suppress crime and immorality, or to prevent idleness, vagrancy, or loitering in said town, not in conflict with the constitution or the laws of the State of Georgia. Preservation of peace and order. Section 100. Power Over Streets. Paving. The mayor and council of the City of Perry shall have the power and authority to open, close, lay out, widen, straighten, or otherwise change the streets, alleys, sidewalks, crossings, or other passageways of said city, and shall have the power to vacate, close up, open, alter, grade, and fill, curb, pave, drain, and repair the same. They shall have the power and authority to prescribe such rules and regulations for laying out, constructing, and maintaining the same, and shall also have the power to prescribe by ordinance for the curbing,

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paving of all squares, triangles, and intersections of said city, as they may deem necessary from time to time; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when work shall be completed, to supervise the construction of same, and have power to reject work not performed in compliance with such prescribed regulations. They shall have full and complete power and authority to require any street, avenue, alley, sidewalk, street crossing and railroad crossing, or other passage ways to be paved in such manner, with such materials as they may determine by resolution or ordinance, and shall have full authority to enforce such ordinances, rules, and regulations; provide such penalties, and issue such executions, as may be necessary to carry out the purpose of this section. Upon failure of abutting property owners or those occupying said streets, after notice, to comply with the requirements of this section; they may also direct their officers or persons in their employment, to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements, and street crossings at the expense of the owner so refusing or failing to comply with said ordinance, and the said mayor and council are hereby empowered to issue executions for said bill of expense against the said owner and levy and collect the same, as in case of execution for taxes. Provided, however, that nothing contained in this section or in any other part of this charter shall be construed to confer any ministerial power on said mayor or council over the streets, crossings, sidewalks, pavements, public buildings, or public works, of said city, but the said mayor and council shall have the right to legislate concerning the same, and to prescribe by ordinance or resolution the work to be done and the method of doing same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work done or performed

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within the limits of said city, of the character referred to in this and the preceding sections. Streets, sidewalks, alleys, etc. Paving. Executions. Powers legislative, not ministerial. Section 101. Park Commission. The mayor and council shall have the power and authority, at any time that they may deem necessary, to appoint a park commission, and shall by proper ordinances prescribe the manner of election, term of office, duty and salary of the same. Parks. Section 102. Condemnation and Sale. The mayor and council shall be vested with full power and authority to condemn property, either within or without the city, necessary for any public purpose, in accordance with the method of procedure of the condemnation of property provided by the laws of Georgia; and to sell any public property used for public purposes. Condemnation of property. Section 103. Commutation Tax. All male residents of said city between the ages of 21 and 50, who have resided in said city for 30 days before the first of January each year, shall be subject to work the streets of said city, not to exceed three days in each year, or pay a commutation tax in lieu thereof, not to exceed three ($3.00) dollars, as the mayor and council may determine. Should any person liable to work the streets under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof after having received the notice from the marshal or other public officer so to do, such person may be sentenced by the mayor to work upon the streets of said city for and during the term of not exceeding 15 days under the direction and control of the marshal, or to be fined in the discretion of the mayor. Street tax or work. Enforcement of this section shall be within the discretion of the mayor and council. Section 104. Charter As a Defense. The provisions of this charter may be pleaded, and shall be a defense to any action brought against the mayor and city council of the

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City of Perry, or either of them, in accordance with the provisions and ordinances passed in pursuance thereof. Charter defense. Section 105. Guardhouse. Confinement Therein. Said mayor and council shall have authority to establish a guardhouse, and provide regulations for the same, in which to confine for punishment, when necessary, persons sentenced by the mayor for violating any of the city laws or ordinances, or any penal section of this charter, and for the safe detention of all disorderly persons committing or attempting to commit crimes, and the marshal or any policeman of the city shall have the right to take up all disorderly persons or person and confine them in the guardhouse to await their trial. Imprisonment. Section 106. Stockade. The mayor and council of said city shall have the right to establish and maintain a city stockade for the confinement of all convicts of the city, and to prescribe suitable rules and regulations for the same, whenever they deem the same necessary. Convicts. Section 107. Accountant. The mayor and council may have the right to employ and pay a competent accountant to examine the books of the officers of the city, relative to the affairs of the city, as often as said mayor and council shall consider necessary. Accountant. Section 108. Running of Trains and Buses. Terminals. The mayor and council shall have full power and authority to regulate the running of all railroad trains and bus lines within the city, as well as all terminals, and to prescribe the manner in which same may be run and the rates of speed of the same, and to provide for the necessary terminals and operation thereof. Railroads and buses. Section 109. Continuing Present Charter Provisions. All other Acts heretofore approved by the General Assembly relating to Town and/or City of Perry, except such part or parts thereof as may be in conflict with this Act,

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be, and they are, hereby continued in operation, confirmed, and consolidated with and made a part of this Act. Existing charter. Section 110. Approval Expenditures. All previous expenditures of money and payment thereof by said City of Perry and the officers thereof, for proper municipal purposes, are hereby approved, ratified and legalized, regardless of the form of such payments and expenditures and the orders therefor. Expenditures ratified. Section 111. Continuing Present Ordinance, etc. This Act shall not abolish any of the ordinances, rules or regulations in said city, except where they come in conflict with this charter, but shall preserve and continue the same. Ordinances. Section 112. Condemnation of Property. The City of Perry shall have the power and authority to condemn land and property for any public use, to wit: For streets, alleys, sidewalks, ditches, drainage, schools, school grounds, public playgrounds, parks, public libraries, waterworks, light plants, cemeteries, jails, and for any and all public uses, when needed, under the rules and methods and regulations as are now provided by law. Condemnation of property. Section 113. Police Powers Over Outside Territory. For the purpose of the exercise by the authority of said City of Perry of police power and authority over offenses, matters or things affecting in any manner or degree health, peace, good order, safety, and morals, and over persons offending against the laws and ordinances relating thereto, the corporate limits proper of said city, as hereinbefore defined, shall extend one and one-half miles in every direction from the courthouse; and within said extended corporate limits, which shall be known as the city's police limits, power and authority to exercise such police power and authority is hereby vested in and conferred upon the mayor and city council of said city, and all valid ordinances of said city heretofore or hereafter enacted, relative to and

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covering said offenses, matters or things, or said offending persons, shall become and be operative and of full force and effect in and throughout said city's police limits; and the power is hereby vested in and conferred upon any and all of the police and arresting officers of said city, in the enforcement of said ordinances, to make arrests or execute warrants or other process of said city within said territory and to make arrests therein for the violation of any State law relative to said offenses, matter or thing, or offending persons; and all summons, subp[oelig]nas, warrants, and writs issued by authority of said city shall be operative and have full force in said police limits Extent of police powers. Section 114. Personal Interest. Mayor and Council Whenever the mayor or any councilmen of said city shall have any personal interest in any matter under consideration by said mayor and council, including the assessment of taxes, said interested person shall leave the council chamber during consideration and decision upon this matter and shall have no vote thereon. Bar of personal interest. Section 115. Taxes for 1937. Assessments and Due Date. Return of property for 1937 taxes shall be made to said board on or before May 15, 1937. This section shall be applicable only to the year of 1937. All the provisions of this charter shall apply to 1937 taxes in so far as appropriate and reasonable. Tax returns. Section 116. In the event any article, section, paragraph, or provision of this Act, in whole or 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. Illegal provisions. In the event the General Assembly shall have granted herein to the City of Perry any powers or authority in excess of any such permitted by the Constitution and laws

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of Georgia or the United States, then such power or authority given shall be construed to extend just so far as possible so as not to exceed the said authority of the General Assembly. Construction of powers. Section 117. All laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 29, 1937. QUITMAN BOARD OF EDUCATION No. 158. An Act to amend an Act approved December 26, 1888, entitled An Act to establish a system of public schools in the Town of Quitman, State of Georgia, and all Acts amendatory thereto, by striking therefrom Section 2 of said Act and substituting therefor a section numbered Section 2 so as to provide that the board of education shall be composed of five members who shall be elected for a term of five years each, one member of said board to be elected each year, and providing a method by which the term of one member shall expire each year, and providing for the time and method of elections. Section 1. Be it enacted by the General Assembly of Georgia that the Act of the said General Assembly approved December 26, 1888, Georgia Laws, 1888, page 338, and all Acts amendatory thereto creating the board of Education in and for the City of Quitman, defining its jurisdiction, powers, etc., and providing for the manner of the election of members of said board, be and it is hereby amended so as to strike therefrom Section 2 of said Act as amended, and by substituting therefor a new section to be known as Section 2, which shall be as follows: Act of 1888 amended.

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Section 2. Be it further enacted, That the said board of education shall be composed of five members to be elected from the competent voters of the City of Quitman. The said members of said board of education shall be elected for a term of five years each. The first election shall be held, under this Act, on the last Wednesday in March, 1938, and the terms of said members so elected and qualified shall commence on the first day of July, 1938. That the members of said board so elected on the last Wednesday in March, 1938, shall draw lots to determine the expiration of the terms of each member, so that one of the said members shall serve for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, but their successors when elected shall each hold office for a term of five years thereafter, and there shall be an election held annually on the last Wednesday in March each year, commencing on the last Wednesday in March, 1939, and each year thereafter, to fill the vacancy caused by the expiration of the term of the member of said board of education whose term shall expire at that time. That said election shall be held in the same manner as election for the board of city commissioners is held, and under the same rules and regulations as other elections are conducted, except that the return thereof shall be made to the board of commissioners for the City of Quitman, which board shall declare the result within three days from the time such election is held. That said board of education shall have power to fill all vacancies caused by death or otherwise. Board of education. Election, terms, etc. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 12, 1937.

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ROME CHARTER AMENDMENTS No. 263. An Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality, to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith, as approved August 19, 1918; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act of the General Assembly of the State of Georgia entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, as approved August 19, 1918, be and the same is hereby amended by striking out of the provisions of said Act Section 46 thereof, which reads as follows: Act of 1918 amended. Be it further enacted by the authority aforesaid, That said commission shall require all persons liable to perform road duty by the laws of this State to perform such duty by work on the streets of said city under the direction of the proper officers of said city; Provided, that the commission of said city shall have power to levy a street tax in lieu thereof, and Provided further, that all persons who shall refuse to pay said tax on or before such time as the said commission may prescribe by ordinance, shall be required, upon three days' notice, to do and perform street work as aforesaid, and upon failure thereof such defaulter shall be dealt with by the recorder as for violation of the ordinances of said city, or may be compelled to work on the streets or public works of said city, and by inserting

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in lieu thereof the following section to be numbered Section 46: Section 46. Be it further enacted by the authority aforesaid, That said city commission shall not be authorized or empowered to require any person to perform any road or street duty upon the streets of said city other than those who shall have been lawfully convicted in the recorder's court of the City of Rome and sentenced thereto, nor shall said commission have authority to require payment by any person of a street tax. Street duty. Section 2. Be it further enacted by the authority aforesaid, That said Act be amended by striking from the provisions of said Act Section 74 of said Act, as follows: Section 74. Be it further enacted by the authority aforesaid, That said City of Rome, through said city commission, shall have full power and authority to make contracts concerning and having exclusive power over the streets, alleys, water courses, sewers, drains, bridges, public grounds and buildings and any other public property within said city, except as afterwards provided in this charter, and except such authority as has been heretofore delegated to the County of Floyd over certain bridges within the corporate limits of said city by special legislative enactment. Said city authorities may also drain and fill up wells, ponds, cellars or low ground, or compel the owners to do so, and may provide for the assessment of the cost of any such improvement upon the property thereby benefited, or for the payment of such costs by the city. Said commission may also cause buildings, structures, or other things in the way of any street, sewer or other public improvement to be taken down, removed or appropriated, upon payment of damages, as provided by law; and may enter upon, seize, appropriate and condemn for streets, alleys, sewers, drains, parks, cemeteries, or other public purposes, all lands, easements and rights-of-way of any person, company or corporation

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owning, controlling or having an interest in any streams, steam railroad, electric or other street railway or any other property, whether used for private or public purposes, and whether such lands, easements and rights-of-way or other public or private property be occupied by any person, company or corporation or not, upon payment of damages for the purpose so taken. And in case the parties at interest cannot agree, then the city may proceed to assess the damages as provided by the laws of Georgia, and set out in Sections 5206 to 5235, inclusive, of the Civil Code of 1910, and by inserting in lieu thereof the following, to be numbered Section 74: Section 74. Be it further enacted by the authority aforesaid, That said City of Rome, through said city commission, shall have full power and authority to make contracts concerning and having exclusive power over the streets, alleys, water courses, sewers, drains, bridges, public grounds, levees or flood control structures and public buildings and any other public property within said city, except as afterwards provided in this charter and except such authority as has heretofore been delegated to the County of Floyd over certain bridges within the corporate limits of said city by special legislative enactment. Said city authorities may also drain and fill up wells, ponds, cellars or low ground or compel the owners to do so, and may provide for the assessment of the cost of any such improvements upon the property thereby benefited or for the payment of such cost by the city; said city commission may also cause buildings, structures or other things in the way of any street, sewer, levees, flood control structures, or other public improvements, to be taken down, removed or appropriated upon payment of damages, as provided by law, and may enter upon, seize, appropriate and condemn for streets, alleys, sewers, drains, parks, cemeteries, levees or other flood control structures or other public purposes on lands, easements or rights-of-way of any person, company

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or corporation owning, controlling or having an interest in any streams, steam railroad, electric or other street railway or any other property whether used for private or public purposes and whether such land, easement and right-of-way, or other public or private property, be occupied by any person, company or corporation, or not, upon payment of damages for the purpose so taken. And in case the parties at interest cannot agree, then the city may proceed to condemn said property and have the damages therefor assessed as provided by the laws of the State of Georgia, as set forth in Sections 36-1104 to Sections 36-1116, inclusive, of the Code of 1933 of the State of Georgia. Powers over streets, etc. Section 3. Be it further enacted by the authority aforesaid, That said City of Rome shall have power and authority, by and through the Rome city commission, to contract for, procure and maintain group life, accident or disability insurance upon and for the benefit of the officers and employees of said city. Insurance of employees. Section 4. Be it further enacted by the authority aforesaid, That whenever any surplus of funds above the amount due for the retirement of street improvement bonds in on hand allocated to any issue for such bonds, that such surplus may be used for the purchase or retirement of other issues of such bonds for which funds are not then available. Bond funds. Section 5. Be it further enacted by the authority aforesaid, That Section 2 of an Act of the General Assembly of the State of Georgia, entitled An Act to create a new charter and municipal government for the City of Rome; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and all laws in conflict therewith, as approved August 19, 1918, be, and the same is hereby, amended by adding at the end of said paragraph the following words and figures, to wit:

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The territorial limits of the City of Rome shall be, and the same are hereby extended to include the following described tract, to wit: Territory inclusive. All that tract beginning at a point 390 feet from the eastern side of Broad Street, where the southern boundary line of what is now known as the Leo J. Russell property is intersected by the present city limits line, running thence west 390 feet to the easterly side of Broad Street, thence in a generally northerly direction 100 feet along the easterly side of Broad Street, thence North 89 degrees 40 minutes, east 390 feet to a point, thence south 102 feet to thence in a general southerly direction 102 feet to a point, thence in a generally westerly direction along the southern boundary line of the said Leo J. Russell property to the point of beginning. Section 6. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Approved March 23, 1937. SAVANNAH ARMSTRONG COLLEGE COMMISSION. No. 72. An Act to amend the charter of the mayor and aldermen of the City of Savannah and the several Acts amendatory thereof and relating and supplementary thereto, to create Armstrong Junior College Commission, prescribe its duties and powers; and for other purposes. Section 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 junior college now operated by the mayor and aldermen of the City of Savannah, and known

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as the Armstrong Junior College, shall be managed, controlled and operated by a commission known as the Armstrong Junior College Commission. Commission control. Section 2. Said commission shall consist of the mayor of the City of Savannah and the president of the board of public education for the City of Savannah and County of Chatham, who shall be ex-officio members of said commission during their terms of office, respectively, as mayor and president, and entitled to full voting rights, and six persons who are citizens of the United States and have been residents of the County of Chatham continuously for at least one year prior to their appointment, which six persons shall be appointed by the mayor of the City of Savannah promptly after the passage of this Act, which appointments by the mayor shall be subject to confirmation of the board of aldermen of the City of Savannah. Membership Section 3. The six commissioners first appointed by the mayor shall serve from the time of appointment by the mayor as follows: One for one year, one for two years, one for three years, one for four years, one for five years, and one for six years from February 1, 1937, and the commission of appointment by the mayor shall designate the term for which the commissioner is appointed. Appointment and terms. Upon the expiration of the term of office of any of the commissioners first appointed, the terms of members of the commission thereafter appointed shall be for six years each. In the event of the death, resignation or vacancy for any other reason of any member of the commission appointed by the mayor it shall be the duty of the mayor of the City of Savannah within 10 days from such vacancy to appoint some other person to fill said vacancy for the unexpired term of said commissioner, which appointment shall also be subject to confirmation by the board of aldermen, and the mayor shall also have the power at any time to withdraw

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the name of any appointee and substitute another, prior to confirmation. Vacancies. Section 4. No person appointed by the mayor as a member of the commission shall be eligible for reappointment as a member of the commission until at least one year from the expiration of his term of office. The commission shall select one of its members as chairman, and one as vice-chairman. The commission shall also select a secretary, who may be president, dean or any member of the faculty of the Armstrong Junior College, or other person, whose duty it shall be to give notices of all meetings of the commission and to perform such other duties as may be designated by the commission. Four members of the commission shall constitute a quorum and be authorized to transact business. Any member of the commission appointed by the mayor and confirmed by council shall continue to have authority to perform the duties of his office until his successor is appointed by the mayor and confirmed by council. Reappointment. Secretary. Quorum. Section 5. The Armstrong Junior College Commission shall have the entire and exclusive management, operation and control of the Armstrong Junior College, and of all the buildings and properties which now or hereafter constitute a part of said college. The commission shall have the entire and exclusive charge and control of the appropriation and expenditure of all money which may be appropriated to said commission or college by the mayor and aldermen of the City of Savannah, and of tuition and laboratory fees received from students, and money or property received by the college, or by the corporation referred to in Section 6, from any and all sources, including donations, legacies and bequests. Powers. Section 6. The commission or its members are authorized to apply to the Superior Court of Chatham County for incorporation, which charter shall authorize the receipt

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and use for the college and its purposes of donations, bequests and devises. The mayor and aldermen of the City of Savannah are authorized to make appropriations to said corporation for the uses of the college and may transfer and convey such property to said corporation as to the mayor and aldermen may seem proper. The said corporation shall have such other corporate powers and authority as are agreed to by the said mayor and aldermen at the time of the incorporation. Incorporation. Section 7. It shall be the duty of the commission to submit to the mayor of said City of Savannah, not later than December 1 of each year, or at such other times as the mayor may prescribe, an estimate of the amount of money necessary for the commission for the ensuing year, and on or before the fifteenth day of January of each year, it shall submit its report to the mayor for the preceding year, showing its actings and doings and its receipts and expenditures of money, with such recommendations as it may see fit to make relative to the college. It shall also furnish, from time to time, such other information as may be requested by the mayor, or by the city council. The mayor or any one designated by him shall have free access at all times to all records, proceedings, books and papers of said commission. The commission shall adopt rules and regulations for its government and control, which shall be submitted to the mayor and aldermen of the City of Savannah for approval. Report of estimates, etc. Section 8. The said Armstrong Junior College Commission, or any member thereof, shall be subject to removal from office by the mayor and aldermen of the City of Savannah, in council assembled, for malfeasance in office, or for incompetency or neglect in the discharge of his or their official duties, or from inability from any cause to discharge the duties of said office, or upon his or their conviction of any crime against the State of the grade of felony, or of any crime involving moral turpitude; Provided,

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however, that before such removal can be effected, charges in writing shall be preferred against said commission, or member thereof, setting forth in specifications wherein he or they may be alleged to be guilty, so as to acquaint said official or officials fully of the facts and details of the same, a copy of which charges shall be served upon him or them personally, at least 10 days before he or they shall be called upon to appear before the mayor and aldermen of the City of Savannah in council assembled to answer the same, at which hearing he or they shall have the right, upon request to the clerk of the council, to have all witnesses subp[oelig]naed upon whom he or they may rely, and also to be confronted with whatever witnesses and evidence may be produced against him or them, and shall have the benefit of counsel, if he or they so desire, and the trial of such official or officials, upon such charges and specifications, before the said city council, shall be final and conclusive; Provided, further, that no removal from office shall be effected under this section unless there shall be at least 10 votes in favor of such removal, the mayor having a right to vote. Removal from office. Evidence. Section 9. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 1, 1937. SAVANNAH BOARD OF EDUCATION PENSION SYSTEM. No. 10. An Act to authorize the board of public education for the City of Savannah and the County of Chatham, to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute

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the necessary funds therefor from the public moneys committed to its charge, and to adopt reasonable rules and regulations for the administration of said system of pensions; and for other purposes. Section 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 public education for the City of Savannah and the County of Chatham is hereby authorized to adopt, establish and administer a system of pensions for old age and disabilities of its teachers and employees, and to contribute the necessary funds therefor from the public moneys committed to its charge, and to adopt reasonable rules and regulations for the administration of the same. Pensions for teachers, etc. Section 2. The system of pensions adopted by said board may provide that only such persons as contribute to said funds out of their wages or salaries shall be entitled to participate in the benefits of said system of pensions. The system adopted by said board and the rules and regulations for the administration thereof shall be uniform in their application to all persons similarly situated. Contributions. Regulations. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 8, 1937. SAVANNAH TAXING POWERS. No. 221. An Act to amend the charter of the mayor and aldermen of the City of Savannah, and the several Acts amendatory thereof, and relating and supplementary thereto; 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 the authority of the same, That from and after the passage of this Act that the mayor and aldermen of the City of Savannah be, and it is hereby authorized and empowered, in addition to the taxing powers heretofore conferred upon the said mayor and aldermen, to levy taxes upon all sales of property and/or facilities made within the corporate limits of Savannah as now or hereafter established, and upon the gross or net receipts of persons, firms, corporations and associations doing business in said city. Tax on gross receipts and sales. Section 2. Be it further enacted by the authority aforesaid that the said, the mayor and aldermen of the City of Savannah is, also, authorized and empowered to appropriate and expend money from the treasury of the City of Savannah, by a majority vote of the board of aldermen at any regular meeting of city council, or at any special meeting duly called, for the purpose of giving aid or encouragement to any educational or charitable organization or cause in the City of Savannah in such amount as council may deem advisable. So much of the Act approved August 7, 1919, and of the Act approved August 1, 1924, as may be inconsistent herewith, is hereby repealed. Charity expenditures. Section 3. Be it further enacted by the authority aforesaid, That the mayor and aldermen of the City of Savannah is also authorized and empowered to acquire by purchase, gift, condemnation, or otherwise, and to own, use, improve, lease, sell or otherwise dispose of land lying within or without the corporate limits of said City of Savannah and within the limits of Chatham County, for the purpose of providing a market or markets for the sale, handling, storage and distribution of products of farms, groves, or orchards: to erect suitable structures thereon and regulate the use thereof; and to appropriate and expend from the city treasury such sums as city council may deem advisable for such purposes. Markets.

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Section 4. Be it further enacted by the authority aforesaid that the said, the mayor and aldermen of the City of Savannah is authorized and empowered to rent or lease the present City Market site, located within the limits of Ellis Square as defined by the Acts of 1935, page 1172, including the land and the structure located thereon. Lease of city market. Be it further enacted that the said, the mayor and aldermen of Savannah is hereby further authorized and empowered, whenever in its discretion the public welfare will best be served, to dismantle and raze the present City Market Building in Ellis Square or to enter into a contract for the purpose aforesaid; to sell, use or otherwise dispose of the materials accumulating from the dismantling and razing of said building; also to use, improve, lease or rent the land embraced within the limits of Ellis Square. Dismantling of building. Section 5. License and Regulate Small Loans Companies. 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 mayor and aldermen of the City of Savannah shall have authority to license and regulate every firm, person or corporation in said city engaged in the business of making small loans, that is to say engaged in the business of making loans in the sum of three hundred ($300.00) dollars or less, secured or unsecured, or engaged in the business of lending moneys by assignment of wages or salaries, earned or to be earned, or engaged in the business of buying salaries, to define by ordinance the powers and privileges of such businesses not inconsistent with the laws of this State, or license therein, with power to revoke licenses for violation of any law of ordinance, to enact ordinances providing for the submission of daily reports of all wages or salaries so assigned, and generally to exercise such supervision over those engaged in the several business aforesaid, as

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will insure fair dealings between the operators of said businesses and their customers. Small-loan regulations. Section 6. Pensions Abated, When. Be it further enacted, That any employee of the City of Savannah who returns to active service and employment of the city, after having been retired and pensioned, shall not be entitled to his pension during such active service, but upon subsequent retirement will be entitled to the pension previously granted such employee. Pensions. Section 7. Officers, Employees, How Appointed. Be it further enacted, That the mayor and aldermen of the City of Savannah are hereby authorized and empowered to appoint, hire, and employ for and in behalf of the City of Savannah such officers, clerks and employees as he may deem necessary for the government of said city, to fix their salaries and to discharge them at any time in accordance with such ordinance or resolution adopted by council; Provided, that such officers and employees as are by the charter of the city made elective by council shall not be affected by the provisions of this section. Municipal officers. Section 8. Recorders Court Jurisdiction Extended. Be it further enacted, That the recorder of the City of Savannah, sitting as judge of the police court of Savannah, shall have authority and jurisdiction to try all cases arising under the Act of the Legislature of Georgia of 1937, known as the State Highway Patrol Act; and shall also have authority and jurisdiction to take pleas of guilt in misdemeanor cases and pass judgment thereon where the defendant is brought before him on commitment hearing and waives the right to a trial in the city or Superior Courts. Provided, that all fines from State offenses shall be paid into the county treasury. Jurisdiction of recorder's court.

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Section 9. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Approved March 20, 1937. SOPERTON RECORDEROFFICE CREATED. No. 144. An Act to amend an Act approved August 17, 1920, creating a new charter for the City of Soperton, and all Acts amendatory thereto; to create the office of recorder for said City of Soperton; to provide the manner of electing said recorder, and fixing the salary of said recorder; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, and Act creating a new charter for the City of Soperton, approved August 17, 1920, and all Acts amendatory thereof, be and the same are hereby amended by adding thereto the following: Act of 1920 amended. There is hereby created the office of recorder of the City of Soperton, whose duty it shall be to preside over the recorder's court of said City of Soperton, and said recorder is hereby vested with all the powers and authority heretofore conferred on the mayor of said City of Soperton in the Act creating the charter of said City of Soperton, approved August 17, 1920, in so far as said powers and authority pertain to holding courts to try offenders and violators of the ordinances of said City of Soperton, to impose sentences against any person adjudged guilty of a violation of any ordinance of said City of Soperton, to subp[oelig]na witnesses,

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issue warrants, adjudge persons in contempt of court, commit persons to State courts and generally to do any and all things and acts now or heretofore conferred on the mayor of said City of Soperton so far as holding court and disposing of any and all criminal cases is concerned: Provided, that in the absence of said recorder, or his inability or disqualification to preside, then the mayor, or in his absence, inability or disqualification, the mayor pro tem., and in his absence and in the absence of all three of the above named, any one or more members of the council of City of Soperton shall hold recorder's court. Recorder. Powers. Section 2. Be it further enacted by the authority aforesaid, That the words mayor's court, wherever same appears in the Act above referred to, approved August 17, 1920, be, and the same are, hereby stricken and the words recorder's court inserted in the place of said words so stricken. Name of court. Section 3. Be it further enacted, That said recorder shall be elected by the mayor and council of said City of Soperton, under the same rules and regulations and for the same term as provided for other subordinate officers in Section 4, pages 1513 and 1514 of the Acts of the General Assembly of 1920, Georgia Laws of 1920. Said recorder shall be at least 21 years of age and a bona fide resident of the City of Soperton. The salary of said recorder shall be paid from the treasury of the City of Soperton, but said salary shall at no time exceed the sum of ten ($10.00) dollars per month. Election of recorder. Salary. Section 4. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved March 10, 1937.

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SYLVANIA STREETSPOWERS CONFERRED. No. 32. An Act to amend the Act approved August 17, 1909 (Georgia Laws of 1909, pages 1390-1419), amending, consolidating and superceding the several Acts incorporated in the City of Sylvania, County of Screven, creating a new charter and municipal government for said city and defining the rights, powers and duties of such corporation, by amending Section 34 of said Act relating to the powers and duties of the mayor and council, with reference to the condemnation of property for streets, alleys, etc., and their control and authority over same; so as to provide that the mayor and council shall have power and authority to abandon or close any street, sidewalk or alley within their discretion; and for other purposes. Be it, and it is hereby enacted by the General Assembly of the State of Georgia: Section 1. That Section 34 of the Act of 1909, creating a new charter and municipal government for the City of Sylvania, in the County of Sereven, which said section relates to the powers and authority of the mayor and council over the streets, sidewalks, alleys and squares of said city, and to the condemnation of property for such purposes; be, and the same is hereby amended by inserting in line 8 of said section, between the words city and and, the words and shall have further power and authority to abandon or close any street, sidewalk, lane or alley, when in their discretion public necessity, safety or convenience requires it, and such power and authority may be exercised by the mayor and council by appropriate ordinance enacted by a majority vote of the council in regular meeting assembled; so that said section as amended shall read as follows: Act of 1909 amended.

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Be it further enacted, That the mayor and council shall have full and complete control of the streets and sidewalks, alleys and squares of said city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening, grading, and in any way improving or changing the street lines and sidewalks of said city; and shall have further power and authority to abandon or close any street, sidewalk, lane or alley, when in their discretion public necessity, safety or convenience requires it and such power and authority may be exercised by the mayor and council by appropriate ordinance enacted by a majority vote of the council in regular meeting assembled; and when the mayor and council shall desire to exercise the power and authority granted in this section it may be done, whether the land sought to be condemned is in the hands of the owner or a trustee, executor, administrators, guardian or agent, in the manner provided by Sections 4657 to 4686, inclusive, of Volume 2 of the Code of Georgia of 1895 and the Acts amendatory thereof. The mayor and council shall have full power and authority to remove or cause to be removed any buildings, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or other public places in said city and to enforce the provisions of this section by appropriate ordinances. Provided, that the right to condemn private property for the public use for the right to remove or cause to be torn down any buildings or other improvements shall not exercise except when public necessity requires it, which shall be judged of only by a majority of the entire council of the City of Svlvania at a regular meeting after having given at least 10 days' notice of the intention to do such Act as the time and place of such hearing, from which decision the right of appeal is preserved. Streets, etc. Power to condemn.

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Section 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are, hereby repealed. Approved February 11, 1937. TALLAPOOSA SCHOOL SYSTEMTAXATION. No. 126. An Act granting to the City of Tallapoosa authority to establish and maintain public schools in the limits of said city by local taxation; to provide for the establishment and maintenance of a system of such public schools in said city; to provide for the selection of members of a board of education to supervise, control, and conduct such system, and to incorporate such board of education; to provide for the assessment, levy and collection of a local tax to establish and maintain such system of public schools; to provide for the payment directly to said board of education of the pro rata share, due the schools of said city, of all educational funds raised by the State; to repeal an Act, approved December 26, 1888, entitled An Act to establish a system of public schools in the City of Tallapoosa, and provide for the maintenance and support of the same, and for other purposes, which said Act established a system of public schools in said City of Tallapoosa, authorized a collection of a local tax for the purpose of establishing and maintaining such system of public schools, provided for the incorporation of the board of education created by said Act; to repeal an Act, approved August 18, 1919, amending said Act, approved December 18, 1888; to amend an Act, approved December 23, 1896, which said Act repealed an Act approved December 26, 1888, to incorporate the City of Tallapoosa, in the County of Haralson, reincorporated said city and adopted a new charter for the same, by

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striking from said Act approved December 23, 1896, Section 23 thereof; to provide for the submission of the adoption of this Act and the provisions thereof to a referendum of the voters of the City of Tallapoosa; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, upon the recommendation of the corporate authority of the City of Tallapoosa, in the County of Haralson, That said City of Tallapoosa, by and through the agency of the board of education of the City of Tallapoosa, a body corporate as hereinafter created, shall have authority to establish and maintain public schools within the limits of said City of Tallapoosa by local taxation. Tax for schools. Section 2. Be it further enacted, That said board of education of the City of Tallapoosa shall consist of six members, five of whom shall be elected by the qualified voters of the City of Tallapoosa, as hereinafter provided, and the sixth member shall be the clerk of the mayor and council of the City of Tallapoosa, who shall be an ex-officio member of said board of education, and clerk of said board of education of the city of Tallapoosa, with the rights, powers, duties and authority hereinafter specified. He shall not participate in any action of said board in reference to the establishment, maintenance and control of the schools of said city. His duty and authority shall be restricted to that of keeping the records of said board in the manner said board shall direct, performing such duties as are proper for the clerk of said board, and acting as tax assessor for said board, as hereinafter provided. Board of education. Clerk. Section 3. Be it further enacted, That when this Act shall become effective, as hereinafter provided, said board of education shall consist of the following members: W. B. Brock, W C. Langford, I. M. Thompson, Spurgeon Edwards and D. B. Howe, and the person who shall then fill

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the office of clerk of the mayor and council of said city. That of such membership, said W. B. Brock shall hold office until the third Saturday in February, 1940, or until his successor is elected and qualified, and W. C. Langford and I. M. Thompson shall hold office until the third Saturday in February, 1939, or until their successors are elected and qualified, and Spurgeon Edwards and D. B. Howe shall hold office until the third Saturday in February, 1938, or until their successors are elected and qualified. After this Act shall become effective, there shall be held in said city on the third Saturday in February of each year an election to fill the place of any member of said board whose term of office shall expire in said year. The persons who shall be elected as members of said board in place of the members herein designated, when their terms of office shall expire, shall be elected and hold office for a term of three years, or until their successors are elected and qualified. All vacancies of elective members on said board of education shall be filled by a special election to be called by said board for that purpose, of which election notice shall be given by publication in two consecutive issues of some newspaper published in the City of Tallapoosa, or by posting notice thereof in three public places within said city two weeks prior to same. Elections for members of said board shall otherwise be held under the same laws, rules and regulations as govern elections for mayor and councilmen of said city. Any resident of said city who is eligible for the office of mayor or councilman of said city shall be eligible as a member of said board of education. Board members named. Election and terms of office. Section 4. Said board of education of the City of Tallapoosa shall have power, and it shall be its duty, to design and organize a system of public schools for said city, to employ and discharge, under such rules as it may adopt, a superintendent and teachers for said schools and to fix their compensation and prescribe their duties; to prescribe rules for the government of said schools, dictate the course of

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studies, the organization of classes, the number and character of textbooks, and to make and enforce a complete system of rules for the government and efficiency of said schools, which powers shall be exercised in accordance with the provisions of any general law now in effect or that may be hereafter adopted for the conduct of the public schools of this State. Said board shall also prescribe such rules for their own government as they may deem proper Powers of board. Section 5. The officers of said board of education shall be the president and vice-president, the treasurer and a secretary. The secretary of said board shall be the clerk of said board and he shall be the clerk of the mayor and council of the City of Tallapoosa and ex-officio a member of said board as herein elsewhere in this Act provided. The said clerk of said board shall, in addition to the duties imposed on him elsewhere in this Act, keep a record of the Acts and doings of the board, which record shall be open to inspection by any person interested therein. Said officers, with the exception of the secretary, who is also designated as the clerk of the board, shall be elected by vote of the elective members of the board. It shall be the duty of the president of said board, in addition to any duties required of him by law or by the rules and regulations that may be adopted by said board, to make to the State School Superintendent the same regular reports as are required by law from county superintendents. The treasurer shall give bond each year; he shall serve in an amount not less than the estimated receipts of said board from all sources for the year in which such bond is executed, the surety on which shall be some surety company permitted to sign official bonds in this State. Said bond shall be payable to said board of education of the City of Tallapoosa, and shall be conditioned for the safe keeping and proper disbursement of all funds placed in his hands as such treasurer, as well as the faithful and full performance of all other duties that may devolve upon him as such treasurer.

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At any time that it shall appear that said treasurer has or is about to receive funds from any source in excess of the amount of his existing bond, then said board shall require said treasurer to execute and deliver to the secretary of the board a bond sufficient in amount to cover all funds he has or which he is about to receive, with surety thereon and made payable, as above specified. And it shall be unlawful for said treasurer to pay out any funds except on order of said board. Officers of the board. Duties. Bond of treasurer. Section 6. Be it further enacted, That provision shall be made under this Act by said board of education for the education of all children of school age, both white and colored, in said city, who with their parents or guardians are bona fide residents of said city, and no such child or children shall be required to pay tuition. However, the board may require any child or children residing out of the limits of said city, or whose parents or guardian reside out of the limits of said city, to pay tuition for and during the school term provided, but such tuition charge against non-resident pupils shall be uniform and shall be required of all non-resident pupils. All such tuition charges, as well as any fees charged, shall be paid into the general fund for the support and maintenance of said schools. Tuition. Section 7. Be it further enacted, That said board shall establish and maintain such schools for the white children of said city, and such schools for the colored children of said city as it shall deem proper; but said schools for the white children shall be separate and distinct from those for the colored children. Races separate. Section 8. Be it further enacted, That from the date that this Act shall become effective said system of schools established under and by authority of said board of education shall be an independent public school system in and for the said City of Tallapoosa. And said board of education of the City of Tallapoosa shall be entitled, on compliance

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with the provisions of law in respect thereto, to draw directly from the State Superintendent of Schools its pro rata share of all educational funds raised or received by the State. Independent system. State fund. Section 9. Be it further enacted, That from the date this Act shall become effective title to all school property within the limits of said City of Tallapoosa is established and confirmed in said board of education of the City of Tallapoosa. And said board is authorized to receive, hold, use and expend for school purposes, any gift or bequest of property, real or personal, made to said board for educational purposes. However, title to all property purchased, received or held by said board shall be in said board of education of the City of Tallapoosa in trust for said City of Tallapoosa. Title to property. Section 10. Be it further enacted, That said board of education shall keep accurate accounts of all money, or other property received by it, and of all expenditures made by it. Such accounts shall be open for inspection by any citizen of said city. Accounts. Section 11. Be it further enacted, That said board shall annually publish a report of all receipts and disbursements by said board, the value of all property held by it, and statement of all obligations outstanding. This statement shall be published in some newspaper published in said City of Tallapoosa. Reports. Section 12. Be it further enacted, That no officer or member of said board shall be paid any compensation except the secretary, or clerk of said board, who shall be paid 2% on all funds derived from local taxation. This payment of commissions on the local tax received by said board shall be all the compensation said clerk shall be entitled to receive for his entire services except that said board shall assess as costs against each delinquent taxpayer the sum of one ($1.00) dollar to be included in each tax execution

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issued by said clerk for delinquent tax, which cost charge said clerk shall be entitled to receive. And the marshal of said city shall be entitled to charge as costs on such executions delivered to him for collection or execution, as hereinafter provided, the sum of 50 cents for each execution paid before levy of same, and the sum of one ($1.00) dollar for levy of each execution, to be charged against such delinquent taxpayer. Pay of clerk and marshal. Section 13. Be it further enacted, That the said municipality, the said City of Tallapoosa, by and through the agency herein provided for the establishment, and maintenance of a system of public schools by local taxation, the said board of education of the City of Tallapoosa, in the manner herein provided, is authorized to establish and maintain such a system of public schools within the limits of said city by taxation, not to exceed five mills, on all taxable property within the limits of said city, without the sanction of a popular vote, except the referendum hereinafter provided for the adoption of the provisions of this Act. School tax. Section 14. Be it further enacted, That after the passage of this Act, upon petition of one-fourth of the qualified voters of said City of Tallapoosa therefor, the municipal authorities shall order an election to be held at which the question of the adoption of the provisions of this Act shall be submitted to the qualified voters of said City of Tallapoosa. Such election shall be held not earlier than 20 days and not later than 40 days after said municipal authorities shall have received said petition. Notice of such election shall be published in a newspaper in said municipality at least once a week for two weeks before the election, or, if there is no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring the adoption of the provisions of this Act shall have written or printed upon their ballots For Independent

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School System, and those opposed shall have written or printed on their ballots, Against Independent School System. Said election shall be held under the same laws, rules and regulations, not otherwise herein provided, that are prescribed for other elections in and for said municipality. Two-thirds of those voting shall be necessary to carry the election for adoption of the provisions of this Act. The returns of said election shall be made to the mayor and council of the City of Tallapoosa and said corporate authority shall by resolution declare the result of same and whether the provisions of this Act are adopted or not, in accordance with the result of same. However, the provisions of this Act shall not be so declared as adopted and in operation in the event provided for in Section 16 of this Act. Election as to adoption of this Act. Section 15. Be it further enacted, That said City of Tallapoosa is authorized to hold an election on the question of local taxation for school purposes, in which election the question of a local tax for public schools shall be submitted to the qualified voters of the municipality. Upon petition of one-fourth of the qualified voters of such municipality, the municipal authorities shall order an election to be held not earlier than 20 days and not later than 40 days after receiving such petition. Notice of such election shall be published in a newspaper in the municipality at least once a week for two weeks before the election, or, if there be no such newspaper, then notice of such election shall be posted in at least three conspicuous places within the municipality 10 days prior to the election. Those favoring local taxation for public schools shall have written or printed on their ballots, For Local Taxation for Public Schools, and those opposed shall have written or printed on their ballots, Against Local Taxation for Public Schools. Such election shall be held under the same laws, rules and regulations, as govern other elections in and for the municipality, and the result shall be declared, as prescribed

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for other elections in and for the municipality. Two-thirds of those voting shall be necessary to carry the election for local taxation. In the resolution calling such election and the notice of same, the municipal authorities shall specify the maximum rate of taxation which shall be authorized to be levied under sanction of such popular vote, which shall not exceed five mills. Election as to local taxation. Section 16. Be it further enacted, That, whereas the power of the Legislature to grant authority to the counties and municipal corporations of this State to establish and maintain public schools in their respective limits is conferred by the Constitution of the State, which states that such schools shall be established and maintained upon the recommendation of the corporate authority of such counties or municipalities, and whereas there is now in existence a public school system within the limits of the City of Tallapoosa, which constitutes a school district of the County of Haralson, with authority to levy a local tax of five mills on property within such school district and right to share in the general county-wide tax of five mills levied in said county for educational purposes, and the schools within the limits of said City of Tallapoosa cannot be adequately supported without a special local tax in excess of that which might be levied without the sanction of a popular vote, now, therefore in the event that the election provided for in the next preceding section of this ActSection 15shall be against local taxation for public schools, the municipal authority of the City of Tallapoosa shall refuse to recommend the establishment of the public school system provided by this Act, and shall not declare said Act in effect. Condition of establishing system. Section 17. Be it further enacted, That the maximum rate of taxation that may be levied by the board of education of the City of Tallapoosa, under the authority of general law, the provisions of this Act, and by authority of the election provided for in Section 15 of this Act, shall not exceed the rate of 10 mills, which shall be made up of the

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five mills permitted to be levied by the provisions of general law and of this Act, without the special and mandatory sanction of a popular vote, and such rate, not to exceed five mills, as may be authorized by an election held under the provisions of Section 15 of this Act. Tax rate. Section 18. Be it further enacted, That the election at which the adoption of this Act, shall be submitted to the qualified voters of said municipality, as provided for in Section 14 of this Act, and the election for local taxation for public schools, as provided by Section 15 of this Act, may be called and held at the same time and place, but the issue to be decided in each election shall be separately submitted to the qualified voters of the municipality. Election. Section 19. Be it further enacted, That the management and control of the schools within the limits of said city, as provided for in this Act, shall be in a board of education, the members of which shall be selected and elected as provided in this Act. Said board of education shall be a body corporate, under the corporate name of the board of education of the City of Tallapoosa, with the right to sue and be sued, to make all lawful contracts proper for the establishment, maintenance and conduct of said schools, within the limitations provided for by general law and the provisions of this Act, to purchase, to take and hold, in trust for the City of Tallapoosa, title to real estate and personal property, for educational purpose, and with such other powers as are conferred upon it by the provisions of this Act. School management. That said board of education of the City of Tallapoosa shall have no authority to incur any bonded debt for any purpose whatever. That in the event that it shall become proper or necessary, for the enlargement of the facilities of said schools by the purchase of additional real estate or equipment, or for any other lawful educational purpose, to incur any bonded debt, that such debt shall be contracted

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and incurred by and in the name of the City of Tallapoosa, under the provisions and limitations of general law; and the proceeds of the sale of any bonds so issued by the City of Tallapoosa shall be by said city delivered to said board of education to be used by said board for the purposes that may be specified in the notice of the call of the election for the issuance of such bonds. Bonded debt. That said board of education of the City of Tallapoosa shall have no authority to bind the City of Tallapoosa, in any way whatever, by any contract made or action taken by said board of education or under its authority; and said board of education of the City of Tallapoosa shall have no authority to incur any indebtedness, either directly or impliedly, by contract made or action taken by it which cannot be paid from the current revenues of said board of education for the year in which such contracts are made or action taken by said board of education; and any contract made by said board after it has lawfully contracted for the payment of such sum as it shall be entitled to receive as current revenue for the year in which said contract is made, shall be void; and any action of said board after it has incurred lawful liabilities for the payment of the full amount that it shall be entitled to receive as current revenues for the year in which such action is taken, which without this limitation, would otherwise operate to create a liability on said board for the payment of money, shall be ineffectual to create such liability. Contracts. That said board of education of the City of Tallapoosa shall have the power and authority to assess, levy and collect, in the manner herein elsewhere provided, the local tax herein elsewhere provided for educational purposes, such tax to be assessed, levied and collected against all taxable property within the limits of the said City of Tallapoosa, and all property having its situs for the purpose of taxation within the limits of said city. Local tax.

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The assessment of all taxable property for taxation under the authority conferred on said board of education shall be made by the clerk of said board of education, who is made the tax assessor for said board of education. Assessment. However, under this provision it is not intended that said board of education, or said clerk of said board of education, acting under the authority herein conferred on him, shall assess the valuation of property, returns of which for taxation are now required to be made to the Comptroller-General and by him assessed. All corporations holding or owning real estate, personal property, franchises or other taxable property within said city that are now required to make returns of same for taxation to the Comptroller-General shall make such returns for taxation by said board of education and the Comptroller-General shall, on assessment by him of the valuation of such property for taxation, furnish to said board of education, in the same manner as he now furnishes to the City of Tallapoosa, the name of such corporation, list of its taxable property within said city, with the assessed valuation of same, which shall be entered by the clerk of said board of education on the tax digest to be made up and kept by him. Returns. The provisions hereafter contained in this Act for protest against assessment of property by said clerk of said board of education and for injunction against the collection of tax based thereon shall not apply to such taxpayers as are required by law to make returns for taxation to the Comptroller-General. Protest. That the local tax for educational purposes, on the taxable property within the City of Tallapoosa shall be assessed, levied and collected by said board of education in the following manner: Within thirty days after the tax digests of the County of Haralson shall have been made up and the valuation of

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property for taxation has been finally adjusted and fixed as provided by law, the clerk of said board of education shall make up from said county tax digest and the tax digest of the City of Tallapoosa, for each year, a digest of all taxable property within the limits of said city, which said property shall be assessed by him at its fair and just valuation. After such digest is so made up and such valuation assessed by him, a general notice of the making up of said digest and such valuation of property by him shall be published by him in some newspaper published in said City of Tallapoosa for two consecutive issues of such paper. In case there shall be no newspaper published in said city, then said notice shall be published in two consecutive issues of the official newspaper organ of said county. Assessments, how made. Within ten days after the second publication of said general notice of the assessment of property within said city for educational purposes, any property owner who, on examination of said assessment, is dissatisfied with same, shall have the right to file in writing with said clerk his protest against such assessment, on the grounds either that the property or any portion of it included in such assessment is not taxable or that the valuation placed on said property or any portion thereof is excessive. Such protest shall be heard and determined by said clerk within twenty days after the filing of same and the findings of said clerk on said protest shall be entered by him in writing and the property assessed in accordance with such findings. That the determination by said clerk of the taxability and valuation of all property so entered and assessed on said digest shall be final and conclusive unless a protest thereto is filed as herein provided. Protest of assessment. The determination on said protest by said clerk of said board of education of the taxability and valuation of the property of any such property owner shall be subject to review by the Superior Court of Haralson County in the following manner: Review.

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That the clerk in determining the taxability and valuation of such property shall render a written statement over his signature of such findings, which statement shall be attached to said protest and remain on file in his office. Said statement of findings of said clerk shall bear date of rendition of same. Findings. Within five days of the making of such findings by said clerk, any property owner who has filed a protest on which such findings are made, if dissatisfied with such findings, shall have the right, on payment to the clerk of the tax assessed against all property which he admits to be taxable on a valuation of same which he admits to be a just and fair valuation, to apply to the Superior Court of Haralson County for an injunction against the collection of tax on any property he denies is taxable and against the collection of tax on property in excess of what he alleges is its fair and just valuation for taxation. Injunction. And either party to said injunction shall have a right to have the issues of fact involved in the determination of the taxability of such property determined by a jury. And either party to such injunction shall have the right to have the issue of whether the valuation of any property of such protesting property owner as determined by said clerk is in excess of a fair and just valuation of same, and the amount of such excess determined by a jury. The judge trying said issues shall enter a judgment enjoining the collection of any tax on property found out to be taxable, and shall also enter judgment enjoining the collection of any such tax on taxable property to the extent the valuation of same shall be determined by the jury to be in excess of a fair and just valuation for taxation. Jury trial. And on the trial of such issues a duly certified copy of that portion of the tax digest of said Haralson County, including the property and valuation of same of such protesting property owner, after the valuation of property

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therein shall have been finally adjusted and determined for the year in which said tax assessment is made by said clerk of said board of education, shall be prima facie evidence of the fact that the property therein assessed, which is located in said City of Tallapoosa is taxable by said board of education, and that such property is the whole of the taxable property of said property owner, and that the valuation of such property as it appears in said tax digest is the fair and just valuation of same for taxation by said board of education. Clear and convincing evidence shall be necessary to overcome said prima facie evidence. Evidence. And in the event that on the trial of any such issues, the judge or jury shall find that any property against which a tax is assessed by said board of education is not taxable by said board of education, then the judge presiding shall render a decree permanently enjoining the levy and collection of such tax against any such property; and in the event that the judge or jury shall find that any valuation of taxable property by said board, or said clerk under its authority, is in excess of a fair and just valuation, then said judge presiding shall render a decree permanently enjoining the collection of any tax levied by said board, or under its authority, to the extent such valuation fixed by said clerk of said board is in excess of the fair and just valuation of such property as determined by the judge or jury trying such issues. Decree. And in the event on the trial of said injunction it shall be determined that any property of said property owner is taxable which in his original petition for injunction he denies is taxable by said board, or under its authority, or in the event that it is determined that the fair and just valuation of any such taxable property is in excess of the valuation placed thereon by the property owner in his original petition for injunction, and on which valuation, he shall have paid the tax assessed by said board, or under its authority, then the entire costs of such injunction shall be

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taxed against said petitioner for injunction, and the judge shall have no discretion to otherwise tax such costs. Costs. That said clerk of said board is authorized to make up said digest of the taxable property in said city and assess the same, which digest and assessment shall be made up by the 15th of September of each year. And within ten days thereafter said board of education shall, within the limits herein provided ascertain and declare the rate to be collected from such assessments, and the tax so levied shall be due and payable on the first day of October for the year in which they are levied, and when the taxes levied are not paid before the fifteenth of November in each year, the same shall be collected as follows: Tax digest. Rate. An execution shall be issued by the clerk of said board of education of the City of Tallapoosa, directed to the marshal of said city, who is authorized to levy, collect and return the same against each defaulter, and in case of real estate, where the owner is unknown against such real estate, describing the same, which execution shall be levied by a marshal of said city, and the property so levied upon advertised and sold in accordance with the provisions of law regulating the advertisement and sale of property for unpaid taxes due said City of Tallapoosa, and the provisions of law applicable for the redemption of property sold by said city for unpaid taxes due said city are expressly made applicable for the redemption of property sold under execution issued by said clerk of said board of education for unpaid school taxes. Execution. That all taxes levied by said board of education, or under its authority, shall be paid to said clerk of said board. And all revenues from any source of said board shall be first paid to said clerk and by him paid over to the treasurer of said board. Said clerk shall be required to give a bond, in the same sum as that required of the treasurer, to

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be executed, conditioned, and payable in like manner as that of the bond required of said treasurer. Payments. Section 20. Be it further enacted, That upon this act becoming effective, the Act, approved December 26, 1888, entitled, An Act to Establish a System of Public Schools in the City of Tallapoosa, and to Provide for the Maintenance and Support of the Same, and for other Purposes, which said Act established a system of public schools in said City of Tallapoosa, authorized the collection of a local tax for the purpose of establishing and maintaining such board of education created by said Act, and the Act, approved August 18, 1919, amending said Act, approved December 18, 1888, which amendatory Act is entitled, An Act to amend an Act establishing a system of public schools in the City of Tallapoosa, Georgia, approved December 26, 1888, by increasing the rate of taxation for the support of said schools from one-half of one per centum on the assessed value of the taxable property of said city to seven and one-half tenths per centum; to amend Section 6 of said Act to read as follows: That the school established by authority of this Act shall be free to all the children within school age residing within the corporate limits of Tallapoosa, Georgia. The provisions of this Act shall not be in conflict with the provisions of the general law of this State as now or hereafter enacted on the subject of municipal schools, are and shall be repealed. Acts repealed. Section 21. Be it further enacted, That, upon this act becoming effective, the Act approved December 23, 1896, entitled An Act to repeal an Act approved December 26, 1888, to incorporate the City of Tallapoosa, in the County of Haralson, and to adopt a new charter for the said city, to provide for the manner of electing and appointing all municipal officers of said city; to empower the mayor and council to levy and collect a tax from the property in said city; to license and collect a special tax from all persons, firms and corporations following or carrying on any professional

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trade or business calling or avocation in said city; to prohibit the sale of intoxicating liquors; to impose penalties for the violation of all ordinances of said city; to establish fire limits, and a system of drainage, waterworks and gas lights; to provide for the registration of voters for elections of officers of said city; to define the limits of said city, and for other purposes, is and shall be amended by striking from said Act approved December 23, 1896, Section 23 of same, which section reads as follows: Be it further enacted, That the mayor and council shall have the authority to levy and collect, in addition to the taxes hereinbefore authorized to be levied and collected, a tax on the real and personal property in said city not exceeding one-half of one per centum on the assessed value of such property, which tax shall be used only for the purpose of maintaining the public schools of said city. Act of 1896 amended. Section 22. Be it further enacted, That the provisions of this Act shall become effective and of force upon the adoption of same by popular vote and the declaration by the corporate authority of said City of Tallapoosa that the same are effective and of force, as hereinbefore provided. Popular vote for this act. Section 23. Be it further enacted, That in the event that any part of this Act shall be invalid, because unconstitutional for any reason, then such invalidity of such part or parts of this Act shall not affect the other portions of the Act, provided the valid parts of the Act are sufficient to render effectual the general scheme and purpose of the Act. Constitutionality. Section 24. Be it further enacted, That, on this Act becoming effective and operative, as herein provided, all laws and parts of laws in conflict with this Act are, and shall be repealed. Approved March 8, 1937.

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TAYLORSVILLE TOWN CHARTER. No. 8. An Act to create and establish a new charter for the Town of Taylorsville, in Bartow County, Georgia; to its powers and duties; to repeal the Act heretofore passed creating a charter for 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 Town of Taylorsville in the County of Bartow, be incorporated as a town under the name of the Town of Taylorsville. The corporate powers of said town shall be vested in a mayor and two aldermen and by the name of the mayor and aldermen they may sue and be sued and exercise all the corporate powers that may be necessary in performing their duties. Corporate name. Section 2. Be it enacted by the authority aforesaid, That the corporate limit of said town shall extend twelve hundred (1200) yards every direction from an iron post in the north east corner of lot of land No. 1281 in the 17th District and 3rd section, Bartow County, Georgia. Territorial limits. Section 3. Be it enacted by the authority aforesaid, That the present mayor and aldermen will hold their respective offices until the next election as herein provided for, or until their successors are elected and qualified. Present officers. Section 4. Be it enacted by the authority aforesaid, That on the second Wednesday in December, 1937, and every two years thereafter on the same day of the week and month an election shall be held in the Town of Taylorsville for the election of a mayor and aldermen, who shall hold their offices for two years, or until their successors are elected and qualified. The manner of holding said elections shall be the same as for State and county officers. In

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the event that the office of mayor or alderman shall become vacant from death, resignation, removal or other cause, the mayor, or in case his seat is vacant, the aldermen shall order a new election, notice of which shall be given five days before said election is held, the same to be conducted as provided for in this Act. Election of mayor and aldermen. Section 5. Be further enacted by the authority aforesaid, That before entering upon the duties of their offices the mayor and aldermen shall subscribe before any person authorized to administer oath, the following oath: I do solemnly swear that I will faithfully discharge all the duties devolving upon mayor or aldermen (as the case may be) of the Town of Taylorsville according to the best of my ability and understanding so help me God. Oath of office. Section 6. Be it further enacted by the authority aforesaid, That all citizens qualified to vote for members of the House of Representatives in the General Assembly of Georgia, and who shall have resided six months within the jurisdictional limits of said town, and no other person, shall be qualified to vote in said election. Voters. Section 7. Be it further provided by the authority aforesaid, That the mayor and aldermen shall cause the clerk of said Town of Taylorsville to prepare and provide for the registration of all voters who are qualified and entitled to vote under this charter and the laws of this State for municipal officers or for any municipal measures, purpose or enterprise of said town. Registration. Section 8. Be it further enacted by the authority aforesaid, That the said clerk shall provide and keep a suitable book, alphabetically arranged in which to register said qualified voters, and said clerk shall post a notice at the town hall door at least thirty days preceding each and every election, that his books are open for registration who are qualified to vote in such municipal election; the registration

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books shall be closed five days before each and every election. Clerk's duty. Section 9. Be it further provided by the authority aforesaid, That it shall be the duty of all persons who desire to register to apply to the clerk in person and furnish satisfactory evidence of their qualifications of registration and in case the clerk is not satisfied as to the qualifications of such applicant he may require the following oath or affirmation to be made and taken by the applicant: I do swear (or affirm) that I am a qualified voter for members of the House of Representatives in the General Assembly of Georgia from the County of Bartow, and that I have resided within the jurisdictional limits of the Town of Taylorsville for the period of six months last past, so help me God. The clerk of said town shall be authorized to administer said oath and shall keep a record of same upon the registration book, and may refuse to register such persons as may decline to take the oath aforesaid. Such registration shall be permanent or until persons registering become disqualified as provided by the laws of Georgia or by this Act. Oath of voter. Permanent registry. Section 10. Be it further enacted by the authority aforesaid, That any person voting illegally in any municipal election of the Town of Taylorsville, or falsely swearing in order to register for any election therein, shall on conviction be punished as for a misdemeanor. Illegal voting. Section 11. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall appoint three freeholders residing in the Town of Taylorsville, to serve as election managers whose duty it shall be to superintend all elections held in said Town of Taylorsville whose term of office shall be for two years, or until their successors are qualified. Said election managers shall be required, before entering upon their duties to take an oath to be administered by the mayor or any officer qualified to

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administer oath, as follows: I will faithfully and impartially conduct all elections held in the Town of Taylorsville during my term of office and will prevent all illegal voting within my power. Election managers. Oath. Section 12. Be it further enacted by the authority aforesaid, That it shall be the duty of the clerk of said Town of Taylorsville to certify to the election managers a list of the qualified voters of said Town of Taylorsville. Certificate. Section 13. Be it further enacted by the authority aforesaid, That the three persons who shall receive the highest number of votes in an election for mayor and aldermen shall be declared elected, Provided that the person receiving the highest number of votes shall be declared to be the mayor, or that the three persons receiving the highest number of votes may select among themselves which one shall be the mayor in case two persons should receive the same highest number of votes. Declaration of result. Section 14. Be it further enacted by the authority aforesaid, That in case of any vacancy among members of council by removal from town or otherwise the mayor shall order a new election to fill said vacancy giving ten days' notice thereof by posting notice at the town hall door ten days before such election, or if there is no town hall by posting notice at three conspicuous places in the business district of said town, and the registration for the last preceding election shall be applicable thereto; Provided, that if any vacancy occur within six months next preceding the regular election no special election shall be called or held to fill said vacancy unless more than one vacancy is to be filled. Election on vacancy. Section 15. Be it further enacted by the authority aforesaid, That after the votes for mayor and aldermen at each election shall have been counted by the election managers they shall cause two certified copies of the tally

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sheets to be made out, one of which shall be handed to the mayor for the time being and the other be retained by the managers, and as soon as the mayor, as aforesaid, shall be informed of the result of said election, he shall cause the persons elected to be notified of the same, and the persons so elected shall attend on the first Monday thereafter at the council chamber in said town and shall take and subscribe before any officer qualified to administer oath the following oath: I swear that I will faithfully and impartially demean myself as mayor or alderman (as the case may be) during my continuance in office and will enforce and uphold the laws and ordinances of the Town of Taylorsville and will be governed by what in my judgment, is for the public good and the best interests of said town. Tally-sheets. Oath of office. Section 16. Be it further enacted by the authority aforesaid, That no person shall be eligible to hold the office of mayor or alderman of said town unless such person is a qualified voter of said town at the time of his election to such office. Eligibility. Section 17. Be it further enacted by the authority aforesaid, That in case the mayor or any alderman of said town, while in office, shall be guilty of any malpractice or misfeasance in office, or abuse the powers confided in him he shall be subject to indictment therefor in the Superior Court of Bartow County and on conviction shall be punished as for a misdemeanor, and, moreover, he shall be removed from office upon conviction. Malpractice in office. Section 18. Be it further enacted by the authority aforesaid, That at its first meeting upon organization, the board of aldermen shall elect one of their number as mayor pro tempore, and that the mayor and aldermen shall serve without pay. Mayor pro tem. Section 19. Be it further enacted by the authority aforesaid, That the mayor and aldermen at their first meeting

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shall elect their own clerk and treasurer, who may be from their own number and who shall be required to give bond in a sum fixed by council with good and sufficient security to be approved by the mayor, for the faithful performance of his duties; he shall be clerical officer of the council and the town and ex-officio tax collector and such other duties as may be prescribed by the mayor and aldermen and by the ordinances of the town; his compensation to be fixed by the council. Clerk and treasurer. Section 20. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the authority to elect a city attorney, a town physician, and a board of health, whose duties shall be such as required by ordinances of the town or by the direction or order of the mayor and aldermen, and whose compensation shall be fixed by the mayor and aldermen. The city attorney and town physician may be selected from persons who reside within or without the territorial limits of the town, but in case a board of health is created the members thereof shall be residents of the town. Attorney and physician. Section 21. Be it further enacted by the authority aforesaid, That at its first regular meeting the mayor and aldermen shall elect one marshal, who shall be ex-officio chief of police. Such officer shall be elected for the term of two years; shall be paid such compensation as may be provided and fixed by the mayor and aldermen; shall give bond for the faithful performance of his duties, in such amount and character as approved by the mayor and aldermen, he shall perform such duties as required of him by ordinance or the mayor and aldermen. The mayor in his discretion, may, at any time deemed needful appoint one or more special officers to assist the marshal and whose duties shall be the same as that of the marshal and who shall act under the direction of the marshal or the mayor and aldermen, and who shall receive such compensation as fixed

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by the mayor and aldermen. The mayor and aldermen shall at any time have the right and power to suspend or remove any or all of such officers for any cause, either at a regular meeting or during recess of council, and to appoint other persons in their stead. Marshal. Assistants. Section 22. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the right to organize a mayor's court, and the mayor or acting mayor shall preside therein and hold sessions daily, or as often as may be necessary to clear the guardhouse. The mayor presiding in said court, or the acting mayor presiding therein, shall have cognizance of all violations of the town ordinances, and may punish for all violations of said ordinances by any fine not to exceed twenty-five dollars, by imprisonment in the county jail of Bartow County, or in the town guardhouse of the Town of Taylorsville, for any time not to exceed twenty-five days, or by compulsory work upon the public works of said Town of Taylorsville not to exceed twenty-five days. Any or all of the above punishments may be inflicted in the discretion of the presiding officer of the court, and said officer of the court shall have the authority to impose any of the above punishments in the alternative. Mayor's court. Penal powers. Section 23. Be it enacted by the authority aforesaid, That the mayor or acting mayor shall have the power in his 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 be bailable by a justice of the peace, under the laws of this State, to appear before the Superior Court of Bartow County. Commitments. Section 24. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power and authority to authorize by ordinance the marshal or any police officer of the town to summons

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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. Aid in arrests. Section 25. 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 in the jail of Bartow 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 Taylorsville; Provided, that said marshal and police officers shall not be authorized to arrest any person outside the territorial limits of said town except in obedience to a written warrant signed by the mayor or acting mayor. Arrests. Warrants. Section 26. Be it further enacted by the authority aforesaid, That the jailor of Bartow County shall receive and keep prisoners arrested by the officers of said town, or convicted in the mayor's court thereof, or bound over from said mayor's court, in the jail, upon the same terms as other prisoners are received and kept, and the Town of Taylorsville shall be responsible to the said jailor for the expenses of keeping said prisoners where they are confined

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for violating the ordinances of said town. The mayor and aldermen are hereby authorized to make such contracts as they see proper with the authorities of any chaingang or county of this State for the hire of convicts. Jail. Convicts. Section 27. Be it further enacted by the authority aforesaid, That the marshal or police of said town shall release any prisoner arrested for violations of the ordinances of said town upon said prisoner, giving a bond to be approved by the mayor or acting mayor of said town, conditioned to pay the Town of Taylorsville an amount fixed in said bond by the mayor or acting mayor; and in the event the person giving said bond does not appear before the corporate authorities of the town at the time and place specified in the bond, and from time to time until the principal in said bond is tried for the offense charged, and should such person fail to appear at the time and place recited in the bond said bond may be forfeited before the mayor's court of said Town of Taylorsville, and the mayor and aldermen shall have authority to compel the attendance of witnesses, whether residents of said town or not, by imprisonment if necessary, and to take bonds to secure their attendance and to forfeit such bonds before the mayor's court, and to pass ordinance to carry this provision into effect. Appearance bonds. Section 28. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the authority to declare by ordinance what shall be and constitute nuisances in said town, and by ordinance provide for the abatement of the same. The mayor's court of the town shall have plenary jurisdiction in respect to the trial and abatement of all nuisances in said town. Nuisances. Section 29. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power to take up and impound any horses, mules, cattle, hogs, sheep or goats running at large within the corporate

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limits of said town, and to pass such ordinances as may be decreed by them necessary for the regulation of stock or animals within the town; also to levy such tax as may seem proper to them upon dogs. Section 30. Be it further enacted by the authority aforesaid, That said mayor and aldermen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said town, and to enlarge, change or modify its limits from time to time: to prescribe when, how and of what material building in said limits may be constructed; how thick the walls must be; how the chimneys, stove pipes and flues are to be arranged and constructed, and generally to do all things that they may deem necessary to protect said town as far as possible from danger from fire: and to prevent the spread of fire from any building to another. They shall also have authority to order changes in the construction or arrangements of buildings, chimneys, stove pipes or flues, and to order the removal thereof when in their judgment the same are dangerous or liable to become so, and to make the owners of the premises pay the expense of the change or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said town, said mayor and aldermen may order such building removed or altered, and if such person, firm or corporation shall not remove or alter such building after notice to do so, then said mayor and aldermen shall have the authority to remove or alter the same at the expense of the owner, which expense may be collected as taxes are collected. Fire regulations. Section 31. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have complete control of the streets and sidewalks, alleys and squares of the town, and shall have full power and authority to

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condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing the street lines and sidewalks of said town; and when the mayor and aldermen desire to exercise the powers and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of the owners or a trustee, executor, administrator or guardian or agent, in the manner provided by the laws of Georgia. The mayor and aldermen shall have full power and authority to remove or cause to be removed any buildings, steps, fences, gates, posts, or other obstruction, hindrances or nuisances in or on the public streets, lanes, alleys, sidewalks or other public places in said town, and to enforce the provisions of this section by appropriate ordinances. The mayor and aldermen shall have full power and authority to pass such ordinances as are necessary in maintaining the streets in every respect whatsoever, to include paving when in their judgment the said streets should be paved and to provide how said paving should be paid for and what portion of the cost shall be borne by the adjacent land owners; Provided that the land owners or property owners shall never be required to pay more than one half of the cost of such paving. Control of streets. Power of removal, etc. Section 32. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have power and authority to establish and maintain a system of waterworks, sewerage, electric lights or either or any of them in said Town of Taylorsville for the purpose of furnishing and supplying its inhabitants and the town, as well as consumers generally, with water, lights, electric power and sewerage facilities, or any or either of them, and the said mayor and aldermen shall have the power to do any and all things which may be necessary for such purposes, including the right and power to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without

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the territorial limits of said town, and, if necessary to condemn the same in accordance with the provisions of the laws of Georgia. Said mayor and aldermen shall have the authority to make contracts for the purchase of plants, machinery, material, equipment, etc., and make contracts with the inhabitants of said town and with consumers generally for the furnishing of water, lights, electric power, sewerage or any or either of them, and may charge and collect reasonable compensation for furnishing and supplying the same. They shall also have the power and authority to grant the use of the streets and other public property to any other person, firm or corporation that will undertake to furnish the town and the public with electric power, light, water and sewerage, and may make such contracts for same as may seem proper to them; Provided that the city shall not be bound for any contract for such for a longer period than one year from the making thereof unless the said contract shall have been first approved by a majority of the qualified voters of said town at an election to be held for that purpose, of which four weeks' notice shall be given as prescribed for other elections in said town, which notice shall contain the substantial facts of the contract proposed as well as the time and place of the election. The said mayor and aldermen are hereby authorized to pass such ordinances, rules and regulations as necessary to carry out the provision of this section. Water sewerage, lights. Section 33. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have the power and authority to tax and grant licenses to persons carrying on businesses and trades in said town, and that they shall have the power and authority to pass such ordinances as may seem necessary and proper to classify businesses and trades for the purpose of taxation and for the collection of said taxes or license. Business licenses. Section 34. Be it further enacted by the authority aforesaid, That the mayor and aldermen shall have power

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and authority to levy and collect a tax annually upon all and every species of property, both real and personal, within the territorial limits of the town, including bonds, notes, debts, choses in action, money employed in banking or otherwise. Tax powers. Section 35. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall at their first meeting in January next after their election, appoint three intelligent, discreet and upright persons, who are qualified voters of said town and owners of real estate therein, as city tax assessors, whose terms of office shall be for two years and who shall be required to take such oath and receive such compensation as fixed by the mayor and aldermen, and who shall at any time be removed by the mayor and aldermen for good and sufficient cause to be judged by the mayor and aldermen, and any vacancies occurring thereby shall be filled at any time by said mayor and aldermen. It shall be the duty of said tax assessors to assess the value of real and personal estates and property in said town, list the same and return to the clerk of the town. The mayor and aldermen may prescribe any other rules and duties, concerning taxable property, to be performed by said tax assessors. The said assessors will make their returns at such time as set by the mayor and aldermen and should any person be not satisfied with any of said returns they may appear before the mayor and aldermen at such time as set by the mayor and aldermen for the purpose of presenting their claims and the action of the mayor and aldermen shall be conclusive. The said tax assessors shall have the power and authority to require any taxpayer of said town to produce and furnish them with a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments in said town when in their opinion the same is necessary for a correct assessment, and to punish for contempt, as may be prescribed by ordinance for failure or refusal to do so. The mayor and aldermen shall

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have the power and authority to pass such ordinances as are required to effectuate this section. Tax assessments. Section 36. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power and authority to provide by ordinance when the taxes of said town shall be returnable, when they are to be paid, when and how tax executions shall issue against defaulters and to fix a penalty for the nonpayment of taxes when due. Tax returns. Section 37. Be it further enacted by the authority aforesaid, That executions for taxes, licenses or demands of any kind due the town or its corporate authorities, by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk, of said town signed by him, bear the test in the name of the mayor, and be directed to the marshal of said town and his deputies or assistants, and to all and singular the sheriffs, deputy sheriffs and constables of this State, commanding them that of any property belonging to the defendant against whom said execution is issued or of certain property described in the execution, they make by levy and sale, the amount due on the execution, with all costs. The mayor and aldermen shall by ordinance provide for the time and place of sale, the method of conducting the same, and all necessary or needful regulations for governing marshals' sales under tax executions issued for by or in behalf of said town. The sheriffs, deputy sheriffs and constables of this State shall proceed in the same manner to levy and collect executions issued by the said Town of Taylorsville as they levy and collect executions issued from their respective courts of which they are executing officers. Executions. Levy and sale. Section 38. Be it further enacted by the authority aforesaid, That the said mayor and aldermen of the Town of Taylorsville may issue its bonds, either for the payment of its debts or for any permanent and necessary public improvement,

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such as paving streets, erecting public buildings, and establishing a system of water works, sewerage, and electric lights and power. The said mayor and aldermen shall have the power and authority to do any and all things which may be necessary for the purpose set out in this section including the right to contract with any person or persons for the same, but such bonds shall be issued only in accordance with and under the provisions of the laws of Georgia. Bond issues. Section 39. Be it further enacted by the authority aforesaid, That the mayor of said town shall have the authority 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. Pardons. Suspensions. Section 40. Be it further enacted by the authority aforesaid, That any person convicted of any offense in the said mayor's court shall have the right to certiorari from the decision of said mayor's court to the Superior Court of Bartow County. Certiorari. Section 41. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the power and authority to pass all such ordinances and regulations for the government of said town, for the suppression of disorderly conduct, the maintenance of public peace, the protection of public health, for the good order and general welfare of said town and its inhabitants, and all other matters which are not in conflict with the Constitution and laws of this State or of the United States, as they may see proper to do and prescribe and to enforce penalty for violation of the same. Welfare powers. Section 42. Be it further enacted by the authority aforesaid, That the mayor and aldermen of said town shall have the right to elect or appoint such other municipal officers

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besides those herein specified as may to them seem necessary, by ordinance, and in the same manner prescribe their duties and fix their compensation. Municipal officers. Section 43. Be it further enacted by the authority aforesaid, That if any section or portion of this Act shall be declared unconstitutional or invalid for any reason, the remaining portion or sections shall not be affected. Constitutionality. Section 44. Be it further enacted by the authority aforesaid, That the Act passed heretofore by the General Assembly of Georgia incorporating said Town of Taylorsville and approved August 19, 1916, be and the same is hereby repealed. Act of 1916 repealed. Section 45. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved February 8, 1937. THOMASTON TERRITORIAL LIMITS. No. 173. An Act to amend an Act of the General Assembly of Georgia approved March 15, 1933 (Georgia Laws 1933, pages 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city, etc., by striking out Section 4 of said Act approved March 15, 1933, defining the corporate limits of said city and by inserting in lieu thereof a new section, to be numbered Section 4, defining new corporate limits of said City of Thomaston, whereby certain areas not now in said city are added, and certain areas now in said city are excluded; 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 the Act of the General Assembly of Georgia approved March 15, 1933 (Georgia Laws 1933, pages 1070 et seq.), entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city, etc; be and the same is hereby amended by striking out Section 4 of said Act defining the corporate limits of said city, and inserting in lieu thereof a new section defining new corporate limits of said city, to be numbered Section 4, as follows: Act of 1933 repealed. Section 4. That the corporate limits of the City of Thomaston, Georgia, shall extend three-fourths of one mile in every direction from the center of the Upson County courthouse as it is at present located in said city, except that on the north and northeast side the corporate limits shall leave the circle formed by said three-quarter mile radius and run as follows: Beginning at a point on the east side of the public road running north from Thomaston between the lands formerly owned by James R. Atwater and the lands formerly owned by Mrs. Martha F. Weaver where the circle formed by said three-quarter mile radius intersects the east side of said public road, and running thence northerly along the east side of said public road 1253.9 feet to a concrete marker set on the east side of said public road; thence easterly along the south line of the Martha Mills property 1834.9 feet to the east side of County Road (also known as Payne's Mill Road); thence southerly along the east side of said County Road and the east side of North Bethel Street 1675.89 feet to the north side of Cedar Row; thence easterly along the north side of Cedar Row 1160.5 feet to a concrete marker set opposite the east side of Washington Street; thence south 1436.4 feet along the east side of Washington Street to a concrete

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marker set at the southwest corner of the property owned by the Thomaston Cotton Mills; thence north 89 degrees 30 minutes east 75.0 feet to a concrete marker set in a branch; thence south 54 degrees 30 minutes east 243.0 feet to an iron marker set on the west or northwest side of the right-of-way of the old Macon Birmingham Railway Company; thence northeasterly along the west or northwest side of the right-of-way of said railway company 941 feet to a concrete marker set on the west or northwest side of said right-of-way; thence southeasterly across said railway company right-of-way and along the south side of an alley between houses known as Nos. 127 and 129 Barnesville Street 332.3 feet to a concrete marker set on the northwest side of Barnesville Street; thence southwesterly along the northwest side of Barnesville Street 28.8 feet to a concrete marker set opposite the southwest side of Avenue J; thence southeasterly across Barnesville Street and then along the southwest side of Avenue J, 557.4 feet to the northwest side of Third Street; thence southwesterly along the northwest side of Third Street 486 feet to a concrete marker set on the southwest side of Avenue L; thence southeasterly along the southwest side of Avenue L, 671 feet to a concrete marker set opposite the dividing line between the lands of the Thomaston Cotton Mills and the lands of C. G. Whitten fronting on northeast side of said Avenue L; and thence north 71 degrees 30 minutes east across Avenue L and along the dividing line between said lands of Thomaston Cotton Mills and land of said Whitten 143.6 feet to the point where the aforementioned circle formed by said three-quarter mile radius intersects said property dividing line. That except between the beginning and ending points above given, the corporate limits of said City of Thomaston shall be the circle formed by said three-quarter mile radius from the center of said Upson County courthouse as now located in said city. Territorial limits defined.

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Section 2. Be it further ordained that this Act shall become effective immediately upon passage hereof. Section 3. That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved March 15, 1937. THOMASVILLE CHARTER AMENDMENTSREFERENDUM. No. 301. An Act to amend the Charter of the City of Thomasville, approved October 8, 1889, as amended by the several subsequent Acts; to provide for a form of government in said city composed of three commissioners and a city manager, in lieu of the present form of government by mayor and aldermen, and to declare the rights and powers of said government; to abolish the office of mayor and aldermen as constituted under the present charter, and certain other officers in said city, as provided and constituted under said present charter; to amend or repeal such sections of the charter, and to abolish all such offices, as may be deemed necessary to carry into effect the said commissioner-city manager form of government; to provide the method of election of said commissioners and the city manager, and other officers and employees of said City of Thomasville, and to provide for the appointment and removal from office of any and all officers and employees of the City of Thomasville by said city commissioners or city manager, in lieu of the election of said officers and employees, by popular vote; to provide a permanent registration list for the qualified voters of said City of Thomasville, and the qualifications of such voters; to provide the qualifications of the city manager and city commissioners, and other officers and

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employees of said city; to make any and all other amendments or provisions necessary and proper to the creation of a new form of government for said City of Thomasville and for the conduct thereof; to provide when and upon what conditions this Act shall become operative, and to provide for an election by the qualified voters of the City of Thomasville for the adoption or rejection of the provisions of said Act, and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act approved the third day of October, 1889, and the several Acts incorporating the City of Thomasville, in Thomas County, Georgia, creating a municipal government of said city, and the several Acts amending the same, be and the same are hereby amended in the following particulars: All provisions of said charter creating a mayor and council, or board of aldermen, and committees of council in said Act approved the third day of October, 1889, and any Acts amendatory thereto, or previously passed, that were not repealed by said Act are hereby expressly amended so that, and in that, the office of mayor in the City of Thomasville and the office of alderman in the City of Thomasville are hereby expressly abolished on and after the Monday after the third Tuesday in January, 1938. Acts amended. Offices to be abolished. Section 2. Be it further enacted, that in lieu of the mayor and aldermen of said City of Thomasville there is hereby created and established a commission of three citizens, who shall be known as the board of commissioners for the City of Thomasville. Said board of commissioners for the City of Thomasville are hereby given all rights, powers and authority heretofore vested in the mayor and aldermen of the City of Thomasville, or the board of aldermen of the City of Thomasville, or any committee of the board of aldermen of the City of Thomasville, except as otherwise provided herein, and except as such rights

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and powers are hereby otherwise expressly delegated to the city manager hereinafter created and established. Board of Commissioners created. Section 3. Be it further enacted, that the said commissioners shall be elected by the qualified voters of said city, and shall be citizens of said city who shall have the same qualifications as are prescribed by the present charter of said city, and its several amendments for the office of mayor and aldermen. Election. Section 4. Be it further enacted, that at the first election for said commissioners, hereinafter provided for, said three commissioners shall be elected for a term to begin on Monday after the third Tuesday in January, 1938; that one of said commissioners shall be elected to serve for a period of one year, and until his successor is elected and qualified; that a second commissioner shall be elected to serve for a period of two years, and until his successor is elected and qualified, and that a third commissioner shall be elected to serve for a period of three years, and until his successor shall be elected and qualified; and Provided, further, that each candidate for the office of commissioner shall with his qualification and notice of candidacy state the term for which he is a candidate; and Provided, further, that at each annual municipal-election, which shall be held on the third Tuesday in January, 1939, and annually thereafter, there shall be a commissioner elected to succeed the commissioner whose term will expire on Monday following said election, to serve for a period of three years from said date, and until his successor is elected and qualified. Terms of office. Section 5. The election of the first commissioners shall be held under the supervision and control of the mayor and aldermen of said city, subject to the laws of force for holding elections for mayor and aldermen of said city, except that a special election for said purpose shall be held by said mayor and aldermen on the third Tuesday in January, 1938, and the returns from said election shall be made to said

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mayor and aldermen, who shall declare the result thereof. In case there is a tie vote between the candidates, a new election shall be called by said mayor and aldermen in not less than ten days or more than fifteen days from the election, which election shall be held only for the purpose of determining between the candidates receiving the same number of votes, and elections shall be so called and held as often as may be necessary until the candidate, or candidates, may be elected. Election regulations. Section 6. Be it further enacted, that before assuming the duties of their office the said commissioners shall take and subscribe the following oath: I swear (or affirm) that I will faithfully and impartially demean myself and perform my duties as a member of the board of commissioners for the City of Thomasville during my continuance in office, and in all things pertaining to my office. So help me God. Oath of office. Section 7. Be it further enacted, that the said commissioners at their first meeting in each year shall elect one of their members as chairman of said board of commissioners, and one of their members as vice-chairman of said board of commissioners, and said chairman shall have and exercise all the powers, and shall have imposed upon him all of the duties now exercised and imposed upon the mayor of said city, except as herein otherwise expressly provided; and Provided, further, that said vice-chairman shall exercise all of the powers and shall have imposed upon him all of the duties now exercised by and imposed upon the mayor pro tem. of said city. Said chairman, or vice-chairman shall have a vote on all questions before said commission, but shall have no veto power. Two members of said commission shall constitute a quorum and may exercise any power delegated to the commission. Chairman and vice-chairman. Section 8. Be it further enacted, that each of said commissioners shall receive a salary of one hundred ($100.00)

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dollars per annum, payable semi-annually, out of the treasury of said city. Salaries. Section 9. Be it further enacted, that said board of commissioners shall within thirty days after their election and qualification, or as soon thereafter as is practical, select and appoint a city manager, which office in the City of Thomasville is hereby expressly created, which said manager shall be chosen without regard to residence or political affiliation, and shall be the administrative head of the municipal government. His salary shall be fixed by said board of commissioners. He shall hold office at the pleasure of said board of commissioners, and shall be subject to removal at any time without notice or statement or proof of cause. He shall be selected with due regard to his experience and fitness for handling the municipal business in an efficient and economical way, and he shall be directly responsible to said board of commissioners for the efficient and economical conduct of all city departments, except the city water and light department. During his absence or disability, the board of commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be as follows: City manager. (a) To see that all laws and ordinances of said city are enforced. Duties and powers of manager. (b) To exercise control over all of the departments and divisions of the City of Thomasville, now created or that may hereafter be created, except as herein otherwise provided. (c) To attend all meetings of the board, with the right to take part in the discussions, but he shall have no right to vote on propositions under consideration. (d) To recommend to the board of commissioners for adoption such matters as he may deem necessary and expedient.

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He shall prepare and submit to said board, at such times as they may request, or at least yearly without any request, an annual budget, setting out the probable needed expenditures in all departments of the city for the ensuing year, which report shall show, as nearly as can be arrived at, the probable revenue of the city from said sources. (e) To keep the board advised as to the financial condition and needs of the city. (f) To supervise and direct the conduct of all officers and employees, except as otherwise provided herein. (g) To supervise the performance of all contracts made by any person for all work done for the city, and to make all purchases of materials and supplies used by the city under competitive bids, and under such rules and regulations as said board may adopt. (h) To appoint, discharge and fix the salaries of employees in all departments, except the water and light department, and except as otherwise herein provided in this Act; Provided, that all such terms of employment shall be made only at the pleasure of the city manager. All such appointments shall be made upon merit and fitness for the performance of the duties required. (i) To perform such other additional duties, not inconsistent with those named herein, as the said board of commissioners may by ordinance or resolution prescribe. Section 10. Be it further enacted, that said board of commissioners may require the said city manager to go before them at any time and answer questions, either orally or in writing, and may require of said city manager, at any time they see fit, any reports on any matter involving the city that they deem proper, and said city manager shall report monthly to said board of commissioners his general

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actions and doings, and shall at regular stated intervals, at least quarterly, file with said board of commissioners full and complete reports of the various departments of the city. Reports. Section 11. Be it further enacted, that the city manager shall devote his entire time to his office, except that he may also serve said city as superintendent of its water and light department, and the members of said board of commissioners shall devote as much of their time as may be necessary. The said commissioners shall meet at least once a month at stated intervals, and shall hold their meetings in public, except when they deem an executive session expedient; and said board shall keep reports of their meetings, and shall record all their actions, the city clerk is hereby named as the official secretary of the board and charged with the duty of attending and keeping the minutes of all meetings of said board, which record and minutes shall be open to the inspection of the general public in the office of said city clerk in the city hall at all reasonable hours. All votes shall be taken by aye and nay, and shall appear in the minutes. The board shall be required to meet in special session as often as any two commissioners or the chairman or the city manager may request. Special meetings of the board shall be called by the necessary commissioners, or the chairman, or the city manager, filing a written request for the same with the city clerk, stating the time for said meeting. Upon such notice being filed with the city clerk it shall thereupon be the duty of said clerk to serve notice upon every member of the board, and city manager, whose names are not attached to the request for such meeting to be called, said notice to be served in writing, orally, or by telephone, upon such members of the board who are to be found within the city limits of Thomasville; and upon the clerk's failure to locate any member of the board in person, a written notice of such meetings shall be left at his place of business or residence. The same rule

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or service shall apply to the city manager or anyone else with whom the board has special business to transact. Board and manager. Duties, meetings, powers, etc. City clerk. Section 12. Be it enacted, that in case of the vacancy in the office of any commissioner the remaining commissioners shall elect a commissioner to fill such vacancy, to hold office until the first of February next succeeding a general election for city officers, at which general election the commissioner shall be elected for the unexpired term, if any. Vacancy in office. Section 13. Be it further enacted, that no commissioner shall, before going into office, promise any person to appoint him to office, or agency or employment under the city. For the violation of this provision the commissioner shall be liable to be punished, upon conviction, as for a misdemeanor, the punishment to be as defined by the Criminal Code of 1910, Section 1065; and in addition the tenure of office of such commissioner shall be forfeited. Promises barred. Section 14. Be it further enacted, that the corporate entity, corporate name and corporate limits of the City of Thomasville are hereby in all respects fully preserved as defined in the original Act approved October 3, 1889, together with all amendatory Acts thereof, except as herein expressly provided; and all Acts not inconsistent with this Act are hereby declared continued in force. Provided, further, that all property rights of said city, and all its contractual rights and obligations are hereby expressly declared continued in full force and effect; and that all of its corporate acts through ordinance or resolution heretofore done or undertaken are hereby ratified and confirmed; and that all of its forms heretofore prescribed for its official acts through ordinances or resolutions are hereby preserved, except that additional ordinances, resolutions or amendments, shall upon the effective date of this Act be thereafter passed by said board of commissioners of said City of Thomasville, who are hereby expressly empowered to pass

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all ordinances and resolutions necessary for the proper government of said city and the conduct of its affairs. Laws of force. Section 15. It is further enacted, that the office in the City of Thomasville of superintendent of water and light department is hereby expressly preserved, and that the duties and powers of said officer, as prescribed by the charter of the City of Thomasville, and by the ordinances and resolutions heretofore passed by the duly constituted authorities of the City of Thomasville, are hereby expressly preserved. Water and light department. Section 16. Be it further enacted, that said board of commissioners of said City of Thomasville may, if they shall deem the same expedient, elect the same person to both the offices of city manager and superintendent of water and light department, and that the same person may serve in the capacity of both offices for said city. Superintendent. Section 17. Be it further enacted, that that certain amendment to the charter of the City of Thomasville, contained in the Acts of the General Assembly of Georgia for the year 1933, page 1109, et seq., creating a reserve fund for the water and light department for the City of Thomasville, and creating a water and light commission, and successors in office, and for other purposes be and the same is hereby expressly preserved, except that the board of commissioners herein provided for, and their successors in office, shall constitute said City of Thomasville Water and Light Commission in lieu of the members of the water and light committee of the council, and their successors in office. Act of 1933 of force. Section 18. Be it further enacted, that the board of education of the City of Thomasville and terms of office of its various members, its jurisdictions, powers and duties, are hereby expressly preserved, and that qualifications of said board and their method of election shall in nowise be affected by the passage of this Act. Board of education.

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Section 19. Be it further enacted, that the office of chief of police of the City of Thomasville and marshal of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officers under the charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present chief of police and marshal shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the present chief of police and marshal shall, upon the expiration of the term of the present incumbent, filled by appointment by the city manager, as hereinbefore provided. Police officers. Section 20. Be it further enacted, that the office of city clerk of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officers under the charter, ordinances and resolutions of the city of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present city clerk shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the present city clerk, shall upon the expiration of the term of the present incumbent, be filled by appointment by the city manager, as herein before provided. City clerk. Section 21. Be it further enacted, that the office of city treasurer of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the charter, ordinances and resolutions of the City of Thomasville shall continue to be fulfilled and exercised by said officer, and that the present city treasurer shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the city treasurer, shall upon the expiration of the term of the present incumbent, filled by appointment by the city manager, as hereinbefore provided. Treasurer.

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Section 22. Be it enacted, however, that the city manager may, should he deem the same expedient and in the interest of economy, upon the expiration of the terms of office of the present incumbents for city treasurer and city clerk appoint one and the same person to both offices, and such person is hereby expressly authorized to serve in both official capacities for said city. Appointment. Section 23. Be it further enacted, that the office of city sexton of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the charter, ordinances and resolutions of the City of Thomasville, shall continue to be fulfilled and exercised by said officer, and that the present city sexton shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the city sexton shall, upon the expiration of the term of the present incumbent, be filled by appointment by the city manager, as hereinbefore provided. City sexton. Section 24. Be it further enacted, that the office of city attorney of the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the charter, ordinances and resolutions of the City of Thomasville, shall continue to be fulfilled and exercised by said officer, and that the present city attorney shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified, but that the office of the city attorney shall, upon the expiration of the term of the present incumbent, be filled by appointment by the city manager, as hereinbefore provided. Attorney. Section 25. The city manager shall be purchasing agent for the city, by whom all purchases of supplies and all contracts for printing shall be made, and he shall sign all vouchers for the payment of same under such rules and regulations as the board of commissioners may by ordinance prescribe. In the capacity of purchasing agent for

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the city he shall conduct all sales of personal property of the city which the board may authorize to be sold and which may have become unnecessary or unfit for the city's use. The board of commissioners shall by resolution or ordinance prescribe rules and regulations for the purchase of supplies under competitive bids, and the city manager shall be governed thereby. Provided, that the board of commissioners may by resolution or ordinance prescribe who shall sign vouchers for the paying out of the city funds, and under what rules and regulations. Purchases for city. Section 26. Be it further enacted, that no member of the board of commissioners, the city manager, nor any official or employee of the city shall be directly or indirectly interested in any contract, job, service with or for the city, nor in the profits or emoluments thereof; and any contract on the part of the city which violates this section may be declared null and void by the said board of commissioners. No member of the board of commissioners, the city manager, nor other officer or employee of the city shall knowingly accept and gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from person, firm, or corporation seeking to sell or which may desire to sell supplies to said city, perform service for, or make a contract with said city. Contract interest barred. Section 27. The board of commissioners herein created shall have the power at any time to cause the affairs of any department to be investigated or the conduct of any official or employee of the city to be investigated, and for such purpose shall have full authority to summon witnesses, compel the production of books and papers or other documents, and for that purpose may issue subp[oelig]nas which shall be signed by the chairman or vice-chairman of the board of commissioners, and any person refusing to respect such subp[oelig]nas at the said investigation shall be guilty of contempt,

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and shall be punished the same as for contempt now prescribed in the police court of the city. Investigations. Section 28. Be it further enacted, that the present method of taxing property for taxation of said city, of making assessments for this purpose, levying and collecting the same, including all present means of revenue and licenses, shall continue in force until otherwise provided or changed by ordinance of the board under the provisions of this Act. Taxing powers. Section 29. Be it further enacted, that the office of recorder for the City of Thomasville is hereby expressly preserved, and that all the duties delegated to said officer under the charter, ordinances and resolutions of the City of Thomasville, shall continue to be fulfilled and exercised by said officer, and that the present recorder shall serve for the term of office for which he has been elected and until his successor shall be appointed and qualified; that the board of commissioners shall, upon the expiration of the term of office of the present incumbent, select a successor who shall exercise all powers and duties prescribed for said officer by the amendment to the charter of the City of Thomasville embodied in the Acts of the General Assembly of the State of Georgia of 1909, at pages 1463, et seq. Recorder. Section 30. Be it further enacted, that the board of commissioners may by resolution or ordinance provide that all moneys and funds coming into any department, or the hands of any official or employee, and belonging to the city, shall be turned into the said city treasury as often as may be practicable, for which the said city treasurer shall keep accurate record and issue valid receipt to the department or official making such deposits. Wherever practicable, such deposits shall be made with the city treasurer daily, and the city treasurer may be required by the board or the city manager at any time to prepare a financial statement of his affairs. City funds.

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Section 31. Be it further enacted, that it shall be lawful for the board of commissioners to require bond of any city official employee handling funds, or authorizing the payment of funds, in such amount as they may by resolution provide. It shall be lawful for the city to pay for the writing of such bond or bonds. The board of commissioners shall have the books of said city audited at least once a year by a certified public accountant. Bond of officer. Section 32. Be it further enacted, that the board of commissioners shall adopt the same parliamentary procedure as now used by the mayor and aldermen, with power to amend the same in any manner by ordinance. Procedure. Section 33. Be it further enacted, that whenever necessary to carry the terms of this Act into effect and harmonize the same with the present charter, the words board of commissioners for the City of Thomasville shall be read in the place of mayor and council or in the place of council, mayor and aldermen or board of aldermen, except where to do so would be to render void some particular provisions of this Act. Designations. Section 34. Be it further enacted, That that certain Act of the General Assembly of Georgia, approved August 11, 1927, and entitled: An Act to Amend the charter of the City of Thomasville, Georgia, to provide for the establishment of a park and tree commission, be and the same is hereby repealed. Act of 1927 repealed. Section 35. Be it further enacted, that the mayor and council of the City of Thomasville shall, within sixty days of the passage of this Act, provided, and provided only, that there shall have been presented to said mayor and council a petition therefor signed by more than twenty per cent. of the registered voters of the City of Thomasville, call an election for the adoption or rejection of this amendment, as provided in the Act of the General Assemblv

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of Georgia for 1925, pages 136, et seq., and amendatory Acts thereof, and as codified in the Code of the State of Georgia 1933, Sections 69-101 and 69-102. Election for adopting this Act. Section 36. Be it further enacted, that should said election result in favor of the adoption of this amendment said Act shall immediately become effective, but shall become operative only as herein provided, and that said mayor and council shall thereafter call an election for the election of three commissioners, as provided in Section 5 of this Act. Effective time. Section 37. Be it further enacted, by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed, Provided that all corporate powers heretofore granted said municipality shall remain of full force and effect, to be exercised in the manner and by the methods provided by this Act. Powers of force. Approved March 23, 1937. TIFTON CHARTER AMENDMENTS. No. 327. An Act to amend the charter of the City of Tifton, to repeal Sections 15, 16, 17, 18, 19, and 20, provided by Acts 1920; to provide for registration of voters, define qualified voters, provide for oath of voter, voters' book, registras and for qualified voters' list, and for closing voters' list; to provide for water extension beyond city limits; to provide for prohibition of undesirable occupation under license laws, and to provide for filling vacancies on board of education for said City of Tifton. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act, the Act approved August 14, 1920, providing a new charter for the City of Tifton, be and the same is hereby amended as follows: Act of 1920 amended.

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Section 2. Sections 15, 16, 17, 18, 19, and 20 of this Act granting new charter for City of Tifton approved August 14, 1920, be and the same are hereby repealed, and the following new sections enacted in their stead as follows: Section 15. Qualified Voter. Be it further enacted that any person who has resided in the City of Tifton for six months and is a qualified voter under Section 2-601 to 2-609, inclusive, of the Code of Georgia 1933, and who shall have registered his name in a registration book hereinafter provided for, who shall have complied with all requirements as to oath, registration, payment of poll taxes hereinafter provided for, shall be qualified voter in the City of Tifton. Voters qualified. Section 16. Be it further enacted that immediately after the passage of this Act the clerk of the said City of Tifton shall open a book to be designated as the Voters' Book for the City of Tifton containing on the first page thereof the following oath, to wit: I do swear or affirm that I am a citizen of the United States, that I am 21 years of age or will be on the..... day of....., this calendar year; that I have resided in this State for one year in the County of Tift within the corporate limits of the City of Tifton for six months immediately preceding the date of this oath or will so have resided on the..... day of..... of this calendar year. I have paid all poll taxes that I have had an opportunity of paying agreeably to law more than six months prior to the date of the next election to be held after I make this registration, excepting the poll taxes for the current year; that I possess the qualification of an elector required by the constitutional amendments adopted in 1932; that I am not disqualified from voting by reason of any offenses committed against the laws of this State. I further swear that I reside at No...... Street in

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the City of Tifton, my age is..... years, my occupation is..... Oath of voter. Section 17. Registration. Be it further enacted that the city clerk of Tifton shall always keep said registration book open for signatures at his office at any and all times when his office is open for the payment of taxes or other business. The electors who are thus qualified and have signed the voters' book shall not thereafter be required by the board of registrars hereinafter provided for, Provided that no person shall remain registered longer than he retains the qualifications under which he registered, no person shall be allowed to register until he has taken the required oath herein above provided for, nor unless he shall show bona fide evidence of having paid all poll taxes that he had had an opportunity of paying agreeably to law, not including poll tax or for the current year not then due. The clerk of the City of Tifton, or any clerk employed by him and authorized to recipt for taxes in the usual course of his employment, is required to take charge of said voters' book, and administer the oath. When the signature of any person is not clearly legible the clerk in charge of said voters' book shall at this time in clearly legible letters oppose or under said signature write out the same. Registration of voters. Clerk's authority. Section 18. Signatures and Entries. Be it further enacted that any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath or having same read to him, shall evidence the same signing his name in said voters' book underneath the written or printed oath above described; or on the same page following the page on which the oath is written or printed. A memorandum of the date of entry of the voter's name, his street number, or place of residence, his age, and occupation shall be made by the officer in charge of said book. When the applicant is not 21 years old at the date of taking the oath a similar

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entry or memorandum shall be likewise made, showing the date in that year when he will have reached the age of twenty-one and when the applicant has not resided in the State one year or in the city six months at the date of taking such oath a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the City of Tifton six months. Book entries. Section 19. Signatures by Mark Prima Facie Evidence. Be it further enacted that if applicant is unable to write his name from ignorance or infirmity he shall before being allowed to register, have the oath read to him by the clerk as hereinbefore provided and after taking said oath may register by making his mark which shall appear to have been witnessed by the clerk in charge of the voters' book thereon. Signatures as made in said voters' book shall be prima facie evidence that the person so signing his name swears or affirms the truths of every material fact contained in said oath, also as to date, age, residence, or occupation following such entry. Signatures. Section 20. Registrars. (a) Be it further enacted that the city commission shall appoint three discreet, upright, and intelligent citizens and electors of said city as registrars for said City of Tifton, whose appointment shall be for a term of two years from January 1st, of the year of their appointment or until their successors are appointed and qualified. The said city commission shall have the right, however, to remove said registrars at any time when there is just cause or to appoint a successor in case of death, resignation or removal, before the expiration of the term. Said registrars shall before entering upon his duty as such take the following oath before the clerk of said city, to wit: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me as registrar for the City of Tifton. Appointment of registrars. Removal. Oath.

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(b) The registrars shall in each year meet on the first day of September, or the Monday thereafter if September 1st falls on Sunday, and begin the work of perfecting a true and correct list of the qualified voters for the City of Tifton, and as taken from voters' book. It shall also be their duty to obtain a list of disqualified voters from the tax commissioner of said County of Tift in which said City of Tifton is located, showing all persons residents of said City of Tifton, who are disqualified by failure to have paid due or past due poll taxes, or from other legal causes and any expense attendant thereto to bind the said city from its general funds to pay a reasonable expense attending the actual preparation of such disqualified list, and shall proceed to make up a list to be known as Qualified Registered Voters List in alphabetical order of names. Duties of registrars. (c) The said registrars shall complete their list of qualified registered voters not later than October 1st, in each year, provided the city commission may grant by resolution an extension of time in event said registrars cannot complete list by that date. Upon completion of said list of voters same shall within five days file the List of Registered Qualified Voters so prepared with the clerk of said city, which list shall be the list of registered qualified voters for the annual election of officers for said City of Tifton for that calendar year, and for any election held in said city by the people until the preparation and filing of list of qualified registered voters for the succeeding year. No person shall vote or be allowed to vote at the annual election for city officers or any election held under the provisions of said city charter or laws of Georgia provided for municipal elections for said city, unless his, or her name, is upon the said registration list so filed by said registrars provided that no person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is

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held within six months from the expiration of the time fixed by law for the payment of said taxes. Lists of voters. (d) Provision for appeal from the decision of registrars shall be same as provided in the Constitution of Georgia as Sections 2-606 and 2-607 of the Code of Georgia 1933. Appeals. (e) Be it enacted further that since provision is made above for board of registrars, voters' list, notice of removal of names and purged list, completion and filing, that Sections 3 and 4 of the Acts of 1922 of the General Assembly of Georgia, appearing on pages 985 and 986 be, and the same are hereby specially repealed, and the above provisions for the registration of voters, qualified voters, voters' oath, registrars, etc., enacted therein as stated. Repeal of provision. Section 26. Be it enacted further that Section 26 of the charter of said City of Tifton, Act approved August 14, 1920, be and the same is hereby amended by striking the word and in the third line of said paragraph and adding between the words control and by the following words and phrases: And prohibit any occupations as undesirable. So that when amended said section shall read as follows: Be it further enacted that the commission of said city shall have full power and authority to license, regulate, control, and prohibit any occupations as undesirable, by ordinance all taverns, hotels, boarding houses, cafes, restaurants, saloons, for the sales of creams, ices, etc.; livery stables, feed stables, sale stables and lots, hacks, drays and other vehicles; auctioneers, vender masters, itinerant trades, theaters, and theatrical performances; dummy or street railroads, oil mills, ice works, laundries, waterworks, show, circuses, and exhibitions of all kinds; itinerant lightning rod dealers; emigrant agents, book agents, peddlers of clocks, peddlers of stoves, machines, or any articles of merchandise whatever; itinerant venders of any and all kinds of goods,

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wares, merchandise or other things; pool and bagatelle tables kept for public play; every keeper of shooting gallery, tenpin alley; upon the keeper of any table device, stand or place for the performance of any game or play whether played with sticks, balls, or rings or other contrivances; upon flying horses or other contrivances, bicycles, velocipedes or skating rinks; insurance agents; life, fire, accident, or other insurance companies; loan agents for any and all kinds of business; banks and bankers; brokers and commission merchants of all kinds, and dealers in futures; keepers of slaughter houses, beef markets; green grocers; dealers in fresh oysters, vegetables, fruits, breads, and other articles of goods; contractors and builders, and all mechanics, or artisans; barber shops, junk shops, pawnbrokers, and upon all and every other establishment, business calling, trade or avocation not heretofore mentioned, and which, under the Constitution and laws of Georgia, are subject to license or specific tax. License and regulation of occupations. Section 52. Be it enacted further that Section 52 of the charter of said City of Tifton, Act approved August 14, 1920, be amended by adding the following paragraph thereafter: (a) Provided the right is hereby granted to said city to extend such gas lines, electric light lines, or water mains beyond the city limits of said City of Tifton upon such terms and conditions as the commission of said city may impose legally upon the users thereof beyond the city limit lines, and are hereby given this right of eminent domain for such purposes. So that when amended said section shall read as follows: Be it further enacted, That said commission shall have power to provide for the erection and maintenance in said city of gas works, electric light works, and waterworks, and to that end may grant to individuals or corporations the use of the streets, alleys and commons of said city, under

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such regulations and restrictions as they may deem proper. They are hereby authorized to make contracts with individuals or corporations erecting gas, electric light and waterworks plants for the furnishing said city with lights and water, and may pay such amounts as purchase or rental as they may deem proper. They may make such regulations and pass such ordinances as they may deem necessary for the protection of the owners of such works and shall have exclusive jurisdiction over them. Whenever said commission shall contract for water and lights for the use of said city, they may by ordinance limit the rates to individual consumers. They may regulate the operation of light or waterworks and impose upon their owner such duties, obligations and liabilities as they may deem just and reasonable for the proper protection of the citizens of the city and municipal government. Provided the right is hereby granted to said city to extend such gas lines, electric light lines, or water mains beyond the city limits of said City of Tifton upon such terms and conditions as the commission of said city may impose legally upon the users thereof beyond the city limit lines, and are hereby given this right of eminent domain for such purposes. Gas, electricity, water. Section 58. Be it further enacted that Section 58 of the charter granted to the City of Tifton by Act approved August 14, 1920, by adding after the same the following: In event of vacancy in office of member of board of education from death, resignation, or otherwise, that the remaining members of said board of education shall select some fit and proper person to serve in his place and such person so selected shall serve only until the next regular election at which time in addition to the members whose terms will have expired an additional member of such board shall be elected to fill such unexpired term so that when amended said Section 58 shall read as follows: Board of education. At the first election after the adoption of this charter, and at the same time that the commissioners of said city

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are elected, there shall be elected five members of the board of education, which said five members shall be elected for a period of one, two, three, four and five years respectively, dating from the first day of January, 1921. They shall determine between themselves by lot as to which one shall hold the respective terms. And one member of the board of education shall be elected at each regular December election thereafter for a term of five years. In event of vacancy in office of member of board of education from death, resignation, or otherwise, that the remaining members of said board of education shall select some fit and proper person to serve in his place and such person so selected shall serve only until the next regular election at which time in addition to the members whose terms will have expired an additional member of such board shall be elected to fill such unexpired term. Section 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 24, 1937. TYBEE CHARTER AMENDMENTS. No. 461. An Act to revise, alter, and amend the several Acts incorporating the mayor and councilmen of the Town of Tybee now known under the Act of the General Assembly approved August 1, 1929, as Savannah Beach, Tybee Island; and for other purposes. Section 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 councilmen of the Town of Tybee, now Savannah Beach, Tybee Island, be, and they are hereby authorized, in their discretion, to close that part

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of the southern end of Chatham Avenue south of the present asphalt pavement and that part of Butler Avenue southward of the present asphalt pavement, as the said mayor and councilmen may seem proper. The mayor and councilmen, in their discretion, may reopen said portions of said streets permanently or from time to time as they may deem best. Act of 1929 amended. Closing of avenues. Provided no house or edifice shall be erected thereon for commercial purposes, or occupied or used for commercial purposes. Houses. And provided further that an adequate walkway shall be maintained for the use of residents of the municipal corporation, and their visitors giving ingress and egress at all reasonable times to the beach and ocean from Butler Avenue and Chatham Avenue of said town. Walkways. Section 2. Be it further enacted that no person shall be qualified for election as mayor or alderman of the said Town of Savannah Beach unless he has been a bona fide resident of said town for a period of at least one month during the year immediately preceding the election, nor after the present term shall any person elected to such office be qualified to hold such office who does not during his term of office, bona fide reside within the corporate limits of said town for a period of one month, during the first nine months of each calendar year of his service. Eligibility to office. Section 3. Be it further enacted that the provisions of Part 7, Chapter 34-33 of the Code of Georgia, relating to voting by mail shall be extended to the elections for the mayor and aldermen of the town of Savannah Beach, and that the clerk of council of said town, having charge of the voters' lists and registration of voters for such elections, shall perform as to such town elections the same duties required of the county registrars in said Code Chapter for State and county elections.

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Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 30, 1937. VALDOSTA EDUCATIONAL TAX ALLOCATION. No. 245. An Act to amend the charter of the City of Valdosta; 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 incorporating the City of Valdosta, approved November 21, 1901 (Georgia Laws 1901, pages 670, 680), as amended, be and the same is hereby amended by adding at the end of Section 25 of said Act the following provision, to wit: Provided that the mayor and council of the City of Valdosta are authorized to allocate and pay to the Board of Education of said city such portion of such license or occupational tax as they, in their discretion, may determine to be proper, and that such tax so allocated shall be used by said Board of Education solely and exclusively for the operation of the public schools of said city, so that, when said section is so amended, it will read as follows: Act of 1901 amended. Section 25. Be it further enacted, That the said mayor and council shall have full power and authority to require any person, firm, company or corporation engaged in, prosecuting or carrying on, or who may be engaged in prosecuting or carrying on any trade, business, calling, vocation, or profession within the corporate limits of said city, to register their names and business, calling, vocation or profession annually, and to require such person, firm, company or corporation to pay for such registration and for license to engage

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in, prosecute or carry on such business, calling, vocation, or profession; Provided that the mayor and council of the City of Valdosta are authorized to allocate and pay to the Board of Education of said city such portion of such license, or occupational, tax as they, in their discretion, may determine to be proper, and that such tax so allocated shall be used by said Board of Education solely and exclusively for the operation of the public schools of said city. Tax allocation. Section 2. Be it further enacted, That all laws, or parts of laws, in conflict with this Act be and the same are hereby repealed. Approved March 23, 1937. VALDOSTA TAX APPRAISERS. No. 97. An Act to amend the charter of the City of Valdosta and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same, That from and after the passage of this Act, an Act incorporating the City of Valdosta, approved November 21, 1901 (Georgia Laws 1901, pages 670-680), as amended, be and the same is hereby amended by striking out Section 31 of said Act, as amended, and by placing in lieu thereof another section to be likewise known as Section 31 as follows: Act of 1901 amended. Section 31. Be it further enacted, That the mayor and council shall, at their regular meeting in December each year, elect three adult persons, freeholders and residents in said city, to be tax appraisers for the year next following, provided failure to elect such appraisers at such time shall not invalidate their official acts. Said appraisers shall hold their office for one year and until their successors are elected,

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unless sooner removed by the mayor and council with or without cause. All vacancies occurring in said offices by death, resignation, removal or otherwise, shall be filled by the mayor and council. Said appraisers shall, before entering upon the discharge of their duties, take and subscribe an oath to faithfully perform the duties of their office, and they shall be paid for their services such compensation as the mayor and council may fix. Tax appraisers. Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937. VALDOSTA TERRITORYAIRPORT No. 96. An Act to amend the charter of the City of Valdosta 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 incorporating the City of Valdosta, approved November 21, 1901 (Georgia Laws 1901, pages 670-680), as amended, be and the same is hereby amended by striking from lines eight and nine of Section 1 of said Act the following words: From lot of land number fifteen (15) in the original town of Valdosta, and placing in lieu thereof the following words: From the center of lot of land number fifteen (15) in the original town of Valdosta. Act of 1901 amended. Section 2. Be it further enacted that, from and after the passage of this Act, an Act entitled: An Act to amend an Act incorporating the City of Valdosta, Georgia, approved November 21, 1901, Acts 1901, page No. 670 and Acts amendatory thereof, and to extend the limits of the City of Valdosta as defined in said Act, so that the

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limits of said city, in addition to the boundary described in said Act, shall include certain territory on the north, east and west of the limits of said city as prescribed by said Act, said extension to be embraced within the boundary defined by this Act, and for other purposes, (Georgia Laws 1912, pages 1488-1490), be amended by striking from lines fourteen and fifteen of Section 1 of the last named Act the following words: From Court House Square, and by placing in lieu thereof the following words; From the center of lot of land Number fifteen (15) in the original town of Valdosta (known as the Court House Square). Territory defined. Section 3. Be it further enacted, That an Act entitled: An Act to amend an Act incorporating the City of Valdosta, Georgia, approved November 21, 1901, Acts 1901, pages 670 to 688, both inclusive, and Acts amendatory thereof, so as to extend the limits of said City of Valdosta as defined in said Act, as amended, so that the limits of said city in addition to the territory in said Act, as amended, shall include certain territory lying immediately north of the present limits of said city, and to amend Section forty-eight (48) of said Act, so as to allow claims and illegalities to be filed when real estate or personalty is levied on under an execution issued by the clerk of said city, and to amend said Act so as to provide for notice to be given to the taxpayer, together with an opportunity for a hearing before his property unreturned for taxation is assessed for taxation by the appraisers of the said city, and to amend Section sixty-two (62) of said Act so as to allow the defendant in execution, issued under that section of said Act, to file an affidavit of illegality denying the whole or any part of the amount for which such execution is issued, and to further amend said Act so as to give the mayor and council of said city full power and authority to regulate the use of the streets, alleys, sidewalks and public squares of said city for business purposes, and so as to give the mayor and council of said city full power and authority to remove or cause to

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be removed any building, structure, steps, fence, gasoline or oil filling stations, gas pump, oil pump, or other obstructions or encroachments, or nuisances, in or over the streets, alleys, sidewalks or public squares of said city, and for other purposes, (Georgia Laws 1924, pages 769-775) be amended in such way that the corporate limits of the City of Valdosta, as referred to in Section 6 of the last named Act, shall be such corporate limits as is determined by the provisions of Sections 1 and 2 of this Act when construed in connection with the original Act incorporating the City of Valdosta, referred to in Section 1 of this Act. Section 4. Be it further enacted, That said Act incorporating the City of Valdosta, as amended by the Acts of 1912 and 1924, hereinbefore referred to, as well as by other Acts, be and the same is hereby further amended so as to extend the corporate limits of the City of Valdosta so that in addition to the boundaries defined in said Act, as amended, said boundaries be extended so as to include on the southern corporate limits the following described additional territory, to wit: Beginning at a point on the east side of South Troupe Street where the present city limits line intersects with the east side of said street and running thence south 23 degrees, 20 minutes east a distance of 570 feet to the southeast corner of South Troupe Street and Winn Street; thence north 89 degrees west 1,030 feet along the south side of Winn Street to the intersection of the south side of Winn Street with the present city limits. Section 5. Be it further enacted, That said city shall have authority to rent, lease, own, and/or operate an airport, irrespective of whether it is situated within or outside of the corporate limits of said city. Section 6. Be it further enacted, That all laws, or parts of laws, in conflict with this Act be and the same are hereby repealed. Approved March 4, 1937.

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WARRENTON CANDIDATES FOR ELECTION. No. 39. An Act to amend an Act entitled An Act to incorporate the Town of Warrenton, in Warren County, and to provide for the election of commissioners for the same, and and to amend the charter of the City of Atlanta, and for other purposes therein mentioned, approved December the 12th, 1859, and various Acts amendatory thereof, so as to provide for qualification of candidates for mayor and commissioners of the City of Warrenton. Section 1. 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 incorporating the Town of Warrenton, in Warren County, and providing for the election of commissioners for the same and for other purposes therein mentioned, approved December the 12th, 1859, and the various Acts amendatory thereof be so amended by adding a new section at the end of Section 16, to be known as Section 16 (a) and to read as follows: Acts of 1859, etc., amended. Section 16 (a). All candidates for mayor and all candidates for commissioners shall be required to register his or her name with the clerk of the City of Warrenton at least ten days before the election for said mayor and for said commissioners, and said candidates shall be required to indicate whether he or she desires to run for mayor or for commissioner. Should any person fail to register his or her name with said clerk ten days before the election he or she desires to enter, such candidate shall not be eligible to run in said election or to hold the office of mayor or commissioner and the said City of Warrenton shall be prohibited from placing said person's name upon the ballots. All laws and parts of laws in conflict with this section, and any part of the present charter of the City of Warrenton in

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conflict with this section are hereby repealed in so far as said conflict is concerned. Candidates for office. Approved February 12, 1937. WARRENTON MARSHAL'S ELECTION. No. 38. An Act to amend an Act entitled An Act to amend the charter of Warrenton, Georgia, to wit: the Act incorporating the Town of Warrenton, Georgia, approved December 12, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office, approved August 16, 1915; so as to provide for qualification of candidates for marshal of the City of Warrenton. Section 1. 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 entitled An Act to amend the charter of the City of Warrenton, Georgia, to wit: the Act incorporating the town of Warrenton, Georgia, approved December 12, 1859, and the various Acts amendatory thereof, and especially Section 5 of said Act of 1859, so as to provide for the election of a marshal for the City of Warrenton, by popular vote, to prescribe his duties and fix his term of office, and to prescribe how and for what causes he may be removed from office, approved August 16, 1915; be amended by adding a new section at the end of Section 7 to be known as Section 7 (a) and to read as follows: Act of 1915 amended. Section 7 (a). All candidates for marshal of the City of Warrenton shall be required to register his name with the

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clerk of the City of Warrenton at least ten days before the election for said marshal. Should any person fail to register his name with said clerk ten days before said election, such person shall not be eligible to run in said election or to hold the office of marshal of the City of Warrenton, and the said City of Warrenton shall be prohibited from placing of said person's name upon the ballot. All laws and parts of laws in conflict with this section, and any part of the present charter of the City of Warrenton in conflict with this section are hereby repealed in so far as said conflict is concerned. Candidates for marshal. Approved February 12, 1937. WAYCROSS COMMISSIONERSREFERENDUM. No. 431. An Act to amend an Act entitled an Act to amend the charter of the City of Waycross, approved August 16, 1922 and appearing in the Georgia Laws of 1922, pages 1087-1110, by providing that the terms of M. M. Monroe and Everett Beaton as city commissioners shall expire January 1, 1938; providing that two commissioners shall be elected at a special election for terms beginning January 1, 1938 for four years; providing for a special election for said purposes; providing for election of successors and lengths of terms of office; providing for the ratification or rejection of this Act by a referendum election; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act to amend the charter of the City of Waycross appearing on pages 1087-1110 of Georgia Laws of 1922 be and the same is hereby amended by providing that the present terms of M. M. Monroe and Everett Beaton as city commissioners of the City of Waycross

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be and the same are hereby declared to end on January 1, 1938. Act of 1922 amended. Section 2. The Act to amend the charter of the City of Waycross appearing on pages 1087-1110 of the Georgia Laws of 1922 be and the same is hereby amended by providing that successors as city commissioners to M. M. Monroe and Everett Beaton be elected at a special election to be held November 15, 1937, for terms of four years beginning January 1, 1938. Thereafter their successors shall be elected for four-year terms of office. Election of commissioners. Terms. Section 3. The said special election shall be advertised in the official gazette of the City of Waycross for two weeks before the date for holding the same and the rules, laws and regulations appertaining to the regular city elections of the City of Waycross shall apply. Advertisement. Section 4. This Act shall go into effect and become operative only to the extent that it may be, and only when, it is approved by a majority of the qualified voters of the City of Waycross. In the event a majority of the qualified voters voting at the special election to be held June 8, 1937, cast their ballots in favor of this Act, then and in that event the terms of this Act shall be effective. In the event a majority of the qualified voters in the City of Waycross voting at said election cast their ballots against the ratification of this Act, then and in that event this Act shall not be effective and shall be void. Submission to popular vote. Section 5. The said special election for the ratification or rejection of this Act shall be held in the City of Waycross on June 8, 1937, in conformity with the usual laws, rules and regulations appertaining to such elections, and shall be in charge of those city officials and managers as usually and customarily hold elections in the City of Waycross. Date of special election.

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Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 30, 1937. WAYNESBORO ELECTIONSVOTERS. No. 284. An Act to amend an Act approved December 15, 1893, entitled An Act to amend and renew the various Acts incorporating the Town of Waynesboro which make same a city and all Acts amendatory thereof, so as to provide a different time for the election of mayor and aldermen of the City of Waynesboro and to fix the term of the mayor and aldermen and to provide for the management of municipal elections, qualification and registration of voters in municipal elections, and for other purposes. Section 1. Be it enacted, That Section 3 of the Acts of 1893, approved December 15, 1893, entitled An Act to amend and renew various Acts incorporating the town of Waynesboro and which make the same a city and all Acts amendatory thereof, be and the same is hereby amended by striking from the second line of said Section 3 the words: Act of 1893 amended. On Wednesday preceding the third Monday in January annually and substitutisg therefor the words: On Wednesday after the first Monday in December of each year beginning in 1937 and said section be also amended by adding at the close of said section an additional paragraph as follows: Section 3 (A). Be it further enacted, however, That the term of mayor and aldermen elected in 1937 shall begin at the expiration of the terms of the officials they succeed and continue until the first Monday in January, 1940 or until their successors are duly elected and qualified; and

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the term of the aldermen elected in 1938 shall begin at the expiration of the term of the aldermen they succeed and continue until the first Monday in January, 1941 or until their successors are duly elected and qualified. The mayor and aldermen elected at the annual election in 1939 and subsequent years shall serve for a period of two years beginning the first Monday in January subsequent to the election and continuing until the first Monday in January two years hence or until their successors are duly elected and qualified. Provided further that in the event the present mayor and aldermen whose terms now expire on Wednesday preceding the third Monday in January, 1938 and 1939, or either of them, should voluntarily consent to the shortening of their term and have said fact regularly entered on the minutes of council, then the term of the mayor and aldermen elected in 1937 and 1938 shall regularly begin on the first Monday in January succeeding the date of the election. Election and terms of office. So that said Section 3 as amended will read as follows: Section 3. Be it further enacted, That an election shall be held in City of Waynesboro on Wednesday after the first Monday in December of each year beginning in 1937. In January, 1894, a mayor and six aldermen shall be elected, the mayor and three aldermen for two years and the other three aldermen for one year; in January, 1895, and every two years thereafter three aldermen shall be elected, and in 1896 and every two years thereafter a mayor and three aldermen shall be elected. The aldermen elected at the first election for one year shall serve for one year, or until their successors are duly elected and qualified, and the mayor and other aldermen shall serve for two years, or until their successors are duly elected and qualified. At the first meeting of the mayor and council, or as soon thereafter as practicable one of said aldermen shall be chosen mayor pro tem. Mayor and aldermen.

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Section 3 (A). Be it further enacted, That the term of mayor and aldermen elected in 1937 shall begin at the expiration of the terms of the official they succeed and continue until the first Monday in January, 1940 or until their successors are duly elected and qualified; and the term of the aldermen elected in 1938 shall begin at the expiration of the term of the aldermen they succeed and continue until the first Monday in January, 1941 or until their successors are duly elected and qualified. The mayor and aldermen elected at the election in 1939 and subsequent years shall serve for a period of two years beginning the first Monday in January subsequent to the election and continue until the first Monday in January two years hence or until their successors are duly elected and qualified. Provided further that in the event the present mayor and aldermen whose terms now expire on Wednesday preceding the third Monday in January, 1938 and 1939 or either of them voluntarily consent to the shortening of their term and have said fact regularly entered on the minutes of council, then the term of the mayor and aldermen elected in 1937 and 1938, shall regularly begin on the first Monday in January succeeding the date of the election. Terms of office. Section 2. Be it further enacted, That Section 10 of said Act approved December 15, 1893 granting a new charter to the City of Waynesboro and all Acts amendatory thereof be amended by striking said Section 10 in its entirety and substituting therefor the following: Section 10. Be it further enacted, That the clerk of the City of Waynesboro or such other person as may be designated by the mayor and council shall permit qualified persons to register as voters in said city by registering at any time during the year provided said person possesses the qualifications for voters previously prescribed. Said voter shall sign his or her name on a permanent registration of voters' book and take the oath required of voters. Provided however, That no person shall be permitted to vote

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in any municipal election in the City of Waynesboro who has not been duly registered on the permanent registration of voters' book at least fifteen days prior to such election. Registration of voters. Section 3. Be it further enacted, That Section 12 of said Act granting a new charter to City of Waynesboro approved December 15, 1893 and all Acts amendatory thereto be amended by adding at the close of said section an additional paragraph as follows: Section 12 (A). Be it further enacted, That the clerk of the City of Waynesboro or registrar shall from said permanent registration of voters' book make up an alphabetical list of registered and qualified voters for each election two weeks prior to each city election, including therein only the names of such persons as were properly registered on the permanent registration of voters' book fifteen days or more prior to the date of said election; and that prior to the election said list of names of registered voters be purged and published before the courthouse door of Burke County in the manner now prescribed. Lists of voters. Section 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be and same are hereby repealed. Approved March 23, 1937. WAYNESBORO WATER, ELECTRICITY, SEWERAGE. No. 169. An Act to amend an Act establishing a new charter for the City of Waynesboro, approved December 15, 1893, and the several Acts amendatory thereof, so as to authorize and provide as follows: That the mayor and the council of Waynesboro shall be authorized to construct, operate

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and maintain waterworks, water-pumping stations, watermains, electric-power lines, sewers and sewage disposal plants, without the limits of the City of Waynesboro; and to vest authority in the mayor and the council of Waynesboro to condemn lands, and all interest in real estate for the purpose of acquiring title to real estate without the limits of the City of Waynesboro for such purposes and all corporate purposes; 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 Waynesboro, approved December 15, 1893, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Act of 1893 amended. Section 1. That the mayor and council of Waynesboro, be, and they are hereby authorized, in their discretion, to construct, erect, operate and maintain waterworks, waterpumping stations, pipe-lines, water-mains, telephone lines, electric-power lines, and all buildings and equipment necessary thereto, without the limits of the City of Waynesboro, for the purpose of providing and furnishing an adequate supply of water to said city and the residents thereof. Waterworks. Section 2. That the mayor and council of Waynesboro be and they are hereby authorized, in their discretion, to construct, erect, operate, and maintain sewers and sewage disposal plants, and all equipment necessary thereto, without the limits of the City of Waynesboro, for the purpose of providing adequate systems for the proper disposal of sewage matter. Sewerage. Section 3. Be it further enacted by the authority aforesaid, That the power and authority is hereby vested in the mayor and the council of Waynesboro to exercise the right of eminent domain and condemn lands, leases and all other interest in real estate, without the limits of the City of

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Waynesboro, whereby possession and title to land, and as much thereof as may be necessary, may be procured by the mayor and council of Waynesboro for the construction and operation of waterworks, water-pumping stations, pipelines, water-mains, telephone lines, electric-power lines, sewers and sewage disposal plants, all as above provided, and for all other corporate purposes, without the limits of the City of Waynesboro, and to whatever extent it may be deemed necessary and proper within the discretion of the mayor and council of Waynesboro. Power of eminent domain. Section 4. Nothing in this Act shall be construed as any restriction or limitation of the powers of the mayor and council of Waynesboro to exercise the right of eminent domain under its existing charter and all amendments thereto and under the general laws of Georgia; but the purpose of this Act is to grant the power herein conferred in addition to all existing powers and authority already vested in the mayor and the council of Waynesboro and municipal corporations generally in the exercise of the right of eminent domain. Powers additional. Section 5. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 15, 1937. WOODVILLE CHARTER AMENDMENTS. No. 86. An Act to amend an Act to incorporate the City of Woodville, approved August 21, 1911, changing the date of holding the election of a mayor and aldermen, to change the term of office of the mayor and aldermen, to require the attendance of the aldermen at regular and called meetings of the mayor and aldermen, to provide for the

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forfeiture of the office of alderman in the event of non-attendance of such meetings and the selection of a successor, to provide for additional punishment of violations of ordinances, to grant to the mayor additional authority, including his selection as an ex-officio justice of the peace to issue and to determine the disposition of warrants for offenses committed within the limits of said city; and for other purposes. Section 1. Be, and it is hereby enacted, by the General Assembly of Georgia: That Section 3 of the original charter of the City of Woodville, found in the Acts of General Assembly, 1911, page 1641, and in the first, second, third, fourth and fifth lines thereof, which read as follows: Be it further enacted, That on the first Wednesday in January of each year hereafter, there shall be elected a mayor and five councilmen, whose term of office shall be one year, and until their successors are elected and qualified, be, and the same is hereby repealed, and the following clause substituted, to wit: Be it further enacted, That on the first Wednesday in December, 1937, and on the first Wednesday in December every two years thereafter, commencing on the first Wednesday in December, 1939, there shall be elected a mayor and five councilmen, whose term of office shall be two years, and until their successors are elected and qualified, so that said section from beginning down to the first period will read as follows: Act of 1911 amended. Be it enacted, That on the first Wednesday in December, 1937, and on the first Wednesday in December every two years thereafter, commencing on the first Wednesday in December, 1939, there shall be elected a mayor and five councilmen, whose term of office shall be two years, and until their successors are elected and qualified. Election and terms of office. The further portions of said section remain of full force. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority

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of the same, That there shall be added to Section 3 the following additional provision, to wit: Section 3 (a). Should any councilman or alderman, fail or refuse without good and sufficient cause to attend three regular successive meetings of the mayor and alderman, and fail to deliver to the mayor a written explanation of the reason of his non-attendance at the third meeting, then a quorum of councilmen shall declare the office of said councilman or alderman vacated, and shall thereupon call an election to fill such vacancy, after giving ten days' written notice, to be held under the same rules and regulations as general elections are held. Vacancy on failure to attend. Section 2. Be and it is hereby further enacted by the General Assembly of Georgia, That there is added to Section 19 of the original charter of the City of Woodville, found on page 1648, Acts 1911, a new sentence reading as follows: Said mayor's court shall have the power to impose the following additional penalties for the violation in any place of said city, public or private, of any ordinance of the city passed in accordance with its charter. That is to say, said mayor's court shall have the power to punish all violations of said ordinance by imprisonment in the county jail of Greene County for any term, not to exceed ninety days, or by compulsory work for any term not to exceed ninety days, in the chaingang of Greene County, or upon the public works of said county; said court shall have the authority to impose any of the above punishments in the alternative. Mayor's court powers. Section 3. Be and it is hereby further enacted by the General Assembly of Georgia, by adding to Section 16 of the original charter of the City of Woodville, found in the Acts of General Assembly of Georgia, 1911, on page 1645, a new sentence to read as follows: The mayor of said city shall be ex-officio justice of the peace, so as to enable him to issue warrants for offenses committed within said

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city. Said warrants may be served by the policeman or marshal of said city, or any other officer authorized by law to make arrests, and acting under said warrants, said officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of this State have been violated by the persons so charged, it shall be the duty of the mayor to commit the accused to the common jail of Greene County to answer to the charge in any court of competent jurisdiction; Provided, that if raid offense is one that is bailable by justice of the peace, said mayor shall admit said accused to bail. If in the examination or trial of any one accused under a charge of a violation of any of the municipal ordinances there is a reason to suspect a commissioner of a crime on his part, the mayor shall have authority, and it shall be his duty, to bind over or commit said accused to the proper State court for said penal offense. Mayor's functions. Arrests. Committals. Section 4. 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 they are hereby repealed. Approved March 4, 1937.

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PART IV.RESOLUTIONS.

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TITLE 1. MISCELLANEOUS SUBJECTS. RESOLUTIONS. Appropriation to Bank of Gray. Appropriation to Jefferson Davis Park. Assent to Federal Agricultural Legislation. Automobile License-TagsTime Extended. Canceling Execution Against Brice and Smith. Civil Service Joint Committee. Cottonseed Oil, as to Excise Tax on. Constitution Sesquicentennial Commission. Dentistry School at University. Federal Aid to Education. Football-Game Committee. Futch's Widow, Payment to. General Assembly Recess. General Assembly Reconvention. Hamilton's Suspension Disapproved. Harrison's Suspension Disapproved. Highway Jefferson Davis. Highway Thomas E. Watson. Highway William H. Crawford. Lease CommissionCancellation and Forfeiture. Library Law-Books to Paulding County. Library Law-Books to Richmond County. Library Law-Books to Richmond County. Library Law-Books to Thomas County. Library Law-Books to Twiggs County. Live-Oak as Emblematic Tree. New York World's Fair Committee. Pine Mountain Recreational Project. Repairs and Replacements to Mansion. Savannah River Dam Recommended. Soil-erosion Control. State-Housing Facilities Committee.

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State-Housing Facilities Committee. Sunshine Health Center. Surety Arnold Relieved. Surety Brown Relieved. Sureties Massey and Powell Relieved. Sureties Murphy and West Relieved. Surety Ragan Relieved. Tattnall Prison Committee. Tattnall Prison Committee Continued. Tattnall Prison Lease. Tax-Commissioner Burson Credited. Tax-System Study Committee. Tubercular Sanitarium Gift. Twin States Livestock Association. University Library Papers. Western Atlantic Railroad Underpass. APPROPRIATION TO BANK OF GRAY. No. 49. A RESOLUTION. Whereas, the General Assembly of Georgia did recognize the obligation of the Commissioner of Agriculture of the State to pay to the Bank of Gray at Gray, Georgia, the amount of $157.50 on account of peach stamps purchased under the Act of 1927 regulating the grading and marking of peaches and apples, and Whereas, the said Act and recognition of the said debt is set forth on page 1282 of the Acts of the General Assembly of 1935, and Recognition. Whereas, the said debt is due, owing and payable: Therefore be it resolved that the General Assembly of Georgia hereby appropriates the sum of $157.50 for the specific purpose of paying the said obligation to the said Bank of Gray, Georgia. $157.50 to pay obligation. Approved March 31, 1937.

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APPROPRIATION TO JEFFERSON DAVIS PARK. No. 56. A RESOLUTION. Appropriating the sum of five thousand dollars ($5,000.00), to Jefferson Davis Memorial Park. Whereas, in 1935, the Legislature authorized the erection of a Marker on the property owned by the State in Irwin County where Jefferson Davis was captured; and Whereas said Marker has been erected; and Whereas there is an unfinished Memorial Hall on this property near the Marker, and in order to protect the ground thereabout it is necessary to fence the same, and it is proper and necessary that the Marker itself be fenced; and Whereas a caretaker's house should be erected and constructed to preserve the expenditures already made, and the planting of shrubbery is a vital necessity in order that travelers even without the State of Georgia may be attracted to this Historical Site: Therefore be it resolved. Section 1. Be it resolved and it is hereby resolved by the General Assembly of Georgia that there be and is hereby appropriated from any lawful funds in the Treasury of this State the sum of Five Thousand dollars ($5,000.00), to complete the unfinished Memorial Hall situate on the property owned by the State in Irwin County, Georgia, the site where Jefferson Davis was captured, and for the purpose of fencing the Park or State-owned grounds thereabout, and for the purpose of fencing the Monument or Marker already erected there, and for the further purpose of constructing a caretaker's house that someone may be there to

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preserve the premises, and for the further purpose of planting of shrubbery. $5,000 for completion of memorial. Section 2. Be it further resolved that the completion of the Memorial Hall, the fencing of the Park and the lands around the Marker, the construction of the caretaker's house and the planting of the shrubbery shall be done by any Board, Department, Commission or Civic Board authorized by the Governor of the State and the funds herein provided for or so much as may be necessary hereby appropriated to pay for the expense of said improvements shall be upon order of the Governor paid by the Treasury Department of this State to any person or persons so authorized to receive the same. Provided, that said amounts shall not exceed the sum of Five Thousand Dollars ($5,000.00). Order for payment. Approved March 30, 1937. ASSENT TO FEDERAL AGRICULTURAL LEGISLATION. No. 17. A RESOLUTION. Expressing assent of the General Assembly of the State of Georgia to the provisions and purpose of the Act approved June 29, 1935 (Public-No. 182-74th Congress) Whereas there has been enacted by the Senate and House of Representatives of the United States of America in Congress assembled. An Act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension of work and the more complete endowment and support of land-grant colleges, approved June 29, 1935 (Public No. 182-74th Congress), and

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Whereas the provisions of the Act and the purpose of the grants of money authorized by the Act are made subject to the legislative assent of the several States and Territories, Legislative assent given. Therefore be it resolved by the House of Representatives of the General Assembly of the State of Georgia, the Senate concurring, that the assent of the General Assembly of the State of Georgia, required by the said Act, be and the same is hereby given. Approved March 3, 1937. AUTOMOBILE LICENSE-TAGSTIME EXTENDED. No. 19. A RESOLUTION. Whereas expected legislation dealing with automobiles has caused many owners to delay the purchase of their 1937 license tag, and Whereas there is now pending some of such legislation and the matter has not been clarified and it now appears that two weeks more will be required to finally dispose of pending legislation dealing therewith, and Whereas the time limit for purchasing automobile license tags as extended by a previous joint resolution will expire on March first, Therefore be it resolved by the Senate, the House of Representatives concurring, that the time for the purchase of automobile license tags for 1937 be and the same is hereby extended until March 15, 1937, without penalty on the purchaser. Fifteen-day extension. Approved March 3, 1937.

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CANCELING EXECUTION AGAINST BRICE AND SMITH. No. 30. A RESOLUTION. Whereas, on Aug. 24th, 1932, Mrs. M. F. Brice of Toombs County, Georgia, as principal, and Alex P. Smith of Telfair County, Ga., as surety, gave bond to Richard B. Russell, Governor, and his successors in office, in the sum of $1000.00, for the appearance of the principal in Bartow Superior Court, on charge of a misdemeanor; and Whereas Mrs. R. F. Barker filed her suit in Toombs Superior Court April 29th, 1933, against Mrs. M. F. Brice et al., asking for damages for the killing of her husband by hitting him with an automobile she was driving; and Preamble. Whereas said civil suit involved the same transaction she had given bond for, as stated above; and Whereas, on May, 28th, 1934, said civil case was settled in Toombs Superior Court by the insurance company that carried liability insurance on defendant's car, at and for the sum of $4050.00, with the express understanding and agreement that said criminal charge in Bartow Superior Court would be dropped, and Whereas, on Oct. 24th, 1934, in Bartow Superior Court judgment was rendered on said bond in favor of Eugene Talmadge, Governor, for use of officers of court, for $1000.00 principal, and $16.10 cost, and fi. fa. issued, and same has been recorded in Clerk's Office Toombs County, Georgia, where Mrs. M. F. Brice resides, and in Clerk's Office, Telfair County, where Alex P. Smith resides; and Whereas Mrs. M. F. Brice was never re-arrested, and was living in Vidalia, Toombs County, Georgia, all the time, and did not know of said execution until about eighteen months after same issued; and

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Whereas Mrs. M. F. Brice has voluntarily given another bond for her appearance in Bartow Superior Court, to answer said charge: Therefore be it resolved by the House of Representatives, the Senate concurring, that Mrs. M. F. Brice as principal, and Alex P. Smith as surety, be relieved of all liability on said execution and judgment, and the Clerks of the Superior Courts of the Counties of Bartow, Telfair, and Toombs are hereby authorized and directed to cancel said execution on the records of said counties, reciting this resolution as their authority. Relief from liability. Approved March 22, 1937. CIVIL SERVICE JOINT COMMITTEE. No. 12. A RESOLUTION. Whereas, there is in course of consideration by the General Assembly of Georgia a Civil-Service Act, in conformity with the State Democratic platform; and Whereas, since civil service protects an employee in hir or her position and assures to the State competent and efficient service, it is necessary that such employees be classified as to salary and status: therefore Be it resolved, by the Senate, the House concurring, that a joint committee of five, two from the Senate and three from the House, be appointed by the President of the Senate and the Speaker of the House, to study such classification of employees and the matter of salaries to be paid in each classification; and Classification of employees. Be it further resolved, that such committee be and is hereby instructed to make a report back to the present session of the General Assembly in the form of a bill for its

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consideration, classifying the employees of the State, and fixing the salaries of such classifications. Report. Approved February 23, 1937. COTTONSEED OIL, AS TO EXCISE TAX ON. No. 43. A RESOLUTION. Whereas, cottonseed oil represents more than one half of the total value of cottonseed, and constitutes approximately 10 per cent. of the value to southern farmers of their entire cotton crop; and Whereas, Georgia normally produces over 150,000,000 pounds of cottonseed oil annually; and Whereas, the principal market outlet for cottonseed oil is shortening, of which 1,554,000,000 pounds were produced in 1936, and 1,543,000,000 pounds in 1935; and Whereas, any legislation designed to curtail the production and consumption of shortening will greatly depress the price of cottonseed, which is one of the chief money crops of Georgia and the South: therefore Be it resolved by the Senate, the House of Representatives concurring: 1. That we have heard with great regret that the Iowa Legislature is seriously considering the imposition of a prohibitive tax of 5 a pound on shortening by the enactment of Senate Bill 150 introduced in the Iowa Senate, February 10, 1937, by Senator Husted. Iowa legislation. 2. That we feel that this represents in effect a tariff on or embargo against the chief food product of the south, and that this type of legislation is unfair and violates one

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of the fundamental principles on which this nation has been built. Tariff. 3. That we apprehend that this measure if enacted will bring about serious friction between the farmers of the south and the middle west, and divide forces which should be united in a struggle to restore the agriculture of the nation to a sound basis. Friction. 4. That we respectfully plead that the Legislature of Iowa refuse to pass Senate Bill 150, which proposes to levy an excise tax of 5 a pound upon each pound of shortening, other than lard, sold or offered for sale in the State of Iowa. And Plea. Be it further resolved, that a copy of this resolution be addressed to the Governor of Iowa, with the request that it be placed by him before the Senate and House of Representatives of the State of Iowa; and Address. Be it further resolved, that true copies of this resolution be distributed to the news services, to the end that due publicity may be given to the fact that members of the 1937 General Assembly of Georgia look with disfavor upon any attempt to levy a prohibitive tax upon a wholesome food product that represents as does shortening a major outlet for the principal seed crop of the southern farmers. Distribution of copies. Approved March 30, 1937. CONSTITUTION SESQUICENTENNIAL COMMISSION. No. 21. A RESOLUTION. Requesting the Governor of Georgia to appoint a State Constitution Sesquicentennial Commission to cooperate with the United States Constitution Sesquicentennial Commission

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in celebrating the one hundred and fiftieth anniversary of the formation and ratification of the Constitution of the United States. Whereas there has been established by the Congress of the United States a body known as the United States Constitution Sesquicentennial Commission to inaugurate, perfect and carry out plans for celebrating the year 1937 as the one hundred and fiftieth anniversary of the formation of the Constitution of the United States, the year of 1938 as the one hundred and fiftieth anniversary of most of the ratification of the Constitution of the United States, and the year 1939 as the one hundred and fiftieth anniversary of the inauguration of the first President of the United States; and Whereas the State of Georgia, as one of the twelve original States which signed the Constitution of the United States on September 17, 1787, by her ratification thereof on January 2, 1788, was a party to the great Compact between the States to which she is now and ever has been faithful; and Whereas the commemoration of the formation and ratification of the said Constitution during the years 1937, 1938 and 1939 is of exceeding great importance politically and educationally to this State; now therefore be it Resolved by the General Assembly of the State of Georgia that His Excellency, the Governor, be and he is hereby requested to designate a body, composed of not less than three nor more than five persons, to be known as a State Constitution Sesquicentennial Commission to cooperate with the said Commission of the United States in the purposes and plans aforesaid. Designation of commission. Approved March 8, 1937.

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DENTISTRY SCHOOL AT UNIVERSITY. No. 46. A RESOLUTION. Whereas there are many sections of the State of Georgia not adequately served by competent Dentists, and Whereas the cost of securing a dental education through private schools is prohibitive for many young men who might otherwise go into this profession, and Whereas it appears that a College of Dentistry could be operated at small additional expense if operated in connection with the Medical College at Augusta, Georgia: Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the Board of Regents and the Chancellor of the University, be and they are hereby requested to establish a school of Dentistry as soon as funds are available for its equipment and operation, and as soon as the said Board of Regents and the Chancellor deem the time ripe for the establishment of such a school. Request to establish school. Approved March 30, 1937. FEDERAL AID TO EDUCATION. No. 8. A RESOLUTION. Whereas, there has been introduced into the National Congress a bill known as the Harrison-Black-Fletcher Bill, and Whereas, this bill is receiving serious consideration by the National Congress, and Whereas, this bill is intended to give Federal aid to the support of public education in the various States and territories

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of our Nation, without in any way giving to the Federal Government any control of our public schools, and Whereas, this bill will go a long way toward equalizing the educational opportunity given to the children of the various States and territories of our Nation: Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that we favor the passage of the Harrison-Black-Fletcher bill by the National Congress. Legislation favored. Be it further resolved that copies of this Resolution be transmitted to the President of the United States and to each member of the Georgia delegation in our National Congress. Transmission. Approved February 11, 1937. FOOTBALL-GAME COMMITTEE. No. 25. A RESOLUTION. Whereas, a movement has been in progress for more than three months to present a football game between two outstanding teams in Atlanta, on New Year's Day, 1938, and Whereas, this movement has been approved by the Governor of Georgia, the Mayor of Atlanta and the Chairman of the Fulton County Commission as well as representative organizations and citizens of Atlanta, and Whereas, Atlanta and Georgia are two strong supporters of football teams of the Southeastern Conference, and have two state-supported institutions, Georgia Tech and the University of Georgia, as members of that conference, and

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Whereas, the Southeastern Conference, on March 6, 1937, in Atlanta adopted a rule prohibiting acceptance of invitations to play in such New Year's day games by conference members, except an invitation from the City of New Orleans, La., and Whereas, such a rule is rankly discriminatory against the City of Atlanta and other cities in the Southeastern Conference territory, and is unfair and unjust to such cities: Therefore be it resolved by the House of Representatives of Georgia, and the Senate concurring, that the General Assembly approve the move to present a football game between two outstanding teams in Atlanta of January 1, 1938; and Approval of game. Be it further resolved, that the faculties of the Georgia School of Technology and the University of Georgia be called on to use their influence in getting the aforementioned rule of the Southeastern Conference rescinded; and Influence. Be it further resolved, that the athletic fields of the State-supported Georgia School of Technology and Univercity of Georgia be made available under reasonable rules for use in presenting such football game, present existing schedules not conflicting; and Athletic fields. Be it further resolved, that the Chairman of the University System of Georgia committee of the House and Senate be named as a committee to report to this body, as soon as possible, the result of their efforts to this end. Committee report. Approved March 12, 1937. FUTCH'S WIDOW, PAYMENT TO. No. 22 A RESOLUTION. Whereas, James Robert Futch was employed by the County Commissioners of Clinch County, Georgia, and the

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said Futch was killed, November the 7th 1935, while helping remove a building off the right of way of a road; And whereas, the said James Robert Futch was directed by the County Commissioners to help remove the said building, and was working under the direction of the said county authorities at the time he was killed by the said building falling on him; And whereas, the said James Robert Futch left, at the time of his death, a wife by the name of Mrs. Mattie Eva Futch and one child by the name of Jimmy L. Futch only a few months old. And whereas, the widow and child of the said Futch are left with no means of support: Therefore be it resolved by the General Assembly of the State of Georgia, that the County Commissioners are hereby authorized and directed to pay to the widow Mrs. Mattie Eva Futch the sum of one thousand dollars. Payment by Clinch County. Approved March 10, 1937. GENERAL ASSEMBLY RECESS. No. 1. A RESOLUTION. Be it resolved by the House, the Senate concurring, that the General Assembly of Georgia recess at the time of adjournment on Monday, January 18, 1937, until 10:00 o'clock a. m., Wednesday, January 20, 1937, and that at that time the ten-day organization session of the General Assembly stand automatically adjourned sine die, in order that during the period of recess and before the beginning of the regular session of the General Assembly all travel and visitation committees may make their visitations and

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be ready to report to the General Assembly at the beginning of the regular session. Adjournment date. Approved January 15, 1937. GENERAL ASSEMBLY RECONVENTION. No. 2. A RESOLUTION. Be it resolved by the Senate of Georgia, the House of Representatives concurring, that the General Assembly of Georgia reconvene in regular session at 10 o'clock a. m., on Monday, January 25, 1937. Reconvening date. Approved January 15, 1937. HAMILTON'S SUSPENSION DISAPPROVED. No. 4. A RESOLUTION. Whereas, His Excellency Eugene Talmadge, Governor, did by executive order, on the 24th day of February, 1936, suspend from office as Treasurer of Georgia the Honorable George B. Hamilton; and Whereas, the Governor has reported the fact of such suspension and his reasons therefor, in writing, to this session of the General Assembly; and Whereas, it appears that such suspension was unwarranted, and was entirely without cause, and the reasons assigned therefor by said Governor constitute no legal reason for such suspension, but on the contrary it appearing that said order of suspension was issued because the said George B. Hamilton did insist on conducting the office of Treasurer of Georgia strictly in accordance with the law,

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and refused to violate the law, even at the peril of being suspended: Therefore be it resolved by the General Assembly of Georgia, upon consideration of said report, a majority of both houses concurring, that the action of the Governor in suspending said George B. Hamilton as Treasurer of Georgia, by said executive order of February 24th, 1936, be and the same is hereby disapproved, and that the said George B. Hamilton be and he is hereby restored to said office instanter. Restoration after suspension. Be it further resolved by the General Assembly of Georgia, that the said George B. Hamilton is most heartily commended for his courageous action in declining to be a party to the withdrawal of public funds from the Treasury of this State without an appropriation bill. Commendation. Approved January 28, 1937. HARRISON'S SUSPENSION DISAPPROVED. No. 3. A RESOLUTION. Whereas, His Excellency, Eugene Talmadge, Governor, did by executive order, on the 24th day of February, 1936, suspend from office as Comptroller-General of Georgia the Honorable Wm. B. Harrison; and Whereas, the Governor has reported the fact of such suspension and his reasons therefor, in writing, to this Session of the General Assembly; and Whereas, it appears that such suspension was unwarranted, and was entirely without cause, and the reasons assigned therefor by said Governor constitute no legal reason for such suspension, but on the contrary it appearing that said order of suspension was issued because the said Wm.

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B. Harrison did insist on conducting the office of Comptroller-General of Georgia strictly in accordance with the law, and refused to violate the law, even at the peril of being suspended: Therefore be it resolved by the General Assembly of Georgia, upon consideration of said report, a majority of both houses concurring, that the action of the Governor in suspending said Wm. B. Harrison as Comptroller-General of Georgia by said executive order of February 24th, 1936, be and the same is hereby disapproved, and that the said Wm. B. Harrison be and he is hereby restored to said office instanter. Restoration after suspension. Be it further resolved by the General Assembly of Georgia, that the said Wm. B. Harrison is most heartily commended for his courageous action in declining to be a party to the withdrawal of public funds from the Treasury of this State without an appropriation bill. Commendation. Approved January 28, 1937. HIGHWAY JEFFERSON DAVIS. No. 31. A RESOLUTION. Be it resolved by the House, the Senate concurring; that Whereas, the Jefferson Davis Highway in Georgia has never been officially designated by the Georgia Legislature; and Whereas, the Georgia Division of the United Daughters of the Confederacy has marked, with permanent granite markers, the Jefferson Davis Highway; and Whereas, the Georgia Division of the United Daughters of the Confederacy has selected the highway beginning at

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Augusta, Georgia, then passing through Thomson, Warrenton, Crawfordville, Greensboro, Madison, Covington, to Atlanta, known on the Georgia Highway Map as State Route No. 12, and then from Atlanta through Fairburn, Newnan, LaGrange, to West Point, known on the Georgia Highway Map as State Route No. 14, be and the same is hereby designated as the official Jefferson Davis Highway in Georgia. Approved March 22, 1937. HIGHWAY THOMAS E. WATSON. No. 26. A RESOLUTION. To be entitled a Resolution to pay tribute and honor to one of Georgia's noblest sons, without any expense to the State of Georgia, by naming a highway beginning at Rabun Gap, and ending at Tybee Light, in honor of Thomas E. Watson; and for other purposes. Be it resolved by the General Assembly of Georgia: That whereas one of Georgia's noblest sons, who brought world-wide recognition and glory of his native State, through his masterful leadership as a statesman, historian, lawyer, orator, and commoner, was born and reared in McDuffie County on the highway leading from Thomson to Augusta, known as State Highway No. 12 and No. 10, And whereas this great Georgian in later years made his home at Hickory Hill in Thomson, McDuffie County, Georgia, And whereas his ashes now lie at eternal rest in said Thomson, McDuffie County, Georgia,

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And whereas it is entirely fitting and appropriate that the State of Georgia pay honor and tribute to the memory of this great son of Georgia, which can be done without expense to the State: Therefore be it resolved, that the highway which enters Georgia from North Carolina as State Route No. 15, near Rabun Gap, and passes thru Rabun Gap, from there to Clayton as State Route No. 15, and from there to Clarkesville as State Route No. 15, and from there to Carnelia as State Route No. 15, and from there to Baldwin as State Route No. 15 and No. 13, and from there to Gainesville as State Route No. 13, and from there to Buford as State Route No. 13, and from there to Buckhead as State Route No. 13 and from there to Atlanta as State Route No. 13 and No. 9, and from there to Jonesboro as State Route No. 3, and from there to Griffin as State Route No. 3, and from there to Barnesville as State Route No. 7, and from there to Forsyth as State Route No. 19, and from there to Macon as State Route No. 19, and from there to Gray as State Route No. 22, and from there to Milledgeville as State Route No. 22, and from there to Sparta as State Route No. 22, and from there to Warrenton as State Route No. 16, and from there to Thomson as State Route No. 12, and from there to Dearing as State Route No. 12 and No. 10, and from there to Harlem as State Route No. 12 and 10, and from there to Augusta as State Route No. 12 and No. 10 and No. 4, and from there to Waynesboro as State Route No. 21, and from there to Millen as State Route No. 21, and from there to Statesboro as State Route No. 67, and from there to Savannah as State Route No. 26, and from there to Tybee as State Route No. 26, be henceforth designated and named the Thomas E. Watson Highway. Designation of route. Be it further resolved that whereas one of Georgia's most distinguished sons, the late Honorable Logan E. Bleckley, who was a son of Rabun County, and who brought great honor and renown to his native State because of his

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great ability, learning, wisdom and fairness as a jurist and as a man, was born in Rabun County, that all of the aforesaid highway and route which passes thru Rabun County be designated as the Thomas E. Watson Highway and as the Logan E. Bleckley Highway, so that said highway in Rabun County shall commemorate the lives and deeds of both of these great Georgians. Designation of Rabun County route. This resolution shall not be construed to change or alter the identity or name of any highway previously designated by any other name, portions of which it may traverse or with which the route herein designated may coincide. No change of previous way. Approved March 15, 1937. HIGHWAY WILLIAM H. CRAWFORD. No. 42. A RESOLUTION. Be it resolved by the Senate of Georgia, the House of Representatives concurring: That whereas Wm. H. Crawford has reflected glory upon the name of the State of Georgia, and was the only one of her distinguished sons who sat side by side in perfect equality with the Statemen of the United States of America and of the World during the entire history of this State, being for ten years a member of the Cabinets of Presidents Monroe and Madison; and being the close political and personal friend of Thomas Jefferson; and being the one person who more than any other brought about the consummation of the Louisiana Purchase without which the Spangled Banner of this Union would not bear but twenty-two stars as its folds unfurl beneath the Heavens; and being the one person who more than any other formulated

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and enunciated the Monroe Doctrine, which characterized the United States as the leader and the guardian of the Western Hemisphere; and having had the support of Thomas Jefferson for the Presidency of the United States, which office he would have attained had it not been for the misfortune of sudden illness, and whose support upon being stricken by illness made John Quincy Adams President of the United States, and Whereas this great Georgian made his home in Crawford, Georgia, in Oglethorpe County, and the house in which Wm. H. Crawford formulated the Monroe Doctrine stood until a few months ago within a stone's throw of State Highway No. 10, and, Whereas his ashes now lie at rest within a stone's throw of said Highway, and Whereas said Highway No. 10 and State Highway No. 8 have recently been paved, and Whereas it is entirely fitting and proper that the memory of this great Georgian and the deeds and doctrines of his immortal life which brought fame to the State of Georgia should be kept alive in the minds and hearts of Georgians, Now, therefore, be it resolved by the General Assembly of Georgia, that in order to commemorate the life and deeds of the late William H. Crawford, the all-paved highway from Atlanta to Augusta, known as State Highway No. 8 and 10, going through Decatur, Lawrenceville, Winder, Athens, Crawford, Lexington, Washington, Thomson, Dearing and Harlem, henceforth be designated and named The William H. Crawford Highway. Designation of way. Approved March 30, 1937.

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LEASE COMMISSION. CANCELLATION AND FORFEITURE. No. 52. A RESOLUTION. Whereas, the General Assembly of Georgia in 1929 created the Western and Atlantic Railroad Commission, giving said Commission power in the name of the State to contract for construction of certain improvements on the Old Union Depot property in the City of Atlanta, belonging to the State of Georgia; and Whereas, the State of Georgia entered into a lease contract with the Dixie Terminal Building Company and the United States Cold-Storage Corporation, whereby the Dixie Terminal Building Company and the United States Cold-Storage Corporation was to erect on the State's property certain buildings of specified dimensions and to cost a certain sum of money, and Whereas, the said erection of the said buildings was to be completed within a certain specified time, which said time has been extended over a period of years; and Whereas, the said Dixie Terminal Building Company and the United State Cold-Storage Corporation has never completed its agreement with the State of Georgia; and Whereas, certain sums of cash and certain bonds have been posted conditioned upon the fulfilment of the contract with the State of Georgia by the Dixie Terminal Building Company and the United States Cold-Storage Corporation. There is hereby created a Commission consisting of State Treasurer, State School Superintendent and the Governor, who are authorized and empowered to act for and in behalf of the State of Georgia in dealing with the State

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property known as the Old Union Depot property in the City of Atlanta. Said commission is hereby authorized and empowered to cancel the contract between the State of Georgia and the Dixie Terminal Building Company or the United States Cold-Storage Corporation and the lease of the Old Union Depot site in the City of Atlanta if the Dixie Terminal Building Company or the United States Cold-Storage Corporation has not completed the erection of the buildings per the terms stipulated in the contract on or before August 1st, 1937. Commission created and empowered. Be it resolved further, that said commission is authorized in behalf of the State of Georgia to declare all bonds and money posted by the Dixie Terminal Building Company or the United States Cold-Storage Corporation forfeited to the State in the event the terms of the contract and lease aforesaid are not complied with in accordance with the terms thereof on or before August 1st, 1937. Forfeiture of bonds. Be it resolved further, that said commission be and it is hereby authorized and empowered to act for and in behalf of the State of Georgia in negotiating and executing another lease or leases, contract or contracts, in connection with the property herein mentioned. Contracts. Be it further resolved, that the Governor is hereby charged with the right and duty to act for the State in collecting any amounts due the State of Georgia as a result of the forfeiture and cancellation herein provided. Governor's duty. Be it further resolved, that any funds received by the State of Georgia as a result of this Resolution be and are hereby allocated to the State Radio Commission as it sees fit in carrying out the functions of said commission. Funds allocated to Radio Commission. Approved March 30, 1937.

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LIBRARY LAW-BOOKS TO PAULDING COUNTY. No. 24. A RESOLUTION. Whereas, certain volumes of the Supreme Court Reports and also of the Court of Appeals Reports belonging to Paulding County, have been lost and misplaced and destroyed by use, and Whereas, such books are badly needed by the Court in the interest of the orderly transaction of its business; Be it therefore Resolved, by the General Assembly of Georgia, that the State Librarian be and she is hereby directed to supply to the proper authorities of Paulding County the following volumes of the Supreme Court Reports, to-wit: 1 to 29 inclusive, 35, 36, 39, 40, 46, 48, 51, 54, 55, 56, 59, 60, 61, 62, 63, 64, 65, 66, 70, 72, 79, 80, 81, 83, 84, 86, 88, 90, 96, 109, 110, 113, 151, 168, 162, 164, 174, 181. Reports to be furnished. Also the following Reports of the Court of Appeals, to wit: Volumes 20, 21, 23, 30, 34, 38, 42, 43. Approved March 10, 1937. LIBRARY LAW-BOOKS TO RICHMOND COUNTY. No. 55. 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 are missing from the Library of the City Court of Richmond County as hereinafter enumerated:

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Therefore be it resolved by the General Assembly of Georgia, and it is hereby resolved that the State Library furnish, and is hereby authorized and directed to furnish to the County of Richmond, without cost to said county, the following listed volumes: Georgia Reports, volumes No. 3, 124, 136, 138, 145, 152, 154, 155, 156, 157, 170, 177. Reports to be furnished. Georgia Appeals Reports, volumes No. 6, 7, 13, 16, 18, 27, 29, 31, 48. Approved March 30, 1937. LIBRARY LAW-BOOKS TO RICHMOND COUNTY. No. 57. 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 are missing from the Library of the Superior Court of Richmond County as hereinafter enumerated: Therefore be it resolved by the General Assembly of Georgia, and it is hereby resolved that the State Library furnish, and is hereby authorized and directed to furnish to the County of Richmond, without cost to said county, the following listed volumes: Georgia Reports, volumes No. 91, 115, 122, 143, 144, 146, 155, 160, 171, 177, 181. Reports to be furnished. Georgia Appeals Reports, volumes No. 5, 12, 16, 19, 20, 21, 22, 23, 28, 36, 37, 38, 49. Approved March 30, 1937.

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LIBRARY LAW-BOOKS TO THOMAS COUNTY. No. 54. A RESOLUTION. Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same that the State Librarian be instructed and authorized to furnish to the Clerk of the Superior Court of Thomas County, Georgia those volumes of the Code of Georgia now being published by the Harrison Company, and that upon the issue of each subsequent volume of said Code a copy thereof be furnished to the Clerk of the Superior Court of said county. Code for use of county. Said Code to be for the use of Thomas County, Georgia. Approved March 30, 1937. LIBRARY LAW-BOOKS TO TWIGGS COUNTY. No. 23. A RESOLUTION. Whereas, because of loss by fire and other causes beyond control by the officials of Twiggs County, Georgia, there is not a complete set of Georgia Reports and Court of Appeals Reports in either the Office of Ordinary of Twiggs County, nor in the Office of Clerk of Twiggs Superior Court; And whereas, the business of the Superior Court of Twiggs County is hampered and delayed on account of said lack of said Reports, 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 Twiggs County, Georgia, without cost to the said County of Twiggs, the complete set of the Georgia

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Supreme Court Reports and the complete set of the Georgia Court of Appeals Reports for the respective use of the Ordinary's Office and the Office of Clerk of Twiggs Superior Court, and to take official receipt from the Ordinary of said County for the same upon delivery. Reports to be furnished. Approved March 10, 1937. LIVE-OAK AS EMBLEMATIC TREE. No. 14. A RESOLUTION. Whereas in many of the States of the Union some tree indigenous to the soil of the State has been chosen as an emblem of its sovereignty; and Whereas hitherto the General Assembly of Georgia has made no such selection; and Whereas the live-oak, being a tree indigenous to the soil of our State and especially flourishing along the Coastal plains and islands thereof where the first settlers and founders of this State resided, and which tree is so closely associated with our early history, and particularly with the lives of many famous Georgians such as General James Edward Oglethorpe, John Wesley and Sidney Lanier; Be it therefore resolved by the House of Representatives of Georgia, the Senate concurring, that, at the suggestion and request of Edmund Burke Chapter, Daughters of the American Revolution, the live-oak be and the same is hereby adopted as and declared to be the official tree emblematic of the State of Georgia. Live-oak an emblem. Approved February 25, 1937.

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NEW YORK WORLD'S FAIR COMMITTEE. No. 32. A RESOLUTION. Be it resolved by the Senate, the House of Representatives concurring, that: Whereas, thousands of outstanding patriotic citizens of the United States have started a movement to hold a fair in New York City in 1939, to be known as The New York World's Fair of 1939, designed to appropriately celebrate the 150th anniversary of the inauguration of George Washington as the first President of the United States and the establishment of constitutional government in the United States; and Whereas, this fair will present a clear, unified, and comprehensive picture of the outstanding achievements of a century and a half of modern civilization in the fields of art, literature, science, industry, and social service; and Whereas, the past will be depicted so as to give an understanding of the richer and more complicated present, with all its seriousness, varied colors, and movements for the benefit of humanity, showing how the present evolved out of the past, by giving a clear and orderly interpretation of our own age and its relation to the past; and Whereas, the fair will show the development of ideas, products, service, and social factors in such way and fashion that the citizens of the United States and the Nations of the world may obtain a clearer vision of what may be attained for themselves and their communities, giving a compelling impetus to the statement of President Washington that The discernment and pursuit of the public good should be our first consideration; and Whereas, every State of the United States and the Territories thereof as well as the Nations of the world have

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been invited to participate and make this the outstanding celebration of the ages; Therefore, be it resolved by the Senate, the House concurring, that the Governor is hereby authorized and requested to appoint a committee of fifty (50) outstanding citizens of the State, from every walk of life and from every section of the State, to formulate plans which will enable Georgia to take its stand among the other States and Territories of the United States and with the Nations of the world in furthering this great movement. Committee to be appointed by Governor. Be it further resolved, that the committee hereby authorized may meet at such times and places as may be determined, make investigations, and submit recommendations to the Governor by July 1, 1937, and that the Governor may then take such action thereon as is authorized by the Constitution and laws of this State made in pursuance thereof. Authority of committee. Be it further resolved, that the Governor be and he is hereby authorized and empowered to appoint an executive secretary of said committee if and when he considers it advisable, the said executive secretary to receive such salary as the Governor may see fit, to be paid from any sums hereafter appropriated by the General Assembly for the use of and for the accomplishment of the purposes of the said committee. Executive secretary salary. Approved March 27, 1937. PINE MOUNTAIN RECREATIONAL PROJECT. No. 11. A RESOLUTION. Whereas, on the 9th day of May, 1934, the LaGrange Banking and Trust Company, by R. E. Gormley, State

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Superintendent of Banks, conveyed to the State of Georgia certain lands in Harris County, Georgia, for the purpose of being used by the State of Georgia as a State park, said land conveyed being described in part as follows: An undivided one-fourth interest in and to three hundred (300) acres of land, more or less, being parts of lots No. 24, 25 and 44 in the third district of Harris County, Georgia; and Whereas, the purchase-price paid LaGrange Banking and Trust Company was raised by local citizens of Harris and adjoining counties, and the acquisition by the State of Georgia of said lands was without cost to the Treasury of the State of Georgia; and Whereas, in the plans of said park, the State of Georgia does not need a portion of the lands conveyed in said deed for the purposes therein set out; and Whereas, the United States of America is desirous of acquiring a portion of said lands for the purpose of developing a park, and has an option for the purchase of a portion thereof from the owners of the other three-fourths undivided interest, said portion being known and designated in the plans of the Pine Mountain Recreational Project as Tract No. 25 and described as follows: All that tract or parcel of land lying and being in Land Lots 25 and 44 of the 3rd District of Harris County, Georgia, consisting of fifty and five-tenths (50.5) acres, more or less, in the southeast corner of said land lot 44, and seventy and four-tenths (70.4) acres in the north part of land lot 25, said property being bounded on the north by lands of Mrs. Ada DeLoach; on the east by lands of the DeLoach Estate and the State of Georgia; on the south by lands of Durand Miller; and on the west by State Highway No. 1 along that part of this property in land lot 25 and by property of R. B. Jennings along the west boundary of that part of this property located in Land Lot 44. More particularly described by

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a plat thereof made by Party 1, United States Coast and Geodetic Survey, and Whereas, the acquisition and development of said lands which are adjacent to lands now owned by the State of Georgia will enhance the value of the State lands, and will be of benefit to all of the citizens of the State of Georgia: Be it therefore resolved by the General Assembly of the State of Georgia, and hereby resolved, that His Excellency E. D. Rivers, Governor of the State of Georgia, be and is hereby authorized to grant and convey to the United States of America the one-fourth undivided interest in tract of land described herein as tract No. 25 of the Pine Mountain Recreational Project. Grant of interest to U. S. Approved February 23, 1937. REPAIRS AND REPLACEMENTS TO MANSION. No. 20. A RESOLUTION. Whereas, no appropriation has been made for some time for repairing and refurnishing the Governor's mansion: Therefore be it resolved by the Senate, the House of Representatives concurring: That a committee consisting of two members of the Senate, to be appointed by the President thereof, and three members of the House, to be appointed by the Speaker thereof, be appointed to make a thorough investigation of the mansion property, including the furnishings thereof, and report at their earliest possible convenience whether or not an appropriation should be made for the purpose of making necessary repairs to the building and replacements of the furniture and furnishings. Committee to investigate. Approved March 3, 1937.

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SAVANNAH RIVER DAM RECOMMENDED. No. 15. A RESOLUTION. By the General Assembly of Georgia, requesting the President to direct prompt construction of the dam on the Savannah River near Clark's Hill. Whereas, the Savannah River, the boundary line between the States of Georgia and South Carolina, is the longest river on the Atlantic Coast between Maine and Florida, and drains a water-basin of more than 10,500 square miles; And whereas, in 1927 Congress directed the Board of Army Engineers to make a study of all the navigable rivers in the United States for the purpose of flood control, navigation, and water-power; And whereas, said Board of Army Engineers filed their report in the spring of 1935, recommending the Savannah River for such development suggesting one dam in the vicinity of Clark's Hill, another near Hartwell, and another on the Toxaway River; but advising that precedence should be given the lower dam in the vicinity of Clark's Hill; And whereas, in August, 1935, President Roosevelt appointed a special Board to study the feasibility and necessity of the proposed development near Clark's Hill, that Board consisting of the following distinguished experts, namely, Colonel Earl I. Brown, Division Engineer of the Army, Honorable Roger B. McWhorter, Chief Engineer of the Federal Power Commission, and Professor Sherman M. Woodward, Chief Water Consultant of the Tennessee Valley Authority; And whereas, on February 29, 1936, that special board filed a report strongly recommending the building of the Clark's Hill;

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And whereas, the President submitted that report to the National Resources Board for further study, and that Board engaged the services of Professor Blake R. Van Lear, Dean of Engineering of the University of Florida, who made a highly favorable report, and recommended that the Clark's Hill project be put in Group 1 for immediate construction; And whereas, the President desired further information as to the extent of the power market within the Clark's Hill area, and the Federal Power Commission is now conducting a survey to gather that information, and a favorable report is expected in April, 1937; Now therefore be it resolved by the House of Representatives of Georgia, the Senate concurring, that we respectfully request the President of the United States to recognize the claims of our State and of our sister State of South Carolina to have the capacities of this important stream put to public use by improving navigation, establishing flood control, and developing hydroelectric power; and to the accomplishment of these ends, we urge the President to direct immediate steps be taken toward building a dam at such point on the Savannah River in the vicinity of Clark's Hill as the Government authorities may consider most advisable. Request to recognize claims. Be it further resolved, that certified copies of these resolutions be forwarded to President Franklin D. Roosevelt; Honorable Harold L. Ickes, Secretary of Interior; Honorables Walter F. George and Richard B. Russell Jr., United States Senators from Georgia; Honorable Paul Brown, Representative in Congress from the Tenth Congressional District of Georgia; Honorable Frank R. McNinch, Chairman of the Federal Power Commission; and Honorable Roger B. McWhorter, Chief Engineer of the Federal Power Commission. Copies to be forwarded. Approved March 1, 1937.

Page 2216

SOIL-EROSION CONTROL. No. 16. A RESOLUTION. That whereas our virgin forests have been ruthlessly destroyed by uncontrolled forest fires and unscientific methods of timbering; our rich soils have been depleted by intensive farming and our clear streams have been turned into muddy torrents by lack of attention to the problems of crosion, And whereas our people have suffered from dust-storms in the West, and by disastrous floods which have taken a fearful toll of lives and property throughout the Nation, And whereas the Federal Government under the constructive leadership of a great Democratic President, Franklin D. Roosevelt, is sponsoring a system of flood prevention, erosion control, and reforestation, in order that our wasted lands may be restored, floods prevented, and our forests and streams restored again to their native beauty, And whereas important developments in Georgia, notably the Clark's Hill Dam on Savannah River and other projects of Statewide interest, await a program of erosion control in order that the headwaters of our streams might be kept clear of mud and silt, and thus prevent the filling of dams and impounding basins, And whereas under the program of the Federal Government it is proposed to inaugurate an extensive system of erosion control in Georgia and throughout the South; Be it therefore resolved by the House, the Senate concurring, that we express our deepest interest in the proposed plans of the Federal Government, and assure it of our sincere and hearty co-operation. Interest and co-operation.

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Be it further resolved, that a copy of these resolutions under the great seal of the State of Georgia be forwarded to the Secretary of Agriculture of the United States. Copy to Secretary of Agriculture. Approved March 1, 1937. STATE HOUSING FACILITIES COMMITTEE. No. 5. A RESOLUTION. Whereas some of the Departments of the State Government are handicapped by the lack of adequate housing facilities, necessitating a separation of activities and the rental of buildings, some of which are improperly constructed and equipped for the work required to be performed, which is prejudicial to economical and efficient operations: Now therefore be it resolved by the Senate, the House of Representatives concurring: That a committee consisting of two members of the Senate, to be appointed by the President of the Senate, and three members of the House, to be appointed by the Speaker of the House, be appointed to make a thorough and complete investigation of the housing needs of the Departments of this State located in Atlanta, and that they make a written report of their findings and recommendations to the present session of the General Assembly. Investigation and report. Approved January 29, 1937. STATE HOUSING FACILITIES COMMITTEE. No. 6. A RESOLUTION. Whereas some of the Departments of the State Government are handicapped by the lack of adequate housing

Page 2218

facilities, necessitating a separation of activities and the rental of buildings, some of which are improperly constructed and equipped for the work required to be performed, which is prejudicial to economical and efficient operations: Now therefore be it resolved by the Senate, the House of Representatives concurring: That a committee consisting of two members of the Senate, to be appointed by the President of the Senate, and three members of the House, to be appointed by the Speaker of the House, be appointed to make a thorough and complete investigation of the housing needs of the Departments of this State located in Atlanta, and that they make a written report of their findings and recommendations to the present session of the General Assembly. Investigation and recommendations. Approved February 11, 1937. SUNSHINE HEALTH CENTER. No. 59. A RESOLUTION. Whereas the splendid work of the Sunshine Health Center of Gordon County, on behalf of the underprivileged children of this State, has come to our attention, and Whereas this work is in harmony with the Social Security program of the present administration both State and Federal, Therefore be it resolved by the House of Representatives, the Senate concurring that the work of this organization for underprivileged children be and the same is approved, and the said organization and its officials be commended to the Hon. E. D. Rivers, Governor, and the Director of the Department of Public Welfare, as worthy

Page 2219

of any cooperation that can be extended by the State Department of Public Welfare. Approval of organization. Approved March 31, 1937. SURETY ARNOLD RELIEVED. No. 47. A RESOLUTION. Whereas M. C. Arnold of Twiggs County did become bail for the appearance of Minter Lee Pope at the October Term 1932, of the Superior Court of Bleckley County, in a case pending in said court against the said Minter Lee Pope, charging him with the offense of assault and battery, the same being the outgrowth of an automobile wreck in said county, which said bond was for the principal sum of two hundred ($200.00) dollars, And whereas the said Minter Lee Pope has attended each and every term of Bleckley Superior Court to answer said offense since the return of the indictment in said case, and was represented by counsel in said case, with the single exception of the July recess term, 1936, when said bond was forfeited, and a rule absolute was entered at said July recess term, 1936, and an execution was issued for the principal sum of $200.00 and cost in the sum of $18.00, and the same placed on the Execution Docket No. 2, pp. 168, and on the General Execution Docket No. 3, pp. 15 of Bleckley County, and on the General Execution Docket of Twiggs Superior Court under date of October 20, 1936, and the Sheriff of Twiggs County, Georgia, has levied the same upon lands of the said M. C. Arnold in Twiggs County, Georgia, and is seeking to subject the property of the said M. C. Arnold to the satisfaction of said execution.

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And whereas, at the time of the forfeiture of the said bond in said case, counsel for the said Minter Lee Pope, and counsel upon whom he was relying to keep him posted and advised, had, unbeknown to him the said Minter Lee Pope, or the said M. C. Arnold, surety, been committed to the State Sanitarium at Milledgeville, and he had been advised that said term of the court then in session was devoted entirely to civil business, and being thus misled he returned to his home in Twiggs County. Since said forfeiture in said case, the said Minter Lee Pope has voluntarily returned to Bleckley County, Georgia, has tendered new surety in said case, and the said case is now pending in said court against him. The said Minter Lee Pope, principal never having escaped nor attempted to escape, but being willing at each and every term of said court to stand trial on said indictment. And being now under bail to attend the next, and all subsequent terms of Bleckley Superior Court to answer said charge until the same is finally disposed of. Whereas no harm has been done and no one has suffered pecuniary loss by said forfeiture in said case, but an injustice will be done both the principal, and surety, unless legislative relief be granted in said case, Therefore be it resolved by the Senate of the State of Georgia, the House of Representatives concurring, that inasmuch as the purpose for which the said bond was made is fully accomplished, and that an injustice will be done principal and surety unless relief is granted, that M. C. Arnold be and he is hereby released and relieved from any and all liability on said execution issued on said forfeiture, and the Clerks of the Superior Courts of Twiggs and Bleckley Counties are hereby authorized and directed to mark the same satisfied and cancel of record; Provided,

Page 2221

nevertheless, that M. C. Arnold pay all cost of forfeiture in said case, to wit; $18.00. Relief from liability. Approved March 29, 1937. SURETY BROWN RELIEVED. No. 28. A RESOLUTION. Whereas J. E. Brown, of Elbert County, Georgia, did, on the 21st day of May, 1936, become surety for one Sie Sailing, said bond being returnable to the City Court of Elberton, the principal of said bond being charged with a misdemeanor in the said city court; and Whereas said bond was forfeited on the 9th day of November, 1936, sciere facias issued, returnable to the November term, 1936, of said City Court of Elberton, and, the principal of said bond not then appearing, a final forfeiture was taken in the case, and judgment entered against Sie Sailing as principal, and J. E. Brown as security, for the sum of one hundred dollars principal, and twenty-four and 25/100 dollars as costs, and execution issued thereon and was entered on general execution docket E, page 98, in the office of the Clerk of Elbert Superior Court; and, Whereas subsequent thereto the security, J. E. Brown, produced the principal, Sie Sailing, and on the 5th day of January, 1937, the said Sie Sailing entered a plea of guilty and was sentenced by the court to serve three months or pay a fine of sixty-five and no/100 dollars, which said term of imprisonment is now being served: Therefore be it resolved by the House of Representatives, the Senate concurring that the county authorities of Elbert County, Georgia, be and they are hereby instructed to cancel said execution of record, and the Clerk of Elbert

Page 2222

Superior Court is directed to cancel said execution on the dockets of his court, and the said J. E. Brown, surety in the above case be and he is hereby relieved from all liability on said bond. Cancellation of execution. Approved March 16, 1936. SURETIES MASSEY AND POWELL RELIEVED. No. 51. A RESOLUTION. Whereas John M. Massey and J. G. S. Powell, of Worth County, Georgia, on or about the 13th day of June, 1936, became surety, signing the bond for one Troy Tyson, charged with the offense of having liquor, in Cook Superior Court, in sum of $200.00, and for which said offense the defendant Troy Tyson was indicted in said court at the November term, 1936, the same being case No. 1738 as appears on the docket of Cook Superior Court; and Whereas the said Troy Tyson, at the time of the preferring of the aforesaid charges against him in Cook Superior Court, also had two cases pending against him in the City Court of Sylvester, J. G. S. Powell, one of above mentioned sureties, being on his bond for his appearance in the City Court of Sylvester. That upon the call of said cases for trial in said City Court of Sylvester, at the December term, 1936, thereof, the said Troy Tyson failed to appear in court, and his bonds were forfeited; and Whereas it developed, upon investigation of his bondsmen, that said Troy Tyson had willfully and wantonly fled the jurisdiction of the court and was in hiding in the State of Florida, but managed to locate him and had him returned to Georgia, surrendering him to the Sheriff of Worth County, and to one of the charges pending against him in the City Court of Sylvester the said Troy Tyson appeared

Page 2223

in court on the 30th day of January, 1937, and entered a plea of guilty, and was by the court sentenced to a term of twelve months on the chaingang, which sentence he is now serving; and Whereas, by reason of the said Troy Tyson now being confined in a county chaingang, a ward of the State, and his sureties unable to in any way give direction as to his future conduct and appearances with respect to and in answer to the charge now pending against him in said Cook Superior Court, and the further fact of the breach of faith on the part of said Troy Tyson in fleeing the jurisdiction of said court and forcing his bondsmen at great expense to hunt and return him to Georgia, they now ask to be relieved from further liability on his bond in said Cook Superior Court, and that he be surrendered by the officers of the State, who now have him in charge, to the proper officers of that court, to answer the charges therein pending against him. Now, therefore, be it resolved by the General Assembly of Georgia, the House of Representatives and Senate concurring, That the said John M. Massey and J. G. S. Powell, sureties as aforesaid on the bond of said Troy Tyson in the sum of two hundred ($200.00) dollars, for his appearance to answer the charge of having whiskey, now pending in Cook Superior Court, be and they are hereby fully relieved from any and all liability on said bond, as fully and effectually as if the same had not been signed. Relief from liability. Approved March 30, 1937. SURETIES MURPHY AND WEST RELIEVED. No. 27. A RESOLUTION. Whereas, one Heyward Alverson was bound over for trial to the City Court of LaGrange, with J. H. Murphy and

Page 2224

I. I. West as surety on a bond for his appearance at said court, charging him with the offense of a misdemeanor, which charge was filed to the June quarterly term, 1932, of said court, and a rule absolute was taken at the September term, 1932, of said court, by reason of the non-appearance of the said Heyward Alverson; and whereas an execution issued upon the forfeiture of said bond for the sum of two hundred and fifty ($250.00) dollars and cost on September 19, 1932, and was recorded on the general execution docket of Troup County, Georgia; and whereas, at the December quarterly term, 1932, but after the issuance of said execution, the said Heyward Alverson appeared, stood trial, and was convicted and sentenced upon said charge by said court; and whereas the said sentence of the court has been complied with and satisfied by the said Heyward Alverson; and, whereas, the ends of justice having been fully satisfied in said case, the forcing of the said J. H. Murphy and I. I. West to pay said bond would be manifestly unfair and would work an unnecessary hardship on the said J. H. Murphy and I. I. West. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, That the said Heyward Alverson, principal, and the said J. H. Murphy and I. I. West, sureties on the bond as aforesaid, be and they are hereby relieved from any and all liability on said bond and the payment of said judgment based on said bond, and that the clerk of the Superior Court of Troup County, Georgia, is hereby authorized and directed to mark said bond satisfied and cancel the same of record on the execution dockets of said county, where the same is recorded, by authority of this resolution. Relief and cancellation. Approved March 16, 1937.

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SURETY RAGAN RELIEVED. No. 29. A RESOLUTION. Whereas L. C. Ragan did become surety for the appearance of Willie Duhart, who was indicted at the March term, 1933, of the Superior Court of Pulaski County, Georgia, charging him with the offense of violating the liquor laws of the State of Georgia, and whose said bond was for the sum of $100.00, and which said bond was forfeited by reason of the non-appearance of the said Willie Duhart, and a rule nisi having been taken thereon at the March term, 1935, and a rule absolute at the June term, 1935 of said Superior Court, and an execution did duly issue upon said forfeiture; and Whereas the said Willie Duhart had died prior to the issuance of said rule nisi, and was dead at the time of said rule absolute; Now therefore be it resolved by the House of Representatives, the Senate concurring, that inasmuch as the purpose of said bond was fully accomplished, that the county authorities of Pulaski County, Georgia, be and they are hereby authorized to relieve the said L. C. Ragan as surety upon said bond, and the clerk of the Superior Court of Pulaski County, Georgia, be and he is hereby authorized and instructed to mark the execution issued upon said forfeiture and said rule absolute cancelled and satisfied upon the records of Pulaski County, Georgia, under the authority of this resolution. Relief and cancellation. Approved March 16, 1937. TATTNALL PRISON COMMITTEE. No. 18. A RESOLUTION. Whereas, the Tattnall County Prison has been completed and is now ready for occupancy, and

Page 2226

Whereas, it should be determined whether or not the State of Georgia is to take over the said Prison, and Whereas, this matter is of great importance to the State, therefore Be it resolved by the Senate, the House of Representatives concurring, that a committee of three members of the Senate and three members of the House be appointed by the President of the Senate and the Speaker of the House respectively, to discuss and consider the matter of the Tattnall County Prison with the Governor and State and National officials. Legislative committee. Be it further resolved, that the said committee report its findings and recommendations to the present session of the General Assembly, with reference to the advisability of the State acquiring and taking over the Tattnall County Prison. Report and recommendations. Approved March 3, 1937. TATTNALL PRISON COMMITTEE CONTINUED. No. 53. A RESOLUTION. Whereas, the purchase of the Tattnall County Prison recently completed through the cooperation of the United States Government is of great interest to the people of Georgia; and, Whereas, investigation and inquiry will necessarily have to be made before any feasible plan for the purchase of the said prison can be worked out satisfactorily, and Whereas, a committee has heretofore been appointed, consisting of Hon. Lee S. Purdom, Senator from the Forty-sixth District; Hon. Paul L. Lindsey, Senator from

Page 2227

the Thirty-fourth District; Hon. Glen S. Phillips, Senator from the Twenty-ninth District; Hon. John D. Bradley, Representative of Tattnall County; Hon. A. M. Deal, Representative of Bulloch County, and Hon. John W. Bennett Jr., Representative of Ware County; and, Whereas, it is necessary for the said committee to have ample time to go into the matter of the Tattnall County Prison thoroughly and exhaustively; therefore, Be it resolved by the House, the Senate concurring, That the said committee is hereby declared to be a standing and continuing committee for the purposes aforesaid. Standing committee. Be it further resolved, That the said committee is hereby authorized and instructed to report back to the next regular or special session of the General Assembly its acts, doings, and recommendations in reference to the aforesaid subject matter. Report. Be it further resolved, That the compensation of the members of the said committee be fixed at seven ($7.00) dollars per diem while actually engaged upon the duties and business of the committee, together with actual expenses incident to said committee service. Pay. Approved March 30, 1937. TATTNALL PRISON LEASE. No. 44. A RESOLUTION. Whereas, there has been appointed at the present session of the General Assembly a joint committee from the House and Senate to investigate, negotiate, and recommend a course of action to be pursued in reference to the lease or purchase of the Tattnall County Prison from the United States Government by the State of Georgia; and,

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Whereas, the people of Georgia are extremely interested in the acquistion or lease of the said Tattnall County Prison by the State of Georgia; and Whereas, the State of Georgia is desirous of cooperating to the fullest possible degree with the United States Government and the present national administration; Therefore, be it resolved by the Senate, the House of Representatives concurring, That the General Assembly of Georgia does hereby authorize and designate the Governor and the Prison Commission to execute and perfect any lease of the said Tattnall County Prison by the State of Georgia from the United States Government, with such recommendations as may be made by the joint committee of the House and Senate. Lease authorized. Approved March 30, 1937. TAX COMMISSIONER BURSON CREDITED. No. 195. A RESOLUTION. Whereas, J. H. Burson is the duly acting and qualified tax commissioner of the County of Carroll, State of Georgia; and, Whereas, the office of the said J. H. Burson, tax commissioner of the County of Carroll, State of Georgia, which is located in the courthouse of said county, was broken into and entered at night, during the absence of said J. H. Burson, tax commissioner of Carroll County, Georgia, and certain cash and checks were stolen and carried away therefrom, without the consent or knowledge of the said J. H. Burson, tax commissioner, and without any negligence on his part; and,

Page 2229

Whereas, the total amount of said funds stolen and removed from said office without fault on the part of said Tax Commissioner J. H. Burson, and without his knowledge or consent, after diligent action on the part of said Tax Commissioner J. H. Burson in stopping payment on certain checks and procuring duplicates thereof, was and is the sum of one thousand four hundred forty-six and 59/100 ($1,446.59) dollars; and, Whereas, a certain party was duly apprehended and convicted of said theft in the Superior Court of Carroll County, Georgia: Be it therefore enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the said J. H. Burson as tax commissioner of Carroll County, Georgia, and his bondsmen, are hereby relieved from payment of said sum of one thousand four hundred forty-six and 59/100 ($1,446.59) dollars, being the net amount resulting from said theft, and the Comptroller-General of the State of Georgia, and the commissioner of roads and revenues of Carroll County, Georgia, each, are hereby authorized to credit the said J. H. Burson as tax commissioner of Carroll County, Georgia, with the aforesaid amount caused by burglary of his office in Carroll County, Georgia, without any fault of said Tax Commissioner J. H. Burson, of said amount of said loss incurred, being one thousand four hundred forty-six and 59/100 ($1,446.59) dollars, the Comptroller-General of the State of Georgia, and the commissioner of roads and revenues of Carroll County, Georgia, are hereby authorized and directed to credit the proportionate part of said amount incurred by said loss due as taxes to the State of Georgia, and the County of Carroll. Relief from liability. Credits authorized. Approved March 18, 1937.

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TAX SYSTEM STUDY COMMITTEE. No. 48. A RESOLUTION. Whereas, this General Assembly has passed a constitutional amendment, which will be voted upon in June, and if ratified will authorize the classification of property for taxation; and, Whereas, Georgia is in need of a revised and equitable tax system; and, Whereas, serious study should be given any system of taxation before its adoption; Therefore, be it resolved by the Senate, the House concurring, That the President of the Senate and Speaker of the House each appoint three members of their body who shall constitute a committee of six for the purpose of making a thorough study of the tax question, with instructions to make recommendations to the General Assembly at its next meeting, on a tax system. Legislative committee to recommend. Approved March 29, 1937. TUBERCULAR SANITARIUM GIFT. No. 9. A RESOLUTION. Whereas, the Governor has called attention to the inadequacy of the facilities of the tubercular sanitarium at Alto to properly serve the needs of the State; and, Whereas, the City of Atlanta, through its mayor and general council, has tendered to the State, debt free, the tubercular sanitarium known as Battle Hill, located in Fulton County; and,

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Whereas, this sanitarium is fully equipped to care for 255 patients, and has an inventory value of one hundred eighty thousand five hundred sixteen and 12/100 ($180,516.12) dollars, as stated by City of Atlanta officials; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, That a committee be appointed to be composed of three members of the House and two members of the Senate to make a full investigation of the property tendered and report to the House and Senate during this session of the General Assembly whether, in the opinion of the committee, the State should accept the tendered gift. Investigation and report. Approved February 23, 1937. TWIN STATES LIVE STOCK ASSOCIATION. No. 50. A JOINT RESOLUTION. Whereas, the Twin States Live Stock Association, with headquarters at Augusta, Georgia, is doing a worthy work in the upbuilding of the live stock industry in the State of Georgia; and, Whereas, this association is sponsoring a live stock show to be held in Augusta on March 31, with U. S. Secretary of Agriculture Wallace delivering the principal address; and, Whereas, the people of the State of Georgia realize the importance of this industry and the excellent work this association is doing; therefore, Be it resolved by the House, the Senate concurring, That the efforts of the Twin States Live Stock Association be commended by the General Assembly of the State of Georgia for its excellent work, and the people of Georgia be,

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and are, hereby urged to give their full encouragement and cooperation by attending the live stock show at Augusta on March 31, 1937. Commendation Approved March 30, 1937. UNIVERSITY LIBRARY PAPERS. No. 45. A RESOLUTION. Authorizing certain county officials to deposit in the library of the University of Georgia certain old newspapers and printed documents. Whereas, in some of the courthouses of the State there are in the keeping of the ordinary and of the clerk of the court old newspapers and old printed documents, State and Federal, which no longer are of current value or interest; and, Whereas, in many cases this material is a serious handicap to said officials in properly shelving and caring for their current records; and, Whereas, this material is of historical value and should be preserved; Therefore, be it resolved by the General Assembly of Georgia, That said county officials be authorized to deposit, at their discretion, in the library of the University of Georgia, said old newspapers and printed documents. Deposit by county authorities. Be it further resolved, That all laws and parts of laws, as well as resolutions and parts of resolutions, in conflict with this joint resolution, or any part thereof, be, and the same are, hereby repealed. Approved March 3, 1937.

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WESTERN ATLANTIC RAILROAD UNDERPASS. No. 58. A JOINT RESOLUTION. Giving the consent of the State of Georgia, subject to stipulated conditions, to the City of Atlanta to construct an underpass under the State's property, known as the Western Atlantic Railroad, in the City of Atlanta. Be it resolved by the General Assembly of Georgia, That consent on the part of the State of Georgia is hereby given to the City of Atlanta to construct an underpass under the property known as the Western Atlantic Railroad, at and under the present grade crossing at North Avenue, in the City of Atlanta, said proposed underpass beginning on the east side of Marietta Street and to go under the railroad tracks to the west side of said tracks to Strong Street. Consent. This consent is granted with the provisions that written consent of the present lessees of the Western and Atlantic Railroad shall be first given the City of Atlanta; and, provided further, that the plans and specifications for the building of said underpass shall be submitted to and approved in writing by the Georgia Public Service Commission, the Governor of the State of Georgia, and the State Highway Department. Approval of Plans. Provided, further, That no part of the cost of construction of said underpass shall be charged to the State of Georgia. State not liable. Provided, further, That the State of Georgia shall in no way be responsible to any person for any damages growing out of the construction of said underpass. Provided, further, That the construction of such underpass shall operate as a relinquishment to the State of Georgia

Page 2234

of any and all easements of the city over the State property for highway and street purposes. Easements relinquished to State. Provided, further, That the construction of the underpass provided for in this resolution shall be completed within 10 years after the approval by the Governor of this resolution. Time limit. Approved March 30, 1937.

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SUPREME COURT OF GEORGIA HON. RICHARD B. RUSSELL Chief Justice HON. MARCUS W. BECK Presiding Justice HON. SAMUEL C. ATKINSON Associate Justice HON. R. C. BELL Associate Justice HON. JOHN B. HUTCHESON Associate Justice HON. W. F. JENKINS Associate Justice GEORGE W. STEVENS Reporter LINTON C. HOPKINS 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. ALEXANDER W. STEPHENS Presiding Judge HON. I. H. SUTTON Judge HON. HUGH J. MacINTYRE Judge HON. JOHN B. GUERRY Judge HON. JULE W. FELTON Judge GEORGE W. STEVENS Reporter LINTON C. HOPKINS Assistant Reporter LOGAN BLECKLEY Clerk MORGAN THOMAS Deputy Clerk P. W. DERRICK Sheriff

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SUPERIOR COURT CALENDAR FOR 1937-1938 ALAPAHA CIRCUIT. HON. W. R. SMITH, Judge, Nashville. H. C. MORGAN, Solicitor-General, Homerville. AtkinsonThird Mondays in February and July, and fourth Monday in October. BerrienThird and fourth Mondays in March and September, and second Mondays in June and December. ClinchFirst Mondays in March and October, and fourth Monday in June. 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. C. E. CROW, Solicitor-General, Camilla. BakerThird Mondays in January and July. CalhounFirst Mondays in June and December. DecaturSecond Mondays in May and November. DoughertyThird Mondays in March and September. GradyFirst Monday in March, and fourth Monday in October. MitchellSecond Mondays in April and October. ATLANTA CIRCUIT. HONS. JOHN D. HUMPHRIES, E. D. THOMAS, E. E. POMEROY, VIRLYN B. MOORE, HUGH M. DORSEY, PAUL S. ETHERIDGE, Judges, Atlanta. JOHN A. BOYKIN, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HON. JOSEPH T. GRICE, Judge, Glennville. J. P. DUKES, Solicitor-General, Pembroke. BryanFirst Mondays in May and November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Monday in May, and first Monday in December. TattnallThird Mondays in April and October.

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AUGUSTA CIRCUIT. HON. A. L. FRANKLIN, Judge, Augusta. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September, and November. BLUE RIDGE CIRCUIT. HON. J. HAROLD HAWKINS, Judge, Marietta. H. G. VANDIVIERE, Solicitor-General, Canton. CherokeeSecond Monday in March, and first Mondays in August and December. CobbThird and fourth Mondays in January, April, and July, and first and second Mondays in November. FanninSecond Mondays in April, August, and December. ForsythFourth Mondays in March and August, and third Monday in November. GilmerThird Monday in May, and second Monday in October. PickensFirst Monday in April, and fourth Monday in September. BRUNSWICK CIRCUIT. HON. GORDON KNOX, Judge, Hazlehurst. W. B. GIBBS, Solicitor-General, Jesup. ApplingSecond and third Mondays in March and October. CamdenFirst Mondays in April and November. GlynnThird Mondays in May and December. Jeff DavisFirst Mondays in March, June, September, and December. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON. C. F. McLAUGHLIN, Judge, Columbus. HUBERT CALHOUN, Solicitor-General, Columbus. ChattahoocheeThird Mondays in March and September. HarrisSecond Mondays in January and July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, May, August, and November. TalbotFirst and second Mondays in March and September. TaylorFirst and Second Mondays in April and October.

Page 2238

CHEROKEE CIRCUIT. HON. C. C. PITTMAN, Judge, Cartersville. J. H. PASCHALL, Solicitor-General, Calhoun. BartowSecond Mondays in January and July, and fourth Mondays in April and October. CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March and September. GordonFourth Mondays in February, May, August, and November. MurraySecond Mondays in February and August. WhitfieldFirst Mondays in January and April, fourth Monday in July, and first Monday in October. CORDELE CIRCUIT. HON. A. J. McDONALD, Judge, Fitzgerald. ALLAN C. GARDEN, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFourth Mondays in March and November and the Monday following each of them; and first Monday in July. COWETA CIRCUIT. HON. LEE B. WYATT, Judge, LaGrange. W. Y. ATKINSON, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Mondays in March and September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in May and November. DUBLIN CIRCUIT. HON. J. L. KENT, Judge, Dublin. J. ROY ROWLAND, Solicitor-General, Wrightsville. JohnsonThird Mondays in March and September. LaurensFourth Mondays in January, April, July, and October. TwiggsFourth Mondays in February and August.

Page 2239

EASTERN CIRCUIT. HON. JOHN ROURKE, Jr., Judge, Savannah. SAMUEL A. CANN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, and December, and last Monday in October. FLINT CIRCUIT. HON. G. OGDEN PERSONS, Judge, Forsyth. FRANK B. WILLINGHAM, Solicitor-General, Forsyth. ButtsFirst and second Mondays in February, and third and fourth Mondays in August. HenryThird and fourth Mondays in March and September. LamarFirst and second Mondays in March, June, September, and December. MonroeThird and fourth Mondays in February, May, and November, and first and Second Mondays in August. GRIFFIN CIRCUIT. HON. WILLIAM E. H. SEARCY Jr., Judge, Griffin. W. H. CONNOR, Solicitor-General, Griffin. FayetteFirst and second Mondays in March and September. PikeThird and fourth Mondays in February and November, fourth Monday in July, and first Monday in August. SpaldingFirst and second Mondays in February and October, and third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August, and first and second Mondays in November. MACON CIRCUIT. HONS. MALCOLM D. JONES, Macon, W. A. McCLELLAN, Macon, Judges. CHARLES H. GARRETT, Solicitor-General, Macon. BibbFirst Mondays in February and November, and third Mondays in April and July. CrawfordThird Mondays in March and October. HoustonThird Mondays in January, May, and September. PeachFirst Mondays in January, May, and September. MIDDLE CIRCUIT. HON. R. N. HARDEMAN, Judge, Louisville. W. H. LANIER, Solicitor-General, Metter. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July, and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in May and November. WashingtonFirst Mondays in March and September.

Page 2240

NORTHEASTERN CIRCUIT. HON. B. P. GAILLARD Jr., Judge, Gainesville. ROBERT McMILLAN, Solicitor-General, Clarkesville. DawsonThird Monday in March, and first Monday in August. HabershamFirst Mondays in March and June, second Monday in August, and fourth Monday in November. HallThird Monday in January, first Monday in May, third Monday in July, and first Monday in November. LumpkinThird Mondays in April and October. RabunFourth Mondays in February and August, and third Monday in November. StephensSecond Mondays in May and November. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. BERRY T. MOSELEY, Judge, Danielsville. A. S. SKELTON, Solicitor-General, Hartwell. ElbertSecond Mondays in March and September. FranklinThird Monday in January, fourth Monday in March, first Monday in August, and fourth Monday in September. HartFourth Mondays in February and August, and first Monday in December. MadisonFirst Mondays in March and September. OglethorpeThird Mondays in March and September. OCMULGEE CIRCUIT. HON. JAMES B. PARK, Judge, Greensboro. C. S. BALDWIN Jr., Solicitor-General, Madison. BaldwinSecond Mondays in January and July. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September. JasperSecond Mondays in February, August, and November. JonesThird Mondays in April and October. MorganFirst Monday in March, June, September, and December. PutnamThird Mondays in March and September. WilkinsonFirst Mondays in April and October.

Page 2241

OCONEE CIRCUIT. HON. ESCHOL GRAHAM, Judge, McRae. M. H. BOYER, Solicitor-General, Hawkinsville. BleckleyFirst Monday in March, and second Mondays in July and November. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerFourth Mondays in March and September, and the Monday following each. OGEECHEE CIRCUIT. HON. WILLIAM WOODRUM, Judge, Millen. WILLIAM G. NEVILLE, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenThird Mondays in May and November. PATAULA CIRCUIT. HON. CHARLES W. WORRILL, Judge, Cuthbert. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and September. EarlyFirst Mondays in April and October. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleThird Mondays in April and October. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. CLIFFORD PRATT, Judge, Winder. B. FRANK SIMPSON, Solicitor-General, Norcross. BanksThird Monday in March, and second Monday in November. BarrowThird Mondays in January, April, July, and October. GwinnettFirst Mondays in March, June, September, and December. JacksonFirst Mondays in February and August.

Page 2242

ROME CIRCUIT. HON. CLAUDE H. PORTER, Judge, Rome. J. RALPH ROSSER, Solicitor-General, LaFayette. ChattoogaFirst Monday in February, fourth Monday in May, and second Monday in September. FloydSecond Mondays in January, April, July, and October. WalkerThird Mondays in February and August, and first Mondays in May and November. SOUTHERN CIRCUIT. HON. WILLIAM E. THOMAS, Judge, Valdosta. GEORGE R. LILLY, Solicitor-General, Quitman. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in April and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM M. HARPER, Judge, Americus. E. L. FORRESTER, Solicitor-General, Leesburg. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in April and October. StewartThird Mondays in April and October. SumterFourth Mondays in May and November. WebsterFirst Mondays in April and October. STONE MOUNTAIN CIRCUIT. HON. JAMES C. DAVIS, Judge, Stone Mountain. ROY C. LEATHERS, Solicitor-General, Decatur. ClaytonThird Mondays in February, May, August, and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, and October.

Page 2243

TALLAPOOSA CIRCUIT. HON. JAMES R. HUTCHESON, Judge, Douglasville. HAL C. HUTCHENS, Solicitor-General, Dallas. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August. TIFTON CIRCUIT. HON. R. EVE, Judge, Tifton. W. C. FOREHAND, Solicitor-General, Sylvester. IrwinFourth Mondays in March and September. TiftFirst Mondays in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Lincolnton. J. CECIL DAVIS, Solicitor-General, Warrenton. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. McDuffieFirst Mondays in March, June, September, and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in January, April, July, and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. M. D. DICKERSON, Judge, Douglas. JOHN S. GIBSON, Solicitor-General, Douglas. BaconThird Mondays in May and November. BrantleyFirst Monday in June, and fourth Monday in November. CharltonFirst Mondays in March and October. CoffeeSecond and third Mondays in March and October. PierceSecond Mondays in April and November. WareFirst and second Mondays in May and December.

Page 2244

WESTERN CIRCUIT. HON. BLANTON FORTSON, Judge, Athens. HENRY H. WEST, Solicitor-General, Athens. ClarkeFirst Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

Page 2245

INDEX A AGED PERSONS Public assistance to 311 , 321 Tax levies for; constitutional amendment 1124 , 1126 AGRICULTURE Appropriation for Department of 43 , 62 Conservation and adjustment 538 Federal legislation, assent to 2186 ALBANY Bonded debt increase, for waterworks 7 Constitutional amendment relating to 8 Election referendum 1475 ALCOHOLIC BEVERAGES Control, act relating to 547 ALEXANDER STEPHENS INSTITUTE Charter 1457 AMENDMENTS See Constitution. AMERICUS Charter AmendmentsReferendum 1480 ANIMALS See Game; Goats. APPROPRIATIONS See Resolutions. Bank of Gray 2184 Blind persons, factory for 579 Cancer prevention and cure 587 Cattle disease 591 Cigar and cigarette tax applied 78 Comptroller-general; back salary 73 Confederate soldiers and widows 108 General, for period ending June 30, 1937 42 General, for two years ending June 30, 1939 54 Jefferson Park 2185 Milledgeville State Hospital debt 72 Treasurer; back salary 73 ARNOLD, M. C. Relieved as surety 2219 ASSESSMENTS See Taxation.

Page 2246

ATHENS Charter Amendments 1492 Pension Fund 1496 ATHLETIC COMMISSION Act creating 405 ATLANTA Bonded debt; refunding bonds 13 Charter amendments 1497 Educational tax; constitutional amendment 18 Officersvacancies 1500 Temporary loans 14 Pension to Mrs. Cook 1502 TaxesWater charges 1502 ATLANTA MUNICIPAL COURT DeKalb section 1143 Judges' salaries 1147 AUDITING DEPARTMENT Appropriations for 43 , 60 AUDITOR OF THE STATE Evidence, power to compel 421 AUGUSTA Mayor's tenure 1514 AUTOMOBILE See Motor-vehicles. B BACON COUNTY Commissioner's pay 1237 BAILIFFS Special criminal, in specified counties 498 BALDWIN COUNTY Sheriff's bondamount 1239 BANK OF GRAY Appropriation for 2184 BANKING DEPARTMENT Appropriations for 43 , 60 BANKS See Depositories. Loans on realty, amending law as to 423 Examinations and reports; amending act 425 Stockholders' liability, amending law as to 429

Page 2247

BANKS COUNTY Sheriff's bondamount 1239 BARBERS, BEAUTICIANS, HAIRDRESSERS Act regulating business of 564 BARROW COUNTY Board of commissioners created 1240 BARTOW SUPERIOR COURT Four annual terms 1105 BENEFIT SOCIETIES See Fraternal Benefit Societies. BEN HILL COUNTY Commissioners' chairmanrepeal referendum 1247 Sheriff's bond reduced 1249 BERRIEN COUNTY Commissioners' districts 1250 Sheriff's bond reduced 1252 BIBB COUNTY Commissioners' pay increase 1252 Division of Training School for Girls 682 BIRDS See Game. BLACKSHEAR CITY COURT Accusations 1148 BLAIRSVILLE CITY COURT Established 1149 BLAKELY CITY COURT Election of judge and solicitor 1166 BLECKLEY SUPERIOR COURT Three terms each year 1107 BLIND PERSONS Factory for 579 Needy, taxes for aid of 568 , 1124 , 1126 BLUE RIDGE CIRCUIT See Court Calendar. Salary of solicitor-general 1462 BOARD OF CONTROL Appropriation for 52 BOARD OF EDUCATION See Education; also County and Municipal Laws.

Page 2248

BONDS See Constitution; also County and Municipal Local Acts. Refunding, by counties and districts 869 BOSTON Conveyance for school 1514 BOWDON Charter amendments 1515 BOXING, SPARRING, WRESTLING EXHIBITIONS Regulation of 405 BRANTLEY COUNTY Commissionersroads 1253 Tax-commissioner's bond 1254 BROWN, J. E. Relieved as surety 2221 BRUNSWICK Charter amendments 1517 Street or road duty or tax not required 1521 BRUNSWICK CITY COURT Elections of judge and solicitor 1167 Salaries 1168 BRYAN COUNTY Commissioners' salaries 1255 County-site removed 1258 Treasurer's salary increase 1259 BUFORD Charter amendments 1522 BUILDING Codes and regulations 583 BULLOCH COUNTY Commissioners' salaries 1259 Tax-commissioner 1261 BURKE COUNTY Sheriff's bondamount 1265 Tax-commissioner's pay 1266 BURSON, J. H. Credit as tax-collector 2228 BUTLER Registration of voters 1525

Page 2249

C CAIRO Electionsregistration 1528 Electricity powers 1530 CAIRO CITY COURT Judge's salary 1170 CANCELLATIONS Executions against sureties on bonds 2188 , 2219-2225 Lease to Dixie Terminal Company et al. 2204 CANCER Prevention and cure 587 CANDIDATES See General Assembly. CARRIERS See Motor Common Carriers. CARTERSVILLE City charter 1532 CARTERSVILLE CITY COURT Amendments 1171 CATOOSA COUNTY Tax-commissionerreferendum 1267 CATTLE DISEASE Amending act 591 CEDARTOWN City Charter 1595 Water and Light Notes 1670 CHAIN-STORES Taxation of 75 CHARGE TO JURY Exceptions to errors 592 CHARTIES Amendment of Code 430 Hospitals, county authority for 689 Trusts, regulation of 593 CHARLES City charter 1672 CHARLTON COUNTY Sheriff's bond reduced 1271 , 1272

Page 2250

CHATHAM COUNTY License taxes 1272 Pension board 1273 Retirement pay; constitutional amendment 16 Special tax 1282 CHATSWORTH Real estate 1677 CHATTAHOOCHEE COUNTY Board of commissioners 1283 CHATTOOGA COUNTY Commissioners 1289 CHAUNCEY Prisoners 1678 CHILDREN Act regulating assistance to 630 Hospital service for 688 Tax levies for aid of 1126 CIGARS AND CIGARETTES License and Tax 83 CITIES AND TOWNS See Municipalities. CITY, COUNTY, AND MUNICIPAL COURTS Local acts relating to 1143 CIVIL SERVICE Board for city, act creating 594 Joint legislative committee 2189 Teachers and school employees, provision for 879 CLERK OF SUPERIOR COURT Salary for, in specified counties 604 CLINCH COUNTY Commissioners' terms 1292 CLINCH COUNTY COURT Abolished 1182 CLINCH SUPERIOR COURT Three terms each year 1107

Page 2251

CODE AMENDMENTS AND REPEALS Acts tabulated 420 See also Code sections changed or repealed in Acts under general laws relating to various matters including Education; Fraternal Benefit Societies; Guardians; Labor Department; Life Insurance; Motor Carriers; Public Safety; Taxation; Trade-Name Registration; Veterinarian. COFFEE COUNTY Commissioner 1294 Commissionersact of 1931 repealed 1303 Commissioneract of 1935 repealed 1304 Tax-collector 1301 Tax-receiver 1302 COLLEGE PARK City-manager referendum 1679 Electionsvoters 1685 COLQUITT Charter amendments 1694 COLQUITT COUNTY CITY COURT Solicitor's salary 1183 COLUMBUS Pension system 1699 Territory extended 1702 COMMERCE AND LABOR Appropriations for 47 , 61 COMPENSATION See Unemployment; Workmen's Compensation. COMPETITION UNLAWFUL See Trade-Names. COMPTROLLER-GENERAL Appropriations for department 43 , 57 Back salary 73 Substitute if incapacitated 608 Suspension from office 431 , 2198 CONDEMNATION Petroleum pipe-lines 432 Pits, ditches, drainage 433 CONFEDERATE SOLDIERS Pensions for widows 1118 CONSERVATION See Agriculture; Forestry; Soil Conservation.

Page 2252

CONSTITUTION Albany waterworks 8 Amendments proposed 1 , 1114 Atlanta, refunding bonds 13 Chatham county retirement fund 16 Extraordinary sessions of General Assembly 1114 Glynn county zoning law 24 Highway patrol law 1116 Pensions to widows 1118 Richmond county loans 26 Sesquicentennial commission, designation of 2191 Swainsboro city bond issue 24 Tax exemption of homesteads 1122 Tax exemption of personal property 38 Tax levies for assistance to aged, blind, and dependent persons 1126 Tax levy by counties, additional 1128 Tax levy for Ware county promotion 1129 Tax levy for Waycross promotion 1131 Zoning and planning law in cities and counties 1132 , 1135 , 1137 , 1139 CONTRACTORS Regulations as to roads and streets 774 CONVICTS See Prison Commission. COOK COUNTY Sheriff's bondamount 1306 CO-OPERATIVE ASSOCIATION See Electricity. Amending law as to 473 CORDELE Territorial limits 1704 CORNELIA Water systemsales 1705 CORONER Jury and Stenographer 611 Salary in specified counties 435 CORPORATIONS See Banks; Electricity; Insurance. Dissolution, amendment of law as to 437 COSTS Divorce cases 638 COTTONSEED OIL Excise tax on, protest of 2190

Page 2253

COUNTIES See Counties and County Matters under Local Laws; Pensions. Board of education, election of 441 Board of public welfare 612 Co-operation with municipalities 439 Educational tax proposed 18 Garbage disposal, authority for 679 Hospitals charitable, authority for 689 Revenue certificates, authority for 761 Richmond county loans; constitutional amendment 26 Road regulations 780 Roads added to highway system 903 et seq. Sanitary regulations 782 Sanitationcondemnation for 785 Tax levies; limitation for 444 Tax levy additional; constitutional amendment 1128 Tax-sale purchases 446 COUNTY COURTS Local acts relating to 1143 COUNTY OFFICERS Salaries of 614 , 616 , 619 COUNTY TREASURY Officers' payments to 620 COURT OF APPEALS Appropriations for 50 , 58 Judges Emeritus, act creating positions 1101 COURTS See City, County, and Municipal Courts; Superior Courts; also local acts relating to Municipal Corporations. CONVINGTON Commissionreferendum 1707 Elections 1718 COWETA COUNTY Tax-commissioner 1306 CRABS Tax on sales of 622 D DALTON City officers 1723 School-tax referendum 1729 Zoning and planning laws 1137

Page 2254

DANCE-HALLS, etc. County permit and tax 624 , 625 DAWSON Business license taxstreets 1730 School commissioners' pay 1731 DECATUR COUNTY Tax-commissioner's salary 1309 DeKALB COUNTY Primary elections 1311 Taxation for sanitation and water; constitutional amendment 20 DEMOREST Charter amendments 1732 DENTISTRY Amendment of law as to practice 627 School of, at university 2193 DEPARTMENTS OF GOVERNMENT See Appropriations. DEPENDENT CHILDREN See Children. DEPOSITORIES OF THE STATE Appointment by Governor 499 Tignall, addition of 500 DIVORCE Payment of clerk's fees 638 DIXIE TERMINAL BUILDING COMPANY Lease cancellation and forfeiture 2204 DODGE COUNTY Primary elections 1311 , 1312 Tax-commissioner's salary 1317 Treasurer's bond 1314 Warrants, etc.act of 1935 repealed 1315 DOOLY COUNTY Sheriff's bond reduced 1318 DOUGLAS COUNTY Sheriff's bond reduced 1319 DOUGLASVILLE Town charter 1737

Page 2255

DOWER See Year's Support. Bar of application by sale 450 DUBLIN Added bond debt; constitutional amendment 22 City charter 1771 Mayorrepealing act 1819 E EASTMAN Charter 1819 EAST POINT Liquor regulation 1873 EAST THOMASTON Territorial limits 1875 ECHOLS COUNTY Commissioners' bonds 1320 Commissioners' bondsact of 1935 repealed 1321 EDUCATION See Local acts; School Corporations and School District. Atlanta tax for; constitutional amendment 18 Bond debt, power to refund 869 Borrowing of money authorized 878 Civil service for teachers, act providing 879 Code of school laws amended 880 Election of board in specified counties 441 Equalizing opportunities; public policy act 882 Federal-aid law favored 2193 Regents of the University, trust fund investment 901 Retirement fund for teachers, act authorizing 892 Text-books, adoption and listing of 896 State Board established 864 EDUCATIONAL DEPARTMENT Appropriations for 44 , 68 EFFINGHAM COUNTY Electrical examinersroad districts 1322 EGGS Marketing regulations 639 ELBERT COUNTY Tax-commissioners' pay 1323

Page 2256

ELECTIONS Ballots; repeal of act of 1933 451 Constitutional amendments, for or against ratification of 7-41 June general State election 705 Primary elections in cities 755 ELECTRICITY Membership corporations, rights and powers of 645 ELEEMOSYNARY INSTITUTIONS Appropriation for 52 , 83 EMANUEL COUNTY Commissionerselection of clerkreferendum 1324 EMBLEMATIC TREE Live Oak designated as 2209 EMINENT DOMAIN See Condemnation. EMPLOYMENT OFFICE Appropriation for 61 ENGINEERING Practice of profession regulated 294 ENTOMOLOGY Act of 1937, duties and powers under 659 Appropriations for department 45 , 63 Repeal of Code sections 660 EUGENICS State Board of 414 EVIDENCE Coroner's inquests 611 State Auditor's power to obtain 421 EXECUTIONS See Taxation. Cancellation of, against sureties on bond 2188 , 2219-2225 EXECUTIVE DEPARTMENT Operations 208 EXEMPTIONS See Taxation. F FANNIN COUNTY Commissionelection 1327 Commissioner's pay 1329

Page 2257

FEDERAL LAWS See Government Departments. Agricultural legislation, assent to 2186 State co-operation with 688 , 697 Harrison-Black-Fletcher bill favored 2193 FEEDING-STUFF Fee on registration 453 Penalties, refunds, etc. 454 FISCAL YEAR Changed; begins on July 1 450 FISH Fishing license and regulations 675 Tax on seafood, and regulations 671 FLOWERY BRANCH Charter 1877 FORESTRY Appropriations for department 45 , 64 Division of Natural Resources Department 265 Federal acquisition of forests 458 FORSYTH Light and water systemelection as to sale 1905 FORSYTH SUPERIOR COURT Three terms each year 1108 FRANCHISE See Roads and Streets. FRANKLIN COUNTY Tax-commissioner's pay 1330 FRATERNAL BENEFIT SOCIETIES Act of 1914 amended 677 FOOTBALL Approval of game; committee 2194 FULTON COUNTY Commissioners' electionsspecification by candidates 1332 Commissionersremovalrecall election 1333 Educational tax proposed for 18 Senatorial district; constitutional amendment 28 FUTCH, MRS. MATTIE EVA Payment to, by county, directed 2195

Page 2258

G GAINESVILLE Charter powers 1908 GAME See Fish. Birds and animals; storage license 678 GAME AND FISH DEPARTMENT Appropriation for 45 GARBAGE DISPOSAL County authority 679 GENERAL ASSEMBLY Appropriations for 51 , 59 Candidates for; specification 590 Extraordinary session; constitutional amendment 1114 Recess and reconvention resolutions 2196 , 2197 GEOLOGY Appropriations for department 45 , 64 Division of Natural Resources Department 265 GEORGIA TRAINING SCHOOL FOR GIRLS Bibb county division 682 GLYNN COUNTY Board of commissioners abolished 1335 Board of commissioners created 1336 Tax-commissioner's salaryclerical help 1341 Zoning law; constitutional amendment 24 GOATS Prohibited at large, in certain counties 683 GORDON COUNTY See Sunshine Health Center. GOVERNMENT See Roads and Streets. Departments established 208 GOVERNOR Appropriations for 45 , 55 Mansion repairs and replacements 2213 GRIFFIN Charter amendments 1910 Street-tax referendum 1916 GUARDIANS Veterans and minors; law amended 684

Page 2259

GWINNETT CITY COURT Established 1184 GWINNETT COUNTY Commissioners' pay 1343 H HALL COUNTY Commissionersamendments 1344 HAMILTON, GEORGE B. See Appropriations. Back salary 73 Disapproval of suspension 2197 HAPEVILLE Charter amendments 1918 HARALSON COUNTY Tax-commissioner's pay 1346 HARRISON, WILLIAM B. See Appropriations. Back salary 73 Disapproval of suspension 2198 HEALTH Co-operation, State and Federal 688 Maternal and child health service 688 HEALTH DEPARTMENT Appropriations for 48 , 68 HEARD COUNTY Commissioner 1347 HIGHWAYS Acts tabulated 903 Appropriations for department of 46 , 66 Debt certificates, transfer of 907 , 909 Funds allocated to 166 Jefferson Davis Highway designated 2199 Patrol, for law enforcement; constitutional amendment 1116 State Board abolished 905 State Board created 906 Streets as part of State-aid system 1081 Thomas E. Watson Highway designated 2200 U. S. Post-Roads Division, act creating 912 William H. Crawford Highway designated 2202 HOMERVILLE City charter 1921

Page 2260

HOMESTEAD Exemption from taxation; constitutional amendment 1122 HOSPITALS Charitablecounty authority 689 Servicenon-profit corporations 690 HOUSING Co-operation with Federal authorities 697 Legislative investigating committee 2217 HOUSING AUTHORITIES Department established 210 HOUSTON COUNTY Sheriff's bond reduced 1351 I INCOME TAX See Taxation and Taxes. Amendments of previous laws 109 INDUSTRIAL RELATIONS DEPARTMENT Appropriations for 47 , 61 INSURANCE See Unemployment Compensation. Capital stock; amending law 459 Commissioner's investigation 702 Deposits, amending law as to 461 Fraternal benefit societies; amending law 677 Investments, amending law as to 462 Life-policy contracts 702 Liquidation, preference on 705 Plate-glass 704 Policy, assignments of 705 INTEREST Instalment loans, amending law as to 463 INTERSTATE CO-OPERATION Committee, establishment of 708 INTOXICATING LIQUORS See Alcoholic Beverages; Malt Beverages; Wine. J JACKSON COUNTY Sheriff's bond reduced 1351 JASPER COUNTY Tax-commissioner's pay 1352

Page 2261

JEFFERSON COUNTY Commissioners' bonds 1354 Sheriff's bond reduced 1355 JEFFERSON DAVIS HIGHWAY Resolution designating 2199 JEFFERSON DAVIS PARK Appropriation for 2185 JOHNSON COUNTY Ordinary and clerkpay 1355 JONESBORO Charter amendments 1972 JONESBORO CITY COURT Practice 1191 JUDGES See Court of Appeals; Superior Courts; Supreme Court. Rules of practice, act repealing 464 JUDICIARY Appropriations for 50 , 58 JURIES AND JURORS See Coroners. Commissioners' and clerks' pay 714 Drawing and summoning; amending act 466 Judges' instructions to 465 , 592 JURISDICTION See Motor-Vehicles. K KIDNAPPING Punishment of 489 L LABOR DEPARTMENT Appropriations for 47 , 61 Established 230 Unemployment compensation law 806 LAMAR COUNTY Sheriff's bondamount 1357 LANIER COUNTY Commissioners 1358 LAURENS COUNTY Sheriff's bond reduced 1362

Page 2262

LAVONIA Candidates for office 1976 LAW DEPARTMENT Appropriations for 47 , 59 LEASE COMMISSION Cancellation and forfeiture 2204 LEGISLATIVE DEPARTMENT Appropriations for 51 , 59 LEGISLATURE See General Assembly. LIBERTY COUNTY Commissioners' residence 1363 LIBRARIANS Certification board created 245 LIBRARIES Government of; amending law 715 LIBRARY COMMISSION Appropriations for 47 , 69 LIBRARY OF THE STATE Appropriations for 47 , 60 Law books to several counties 2206-2208 LICENSES See Contractors; Motor-vehicles; Taxation. LIFE-INSURANCE See Insurance. LINCOLN COUNTY Treasurer's bond premium 1363 LIQUORS See Alcoholic Beverages; Malt Beverages; Wine. LIVE OAK Emblematic tree designated 2209 LIVE STOCK Regulations of buying and selling 716 Twin States Association recommended 2231 LOANS See Interest. LOGAN E. BLECKLEY Highway in Rabun county 2200 LONG COUNTY Sheriff's bond reduced 1365

Page 2263

LOWNDES COUNTY Sheriff's bond reduced 1365 LULA SCHOOL DISTRICT Territorial limits 1460 LUMPKIN COUNTY Commissioners 1366 LYONS CITY COURT Amendments 1193 M MACON Electionsauditorium 1977 Fire employeeshours 1979 Retirement pensions 1981 Water commissionershospital commission 1983 MACON CIRCUIT Office of assistant to solicitor-general 1464 MACON COUNTY Commissioners' pay 1368 MACON MUNICIPAL COURT Amendments 1195 MADISON COUNTY Commissionersadvisory boardattorney 1369 MALT-BEVERAGES Tax Law of 1935 amended 148 MARION COUNTY Board of commissioners 1374 , 1375 MARKETS Eggs, regulations of marketing 639 Feeding-stuff, acts relating to 453 , 454 MASSEY, JOHN M. Relieved as surety 2222 MATTRESSES Sanitary regulations 719 McDUFFIE COUNTY Treasurybond required 1380 McINTOSH COUNTY Sheriff's bond reduced 1382

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McINTYRE Territory referendum 1985 MIDVILLE Taxing powers 1986 MILITARY DEPARTMENT Appropriations for 47 , 61 MILK Regulations and tax 725 MILK CONTROL BOARD Act creating 247 MILLEDGEVILLE School-tax referendum 1988 MILLEDGEVILLE STATE HOSPITAL Appropriation for debt of 72 MINES AND MINING Appropriation for 64 Division of Natural Resources Department 265 MINORS See Guardians. MITCHELL COUNTY Sheriff's bond reduced 1382 Tax-collector and receiver 1383 MONROE COUNTY Sheriff's bond reduced 1386 MONTGOMERY COUNTY Board of commissioners 1387 MORTGAGES Record, limitation of notice by 760 MOTOR-BUSES, TRUCKS AND TRAILERS Maintenance tax and registration 155 MOTOR-CARRIERS Certificates and insurance 727 MOTOR COMMON CARRIERS Amending act as to 730 Fees on registration; amending act 469 MOTOR-FUELS Taxation and regulation of 167

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MOTOR-VEHICLES See Taxation. Automobile license tags, extension of time for buying 2187 Non-residents; jurisdiction in State courts 732 Sales regulated 735 MOULTRIE City charter 1990 MUNICIPAL COURTS Local acts relating to 1143 MUNICIPALITIES See Constitution; also Local Acts relating to. Civil service board 594 Co-operation with counties 439 Pensions of employees; amending law 744 Planning laws. See Zoning, infra.. Revenue certificates, authority for 761 Roads added to highway system 903 et seq. Sales to, by officers 471 Zoning and planning; constitutional amendments 1132 , 1135 , 1137 , 1139 MURPHY, J. H. Relieved as surety 2223 MUSCOGEE COUNTY Primary-election act repealed 1393 Sheriff's bondamount 1394 N NATURAL RESOURCES DEPARTMENT Act creating 264 Appropriations for 64 NAVAL STORES INSPECTION Appropriations for 48 , 65 NEWNAN Charter amendments 2028 NEWTON COUNTY Treasurer's salary and bond 1394 NEW YORK WORLD'S FAIR Committee authorized 2210 NON-PROFIT CO-OPERATIVE ASSOCIATIONS Amending law as to 473 Electric membership corporations 644 Hospital service 690

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NON-RESIDENTS See Motor-Vehicles. NOTICE See Mortgages; Prescriptive Title. O OCONEE CIRCUIT See Court Calendar. Solicitor-general's added compensation 1466 OFFICERS See Comptroller-General; Governmental Departments; General Laws passim; Municipalities. Suspension council, act relating to 431 OGLETHORPE CITY COURT Election of judge and solicitor 1198 OIL INSPECTORS See Petroleum. Amending and repealing acts 475 OLD AGE ASSISTANCE Acts relating to 311 , 321 P PARKS, HISTORIC SITES AND MONUMENTS Division of Natural Resources Department 265 PAULDING COUNTY Law books to be furnished 2206 PEACH COUNTY Sheriff's bond reduced 1395 PEACH SUPERIOR COURT Three terms each year 1109 PENSIONS County employees, permanent fund for 738 Municipal employees; amendment of act of 1935 744 Widows of Confederate soldiers; constitutional amendment 1118 PERRY City charter 2029 PERSONAL PROPERTY See Taxation. PETROLEUM Oils, amending law as to 477 Pipe-lines, condemnation of property for 432 PHARMACISTS Registration fee; amending act 480

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PHOTOGRAPHERS Licensing and regulatory laws 280 PHOTOGRAPHIC EXAMINERS Board created 280 PICKENS SUPERIOR COURT Two terms each year 1110 PIERCE COUNTY Commissioners 1396 , 1397 PIKE COUNTY Sheriff's bond reduced 1405 PINE MOUNTAIN RECREATIONAL PROJECT Conveyance of interest in land 2211 PLANNING See Zoning and Planning. PLANNING BOARD Act creating 291 Appropriations for 66 PLATE-GLASS See Insurance. PLATS Record and reference, effect of 746 PLUMBERS Regulations of 748 POWELL, J. G. S. Relieved as surety 2222 POWERS OF SALE Exercise of, amending law as to 481 PRACTICE OF LAW Defined and limited; amending act 753 PRESCRIPTIVE TITLE Limitation; actual or constructive notice 755 PRIMARY ELECTIONS See Elections. PRISON COMMISSION Appropriations for 48 , 66 Convicts, direction and control of 758 Membership, salary increase 483 PRISON MADE GOODS Sales prohibited 484

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PROBATION OFFICERS Amending law as to 485 PROFESSIONAL ENGINEERING Regulations of practice 294 PROPERTY CLASSIFICATION See Taxation and Taxes. PUBLIC ASSISTANCE Aged persons 311 , 321 PUBLIC HEALTH See Health Department. PUBLIC-SAFETY COMMISSION Appropriation for 66 PUBLIC-SAFETY DEPARTMENT Act creating 322 PUBLIC-SERVICE COMMISSION Appropriations for 48 , 62 Fees of Motor common carriers 469 PUBLIC WELFARE See Welfare Department. County board of 612 PULASKI COUNTY Ordinary's bond and pay 1406 PUNISHMENT Kidnapping, amending law as to 489 Robbery, amending law as to 490 PURCHASES See Municipalities; Supervisor of Purchases. Q QUITMAN Board of education 2084 QUITMAN CITY COURT Accusations; juries 1200 , 1201 R RADIO COMMISSION Established 371 RAGAN, L. C. Relieved as surety 2225 REAL ESTATE Platseffect of record and reference 746

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RECORDS See Mortgages; Plats. REDEMPTION OF PROPERTY After tax sale 491 REGENTS See University System. REGISTRATION See Trade-Names. REPAIRS AND REPLACEMENTS See Governor's Mansion. RESOLUTIONS Amendments to constitution proposed by 1114 Miscellaneous subjects 2183 REVENUE CERTIFICATE LAW Authority to counties and municipalities 761 REVENUE COMMISSION Appropriations for 48 , 60 Delinquent tax collections 497 RICHMOND COUNTY Board of educationpay 1408 Law books furnished 2208 , 2209 Loans; constitutional amendment 26 Regulation of teachers 1409 ROADS AND STREETS See Highways; also County and Municipal local laws. Condemnation for pits, ditches, etc. 433 Contracting regulated 774 Franchise in city 502 Regulations by counties 780 ROBBERY Punishment of 490 ROME Charter amendments 2086 RULES OF SUPERIOR COURTS Repealing act as to 464 S SAFETY See Public-Safety Commission. SALES See Powers of Sale; Prison Made Goods. SANITATION See Counties; Mattresses.

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SAVANNAH Armstrong College Commission 2090 Board of education pension system 2094 Taxing powers 2095 SAVANNAH MUNICIPAL COURT Amendments 1203 SAVANNAH RIVER DAM Resolution recommending 2214 SCHLEY COUNTY Commissioners' clerk's pay 1413 SCHOOLS See Alexander Stephens Institute; Education; Lula School District. SEAFOOD Regulation and taxation of 671 SECRETARY OF STATE Appropriations for 49 , 57 SECURITIES COMMISSION Amendment of laws relating to 787 SENATORIAL DISTRICT Fulton county ereated as 28 SESQUICENTENNIAL CONSTITUTIONAL COMMISSION Resolution for designation of 2191 SOIL CONSERVATION Act declaring necessity for 377 Erosion control, resolution relative to 2216 SOLICITORS-GENERAL Assistant for, instead of special criminal bailiff 790 Assistant in Macon circuit 1464 Local acts relating to salaries, etc. 1462 SOPERTON Recorder, office created 2099 SOPERTON CITY COURT Salaries; solicitor's qualifications 1210 STATE HIGHWAY DEPARTMENT See Highways. STATE PLANNING BOARD See Planning Board. STATE TREASURER See Treasurer of the State.

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STATESBORO CITY COURT Solicitor's salary 1212 STEAM-FITTERS Regulation of 748 STENOGRAPHERS See Local Acts. Coroners' inquests, evidence on 611 STEPHENS COUNTY Commissionersact repealed 1415 Board of commissioners created 1415 STEPHENS COUNTY CITY COURT Established 1214 , 1230 STEPHENS SUPERIOR COURT Two terms each year 1111 STERILIZATION State Board of Eugenics created 414 STOCKHOLDERS See Banks. STREET-RAILROADS See Trackless Trolleys. STREETS See Roads and Streets. SUMTER COUNTY Primary election candidates 1422 SUNSHINE HEALTH CENTER Approval of work in Gordon county 2218 SUPERIOR COURTS Acts changing terms of 1105 Appropriations for 49 , 58 Clerk, salary for, in specified counties 604 Rules of practice, act repealing 464 SUPERVISOR OF PURCHASES Amending law as to 503 SUPREME COURT Appropriations for 50 , 58 Designation of Judges instead of Disqualified Justices 33 Deputy clerk's salary 449 Justices Emeritus, act creating positions of 1101 SURETIES Resolutions relieving from liability 2219-2225

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SURF-BATHING Amending act as to 515 SWAINSBORO Bond issue; constitutional amendment 34 Temporary loans 36 SWAINSBORO CITY COURT Salaries 1231 SYLVANIA Streetspowers conferred 2101 T TALLAPOOSA School systemtaxation 2103 TATTNALL PRISON COMMITTEE Lease of prison, authority for 2227 Legislative committee authorized 2225 , 2226 TAXATION AND TAXES Alcoholic beverages, control and licensing of 547 Assessments by counties; amending act 517 Assistance to aged, blind, and dependent persons; constitutional amendment 1124 , 1126 Atlanta educational tax; constitutional amendment 18 Chain-store tax 75 Cigar and cigarette license and tax 83 Classification of property for 39 Committee to recommend system 2230 Cottonseed oil excise tax, protest of 2190 Counties, additional levy by; constitutional amendment 1128 Crabs, tax on sales of 622 Dance-halls, county tax on 624 , 625 DeKalb county; constitutional amendment 20 Delinquent or defaulted, collection of 497 Discount on sale; liens and rights 795 Exemption of personalty 38 Homesteads, how far exempt from; constitutional amendment 1122 Income-tax law amended 109 Malt-beverage tax law amended 148 Motor-buses, trucks, trailerstax and registration 155 Motor-fuel tax law 167 Notices by mail 524 Redemption of property after sale 491

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Seafood, regulation and taxation of 671 Ware county promotion fund 1129 Waycross promotion fund 1131 Wines; license tax 851 TAX-COLLECTORS Deputies' powers 792 TAYLOR COUNTY Sheriff's bond reduced 1423 TAYLORSVILLE Town charter 2121 TEACHERS See Education. TECHNOLOGY, GEORGIA SCHOOL OF Radio station taken over by State 371 TERRELL SUPERIOR COURT Two terms each year 1112 TEXT BOOKS FOR SCHOOLS See Education. THOMAS COUNTY Code of Georgia furnished 2208 THOMAS E. WATSON Highway designated 2200 THOMASTON Territorial limits 2136 THOMASVILLE Charter amendmentsreferendum 2139 TIFTON Charter amendments 2153 TIFTON CIRCUIT Solicitor-general's salary fixed 1467 TITLE See Dower; Prescriptive Title; Year's Support. TRACKLESS TROLLEYS Authority for substituting; municipal consent 798 TRADE NAMES Protection against unlawful competition 800 Registration 804

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TRAILERS See Motor-Buses. TRAINING SCHOOL See Georgia Training School. TREASURER OF THE STATE Appropriations for 49 , 58 Back salary 73 Substitute if incapacitated 608 TRUSTS Charitable, law regulating 593 TUBERCULAR SANITARIUM Battle Hill, committee on tender of gift 2230 TURNER COUNTY Sheriff's bond reduced 1423 TWIGGS COUNTY Law books furnished 2208 Tax-commissioner's pay 1424 TWIN STATES LIVE-STOCK ASSOCIATION Resolution to encourage 2231 TY BEE Charter amendments 2161 U UNEMPLOYMENT COMPENSATION LAW Division of Department of Labor 806 UNION COUNTY Tax-commissionerreferendum 1426 Treasurershipreferendum 1432 UNITED STATES COLD STORAGE CORPORATION Lease cancellation and forfeiture 2204 UNIVERSITY SYSTEM Appropriations for 52 , 69 Board of Regents, amending law as to 526 Dentistry school, establishment requested 2193 Deposit of documents and papers 2232 Trust fund investment by regents 901 V VALDOSTA Educational tax allocation 2163 Tax-appraisers 2164 TerritoryAirport 2165

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VETERANS See Confederate Soldiers; Guardians. VETERANS' SERVICE OFFICE Appropriations for 52 , 62 VETERINARIAN See Agricultural Department. Act of 1935 repealed 849 Office established 850 W WARE COUNTY Tax levy for promotion; constitutional amendment 1129 WARRENTON Candidates for election 2168 Marshal's election 2169 WASHINGTON COUNTY Commissioner's pay 1437 Council act repealed 1438 County council created 1439 Tax-commissioner's pay 1446 WAYCROSS Commissioners, referendum 2170 Tax levy for promotion fund; constitutional amendment 1131 WAYNE COUNTY Tax-commissioner's pay 1447 WAYNESBORO Electionsvoters 2172 Water, electricity, sewerage 2175 WELFARE DEPARTMENT Aged persons, assistance of 311 , 321 Blind needy persons, law for aid of 568 Functions 355 Powers 370 WEST, I. I. Relieved as surety 2223 WESTERN AND ATLANTIC RAILROAD Lease of Atlanta realty; cancellation 2204 Underpass in Atlanta; consent to 2233 WESTERN CIRCUIT Stenographic reporter's compensation 1469 WEDOWS See Dower; Pensions; Year's Support.

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WILCOX COUNTY Commissionersamendments 1449 WILD LIFE Appropriation for Wild Life Division 64 Division of Natural Resources Department 265 WILKINSON COUNTY County purchases 1455 WILLIAM H. CRAWFORD Highway designated 2202 WINE Law amendedlicensetax 851 WORKMEN'S COMPENSATION Appropriations for operating 47 , 61 Laws relating to, amended 528 WOODVILLE Charter amendments 2177 Y YEAR'S SUPPORT Conveyance of title by widow 861 Z ZONING Cities and counties, constitutional amendments relating to 1132 , 1135 , 1137 , 1139 Glynn county; constitutional amendment 24